Municipal code
Humboldt County Zoning Code
The enacted municipal code of Humboldt County, California, as published — every title, chapter, and section, verbatim and citable.
- Edition
- 2026-06
- Last ingested
- 2026-07-06
- Jurisdiction
- Humboldt County
HumboldtCounty — Zoning
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1.1 ZONE MAPPING DESIGNATIONS ¶
The Principal Zone is the first zone designation applied to property which designates the principally permitted uses on the property. The Principal Zoning Districts in the Coastal Zone shall be represented on the adopted zoning maps by the designations in the following table. An explanation of what is allowed in each district follows this list. Definitions and terms used (such as “use type”) are explained in Section C: Index of Definitions of Language and Legal Terms, below.
1.2 LISTS OF PERMITTED USE TYPES ¶
Beginning with Section 313-2, Section A, Part 1 of this Chapter contains a list of permitted use types in the Principal Zones. These use types are listed by zone district, and are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. Definitions and terms used (such as “use type”) are explained in Section C: Index of Definitions of Language and Legal Terms. Full descriptions of each use type are found in Section D, Part 2: Glossary of Use Types.
| PRINCIPAL ZONES - COASTAL | ||
| ZONE DISTRICT | DESIGNATION | CODE SECTION |
| COMMERCIAL | ||
| Neighborhood Commercial | CN | 313-2.1 |
| Commercial General | CG | 313-2.2 |
| INDUSTRIAL | ||
| Business Park | MB | 313-3.1 |
| Light Industrial | ML | 313-3.2 |
| Industrial General | MG | 313-3.3 |
| Industrial/Coastal-Dependent | MC | 313-3.4 |
| PUBLIC | ||
| Public Facility– Urban | PF1 | 313-4.1 |
| Public Facility– Rural | PF2 | 313-4.2 |
| RECREATION AND CONSERVATION | ||
| Public Recreation | PR | 313-5.1 |
| Commercial Recreation | CR | 313-5.2 |
| Coastal-Dependent Commercial Recreation |
CRD | 313-5.3 |
| Natural Resources | NR | 313-5.4 |
| RESIDENTIAL | ||
| Residential Single Family * |
RS-5, RS-7.5, RS- 10,RS-20,RS-40 |
313-6.1 |
| Residential Multi-Family ** |
RM | 313-6.2 |
| Residential Mixed | R2 | 313-6.3 |
| Rural Residential Agriculture *** |
RA-1, RA-2, RA- 2.5, RA-5, RA-10, RA-20,RA-40 |
313-6.4 |
| RESOURCE | ||
| --- | --- | --- |
| PRINCIPAL ZONES - COASTAL | ||
| ZONE DISTRICT | DESIGNATION | CODE SECTION |
| Agriculture Exclusive *** |
AE-20, AE-40, AE-60, AE-160, AE-600 |
313-7.1 |
| Commercial Timberland(Coastal) | TC | 313-7.2 |
| Timberland Production Zone | TPZ | 313-7.3 |
*In the RS district, the number following the RS sets forth the minimum parcel size, in square feet, in the zone district.
**In the “RM - Residential Multi-Family Zone”, a maximum density shall be represented on the adopted zoning maps by a whole number immediately following the principal zone designator corresponding to the maximum permitted dwelling units per acre (e.g., RM-5 equals a Residential Multi-Family Density Zone that allows for the development of up to five dwelling units per acre [5du/a]). (Former Section CZ#A313-13)
***In the RA and AE districts, the number following the RA or AE sets forth the minimum parcel size, in acres, in the zone district.
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1.1 ZONE MAPPING DESIGNATIONS ¶
The Principal Zone is the first zone designation applied to property which designates the principally permitted uses on the property. The Principal Zoning Districts in the Coastal Zone shall be represented on the adopted zoning maps by the designations in the following table. An explanation of what is allowed in each district follows this list. Definitions and terms used (such as “use type”) are explained in Section C: Index of Definitions of Language and Legal Terms, below.
1.2 LISTS OF PERMITTED USE TYPES ¶
Beginning with Section 313-2, Section A, Part 1 of this Chapter contains a list of permitted use types in the Principal Zones. These use types are listed by zone district, and are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. Definitions and terms used (such as “use type”) are explained in Section C: Index of Definitions of Language and Legal Terms. Full descriptions of each use type are found in Section D, Part 2: Glossary of Use Types.
| PRINCIPAL ZONES - COASTAL | ||
| ZONE DISTRICT | DESIGNATION | CODE SECTION |
| COMMERCIAL | ||
| Neighborhood Commercial | CN | 313-2.1 |
| Commercial General | CG | 313-2.2 |
| INDUSTRIAL | ||
| Business Park | MB | 313-3.1 |
| Light Industrial | ML | 313-3.2 |
| Industrial General | MG | 313-3.3 |
| Industrial/Coastal-Dependent | MC | 313-3.4 |
| PUBLIC | ||
| Public Facility– Urban | PF1 | 313-4.1 |
| Public Facility– Rural | PF2 | 313-4.2 |
| RECREATION AND CONSERVATION | ||
| Public Recreation | PR | 313-5.1 |
| Commercial Recreation | CR | 313-5.2 |
| Coastal-Dependent Commercial Recreation |
CRD | 313-5.3 |
| Natural Resources | NR | 313-5.4 |
| RESIDENTIAL | ||
| Residential Single Family * |
RS-5, RS-7.5, RS- 10,RS-20,RS-40 |
313-6.1 |
| Residential Multi-Family ** |
RM | 313-6.2 |
| Residential Mixed | R2 | 313-6.3 |
| Rural Residential Agriculture *** |
RA-1, RA-2, RA- 2.5, RA-5, RA-10, RA-20,RA-40 |
313-6.4 |
| RESOURCE | ||
| --- | --- | --- |
| PRINCIPAL ZONES - COASTAL | ||
| ZONE DISTRICT | DESIGNATION | CODE SECTION |
| Agriculture Exclusive *** |
AE-20, AE-40, AE-60, AE-160, AE-600 |
313-7.1 |
| Commercial Timberland(Coastal) | TC | 313-7.2 |
| Timberland Production Zone | TPZ | 313-7.3 |
*In the RS district, the number following the RS sets forth the minimum parcel size, in square feet, in the zone district.
**In the “RM - Residential Multi-Family Zone”, a maximum density shall be represented on the adopted zoning maps by a whole number immediately following the principal zone designator corresponding to the maximum permitted dwelling units per acre (e.g., RM-5 equals a Residential Multi-Family Density Zone that allows for the development of up to five dwelling units per acre [5du/a]). (Former Section CZ#A313-13)
***In the RA and AE districts, the number following the RA or AE sets forth the minimum parcel size, in acres, in the zone district.
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1.1 ZONE MAPPING DESIGNATIONS ¶
The Principal Zone is the first zone designation applied to property which designates the principally permitted uses on the property. The Principal Zoning Districts in the Coastal Zone shall be represented on the adopted zoning maps by the designations in the following table. An explanation of what is allowed in each district follows this list. Definitions and terms used (such as “use type”) are explained in Section C: Index of Definitions of Language and Legal Terms, below.
1.2 LISTS OF PERMITTED USE TYPES ¶
Beginning with Section 313-2, Section A, Part 1 of this Chapter contains a list of permitted use types in the Principal Zones. These use types are listed by zone district, and are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. Definitions and terms used (such as “use type”) are explained in Section C: Index of Definitions of Language and Legal Terms. Full descriptions of each use type are found in Section D, Part 2: Glossary of Use Types.
| PRINCIPAL ZONES - COASTAL | ||
| ZONE DISTRICT | DESIGNATION | CODE SECTION |
| COMMERCIAL | ||
| Neighborhood Commercial | CN | 313-2.1 |
| Commercial General | CG | 313-2.2 |
| INDUSTRIAL | ||
| Business Park | MB | 313-3.1 |
| Light Industrial | ML | 313-3.2 |
| Industrial General | MG | 313-3.3 |
| Industrial/Coastal-Dependent | MC | 313-3.4 |
| PUBLIC | ||
| Public Facility– Urban | PF1 | 313-4.1 |
| Public Facility– Rural | PF2 | 313-4.2 |
| RECREATION AND CONSERVATION | ||
| Public Recreation | PR | 313-5.1 |
| Commercial Recreation | CR | 313-5.2 |
| Coastal-Dependent Commercial Recreation |
CRD | 313-5.3 |
| Natural Resources | NR | 313-5.4 |
| RESIDENTIAL | ||
| Residential Single Family * |
RS-5, RS-7.5, RS- 10,RS-20,RS-40 |
313-6.1 |
| Residential Multi-Family ** |
RM | 313-6.2 |
| Residential Mixed | R2 | 313-6.3 |
| Rural Residential Agriculture *** |
RA-1, RA-2, RA- 2.5, RA-5, RA-10, RA-20,RA-40 |
313-6.4 |
| RESOURCE | ||
| --- | --- | --- |
| PRINCIPAL ZONES - COASTAL | ||
| ZONE DISTRICT | DESIGNATION | CODE SECTION |
| Agriculture Exclusive *** |
AE-20, AE-40, AE-60, AE-160, AE-600 |
313-7.1 |
| Commercial Timberland(Coastal) | TC | 313-7.2 |
| Timberland Production Zone | TPZ | 313-7.3 |
*In the RS district, the number following the RS sets forth the minimum parcel size, in square feet, in the zone district.
**In the “RM - Residential Multi-Family Zone”, a maximum density shall be represented on the adopted zoning maps by a whole number immediately following the principal zone designator corresponding to the maximum permitted dwelling units per acre (e.g., RM-5 equals a Residential Multi-Family Density Zone that allows for the development of up to five dwelling units per acre [5du/a]). (Former Section CZ#A313-13)
***In the RA and AE districts, the number following the RA or AE sets forth the minimum parcel size, in acres, in the zone district.
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| 313-2.1 | CN: Neighborhood Commercial | CN: Neighborhood Commercial | |
|---|---|---|---|
| Principal Permitted Use | |||
| Neighborhood Commercial Permitted Use (See Section for description) |
Principal 313-163.1.9 |
||
| Use Type | Conditionally Permitted Use | ||
| Residential Use Types | Caretaker’s Residence. | ||
| Civic Use Types | Administrative Community Assembly Essential Services Minor Generation and Distribution Facilities Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
||
| Commercial Use Types | Retail Sales Retail Services Office and Professional Service |
||
| Industrial Use Types | Cottage Industry; subject to the Cottage IndustryRegulations. |
||
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CN Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-21(A-C); amended by Ord. 2167, Sec. 18, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-2.1 | CN: Neighborhood Commercial | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 5000 square feet | |
| Minimum Lot Width | Fiftyfeet(50') | |
| Maximum Lot Depth | Three(3)times the lot width | |
| Maximum Density | (None specified.) | |
| 313-2.1 | CN: Neighborhood Commercial | |
| --- | --- | --- |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5') |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified). | |
| Maximum Structure Height | Forty-five feet(45') | |
| Permitted Main Building Types | Ancillary Residential, Manufactured Home Limited Mixed Residential - Nonresidential Nonresidential Detached, Multiple/Group |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-21(A-C))
| 313-2.2 | CG: Commercial General | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities Essential Services Administrative Non-AssemblyCultural |
|
| Commercial Use Types | Retail Sales Retail Services |
|
| 313-2.2 | CG: Commercial General | |
| --- | --- | --- |
| Automotive, Sales, Service and Repair Office and Professional Service |
||
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Community Assembly Health Care Services Extensive Impact Civic Use Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Heavy Commercial Warehousing Storage and Distribution Transient Habitation Mini-Storage |
|
| Industrial Use Type * |
Research/Light Industrial | |
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CG Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet | |
| Minimum Lot Width | Fiftyfeet(50') | |
| Maximum Lot Depth | Three(3)times the lot width | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| 313-2.2 | CG: Commercial General | |
| --- | --- | --- |
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5') |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified). | |
| Maximum Structure Height | Forty-five feet(45') | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home Limited Mixed Residential - Nonresidential Nonresidential Detached; Multiple/Group |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
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| 313-2.1 | CN: Neighborhood Commercial | CN: Neighborhood Commercial | |
|---|---|---|---|
| Principal Permitted Use | |||
| Neighborhood Commercial Permitted Use (See Section for description) |
Principal 313-163.1.9 |
||
| Use Type | Conditionally Permitted Use | ||
| Residential Use Types | Caretaker’s Residence. | ||
| Civic Use Types | Administrative Community Assembly Essential Services Minor Generation and Distribution Facilities Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
||
| Commercial Use Types | Retail Sales Retail Services Office and Professional Service |
||
| Industrial Use Types | Cottage Industry; subject to the Cottage IndustryRegulations. |
||
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CN Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-21(A-C); amended by Ord. 2167, Sec. 18, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-2.1 | CN: Neighborhood Commercial | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 5000 square feet | |
| Minimum Lot Width | Fiftyfeet(50') | |
| Maximum Lot Depth | Three(3)times the lot width | |
| Maximum Density | (None specified.) | |
| 313-2.1 | CN: Neighborhood Commercial | |
| --- | --- | --- |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5') |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified). | |
| Maximum Structure Height | Forty-five feet(45') | |
| Permitted Main Building Types | Ancillary Residential, Manufactured Home Limited Mixed Residential - Nonresidential Nonresidential Detached, Multiple/Group |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-21(A-C))
| 313-2.2 | CG: Commercial General | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities Essential Services Administrative Non-AssemblyCultural |
|
| Commercial Use Types | Retail Sales Retail Services |
|
| 313-2.2 | CG: Commercial General | |
| --- | --- | --- |
| Automotive, Sales, Service and Repair Office and Professional Service |
||
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Community Assembly Health Care Services Extensive Impact Civic Use Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Heavy Commercial Warehousing Storage and Distribution Transient Habitation Mini-Storage |
|
| Industrial Use Type * |
Research/Light Industrial | |
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CG Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet | |
| Minimum Lot Width | Fiftyfeet(50') | |
| Maximum Lot Depth | Three(3)times the lot width | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| 313-2.2 | CG: Commercial General | |
| --- | --- | --- |
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5') |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified). | |
| Maximum Structure Height | Forty-five feet(45') | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home Limited Mixed Residential - Nonresidential Nonresidential Detached; Multiple/Group |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
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| 313-2.1 | CN: Neighborhood Commercial | CN: Neighborhood Commercial | |
|---|---|---|---|
| Principal Permitted Use | |||
| Neighborhood Commercial Permitted Use (See Section for description) |
Principal 313-163.1.9 |
||
| Use Type | Conditionally Permitted Use | ||
| Residential Use Types | Caretaker’s Residence. | ||
| Civic Use Types | Administrative Community Assembly Essential Services Minor Generation and Distribution Facilities Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
||
| Commercial Use Types | Retail Sales Retail Services Office and Professional Service |
||
| Industrial Use Types | Cottage Industry; subject to the Cottage IndustryRegulations. |
||
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CN Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-21(A-C); amended by Ord. 2167, Sec. 18, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-2.1 | CN: Neighborhood Commercial | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 5000 square feet | |
| Minimum Lot Width | Fiftyfeet(50') | |
| Maximum Lot Depth | Three(3)times the lot width | |
| Maximum Density | (None specified.) | |
| 313-2.1 | CN: Neighborhood Commercial | |
| --- | --- | --- |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5') |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified). | |
| Maximum Structure Height | Forty-five feet(45') | |
| Permitted Main Building Types | Ancillary Residential, Manufactured Home Limited Mixed Residential - Nonresidential Nonresidential Detached, Multiple/Group |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-21(A-C))
| 313-2.2 | CG: Commercial General | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities Essential Services Administrative Non-AssemblyCultural |
|
| Commercial Use Types | Retail Sales Retail Services |
|
| 313-2.2 | CG: Commercial General | |
| --- | --- | --- |
| Automotive, Sales, Service and Repair Office and Professional Service |
||
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Community Assembly Health Care Services Extensive Impact Civic Use Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Heavy Commercial Warehousing Storage and Distribution Transient Habitation Mini-Storage |
|
| Industrial Use Type * |
Research/Light Industrial | |
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CG Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet | |
| Minimum Lot Width | Fiftyfeet(50') | |
| Maximum Lot Depth | Three(3)times the lot width | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| 313-2.2 | CG: Commercial General | |
| --- | --- | --- |
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5') |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified). | |
| Maximum Structure Height | Forty-five feet(45') | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home Limited Mixed Residential - Nonresidential Nonresidential Detached; Multiple/Group |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
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| 313-3.1 | MB: Business Park | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities Administrative |
|
| Commercial Use Types | Warehousing, Storage and Distribution Office and Professional Service |
|
| Industrial Use Types * |
Research/Light Industrial | |
| Use Type | Conditionally Permitted Use | |
| Commercial Use Types | Retail Sales Retail Service Uses Transient Habitation Mini-Storage |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MB Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Thirtyfeet(30'). | |
| Rear | Ten feet(10'). | |
| Side | Thirty feet (30') where side yard adjoins a public street and ten feet (10') otherwise |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Fifty percent(50%). | |
| Maximum Structure Height | Fiftyfeet(50'). | |
| Permitted Main Building Types | Nonresidential Detached, Attached or Multiple/Group |
|
| 313-3.1 | MB: Business Park | |
| --- | --- | --- |
| Limited Mixed Residential and Nonresidential |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-25(A-C))
| 313-3.2 | ML: Light Industrial | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| Commercial Use Types | Warehousing, Storage and Distribution HeavyCommercial |
|
| Industrial Use Types * |
Research/Light Industrial Aquaculture; subject to the Coastal- Dependent Industrial Development Regulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Major Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities Extensive Impact Civic Uses |
|
| Commercial Use Types | Retail Service Retail Sales Mini-Storage |
|
| Industrial Use Types * |
Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Coastal-Related; subject to the Coastal- Dependent Industrial Development Regulations Timber Product Processing |
|
| 313-3.2 | ML: Light Industrial | |
| --- | --- | --- |
| Agricultural Use Type | General Agriculture | |
| Extractive Use Type | Surface Mining – 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the ML Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twenty-five feet(25'). | |
| Rear | Twenty-five feet(25'). | |
| Side | Twenty-five feet (25') on one side, and 0 feet on one side. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fiftyfeet(50'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential - Nonresidential. Nonresidential Detached or Multiple/Group. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, division 11.
(Former Section CZ#A313-26(A-C))
| 313-3.3 | MG: Industrial General | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| Commercial Use Types | Warehousing, Storage and Distribution | |
| 313-3.3 | MG: Industrial General | |
| --- | --- | --- |
| Heavy Commercial | ||
| Industrial Use Types * |
Research/Light Industrial Aquaculture; subject to the Coastal- Dependent Industrial Development Regulations Timber Product Processing |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Minor Generation and Distribution Facilities Extensive Impact Civic Uses Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Industrial Use Type * |
Heavy Industrial Hazardous Industrial Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Coastal-Related; subject to the Coastal- Dependent Industrial Development Regulations |
|
| Agricultural Use Type | General Agriculture | |
| Extractive Use Type | Surface Mining - 1; subject to the Surface Mining Regulations Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| 313-3.3 | MG: Industrial General | |
| --- | --- | --- |
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MG Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
| 313-3.3 | MG: Industrial General | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | One acre(1a). | |
| Minimum Lot Width | (None specified.) | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Fiftyfeet(50'). | |
| Rear | Fiftyfeet(50'). | |
| Side | Twenty-five feet(25'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fifty feet (50') plus one foot (1') for each foot of front yard setback over fifty feet (50') to a maximum of seventy-five feet (75'). |
|
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential - Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-27(A-C))
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| Industrial Use Types * |
Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Aquaculture; subject to the Coastal- Dependent Industrial Regulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Coastal-Dependent Recreation | |
| Industrial Use Type * |
Coastal-Related; subject to the Coastal- Dependent Industrial Regulations Heavy Industrial, limited to alteration, improvement, and relocation of existing facilities |
|
| Extractive Use Type | Surface Mining - 1; subject to Surface Mining Regulations Surface Mining - 2; subject to Surface Mining Regulations Oil and Gas Drilling Processing; subject to Oil and Gas Drilling and Processing Regulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Type | Interim Conditionally Permitted Use |
|
| Certain uses Principally and Conditionally permitted in Section 313- 3.2 ML: Light Industrial and Section 313- 3.3 MG: Industrial General not listed above; subject to the Interim Uses in the Coastal-Dependent Industrial Zone Performance Standards contained in Section 313-104.1.Pursuant to Section 313-104.1,certain uses included in the following use types would not be allowed |
||
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| due to their inability to be removed or relocated in a feasible manner. |
||
| Civic Use Types | Extensive Impact Civic Uses Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Heavy Commercial Retail Sales Retail Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Heavy Industrial Research/Light Industrial Timber Product Processing |
|
| Agricultural Use Type | General Agriculture | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses, excepting Interim Conditionally Permitted Uses, permitted in the MC Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | (None specified.) | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Front yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations. |
|
| Rear | Rear yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations. |
|
| Side | Side yard setbacks in the MC Zone district shall be as designated by the |
|
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| Development Standards | ||
| Development Standard Combining Zone regulations. |
||
| Exceptions to Required Rear or Side Yard Setbacks |
Where a required side or rear yard abuts the ocean or harbor, and is proposed to be developed for a coastal-dependent use, an exception to the required side or rear yard may be granted through a Special Permit. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fifty feet (50') plus one foot (1') for each foot of front yard setback over fifty feet (50') to a maximum of seventy-five feet (75'). |
|
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential- Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-28(A-C)) (Ord. 2749, § 5, 10/1/2024)
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| 313-3.1 | MB: Business Park | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities Administrative |
|
| Commercial Use Types | Warehousing, Storage and Distribution Office and Professional Service |
|
| Industrial Use Types * |
Research/Light Industrial | |
| Use Type | Conditionally Permitted Use | |
| Commercial Use Types | Retail Sales Retail Service Uses Transient Habitation Mini-Storage |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MB Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Thirtyfeet(30'). | |
| Rear | Ten feet(10'). | |
| Side | Thirty feet (30') where side yard adjoins a public street and ten feet (10') otherwise |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Fifty percent(50%). | |
| Maximum Structure Height | Fiftyfeet(50'). | |
| Permitted Main Building Types | Nonresidential Detached, Attached or Multiple/Group |
|
| 313-3.1 | MB: Business Park | |
| --- | --- | --- |
| Limited Mixed Residential and Nonresidential |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-25(A-C))
| 313-3.2 | ML: Light Industrial | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| Commercial Use Types | Warehousing, Storage and Distribution HeavyCommercial |
|
| Industrial Use Types * |
Research/Light Industrial Aquaculture; subject to the Coastal- Dependent Industrial Development Regulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Major Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities Extensive Impact Civic Uses |
|
| Commercial Use Types | Retail Service Retail Sales Mini-Storage |
|
| Industrial Use Types * |
Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Coastal-Related; subject to the Coastal- Dependent Industrial Development Regulations Timber Product Processing |
|
| 313-3.2 | ML: Light Industrial | |
| --- | --- | --- |
| Agricultural Use Type | General Agriculture | |
| Extractive Use Type | Surface Mining – 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the ML Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twenty-five feet(25'). | |
| Rear | Twenty-five feet(25'). | |
| Side | Twenty-five feet (25') on one side, and 0 feet on one side. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fiftyfeet(50'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential - Nonresidential. Nonresidential Detached or Multiple/Group. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, division 11.
(Former Section CZ#A313-26(A-C))
| 313-3.3 | MG: Industrial General | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| Commercial Use Types | Warehousing, Storage and Distribution | |
| 313-3.3 | MG: Industrial General | |
| --- | --- | --- |
| Heavy Commercial | ||
| Industrial Use Types * |
Research/Light Industrial Aquaculture; subject to the Coastal- Dependent Industrial Development Regulations Timber Product Processing |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Minor Generation and Distribution Facilities Extensive Impact Civic Uses Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Industrial Use Type * |
Heavy Industrial Hazardous Industrial Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Coastal-Related; subject to the Coastal- Dependent Industrial Development Regulations |
|
| Agricultural Use Type | General Agriculture | |
| Extractive Use Type | Surface Mining - 1; subject to the Surface Mining Regulations Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| 313-3.3 | MG: Industrial General | |
| --- | --- | --- |
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MG Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
| 313-3.3 | MG: Industrial General | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | One acre(1a). | |
| Minimum Lot Width | (None specified.) | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Fiftyfeet(50'). | |
| Rear | Fiftyfeet(50'). | |
| Side | Twenty-five feet(25'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fifty feet (50') plus one foot (1') for each foot of front yard setback over fifty feet (50') to a maximum of seventy-five feet (75'). |
|
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential - Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-27(A-C))
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| Industrial Use Types * |
Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Aquaculture; subject to the Coastal- Dependent Industrial Regulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Coastal-Dependent Recreation | |
| Industrial Use Type * |
Coastal-Related; subject to the Coastal- Dependent Industrial Regulations Heavy Industrial, limited to alteration, improvement, and relocation of existing facilities |
|
| Extractive Use Type | Surface Mining - 1; subject to Surface Mining Regulations Surface Mining - 2; subject to Surface Mining Regulations Oil and Gas Drilling Processing; subject to Oil and Gas Drilling and Processing Regulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Type | Interim Conditionally Permitted Use |
|
| Certain uses Principally and Conditionally permitted in Section 313- 3.2 ML: Light Industrial and Section 313- 3.3 MG: Industrial General not listed above; subject to the Interim Uses in the Coastal-Dependent Industrial Zone Performance Standards contained in Section 313-104.1.Pursuant to Section 313-104.1,certain uses included in the following use types would not be allowed |
||
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| due to their inability to be removed or relocated in a feasible manner. |
||
| Civic Use Types | Extensive Impact Civic Uses Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Heavy Commercial Retail Sales Retail Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Heavy Industrial Research/Light Industrial Timber Product Processing |
|
| Agricultural Use Type | General Agriculture | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses, excepting Interim Conditionally Permitted Uses, permitted in the MC Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | (None specified.) | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Front yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations. |
|
| Rear | Rear yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations. |
|
| Side | Side yard setbacks in the MC Zone district shall be as designated by the |
|
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| Development Standards | ||
| Development Standard Combining Zone regulations. |
||
| Exceptions to Required Rear or Side Yard Setbacks |
Where a required side or rear yard abuts the ocean or harbor, and is proposed to be developed for a coastal-dependent use, an exception to the required side or rear yard may be granted through a Special Permit. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fifty feet (50') plus one foot (1') for each foot of front yard setback over fifty feet (50') to a maximum of seventy-five feet (75'). |
|
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential- Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-28(A-C)) (Ord. 2749, § 5, 10/1/2024)
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Search Within This
This section is included in your selections.
| 313-3.1 | MB: Business Park | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities Administrative |
|
| Commercial Use Types | Warehousing, Storage and Distribution Office and Professional Service |
|
| Industrial Use Types * |
Research/Light Industrial | |
| Use Type | Conditionally Permitted Use | |
| Commercial Use Types | Retail Sales Retail Service Uses Transient Habitation Mini-Storage |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MB Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Thirtyfeet(30'). | |
| Rear | Ten feet(10'). | |
| Side | Thirty feet (30') where side yard adjoins a public street and ten feet (10') otherwise |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Fifty percent(50%). | |
| Maximum Structure Height | Fiftyfeet(50'). | |
| Permitted Main Building Types | Nonresidential Detached, Attached or Multiple/Group |
|
| 313-3.1 | MB: Business Park | |
| --- | --- | --- |
| Limited Mixed Residential and Nonresidential |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-25(A-C))
| 313-3.2 | ML: Light Industrial | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| Commercial Use Types | Warehousing, Storage and Distribution HeavyCommercial |
|
| Industrial Use Types * |
Research/Light Industrial Aquaculture; subject to the Coastal- Dependent Industrial Development Regulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Major Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities Extensive Impact Civic Uses |
|
| Commercial Use Types | Retail Service Retail Sales Mini-Storage |
|
| Industrial Use Types * |
Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Coastal-Related; subject to the Coastal- Dependent Industrial Development Regulations Timber Product Processing |
|
| 313-3.2 | ML: Light Industrial | |
| --- | --- | --- |
| Agricultural Use Type | General Agriculture | |
| Extractive Use Type | Surface Mining – 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the ML Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twenty-five feet(25'). | |
| Rear | Twenty-five feet(25'). | |
| Side | Twenty-five feet (25') on one side, and 0 feet on one side. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fiftyfeet(50'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential - Nonresidential. Nonresidential Detached or Multiple/Group. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, division 11.
(Former Section CZ#A313-26(A-C))
| 313-3.3 | MG: Industrial General | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| Commercial Use Types | Warehousing, Storage and Distribution | |
| 313-3.3 | MG: Industrial General | |
| --- | --- | --- |
| Heavy Commercial | ||
| Industrial Use Types * |
Research/Light Industrial Aquaculture; subject to the Coastal- Dependent Industrial Development Regulations Timber Product Processing |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Minor Generation and Distribution Facilities Extensive Impact Civic Uses Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Industrial Use Type * |
Heavy Industrial Hazardous Industrial Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Coastal-Related; subject to the Coastal- Dependent Industrial Development Regulations |
|
| Agricultural Use Type | General Agriculture | |
| Extractive Use Type | Surface Mining - 1; subject to the Surface Mining Regulations Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| 313-3.3 | MG: Industrial General | |
| --- | --- | --- |
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MG Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
| 313-3.3 | MG: Industrial General | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | One acre(1a). | |
| Minimum Lot Width | (None specified.) | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Fiftyfeet(50'). | |
| Rear | Fiftyfeet(50'). | |
| Side | Twenty-five feet(25'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fifty feet (50') plus one foot (1') for each foot of front yard setback over fifty feet (50') to a maximum of seventy-five feet (75'). |
|
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential - Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-27(A-C))
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| Industrial Use Types * |
Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Aquaculture; subject to the Coastal- Dependent Industrial Regulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Coastal-Dependent Recreation | |
| Industrial Use Type * |
Coastal-Related; subject to the Coastal- Dependent Industrial Regulations Heavy Industrial, limited to alteration, improvement, and relocation of existing facilities |
|
| Extractive Use Type | Surface Mining - 1; subject to Surface Mining Regulations Surface Mining - 2; subject to Surface Mining Regulations Oil and Gas Drilling Processing; subject to Oil and Gas Drilling and Processing Regulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Type | Interim Conditionally Permitted Use |
|
| Certain uses Principally and Conditionally permitted in Section 313- 3.2 ML: Light Industrial and Section 313- 3.3 MG: Industrial General not listed above; subject to the Interim Uses in the Coastal-Dependent Industrial Zone Performance Standards contained in Section 313-104.1.Pursuant to Section 313-104.1,certain uses included in the following use types would not be allowed |
||
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| due to their inability to be removed or relocated in a feasible manner. |
||
| Civic Use Types | Extensive Impact Civic Uses Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Heavy Commercial Retail Sales Retail Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Heavy Industrial Research/Light Industrial Timber Product Processing |
|
| Agricultural Use Type | General Agriculture | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses, excepting Interim Conditionally Permitted Uses, permitted in the MC Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | (None specified.) | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Front yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations. |
|
| Rear | Rear yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations. |
|
| Side | Side yard setbacks in the MC Zone district shall be as designated by the |
|
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| Development Standards | ||
| Development Standard Combining Zone regulations. |
||
| Exceptions to Required Rear or Side Yard Setbacks |
Where a required side or rear yard abuts the ocean or harbor, and is proposed to be developed for a coastal-dependent use, an exception to the required side or rear yard may be granted through a Special Permit. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fifty feet (50') plus one foot (1') for each foot of front yard setback over fifty feet (50') to a maximum of seventy-five feet (75'). |
|
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential- Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-28(A-C)) (Ord. 2749, § 5, 10/1/2024)
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| 313-3.1 | MB: Business Park | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities Administrative |
|
| Commercial Use Types | Warehousing, Storage and Distribution Office and Professional Service |
|
| Industrial Use Types * |
Research/Light Industrial | |
| Use Type | Conditionally Permitted Use | |
| Commercial Use Types | Retail Sales Retail Service Uses Transient Habitation Mini-Storage |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MB Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Thirtyfeet(30'). | |
| Rear | Ten feet(10'). | |
| Side | Thirty feet (30') where side yard adjoins a public street and ten feet (10') otherwise |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Fifty percent(50%). | |
| Maximum Structure Height | Fiftyfeet(50'). | |
| Permitted Main Building Types | Nonresidential Detached, Attached or Multiple/Group |
|
| 313-3.1 | MB: Business Park | |
| --- | --- | --- |
| Limited Mixed Residential and Nonresidential |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-25(A-C))
| 313-3.2 | ML: Light Industrial | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| Commercial Use Types | Warehousing, Storage and Distribution HeavyCommercial |
|
| Industrial Use Types * |
Research/Light Industrial Aquaculture; subject to the Coastal- Dependent Industrial Development Regulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Major Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities Extensive Impact Civic Uses |
|
| Commercial Use Types | Retail Service Retail Sales Mini-Storage |
|
| Industrial Use Types * |
Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Coastal-Related; subject to the Coastal- Dependent Industrial Development Regulations Timber Product Processing |
|
| 313-3.2 | ML: Light Industrial | |
| --- | --- | --- |
| Agricultural Use Type | General Agriculture | |
| Extractive Use Type | Surface Mining – 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the ML Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twenty-five feet(25'). | |
| Rear | Twenty-five feet(25'). | |
| Side | Twenty-five feet (25') on one side, and 0 feet on one side. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fiftyfeet(50'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential - Nonresidential. Nonresidential Detached or Multiple/Group. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, division 11.
(Former Section CZ#A313-26(A-C))
| 313-3.3 | MG: Industrial General | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| Commercial Use Types | Warehousing, Storage and Distribution | |
| 313-3.3 | MG: Industrial General | |
| --- | --- | --- |
| Heavy Commercial | ||
| Industrial Use Types * |
Research/Light Industrial Aquaculture; subject to the Coastal- Dependent Industrial Development Regulations Timber Product Processing |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Minor Generation and Distribution Facilities Extensive Impact Civic Uses Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Industrial Use Type * |
Heavy Industrial Hazardous Industrial Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Coastal-Related; subject to the Coastal- Dependent Industrial Development Regulations |
|
| Agricultural Use Type | General Agriculture | |
| Extractive Use Type | Surface Mining - 1; subject to the Surface Mining Regulations Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| 313-3.3 | MG: Industrial General | |
| --- | --- | --- |
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MG Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
| 313-3.3 | MG: Industrial General | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | One acre(1a). | |
| Minimum Lot Width | (None specified.) | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Fiftyfeet(50'). | |
| Rear | Fiftyfeet(50'). | |
| Side | Twenty-five feet(25'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fifty feet (50') plus one foot (1') for each foot of front yard setback over fifty feet (50') to a maximum of seventy-five feet (75'). |
|
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential - Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-27(A-C))
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| Industrial Use Types * |
Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Aquaculture; subject to the Coastal- Dependent Industrial Regulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Coastal-Dependent Recreation | |
| Industrial Use Type * |
Coastal-Related; subject to the Coastal- Dependent Industrial Regulations Heavy Industrial, limited to alteration, improvement, and relocation of existing facilities |
|
| Extractive Use Type | Surface Mining - 1; subject to Surface Mining Regulations Surface Mining - 2; subject to Surface Mining Regulations Oil and Gas Drilling Processing; subject to Oil and Gas Drilling and Processing Regulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Type | Interim Conditionally Permitted Use |
|
| Certain uses Principally and Conditionally permitted in Section 313- 3.2 ML: Light Industrial and Section 313- 3.3 MG: Industrial General not listed above; subject to the Interim Uses in the Coastal-Dependent Industrial Zone Performance Standards contained in Section 313-104.1.Pursuant to Section 313-104.1,certain uses included in the following use types would not be allowed |
||
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| due to their inability to be removed or relocated in a feasible manner. |
||
| Civic Use Types | Extensive Impact Civic Uses Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Heavy Commercial Retail Sales Retail Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Heavy Industrial Research/Light Industrial Timber Product Processing |
|
| Agricultural Use Type | General Agriculture | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses, excepting Interim Conditionally Permitted Uses, permitted in the MC Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | (None specified.) | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Front yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations. |
|
| Rear | Rear yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations. |
|
| Side | Side yard setbacks in the MC Zone district shall be as designated by the |
|
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| Development Standards | ||
| Development Standard Combining Zone regulations. |
||
| Exceptions to Required Rear or Side Yard Setbacks |
Where a required side or rear yard abuts the ocean or harbor, and is proposed to be developed for a coastal-dependent use, an exception to the required side or rear yard may be granted through a Special Permit. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fifty feet (50') plus one foot (1') for each foot of front yard setback over fifty feet (50') to a maximum of seventy-five feet (75'). |
|
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential- Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-28(A-C)) (Ord. 2749, § 5, 10/1/2024)
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Search Within This
This section is included in your selections.
| 313-3.1 | MB: Business Park | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities Administrative |
|
| Commercial Use Types | Warehousing, Storage and Distribution Office and Professional Service |
|
| Industrial Use Types * |
Research/Light Industrial | |
| Use Type | Conditionally Permitted Use | |
| Commercial Use Types | Retail Sales Retail Service Uses Transient Habitation Mini-Storage |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MB Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Thirtyfeet(30'). | |
| Rear | Ten feet(10'). | |
| Side | Thirty feet (30') where side yard adjoins a public street and ten feet (10') otherwise |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Fifty percent(50%). | |
| Maximum Structure Height | Fiftyfeet(50'). | |
| Permitted Main Building Types | Nonresidential Detached, Attached or Multiple/Group |
|
| 313-3.1 | MB: Business Park | |
| --- | --- | --- |
| Limited Mixed Residential and Nonresidential |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-25(A-C))
| 313-3.2 | ML: Light Industrial | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| Commercial Use Types | Warehousing, Storage and Distribution HeavyCommercial |
|
| Industrial Use Types * |
Research/Light Industrial Aquaculture; subject to the Coastal- Dependent Industrial Development Regulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Major Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities Extensive Impact Civic Uses |
|
| Commercial Use Types | Retail Service Retail Sales Mini-Storage |
|
| Industrial Use Types * |
Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Coastal-Related; subject to the Coastal- Dependent Industrial Development Regulations Timber Product Processing |
|
| 313-3.2 | ML: Light Industrial | |
| --- | --- | --- |
| Agricultural Use Type | General Agriculture | |
| Extractive Use Type | Surface Mining – 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the ML Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twenty-five feet(25'). | |
| Rear | Twenty-five feet(25'). | |
| Side | Twenty-five feet (25') on one side, and 0 feet on one side. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fiftyfeet(50'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential - Nonresidential. Nonresidential Detached or Multiple/Group. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, division 11.
(Former Section CZ#A313-26(A-C))
| 313-3.3 | MG: Industrial General | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| Commercial Use Types | Warehousing, Storage and Distribution | |
| 313-3.3 | MG: Industrial General | |
| --- | --- | --- |
| Heavy Commercial | ||
| Industrial Use Types * |
Research/Light Industrial Aquaculture; subject to the Coastal- Dependent Industrial Development Regulations Timber Product Processing |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Minor Generation and Distribution Facilities Extensive Impact Civic Uses Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Industrial Use Type * |
Heavy Industrial Hazardous Industrial Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Coastal-Related; subject to the Coastal- Dependent Industrial Development Regulations |
|
| Agricultural Use Type | General Agriculture | |
| Extractive Use Type | Surface Mining - 1; subject to the Surface Mining Regulations Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| 313-3.3 | MG: Industrial General | |
| --- | --- | --- |
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MG Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
| 313-3.3 | MG: Industrial General | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | One acre(1a). | |
| Minimum Lot Width | (None specified.) | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Fiftyfeet(50'). | |
| Rear | Fiftyfeet(50'). | |
| Side | Twenty-five feet(25'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fifty feet (50') plus one foot (1') for each foot of front yard setback over fifty feet (50') to a maximum of seventy-five feet (75'). |
|
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential - Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-27(A-C))
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Minor Utilities | |
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| Industrial Use Types * |
Coastal-Dependent; subject to the Coastal-Dependent Industrial Development Regulations Aquaculture; subject to the Coastal- Dependent Industrial Regulations |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Coastal-Dependent Recreation | |
| Industrial Use Type * |
Coastal-Related; subject to the Coastal- Dependent Industrial Regulations Heavy Industrial, limited to alteration, improvement, and relocation of existing facilities |
|
| Extractive Use Type | Surface Mining - 1; subject to Surface Mining Regulations Surface Mining - 2; subject to Surface Mining Regulations Oil and Gas Drilling Processing; subject to Oil and Gas Drilling and Processing Regulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Type | Interim Conditionally Permitted Use |
|
| Certain uses Principally and Conditionally permitted in Section 313- 3.2 ML: Light Industrial and Section 313- 3.3 MG: Industrial General not listed above; subject to the Interim Uses in the Coastal-Dependent Industrial Zone Performance Standards contained in Section 313-104.1.Pursuant to Section 313-104.1,certain uses included in the following use types would not be allowed |
||
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| due to their inability to be removed or relocated in a feasible manner. |
||
| Civic Use Types | Extensive Impact Civic Uses Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Heavy Commercial Retail Sales Retail Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Heavy Industrial Research/Light Industrial Timber Product Processing |
|
| Agricultural Use Type | General Agriculture | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses, excepting Interim Conditionally Permitted Uses, permitted in the MC Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 10,000 square feet. | |
| Minimum Lot Width | (None specified.) | |
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Front yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations. |
|
| Rear | Rear yard setbacks in the MC Zone district shall be as designated by the Development Standard Combining Zone regulations. |
|
| Side | Side yard setbacks in the MC Zone district shall be as designated by the |
|
| 313-3.4 | MC: Industrial/Coastal-Dependent | |
| --- | --- | --- |
| Development Standards | ||
| Development Standard Combining Zone regulations. |
||
| Exceptions to Required Rear or Side Yard Setbacks |
Where a required side or rear yard abuts the ocean or harbor, and is proposed to be developed for a coastal-dependent use, an exception to the required side or rear yard may be granted through a Special Permit. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Fifty feet (50') plus one foot (1') for each foot of front yard setback over fifty feet (50') to a maximum of seventy-five feet (75'). |
|
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Unlimited Mixed Residential- Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-28(A-C)) (Ord. 2749, § 5, 10/1/2024)
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| 313-4.1 | PF1: Public Facility (Urban) | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Essential Services | |
| Administrative | ||
| CommunityAssembly | ||
| Non-AssemblyCultural | ||
| Public Recreation and Open Space | ||
| Health Care Services | ||
| Minor Utilities | ||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Extensive Impact Civic Uses | |
| Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations |
||
| Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
||
| Minor Generation and Distribution Facilities |
||
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF1 Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, |
|
| 313-4.1 | PF1: Public Facility (Urban) | |
| --- | --- | --- |
| R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
||
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum | Ground Coverage | (None specified.) |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. |
|
| Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-18(A-C); Amended by Ord. 1842, Sec. 19, 8/16/88)
| 313-4.2 | PF2: Public Facility (Rural) | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Spaces Minor Utilities |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Extensive Impact Civic Uses Solid Waste Disposal; subject to the Solid Waste and Dredge Spoils Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the |
|
| 313-4.2 | PF2: Public Facility (Rural) | |
| --- | --- | --- |
| Electrical Transmission Lines Regulations |
||
| Minor Generation and Distribution Facilities |
||
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF2 Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Thirty-fivepercent(35%). | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-19(A-C)) Your Selections
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| 313-4.1 | PF1: Public Facility (Urban) | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Essential Services | |
| Administrative | ||
| CommunityAssembly | ||
| Non-AssemblyCultural | ||
| Public Recreation and Open Space | ||
| Health Care Services | ||
| Minor Utilities | ||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Extensive Impact Civic Uses | |
| Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations |
||
| Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
||
| Minor Generation and Distribution Facilities |
||
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF1 Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, |
|
| 313-4.1 | PF1: Public Facility (Urban) | |
| --- | --- | --- |
| R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
||
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum | Ground Coverage | (None specified.) |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. |
|
| Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-18(A-C); Amended by Ord. 1842, Sec. 19, 8/16/88)
| 313-4.2 | PF2: Public Facility (Rural) | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Spaces Minor Utilities |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Extensive Impact Civic Uses Solid Waste Disposal; subject to the Solid Waste and Dredge Spoils Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the |
|
| 313-4.2 | PF2: Public Facility (Rural) | |
| --- | --- | --- |
| Electrical Transmission Lines Regulations |
||
| Minor Generation and Distribution Facilities |
||
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF2 Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Thirty-fivepercent(35%). | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-19(A-C)) Your Selections
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| 313-4.1 | PF1: Public Facility (Urban) | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Essential Services | |
| Administrative | ||
| CommunityAssembly | ||
| Non-AssemblyCultural | ||
| Public Recreation and Open Space | ||
| Health Care Services | ||
| Minor Utilities | ||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Extensive Impact Civic Uses | |
| Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations |
||
| Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
||
| Minor Generation and Distribution Facilities |
||
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF1 Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, |
|
| 313-4.1 | PF1: Public Facility (Urban) | |
| --- | --- | --- |
| R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
||
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum | Ground Coverage | (None specified.) |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. |
|
| Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-18(A-C); Amended by Ord. 1842, Sec. 19, 8/16/88)
| 313-4.2 | PF2: Public Facility (Rural) | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Spaces Minor Utilities |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Extensive Impact Civic Uses Solid Waste Disposal; subject to the Solid Waste and Dredge Spoils Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the |
|
| 313-4.2 | PF2: Public Facility (Rural) | |
| --- | --- | --- |
| Electrical Transmission Lines Regulations |
||
| Minor Generation and Distribution Facilities |
||
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF2 Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Thirty-fivepercent(35%). | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-19(A-C)) Your Selections
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| 313-5.1 | PR: Public Recreation | |
|---|---|---|
| Principal Permitted Use | ||
| Public Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Essential Services Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Minor Generation and Distribution Facilities Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Visitor Serving Facilities Commercial Recreation Coastal-Dependent Recreation Recreational Vehicle Park |
|
| Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation BoatingFacilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PR Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| 313-5.1 | PR: Public Recreation | |
| --- | --- | --- |
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(15'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum | Ground Coverage | Thirty-fivepercent(35%). |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-20(A)); amended by Ord. 2167, Sec. 17, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-5.2 | CR: Commercial Recreation | |
|---|---|---|
| Principal Permitted Use | ||
| Commercial Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential Junior Accessory Dwelling Unit Caretaker’s Residence |
|
| 313-5.2 | CR: Commercial Recreation | |
| --- | --- | --- |
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Recreational Vehicle Park | |
| Commercial Timber Use Types | Timber Production | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration BoatingFacilities Improvements |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CR Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the |
|
| 313-5.2 | CR: Commercial Recreation | |
| --- | --- | --- |
| minimum yard that is required for a vehicular turnaround on the lot. |
||
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-23(A-C); amended by Ord. 2167, Sec. 19, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
|---|---|---|
| Principal Permitted Use | ||
| Coastal-Dependent Commercial Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential Caretaker’s Residence |
|
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Visitor Serving Facilities Transient Habitation Commercial Recreation Recreational Vehicle Park |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management |
|
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
| --- | --- | --- |
| Wetland Restoration BoatingFacilities Improvements |
||
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CRD Zone. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-24(A-C, amended by Ord. 2167, Sec. 20, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. |
313-5.3 CRD: Coastal-Dependent Commercial Recreation Development Standards Nonresidential Detached, Multiple/Group.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-24(A-C)
| 313-5.4 | NR: Natural Resources | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Natural Resource Use Types | Fish and Wildlife Habitat Management | |
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence (allowed only within Humboldt Bay Coastal sand dune areas only) |
|
| Civic Use Types | Minor Utilities Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Industrial Use Types * |
Aquaculture; subject to the Coastal- Dependent Industrial Regulations |
|
| Extractive Use Types | Surface Mining - 3; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Watershed Management Wetland Management Boating Facilities Improvements Resource-Related Recreation Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the NR Zone. |
|
| Development Standards | ||
| 313-5.4 | NR: Natural Resources | |
| --- | --- | --- |
| Minimum Lot Size | Determined during subdivision approval process and in conformance with this zone and the General Plan. |
|
| Minimum Lot Width | Determined during subdivision approval process and in conformance with this zone and the General Plan. |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Side | Five feet(5'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Ancillary Residential or Manufactured Home (only one unit per lot). Nonresidential Detached, Multiple/Group. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-32(A-C)) (Ord. 2717, § 10, 6/27/2023) Your Selections
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| 313-5.1 | PR: Public Recreation | |
|---|---|---|
| Principal Permitted Use | ||
| Public Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Essential Services Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Minor Generation and Distribution Facilities Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Visitor Serving Facilities Commercial Recreation Coastal-Dependent Recreation Recreational Vehicle Park |
|
| Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation BoatingFacilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PR Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| 313-5.1 | PR: Public Recreation | |
| --- | --- | --- |
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(15'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum | Ground Coverage | Thirty-fivepercent(35%). |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-20(A)); amended by Ord. 2167, Sec. 17, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-5.2 | CR: Commercial Recreation | |
|---|---|---|
| Principal Permitted Use | ||
| Commercial Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential Junior Accessory Dwelling Unit Caretaker’s Residence |
|
| 313-5.2 | CR: Commercial Recreation | |
| --- | --- | --- |
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Recreational Vehicle Park | |
| Commercial Timber Use Types | Timber Production | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration BoatingFacilities Improvements |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CR Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the |
|
| 313-5.2 | CR: Commercial Recreation | |
| --- | --- | --- |
| minimum yard that is required for a vehicular turnaround on the lot. |
||
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-23(A-C); amended by Ord. 2167, Sec. 19, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
|---|---|---|
| Principal Permitted Use | ||
| Coastal-Dependent Commercial Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential Caretaker’s Residence |
|
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Visitor Serving Facilities Transient Habitation Commercial Recreation Recreational Vehicle Park |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management |
|
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
| --- | --- | --- |
| Wetland Restoration BoatingFacilities Improvements |
||
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CRD Zone. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-24(A-C, amended by Ord. 2167, Sec. 20, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. |
313-5.3 CRD: Coastal-Dependent Commercial Recreation Development Standards Nonresidential Detached, Multiple/Group.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-24(A-C)
| 313-5.4 | NR: Natural Resources | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Natural Resource Use Types | Fish and Wildlife Habitat Management | |
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence (allowed only within Humboldt Bay Coastal sand dune areas only) |
|
| Civic Use Types | Minor Utilities Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Industrial Use Types * |
Aquaculture; subject to the Coastal- Dependent Industrial Regulations |
|
| Extractive Use Types | Surface Mining - 3; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Watershed Management Wetland Management Boating Facilities Improvements Resource-Related Recreation Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the NR Zone. |
|
| Development Standards | ||
| 313-5.4 | NR: Natural Resources | |
| --- | --- | --- |
| Minimum Lot Size | Determined during subdivision approval process and in conformance with this zone and the General Plan. |
|
| Minimum Lot Width | Determined during subdivision approval process and in conformance with this zone and the General Plan. |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Side | Five feet(5'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Ancillary Residential or Manufactured Home (only one unit per lot). Nonresidential Detached, Multiple/Group. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-32(A-C)) (Ord. 2717, § 10, 6/27/2023) Your Selections
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Search Within This
This section is included in your selections.
| 313-5.1 | PR: Public Recreation | |
|---|---|---|
| Principal Permitted Use | ||
| Public Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Essential Services Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Minor Generation and Distribution Facilities Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Visitor Serving Facilities Commercial Recreation Coastal-Dependent Recreation Recreational Vehicle Park |
|
| Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation BoatingFacilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PR Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| 313-5.1 | PR: Public Recreation | |
| --- | --- | --- |
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(15'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum | Ground Coverage | Thirty-fivepercent(35%). |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-20(A)); amended by Ord. 2167, Sec. 17, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-5.2 | CR: Commercial Recreation | |
|---|---|---|
| Principal Permitted Use | ||
| Commercial Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential Junior Accessory Dwelling Unit Caretaker’s Residence |
|
| 313-5.2 | CR: Commercial Recreation | |
| --- | --- | --- |
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Recreational Vehicle Park | |
| Commercial Timber Use Types | Timber Production | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration BoatingFacilities Improvements |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CR Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the |
|
| 313-5.2 | CR: Commercial Recreation | |
| --- | --- | --- |
| minimum yard that is required for a vehicular turnaround on the lot. |
||
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-23(A-C); amended by Ord. 2167, Sec. 19, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
|---|---|---|
| Principal Permitted Use | ||
| Coastal-Dependent Commercial Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential Caretaker’s Residence |
|
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Visitor Serving Facilities Transient Habitation Commercial Recreation Recreational Vehicle Park |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management |
|
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
| --- | --- | --- |
| Wetland Restoration BoatingFacilities Improvements |
||
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CRD Zone. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-24(A-C, amended by Ord. 2167, Sec. 20, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. |
313-5.3 CRD: Coastal-Dependent Commercial Recreation Development Standards Nonresidential Detached, Multiple/Group.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-24(A-C)
| 313-5.4 | NR: Natural Resources | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Natural Resource Use Types | Fish and Wildlife Habitat Management | |
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence (allowed only within Humboldt Bay Coastal sand dune areas only) |
|
| Civic Use Types | Minor Utilities Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Industrial Use Types * |
Aquaculture; subject to the Coastal- Dependent Industrial Regulations |
|
| Extractive Use Types | Surface Mining - 3; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Watershed Management Wetland Management Boating Facilities Improvements Resource-Related Recreation Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the NR Zone. |
|
| Development Standards | ||
| 313-5.4 | NR: Natural Resources | |
| --- | --- | --- |
| Minimum Lot Size | Determined during subdivision approval process and in conformance with this zone and the General Plan. |
|
| Minimum Lot Width | Determined during subdivision approval process and in conformance with this zone and the General Plan. |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Side | Five feet(5'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Ancillary Residential or Manufactured Home (only one unit per lot). Nonresidential Detached, Multiple/Group. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-32(A-C)) (Ord. 2717, § 10, 6/27/2023) Your Selections
View Full Table
View Full Image
View Full File
×
Go to Top Go to Bottom Share/Save Close
Save, Share, Bookmark or Print History of This Subsection Skip to main content Loading…
Home Contents
Track
Legislative History Share This Page Your Selections Settings Help
Search Within This
This section is included in your selections.
| 313-5.1 | PR: Public Recreation | |
|---|---|---|
| Principal Permitted Use | ||
| Public Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Essential Services Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Minor Generation and Distribution Facilities Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Visitor Serving Facilities Commercial Recreation Coastal-Dependent Recreation Recreational Vehicle Park |
|
| Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation BoatingFacilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PR Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| 313-5.1 | PR: Public Recreation | |
| --- | --- | --- |
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(15'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum | Ground Coverage | Thirty-fivepercent(35%). |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-20(A)); amended by Ord. 2167, Sec. 17, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-5.2 | CR: Commercial Recreation | |
|---|---|---|
| Principal Permitted Use | ||
| Commercial Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential Junior Accessory Dwelling Unit Caretaker’s Residence |
|
| 313-5.2 | CR: Commercial Recreation | |
| --- | --- | --- |
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Recreational Vehicle Park | |
| Commercial Timber Use Types | Timber Production | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration BoatingFacilities Improvements |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CR Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the |
|
| 313-5.2 | CR: Commercial Recreation | |
| --- | --- | --- |
| minimum yard that is required for a vehicular turnaround on the lot. |
||
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-23(A-C); amended by Ord. 2167, Sec. 19, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
|---|---|---|
| Principal Permitted Use | ||
| Coastal-Dependent Commercial Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential Caretaker’s Residence |
|
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Visitor Serving Facilities Transient Habitation Commercial Recreation Recreational Vehicle Park |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management |
|
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
| --- | --- | --- |
| Wetland Restoration BoatingFacilities Improvements |
||
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CRD Zone. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-24(A-C, amended by Ord. 2167, Sec. 20, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. |
313-5.3 CRD: Coastal-Dependent Commercial Recreation Development Standards Nonresidential Detached, Multiple/Group.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-24(A-C)
| 313-5.4 | NR: Natural Resources | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Natural Resource Use Types | Fish and Wildlife Habitat Management | |
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence (allowed only within Humboldt Bay Coastal sand dune areas only) |
|
| Civic Use Types | Minor Utilities Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Industrial Use Types * |
Aquaculture; subject to the Coastal- Dependent Industrial Regulations |
|
| Extractive Use Types | Surface Mining - 3; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Watershed Management Wetland Management Boating Facilities Improvements Resource-Related Recreation Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the NR Zone. |
|
| Development Standards | ||
| 313-5.4 | NR: Natural Resources | |
| --- | --- | --- |
| Minimum Lot Size | Determined during subdivision approval process and in conformance with this zone and the General Plan. |
|
| Minimum Lot Width | Determined during subdivision approval process and in conformance with this zone and the General Plan. |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Side | Five feet(5'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Ancillary Residential or Manufactured Home (only one unit per lot). Nonresidential Detached, Multiple/Group. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-32(A-C)) (Ord. 2717, § 10, 6/27/2023) Your Selections
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| 313-5.1 | PR: Public Recreation | |
|---|---|---|
| Principal Permitted Use | ||
| Public Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Essential Services Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Minor Generation and Distribution Facilities Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Visitor Serving Facilities Commercial Recreation Coastal-Dependent Recreation Recreational Vehicle Park |
|
| Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation BoatingFacilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PR Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| 313-5.1 | PR: Public Recreation | |
| --- | --- | --- |
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(15'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum | Ground Coverage | Thirty-fivepercent(35%). |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-20(A)); amended by Ord. 2167, Sec. 17, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-5.2 | CR: Commercial Recreation | |
|---|---|---|
| Principal Permitted Use | ||
| Commercial Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential Junior Accessory Dwelling Unit Caretaker’s Residence |
|
| 313-5.2 | CR: Commercial Recreation | |
| --- | --- | --- |
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Recreational Vehicle Park | |
| Commercial Timber Use Types | Timber Production | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration BoatingFacilities Improvements |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CR Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the |
|
| 313-5.2 | CR: Commercial Recreation | |
| --- | --- | --- |
| minimum yard that is required for a vehicular turnaround on the lot. |
||
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. Nonresidential Detached, Multiple/Group. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-23(A-C); amended by Ord. 2167, Sec. 19, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
|---|---|---|
| Principal Permitted Use | ||
| Coastal-Dependent Commercial Recreation Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential Caretaker’s Residence |
|
| Civic Use Types | Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Visitor Serving Facilities Transient Habitation Commercial Recreation Recreational Vehicle Park |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management |
|
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
| --- | --- | --- |
| Wetland Restoration BoatingFacilities Improvements |
||
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CRD Zone. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-24(A-C, amended by Ord. 2167, Sec. 20, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-5.3 | CRD: Coastal-Dependent Commercial Recreation |
|
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Ancillary Residential; Manufactured Home. Limited Mixed Residential - Nonresidential. |
313-5.3 CRD: Coastal-Dependent Commercial Recreation Development Standards Nonresidential Detached, Multiple/Group.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-24(A-C)
| 313-5.4 | NR: Natural Resources | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Natural Resource Use Types | Fish and Wildlife Habitat Management | |
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence (allowed only within Humboldt Bay Coastal sand dune areas only) |
|
| Civic Use Types | Minor Utilities Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Industrial Use Types * |
Aquaculture; subject to the Coastal- Dependent Industrial Regulations |
|
| Extractive Use Types | Surface Mining - 3; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Watershed Management Wetland Management Boating Facilities Improvements Resource-Related Recreation Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the NR Zone. |
|
| Development Standards | ||
| 313-5.4 | NR: Natural Resources | |
| --- | --- | --- |
| Minimum Lot Size | Determined during subdivision approval process and in conformance with this zone and the General Plan. |
|
| Minimum Lot Width | Determined during subdivision approval process and in conformance with this zone and the General Plan. |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Side | Five feet(5'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Ancillary Residential or Manufactured Home (only one unit per lot). Nonresidential Detached, Multiple/Group. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-32(A-C)) (Ord. 2717, § 10, 6/27/2023) Your Selections
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| 313-6.1 | RS: Residential Single Family | |
|---|---|---|
| Principal Permitted Use | ||
| Residential Single Family Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Manufactured Home Park; subject to the Manufactured Home Park Regulations Guest House |
|
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Institution Private Recreation |
|
| Commercial Timber Use Type | Timber Production | |
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and |
|
| --- | --- | --- |
| 313-6.1 | RS: Residential Single Family | |
| compatible with the uses permitted in the RS Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-16(A-C); amended by Ord. 1853, 12/20/88; amended by Ord. 2167, Sec. 13, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-6.1 | RS: Residential Single Family | RS: Residential Single Family | |
|---|---|---|---|
| Development Standards | |||
| Minimum Lot Size and Minimum Lot Width | |||
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| RS-5 | 5,000 sq. ft. | 50 feet | |
| RS-7.5 | 7,500 sq. ft. | 60 feet | |
| RS-10 | 10,000 sq. ft. | 60 feet | |
| RS-20 | 20,000 sq. ft. | 75feet | |
| RS-40 | 40,000 sq. ft. | 150 feet | |
| Maximum Lot Depth | Three(3)times the lot width. | ||
| Maximum Density | One (1) dwelling unit (1du) per lawfully created lot plus one (1) accessory dwelling unit, or one (1) accessory dwelling unit and one (1) junior accessory dwelling unit as described in subsection 313-69.05.3.8.Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located. In a manufactured home park, one (1) dwelling unit per manufactured home lot is permitted up to the maximum density allowed bythe General Plan. |
||
| Note 1: Notwithstanding the otherwise applicable density provisions of the Coastal Zoning Regulations the 4.8-acre area zoned RS on APN 517-121-010 may accommodate the relocation of existing residential development on the adjacent 28-acre lot (APN 517-131-009) away from geologically hazardous areas, if all of the following conditions are met: (1) the relocation of existing structures from APN 517- 131-009 to APN 517-121-010 will result in no increase in development potential of the combined property comprising APNs 517-131- 009, 517-121-010, and 517-131-011, (2) the commonly owned property comprising these three APNs are either (a) legally merged, or (b) treated as one (1) parcel under a legally binding agreement required to be executed and |
|||
| 313-6.1 | RS: Residential Single Family | ||
| --- | --- | --- | |
| Development Standards | |||
| recorded pursuant to a valid coastal development permit authorizing the relocation of the existing residential development, (3) the property comprising APN 517-121-010 is capable of being developed with relocated existing residential development consistent with all applicable policies and standards of the certified LCP, and (4) the relocation of the existing residential development shall be sited and designed such that it assures stability and structural integrity and at no time engenders the need for the construction of a shoreline protection device that would substantially alter natural landforms alongbluffs and cliffs. |
|||
| Minimum Yard Setbacks ******* |
|||
| Front | Twentyfeet(20'). | ||
| Rear | Ten feet(10'). | ||
| Interior Side | Five feet(5'). | ||
| Exterior Side | Same as front or one-half (½) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'); except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley. |
||
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Maximum Ground Coverage |
Thirty-five percent (35%). | ||
| Maximum Structure Height |
Thirty-five feet (35'). | ||
| 313-6.1 | RS: Residential Single Family | ||
| --- | --- | --- | |
| Development Standards | |||
| Permitted Main Building Types |
Residential Single Detached; Ancillary Residential; Manufactured Homes in Manufactured Home Parks. Limited Mixed Residential-Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-16(A-C); amended by Ord. 1853, 12/20/88; amended by Ordinance 2543, Sec. 1, 01/19/2016)
| 313-6.2 | RM: Residential Multi-Family | |
|---|---|---|
| Principal Permitted Use | ||
| Residential Multifamily Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements. Manufactured Home Parks; subject to the Manufactured Home Park Regulations |
|
| Civic Use Types | Essential Services Community Assembly Non-Assembly Cultural Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Transient Habitation Private Recreation |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Neighborhood Commercial Office and Professional Service Private Institution |
||
| Commercial Timber Use Type | Timber Production | |
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RM Zone. |
|
| Development Standards | ||
| Minimum Lot Size | Five thousand(5,000)square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | The maximum density as specified on the adopted zoning maps. A minimum of one dwelling unit (1du) per lawfully created lot is permitted, even if the specified maximum dwelling unit density is exceeded, if it meets all other development standards. The maximum density shall be calculated as the total number of dwelling units divided by the total area within the lot and within one- half(1/2)of anyadjacent street. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-14(A-C); amended by Ord. 2167, Sec. 13, 4/7/98 ; amended by Ord. 2367A, 7/25/06)
| 313-6.2 | RM: Residential Multi-Family | |
|---|---|---|
| Development Standards | ||
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (½) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Development Standards | ||
| not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Minimum Setbacks Between Detached Multiple Unit Dwellings |
On building sites containing more than one (1) main detached multiple unit residential building, the following required distances between such buildings apply: |
|
| Minimum distance between buildings: |
Ten feet (10'). | |
| Minimum distance between the front of any dwelling unit in a building and any other building on- site: |
Twenty feet (20'). | |
| Minimum distance between the front of any dwelling unit and any side lot line: |
Twelve feet (12'). | |
| Minimum distance between buildings exceeding two (2) stories: |
Two foot (2') increase, over setbacks specified in this section, for each additional story. |
|
| Maximum Ground Coverage | SixtyPercent(60%). | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Single Detached (only one dwelling per lot), Manufactured homes in manufactured home parks. |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Development Standards | ||
| Duplex, Multiple dwellings, and Multiple/Group. Limited Mixed Residential- Nonresidential. Nonresidential Detached, or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-14(A-C))
| 313-6.3 | R2: Mixed Residential | |
|---|---|---|
| Principal Permitted Use | ||
| Mixed Residential Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Manufactured Home Park; subject to the Manufactured Home Park Regulations Guest House |
|
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Institution Private Recreation |
|
| Commercial Timber Use Type | Timber Production | |
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| 313-6.3 | R2: Mixed Residential | |
| --- | --- | --- |
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R2 Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-15(A)(1-2); amended by Ord. 1853, 12/20/88; amended by Ord. 1875, Sec. 2, 9/26/89 amended by Ord. 2167, Sec. 16, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-6.3 | R2: MIXED RESIDENTIAL | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Five thousand(5,000)square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
|
| 313-6.3 | R2: MIXED RESIDENTIAL | |
| --- | --- | --- |
| Development Standards | ||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Thirty-fivepercent(35%). | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Residential Single Detached; Manufactured Homes in Manufactured Home Parks; Ancillary Residential. Only one (1) dwelling per lot or manufactured home per lot except for an accessory dwelling unit (see Accessory Dwelling Unit in Section 313-69.05). Duplex. Limited Mixed Residential- Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-15(A)(1-2); amended by Ord. 1853, 12/20/88; amended by Ord. 1875, Sec. 2, 9/26/89)
| 313-6.4 | RA: Rural Residential Agriculture | |
|---|---|---|
| Principal Permitted Use | ||
| Rural Residential Agriculture Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Solid Waste Disposal; subject to the Solid Waste Disposal Regulations |
|
| 313-6.4 | RA: Rural Residential Agriculture | |
| --- | --- | --- |
| Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
||
| Commercial Use Types | Neighborhood Commercial Private Recreation |
|
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Stables and Kennels Intensive Agriculture |
|
| Commercial Timber Use Type | Timber Production | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-17(A-C); amended by Ord. 1853, 12/20/88, amended by Ord. 2167, Sec. 16, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-6.4 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE | |
|---|---|---|---|
| Development Standards | |||
| Minimum | Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| RA -1 | 1.0 acres | 150 feet | |
| RA -2 | 2.0 acres | 175feet | |
| RA -2.5 | 2.5acres | 175feet | |
| RA -5 | 5.0 acres | 250 feet | |
| RA -10 | 10.0 acres | 350 feet | |
| 313-6.4 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE | |
| --- | --- | --- | --- |
| Development Standards | |||
| RA -20 | 20.0 acres | 475feet | |
| RA -40 | 40.0 acres | 750 feet | |
| Maximum Lot Depth | Four(4)times the lot width. | ||
| Maximum Density | One (1) dwelling unit (1du) per lawfully created lot plus one (1) accessory dwelling unit. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located. |
||
| Minimum Yard Setbacks ******* |
Minimum Lot Size Less Than 2.5 Acres |
Minimum Lot Size 2.5 Acres or Greater |
|
| Front | Twenty feet (20') | Twenty feet (20'); Thirty feet(30')for flaglots |
|
| Rear | Ten feet(10') | Thirtyfeet(30') | |
| Interior Side | Five feet(5') | Thirtyfeet(30') | |
| Exterior Side | Twentyfeet(20') | Twentyfeet(20') | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%) | ||
| Maximum Structure Height |
Thirty-five feet (35'). | ||
| Permitted Main Building Types |
Residential Single Detached Ancillary Residential Limited Mixed Residential - Nonresidential Nonresidential Detached or Multiple/Group |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-17(A-C); amended by Ord. 1853, 12/20/88) (Ord. 2717, § 11, 6/27/2023; Ord. 2733, § 7, 3/5/2024) Your Selections
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| 313-6.1 | RS: Residential Single Family | |
|---|---|---|
| Principal Permitted Use | ||
| Residential Single Family Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Manufactured Home Park; subject to the Manufactured Home Park Regulations Guest House |
|
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Institution Private Recreation |
|
| Commercial Timber Use Type | Timber Production | |
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and |
|
| --- | --- | --- |
| 313-6.1 | RS: Residential Single Family | |
| compatible with the uses permitted in the RS Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-16(A-C); amended by Ord. 1853, 12/20/88; amended by Ord. 2167, Sec. 13, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-6.1 | RS: Residential Single Family | RS: Residential Single Family | |
|---|---|---|---|
| Development Standards | |||
| Minimum Lot Size and Minimum Lot Width | |||
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| RS-5 | 5,000 sq. ft. | 50 feet | |
| RS-7.5 | 7,500 sq. ft. | 60 feet | |
| RS-10 | 10,000 sq. ft. | 60 feet | |
| RS-20 | 20,000 sq. ft. | 75feet | |
| RS-40 | 40,000 sq. ft. | 150 feet | |
| Maximum Lot Depth | Three(3)times the lot width. | ||
| Maximum Density | One (1) dwelling unit (1du) per lawfully created lot plus one (1) accessory dwelling unit, or one (1) accessory dwelling unit and one (1) junior accessory dwelling unit as described in subsection 313-69.05.3.8.Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located. In a manufactured home park, one (1) dwelling unit per manufactured home lot is permitted up to the maximum density allowed bythe General Plan. |
||
| Note 1: Notwithstanding the otherwise applicable density provisions of the Coastal Zoning Regulations the 4.8-acre area zoned RS on APN 517-121-010 may accommodate the relocation of existing residential development on the adjacent 28-acre lot (APN 517-131-009) away from geologically hazardous areas, if all of the following conditions are met: (1) the relocation of existing structures from APN 517- 131-009 to APN 517-121-010 will result in no increase in development potential of the combined property comprising APNs 517-131- 009, 517-121-010, and 517-131-011, (2) the commonly owned property comprising these three APNs are either (a) legally merged, or (b) treated as one (1) parcel under a legally binding agreement required to be executed and |
|||
| 313-6.1 | RS: Residential Single Family | ||
| --- | --- | --- | |
| Development Standards | |||
| recorded pursuant to a valid coastal development permit authorizing the relocation of the existing residential development, (3) the property comprising APN 517-121-010 is capable of being developed with relocated existing residential development consistent with all applicable policies and standards of the certified LCP, and (4) the relocation of the existing residential development shall be sited and designed such that it assures stability and structural integrity and at no time engenders the need for the construction of a shoreline protection device that would substantially alter natural landforms alongbluffs and cliffs. |
|||
| Minimum Yard Setbacks ******* |
|||
| Front | Twentyfeet(20'). | ||
| Rear | Ten feet(10'). | ||
| Interior Side | Five feet(5'). | ||
| Exterior Side | Same as front or one-half (½) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'); except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley. |
||
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Maximum Ground Coverage |
Thirty-five percent (35%). | ||
| Maximum Structure Height |
Thirty-five feet (35'). | ||
| 313-6.1 | RS: Residential Single Family | ||
| --- | --- | --- | |
| Development Standards | |||
| Permitted Main Building Types |
Residential Single Detached; Ancillary Residential; Manufactured Homes in Manufactured Home Parks. Limited Mixed Residential-Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-16(A-C); amended by Ord. 1853, 12/20/88; amended by Ordinance 2543, Sec. 1, 01/19/2016)
| 313-6.2 | RM: Residential Multi-Family | |
|---|---|---|
| Principal Permitted Use | ||
| Residential Multifamily Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements. Manufactured Home Parks; subject to the Manufactured Home Park Regulations |
|
| Civic Use Types | Essential Services Community Assembly Non-Assembly Cultural Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Transient Habitation Private Recreation |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Neighborhood Commercial Office and Professional Service Private Institution |
||
| Commercial Timber Use Type | Timber Production | |
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RM Zone. |
|
| Development Standards | ||
| Minimum Lot Size | Five thousand(5,000)square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | The maximum density as specified on the adopted zoning maps. A minimum of one dwelling unit (1du) per lawfully created lot is permitted, even if the specified maximum dwelling unit density is exceeded, if it meets all other development standards. The maximum density shall be calculated as the total number of dwelling units divided by the total area within the lot and within one- half(1/2)of anyadjacent street. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-14(A-C); amended by Ord. 2167, Sec. 13, 4/7/98 ; amended by Ord. 2367A, 7/25/06)
| 313-6.2 | RM: Residential Multi-Family | |
|---|---|---|
| Development Standards | ||
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (½) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Development Standards | ||
| not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Minimum Setbacks Between Detached Multiple Unit Dwellings |
On building sites containing more than one (1) main detached multiple unit residential building, the following required distances between such buildings apply: |
|
| Minimum distance between buildings: |
Ten feet (10'). | |
| Minimum distance between the front of any dwelling unit in a building and any other building on- site: |
Twenty feet (20'). | |
| Minimum distance between the front of any dwelling unit and any side lot line: |
Twelve feet (12'). | |
| Minimum distance between buildings exceeding two (2) stories: |
Two foot (2') increase, over setbacks specified in this section, for each additional story. |
|
| Maximum Ground Coverage | SixtyPercent(60%). | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Single Detached (only one dwelling per lot), Manufactured homes in manufactured home parks. |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Development Standards | ||
| Duplex, Multiple dwellings, and Multiple/Group. Limited Mixed Residential- Nonresidential. Nonresidential Detached, or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-14(A-C))
| 313-6.3 | R2: Mixed Residential | |
|---|---|---|
| Principal Permitted Use | ||
| Mixed Residential Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Manufactured Home Park; subject to the Manufactured Home Park Regulations Guest House |
|
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Institution Private Recreation |
|
| Commercial Timber Use Type | Timber Production | |
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| 313-6.3 | R2: Mixed Residential | |
| --- | --- | --- |
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R2 Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-15(A)(1-2); amended by Ord. 1853, 12/20/88; amended by Ord. 1875, Sec. 2, 9/26/89 amended by Ord. 2167, Sec. 16, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-6.3 | R2: MIXED RESIDENTIAL | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Five thousand(5,000)square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
|
| 313-6.3 | R2: MIXED RESIDENTIAL | |
| --- | --- | --- |
| Development Standards | ||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Thirty-fivepercent(35%). | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Residential Single Detached; Manufactured Homes in Manufactured Home Parks; Ancillary Residential. Only one (1) dwelling per lot or manufactured home per lot except for an accessory dwelling unit (see Accessory Dwelling Unit in Section 313-69.05). Duplex. Limited Mixed Residential- Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-15(A)(1-2); amended by Ord. 1853, 12/20/88; amended by Ord. 1875, Sec. 2, 9/26/89)
| 313-6.4 | RA: Rural Residential Agriculture | |
|---|---|---|
| Principal Permitted Use | ||
| Rural Residential Agriculture Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Solid Waste Disposal; subject to the Solid Waste Disposal Regulations |
|
| 313-6.4 | RA: Rural Residential Agriculture | |
| --- | --- | --- |
| Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
||
| Commercial Use Types | Neighborhood Commercial Private Recreation |
|
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Stables and Kennels Intensive Agriculture |
|
| Commercial Timber Use Type | Timber Production | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-17(A-C); amended by Ord. 1853, 12/20/88, amended by Ord. 2167, Sec. 16, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-6.4 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE | |
|---|---|---|---|
| Development Standards | |||
| Minimum | Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| RA -1 | 1.0 acres | 150 feet | |
| RA -2 | 2.0 acres | 175feet | |
| RA -2.5 | 2.5acres | 175feet | |
| RA -5 | 5.0 acres | 250 feet | |
| RA -10 | 10.0 acres | 350 feet | |
| 313-6.4 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE | |
| --- | --- | --- | --- |
| Development Standards | |||
| RA -20 | 20.0 acres | 475feet | |
| RA -40 | 40.0 acres | 750 feet | |
| Maximum Lot Depth | Four(4)times the lot width. | ||
| Maximum Density | One (1) dwelling unit (1du) per lawfully created lot plus one (1) accessory dwelling unit. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located. |
||
| Minimum Yard Setbacks ******* |
Minimum Lot Size Less Than 2.5 Acres |
Minimum Lot Size 2.5 Acres or Greater |
|
| Front | Twenty feet (20') | Twenty feet (20'); Thirty feet(30')for flaglots |
|
| Rear | Ten feet(10') | Thirtyfeet(30') | |
| Interior Side | Five feet(5') | Thirtyfeet(30') | |
| Exterior Side | Twentyfeet(20') | Twentyfeet(20') | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%) | ||
| Maximum Structure Height |
Thirty-five feet (35'). | ||
| Permitted Main Building Types |
Residential Single Detached Ancillary Residential Limited Mixed Residential - Nonresidential Nonresidential Detached or Multiple/Group |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-17(A-C); amended by Ord. 1853, 12/20/88) (Ord. 2717, § 11, 6/27/2023; Ord. 2733, § 7, 3/5/2024) Your Selections
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View Full File
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Search Within This
This section is included in your selections.
| 313-6.1 | RS: Residential Single Family | |
|---|---|---|
| Principal Permitted Use | ||
| Residential Single Family Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Manufactured Home Park; subject to the Manufactured Home Park Regulations Guest House |
|
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Institution Private Recreation |
|
| Commercial Timber Use Type | Timber Production | |
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and |
|
| --- | --- | --- |
| 313-6.1 | RS: Residential Single Family | |
| compatible with the uses permitted in the RS Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-16(A-C); amended by Ord. 1853, 12/20/88; amended by Ord. 2167, Sec. 13, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-6.1 | RS: Residential Single Family | RS: Residential Single Family | |
|---|---|---|---|
| Development Standards | |||
| Minimum Lot Size and Minimum Lot Width | |||
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| RS-5 | 5,000 sq. ft. | 50 feet | |
| RS-7.5 | 7,500 sq. ft. | 60 feet | |
| RS-10 | 10,000 sq. ft. | 60 feet | |
| RS-20 | 20,000 sq. ft. | 75feet | |
| RS-40 | 40,000 sq. ft. | 150 feet | |
| Maximum Lot Depth | Three(3)times the lot width. | ||
| Maximum Density | One (1) dwelling unit (1du) per lawfully created lot plus one (1) accessory dwelling unit, or one (1) accessory dwelling unit and one (1) junior accessory dwelling unit as described in subsection 313-69.05.3.8.Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located. In a manufactured home park, one (1) dwelling unit per manufactured home lot is permitted up to the maximum density allowed bythe General Plan. |
||
| Note 1: Notwithstanding the otherwise applicable density provisions of the Coastal Zoning Regulations the 4.8-acre area zoned RS on APN 517-121-010 may accommodate the relocation of existing residential development on the adjacent 28-acre lot (APN 517-131-009) away from geologically hazardous areas, if all of the following conditions are met: (1) the relocation of existing structures from APN 517- 131-009 to APN 517-121-010 will result in no increase in development potential of the combined property comprising APNs 517-131- 009, 517-121-010, and 517-131-011, (2) the commonly owned property comprising these three APNs are either (a) legally merged, or (b) treated as one (1) parcel under a legally binding agreement required to be executed and |
|||
| 313-6.1 | RS: Residential Single Family | ||
| --- | --- | --- | |
| Development Standards | |||
| recorded pursuant to a valid coastal development permit authorizing the relocation of the existing residential development, (3) the property comprising APN 517-121-010 is capable of being developed with relocated existing residential development consistent with all applicable policies and standards of the certified LCP, and (4) the relocation of the existing residential development shall be sited and designed such that it assures stability and structural integrity and at no time engenders the need for the construction of a shoreline protection device that would substantially alter natural landforms alongbluffs and cliffs. |
|||
| Minimum Yard Setbacks ******* |
|||
| Front | Twentyfeet(20'). | ||
| Rear | Ten feet(10'). | ||
| Interior Side | Five feet(5'). | ||
| Exterior Side | Same as front or one-half (½) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'); except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley. |
||
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Maximum Ground Coverage |
Thirty-five percent (35%). | ||
| Maximum Structure Height |
Thirty-five feet (35'). | ||
| 313-6.1 | RS: Residential Single Family | ||
| --- | --- | --- | |
| Development Standards | |||
| Permitted Main Building Types |
Residential Single Detached; Ancillary Residential; Manufactured Homes in Manufactured Home Parks. Limited Mixed Residential-Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-16(A-C); amended by Ord. 1853, 12/20/88; amended by Ordinance 2543, Sec. 1, 01/19/2016)
| 313-6.2 | RM: Residential Multi-Family | |
|---|---|---|
| Principal Permitted Use | ||
| Residential Multifamily Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements. Manufactured Home Parks; subject to the Manufactured Home Park Regulations |
|
| Civic Use Types | Essential Services Community Assembly Non-Assembly Cultural Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Transient Habitation Private Recreation |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Neighborhood Commercial Office and Professional Service Private Institution |
||
| Commercial Timber Use Type | Timber Production | |
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RM Zone. |
|
| Development Standards | ||
| Minimum Lot Size | Five thousand(5,000)square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | The maximum density as specified on the adopted zoning maps. A minimum of one dwelling unit (1du) per lawfully created lot is permitted, even if the specified maximum dwelling unit density is exceeded, if it meets all other development standards. The maximum density shall be calculated as the total number of dwelling units divided by the total area within the lot and within one- half(1/2)of anyadjacent street. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-14(A-C); amended by Ord. 2167, Sec. 13, 4/7/98 ; amended by Ord. 2367A, 7/25/06)
| 313-6.2 | RM: Residential Multi-Family | |
|---|---|---|
| Development Standards | ||
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (½) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Development Standards | ||
| not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Minimum Setbacks Between Detached Multiple Unit Dwellings |
On building sites containing more than one (1) main detached multiple unit residential building, the following required distances between such buildings apply: |
|
| Minimum distance between buildings: |
Ten feet (10'). | |
| Minimum distance between the front of any dwelling unit in a building and any other building on- site: |
Twenty feet (20'). | |
| Minimum distance between the front of any dwelling unit and any side lot line: |
Twelve feet (12'). | |
| Minimum distance between buildings exceeding two (2) stories: |
Two foot (2') increase, over setbacks specified in this section, for each additional story. |
|
| Maximum Ground Coverage | SixtyPercent(60%). | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Single Detached (only one dwelling per lot), Manufactured homes in manufactured home parks. |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Development Standards | ||
| Duplex, Multiple dwellings, and Multiple/Group. Limited Mixed Residential- Nonresidential. Nonresidential Detached, or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-14(A-C))
| 313-6.3 | R2: Mixed Residential | |
|---|---|---|
| Principal Permitted Use | ||
| Mixed Residential Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Manufactured Home Park; subject to the Manufactured Home Park Regulations Guest House |
|
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Institution Private Recreation |
|
| Commercial Timber Use Type | Timber Production | |
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| 313-6.3 | R2: Mixed Residential | |
| --- | --- | --- |
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R2 Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-15(A)(1-2); amended by Ord. 1853, 12/20/88; amended by Ord. 1875, Sec. 2, 9/26/89 amended by Ord. 2167, Sec. 16, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-6.3 | R2: MIXED RESIDENTIAL | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Five thousand(5,000)square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
|
| 313-6.3 | R2: MIXED RESIDENTIAL | |
| --- | --- | --- |
| Development Standards | ||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Thirty-fivepercent(35%). | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Residential Single Detached; Manufactured Homes in Manufactured Home Parks; Ancillary Residential. Only one (1) dwelling per lot or manufactured home per lot except for an accessory dwelling unit (see Accessory Dwelling Unit in Section 313-69.05). Duplex. Limited Mixed Residential- Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-15(A)(1-2); amended by Ord. 1853, 12/20/88; amended by Ord. 1875, Sec. 2, 9/26/89)
| 313-6.4 | RA: Rural Residential Agriculture | |
|---|---|---|
| Principal Permitted Use | ||
| Rural Residential Agriculture Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Solid Waste Disposal; subject to the Solid Waste Disposal Regulations |
|
| 313-6.4 | RA: Rural Residential Agriculture | |
| --- | --- | --- |
| Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
||
| Commercial Use Types | Neighborhood Commercial Private Recreation |
|
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Stables and Kennels Intensive Agriculture |
|
| Commercial Timber Use Type | Timber Production | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-17(A-C); amended by Ord. 1853, 12/20/88, amended by Ord. 2167, Sec. 16, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-6.4 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE | |
|---|---|---|---|
| Development Standards | |||
| Minimum | Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| RA -1 | 1.0 acres | 150 feet | |
| RA -2 | 2.0 acres | 175feet | |
| RA -2.5 | 2.5acres | 175feet | |
| RA -5 | 5.0 acres | 250 feet | |
| RA -10 | 10.0 acres | 350 feet | |
| 313-6.4 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE | |
| --- | --- | --- | --- |
| Development Standards | |||
| RA -20 | 20.0 acres | 475feet | |
| RA -40 | 40.0 acres | 750 feet | |
| Maximum Lot Depth | Four(4)times the lot width. | ||
| Maximum Density | One (1) dwelling unit (1du) per lawfully created lot plus one (1) accessory dwelling unit. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located. |
||
| Minimum Yard Setbacks ******* |
Minimum Lot Size Less Than 2.5 Acres |
Minimum Lot Size 2.5 Acres or Greater |
|
| Front | Twenty feet (20') | Twenty feet (20'); Thirty feet(30')for flaglots |
|
| Rear | Ten feet(10') | Thirtyfeet(30') | |
| Interior Side | Five feet(5') | Thirtyfeet(30') | |
| Exterior Side | Twentyfeet(20') | Twentyfeet(20') | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%) | ||
| Maximum Structure Height |
Thirty-five feet (35'). | ||
| Permitted Main Building Types |
Residential Single Detached Ancillary Residential Limited Mixed Residential - Nonresidential Nonresidential Detached or Multiple/Group |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-17(A-C); amended by Ord. 1853, 12/20/88) (Ord. 2717, § 11, 6/27/2023; Ord. 2733, § 7, 3/5/2024) Your Selections
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| 313-6.1 | RS: Residential Single Family | |
|---|---|---|
| Principal Permitted Use | ||
| Residential Single Family Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Manufactured Home Park; subject to the Manufactured Home Park Regulations Guest House |
|
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Institution Private Recreation |
|
| Commercial Timber Use Type | Timber Production | |
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and |
|
| --- | --- | --- |
| 313-6.1 | RS: Residential Single Family | |
| compatible with the uses permitted in the RS Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-16(A-C); amended by Ord. 1853, 12/20/88; amended by Ord. 2167, Sec. 13, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-6.1 | RS: Residential Single Family | RS: Residential Single Family | |
|---|---|---|---|
| Development Standards | |||
| Minimum Lot Size and Minimum Lot Width | |||
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| RS-5 | 5,000 sq. ft. | 50 feet | |
| RS-7.5 | 7,500 sq. ft. | 60 feet | |
| RS-10 | 10,000 sq. ft. | 60 feet | |
| RS-20 | 20,000 sq. ft. | 75feet | |
| RS-40 | 40,000 sq. ft. | 150 feet | |
| Maximum Lot Depth | Three(3)times the lot width. | ||
| Maximum Density | One (1) dwelling unit (1du) per lawfully created lot plus one (1) accessory dwelling unit, or one (1) accessory dwelling unit and one (1) junior accessory dwelling unit as described in subsection 313-69.05.3.8.Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located. In a manufactured home park, one (1) dwelling unit per manufactured home lot is permitted up to the maximum density allowed bythe General Plan. |
||
| Note 1: Notwithstanding the otherwise applicable density provisions of the Coastal Zoning Regulations the 4.8-acre area zoned RS on APN 517-121-010 may accommodate the relocation of existing residential development on the adjacent 28-acre lot (APN 517-131-009) away from geologically hazardous areas, if all of the following conditions are met: (1) the relocation of existing structures from APN 517- 131-009 to APN 517-121-010 will result in no increase in development potential of the combined property comprising APNs 517-131- 009, 517-121-010, and 517-131-011, (2) the commonly owned property comprising these three APNs are either (a) legally merged, or (b) treated as one (1) parcel under a legally binding agreement required to be executed and |
|||
| 313-6.1 | RS: Residential Single Family | ||
| --- | --- | --- | |
| Development Standards | |||
| recorded pursuant to a valid coastal development permit authorizing the relocation of the existing residential development, (3) the property comprising APN 517-121-010 is capable of being developed with relocated existing residential development consistent with all applicable policies and standards of the certified LCP, and (4) the relocation of the existing residential development shall be sited and designed such that it assures stability and structural integrity and at no time engenders the need for the construction of a shoreline protection device that would substantially alter natural landforms alongbluffs and cliffs. |
|||
| Minimum Yard Setbacks ******* |
|||
| Front | Twentyfeet(20'). | ||
| Rear | Ten feet(10'). | ||
| Interior Side | Five feet(5'). | ||
| Exterior Side | Same as front or one-half (½) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'); except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley. |
||
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Maximum Ground Coverage |
Thirty-five percent (35%). | ||
| Maximum Structure Height |
Thirty-five feet (35'). | ||
| 313-6.1 | RS: Residential Single Family | ||
| --- | --- | --- | |
| Development Standards | |||
| Permitted Main Building Types |
Residential Single Detached; Ancillary Residential; Manufactured Homes in Manufactured Home Parks. Limited Mixed Residential-Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-16(A-C); amended by Ord. 1853, 12/20/88; amended by Ordinance 2543, Sec. 1, 01/19/2016)
| 313-6.2 | RM: Residential Multi-Family | |
|---|---|---|
| Principal Permitted Use | ||
| Residential Multifamily Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements. Manufactured Home Parks; subject to the Manufactured Home Park Regulations |
|
| Civic Use Types | Essential Services Community Assembly Non-Assembly Cultural Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Transient Habitation Private Recreation |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Neighborhood Commercial Office and Professional Service Private Institution |
||
| Commercial Timber Use Type | Timber Production | |
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RM Zone. |
|
| Development Standards | ||
| Minimum Lot Size | Five thousand(5,000)square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | The maximum density as specified on the adopted zoning maps. A minimum of one dwelling unit (1du) per lawfully created lot is permitted, even if the specified maximum dwelling unit density is exceeded, if it meets all other development standards. The maximum density shall be calculated as the total number of dwelling units divided by the total area within the lot and within one- half(1/2)of anyadjacent street. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-14(A-C); amended by Ord. 2167, Sec. 13, 4/7/98 ; amended by Ord. 2367A, 7/25/06)
| 313-6.2 | RM: Residential Multi-Family | |
|---|---|---|
| Development Standards | ||
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (½) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Development Standards | ||
| not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Minimum Setbacks Between Detached Multiple Unit Dwellings |
On building sites containing more than one (1) main detached multiple unit residential building, the following required distances between such buildings apply: |
|
| Minimum distance between buildings: |
Ten feet (10'). | |
| Minimum distance between the front of any dwelling unit in a building and any other building on- site: |
Twenty feet (20'). | |
| Minimum distance between the front of any dwelling unit and any side lot line: |
Twelve feet (12'). | |
| Minimum distance between buildings exceeding two (2) stories: |
Two foot (2') increase, over setbacks specified in this section, for each additional story. |
|
| Maximum Ground Coverage | SixtyPercent(60%). | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Single Detached (only one dwelling per lot), Manufactured homes in manufactured home parks. |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Development Standards | ||
| Duplex, Multiple dwellings, and Multiple/Group. Limited Mixed Residential- Nonresidential. Nonresidential Detached, or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-14(A-C))
| 313-6.3 | R2: Mixed Residential | |
|---|---|---|
| Principal Permitted Use | ||
| Mixed Residential Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Manufactured Home Park; subject to the Manufactured Home Park Regulations Guest House |
|
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Institution Private Recreation |
|
| Commercial Timber Use Type | Timber Production | |
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| 313-6.3 | R2: Mixed Residential | |
| --- | --- | --- |
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R2 Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-15(A)(1-2); amended by Ord. 1853, 12/20/88; amended by Ord. 1875, Sec. 2, 9/26/89 amended by Ord. 2167, Sec. 16, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-6.3 | R2: MIXED RESIDENTIAL | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Five thousand(5,000)square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
|
| 313-6.3 | R2: MIXED RESIDENTIAL | |
| --- | --- | --- |
| Development Standards | ||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Thirty-fivepercent(35%). | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Residential Single Detached; Manufactured Homes in Manufactured Home Parks; Ancillary Residential. Only one (1) dwelling per lot or manufactured home per lot except for an accessory dwelling unit (see Accessory Dwelling Unit in Section 313-69.05). Duplex. Limited Mixed Residential- Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-15(A)(1-2); amended by Ord. 1853, 12/20/88; amended by Ord. 1875, Sec. 2, 9/26/89)
| 313-6.4 | RA: Rural Residential Agriculture | |
|---|---|---|
| Principal Permitted Use | ||
| Rural Residential Agriculture Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Solid Waste Disposal; subject to the Solid Waste Disposal Regulations |
|
| 313-6.4 | RA: Rural Residential Agriculture | |
| --- | --- | --- |
| Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
||
| Commercial Use Types | Neighborhood Commercial Private Recreation |
|
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Stables and Kennels Intensive Agriculture |
|
| Commercial Timber Use Type | Timber Production | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-17(A-C); amended by Ord. 1853, 12/20/88, amended by Ord. 2167, Sec. 16, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-6.4 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE | |
|---|---|---|---|
| Development Standards | |||
| Minimum | Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| RA -1 | 1.0 acres | 150 feet | |
| RA -2 | 2.0 acres | 175feet | |
| RA -2.5 | 2.5acres | 175feet | |
| RA -5 | 5.0 acres | 250 feet | |
| RA -10 | 10.0 acres | 350 feet | |
| 313-6.4 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE | |
| --- | --- | --- | --- |
| Development Standards | |||
| RA -20 | 20.0 acres | 475feet | |
| RA -40 | 40.0 acres | 750 feet | |
| Maximum Lot Depth | Four(4)times the lot width. | ||
| Maximum Density | One (1) dwelling unit (1du) per lawfully created lot plus one (1) accessory dwelling unit. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located. |
||
| Minimum Yard Setbacks ******* |
Minimum Lot Size Less Than 2.5 Acres |
Minimum Lot Size 2.5 Acres or Greater |
|
| Front | Twenty feet (20') | Twenty feet (20'); Thirty feet(30')for flaglots |
|
| Rear | Ten feet(10') | Thirtyfeet(30') | |
| Interior Side | Five feet(5') | Thirtyfeet(30') | |
| Exterior Side | Twentyfeet(20') | Twentyfeet(20') | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%) | ||
| Maximum Structure Height |
Thirty-five feet (35'). | ||
| Permitted Main Building Types |
Residential Single Detached Ancillary Residential Limited Mixed Residential - Nonresidential Nonresidential Detached or Multiple/Group |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-17(A-C); amended by Ord. 1853, 12/20/88) (Ord. 2717, § 11, 6/27/2023; Ord. 2733, § 7, 3/5/2024) Your Selections
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| 313-6.1 | RS: Residential Single Family | |
|---|---|---|
| Principal Permitted Use | ||
| Residential Single Family Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Manufactured Home Park; subject to the Manufactured Home Park Regulations Guest House |
|
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Institution Private Recreation |
|
| Commercial Timber Use Type | Timber Production | |
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and |
|
| --- | --- | --- |
| 313-6.1 | RS: Residential Single Family | |
| compatible with the uses permitted in the RS Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-16(A-C); amended by Ord. 1853, 12/20/88; amended by Ord. 2167, Sec. 13, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-6.1 | RS: Residential Single Family | RS: Residential Single Family | |
|---|---|---|---|
| Development Standards | |||
| Minimum Lot Size and Minimum Lot Width | |||
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| RS-5 | 5,000 sq. ft. | 50 feet | |
| RS-7.5 | 7,500 sq. ft. | 60 feet | |
| RS-10 | 10,000 sq. ft. | 60 feet | |
| RS-20 | 20,000 sq. ft. | 75feet | |
| RS-40 | 40,000 sq. ft. | 150 feet | |
| Maximum Lot Depth | Three(3)times the lot width. | ||
| Maximum Density | One (1) dwelling unit (1du) per lawfully created lot plus one (1) accessory dwelling unit, or one (1) accessory dwelling unit and one (1) junior accessory dwelling unit as described in subsection 313-69.05.3.8.Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located. In a manufactured home park, one (1) dwelling unit per manufactured home lot is permitted up to the maximum density allowed bythe General Plan. |
||
| Note 1: Notwithstanding the otherwise applicable density provisions of the Coastal Zoning Regulations the 4.8-acre area zoned RS on APN 517-121-010 may accommodate the relocation of existing residential development on the adjacent 28-acre lot (APN 517-131-009) away from geologically hazardous areas, if all of the following conditions are met: (1) the relocation of existing structures from APN 517- 131-009 to APN 517-121-010 will result in no increase in development potential of the combined property comprising APNs 517-131- 009, 517-121-010, and 517-131-011, (2) the commonly owned property comprising these three APNs are either (a) legally merged, or (b) treated as one (1) parcel under a legally binding agreement required to be executed and |
|||
| 313-6.1 | RS: Residential Single Family | ||
| --- | --- | --- | |
| Development Standards | |||
| recorded pursuant to a valid coastal development permit authorizing the relocation of the existing residential development, (3) the property comprising APN 517-121-010 is capable of being developed with relocated existing residential development consistent with all applicable policies and standards of the certified LCP, and (4) the relocation of the existing residential development shall be sited and designed such that it assures stability and structural integrity and at no time engenders the need for the construction of a shoreline protection device that would substantially alter natural landforms alongbluffs and cliffs. |
|||
| Minimum Yard Setbacks ******* |
|||
| Front | Twentyfeet(20'). | ||
| Rear | Ten feet(10'). | ||
| Interior Side | Five feet(5'). | ||
| Exterior Side | Same as front or one-half (½) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'); except that the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley. |
||
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Maximum Ground Coverage |
Thirty-five percent (35%). | ||
| Maximum Structure Height |
Thirty-five feet (35'). | ||
| 313-6.1 | RS: Residential Single Family | ||
| --- | --- | --- | |
| Development Standards | |||
| Permitted Main Building Types |
Residential Single Detached; Ancillary Residential; Manufactured Homes in Manufactured Home Parks. Limited Mixed Residential-Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-16(A-C); amended by Ord. 1853, 12/20/88; amended by Ordinance 2543, Sec. 1, 01/19/2016)
| 313-6.2 | RM: Residential Multi-Family | |
|---|---|---|
| Principal Permitted Use | ||
| Residential Multifamily Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Single Family Residential where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements. Manufactured Home Parks; subject to the Manufactured Home Park Regulations |
|
| Civic Use Types | Essential Services Community Assembly Non-Assembly Cultural Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations |
|
| Commercial Use Types | Transient Habitation Private Recreation |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Neighborhood Commercial Office and Professional Service Private Institution |
||
| Commercial Timber Use Type | Timber Production | |
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RM Zone. |
|
| Development Standards | ||
| Minimum Lot Size | Five thousand(5,000)square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | The maximum density as specified on the adopted zoning maps. A minimum of one dwelling unit (1du) per lawfully created lot is permitted, even if the specified maximum dwelling unit density is exceeded, if it meets all other development standards. The maximum density shall be calculated as the total number of dwelling units divided by the total area within the lot and within one- half(1/2)of anyadjacent street. |
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-14(A-C); amended by Ord. 2167, Sec. 13, 4/7/98 ; amended by Ord. 2367A, 7/25/06)
| 313-6.2 | RM: Residential Multi-Family | |
|---|---|---|
| Development Standards | ||
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (½) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Development Standards | ||
| not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Minimum Setbacks Between Detached Multiple Unit Dwellings |
On building sites containing more than one (1) main detached multiple unit residential building, the following required distances between such buildings apply: |
|
| Minimum distance between buildings: |
Ten feet (10'). | |
| Minimum distance between the front of any dwelling unit in a building and any other building on- site: |
Twenty feet (20'). | |
| Minimum distance between the front of any dwelling unit and any side lot line: |
Twelve feet (12'). | |
| Minimum distance between buildings exceeding two (2) stories: |
Two foot (2') increase, over setbacks specified in this section, for each additional story. |
|
| Maximum Ground Coverage | SixtyPercent(60%). | |
| Maximum Structure Height | Forty-five feet(45'). | |
| Permitted Main Building Types | Single Detached (only one dwelling per lot), Manufactured homes in manufactured home parks. |
|
| 313-6.2 | RM: Residential Multi-Family | |
| --- | --- | --- |
| Development Standards | ||
| Duplex, Multiple dwellings, and Multiple/Group. Limited Mixed Residential- Nonresidential. Nonresidential Detached, or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-14(A-C))
| 313-6.3 | R2: Mixed Residential | |
|---|---|---|
| Principal Permitted Use | ||
| Mixed Residential Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Manufactured Home Park; subject to the Manufactured Home Park Regulations Guest House |
|
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Institution Private Recreation |
|
| Commercial Timber Use Type | Timber Production | |
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| 313-6.3 | R2: Mixed Residential | |
| --- | --- | --- |
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R2 Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-15(A)(1-2); amended by Ord. 1853, 12/20/88; amended by Ord. 1875, Sec. 2, 9/26/89 amended by Ord. 2167, Sec. 16, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-6.3 | R2: MIXED RESIDENTIAL | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Five thousand(5,000)square feet. | |
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a “collector” or “higher order street” (see this Chapter, Section C: Index of Definitions of Language and Legal Terms). In questionable cases, the Public Works Director shall classify the subject street. A record of all streets so classified shall be maintained as a public record which is available to the public at Community Development Services and/or the Department of Public Works. |
|
| 313-6.3 | R2: MIXED RESIDENTIAL | |
| --- | --- | --- |
| Development Standards | ||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage | Thirty-fivepercent(35%). | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Residential Single Detached; Manufactured Homes in Manufactured Home Parks; Ancillary Residential. Only one (1) dwelling per lot or manufactured home per lot except for an accessory dwelling unit (see Accessory Dwelling Unit in Section 313-69.05). Duplex. Limited Mixed Residential- Nonresidential. Nonresidential Detached or Multiple/Group. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-15(A)(1-2); amended by Ord. 1853, 12/20/88; amended by Ord. 1875, Sec. 2, 9/26/89)
| 313-6.4 | RA: Rural Residential Agriculture | |
|---|---|---|
| Principal Permitted Use | ||
| Rural Residential Agriculture Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Solid Waste Disposal; subject to the Solid Waste Disposal Regulations |
|
| 313-6.4 | RA: Rural Residential Agriculture | |
| --- | --- | --- |
| Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
||
| Commercial Use Types | Neighborhood Commercial Private Recreation |
|
| Industrial Use Types * |
Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Stables and Kennels Intensive Agriculture |
|
| Commercial Timber Use Type | Timber Production | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-17(A-C); amended by Ord. 1853, 12/20/88, amended by Ord. 2167, Sec. 16, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-6.4 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE | |
|---|---|---|---|
| Development Standards | |||
| Minimum | Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| RA -1 | 1.0 acres | 150 feet | |
| RA -2 | 2.0 acres | 175feet | |
| RA -2.5 | 2.5acres | 175feet | |
| RA -5 | 5.0 acres | 250 feet | |
| RA -10 | 10.0 acres | 350 feet | |
| 313-6.4 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE | |
| --- | --- | --- | --- |
| Development Standards | |||
| RA -20 | 20.0 acres | 475feet | |
| RA -40 | 40.0 acres | 750 feet | |
| Maximum Lot Depth | Four(4)times the lot width. | ||
| Maximum Density | One (1) dwelling unit (1du) per lawfully created lot plus one (1) accessory dwelling unit. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located. |
||
| Minimum Yard Setbacks ******* |
Minimum Lot Size Less Than 2.5 Acres |
Minimum Lot Size 2.5 Acres or Greater |
|
| Front | Twenty feet (20') | Twenty feet (20'); Thirty feet(30')for flaglots |
|
| Rear | Ten feet(10') | Thirtyfeet(30') | |
| Interior Side | Five feet(5') | Thirtyfeet(30') | |
| Exterior Side | Twentyfeet(20') | Twentyfeet(20') | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%) | ||
| Maximum Structure Height |
Thirty-five feet (35'). | ||
| Permitted Main Building Types |
Residential Single Detached Ancillary Residential Limited Mixed Residential - Nonresidential Nonresidential Detached or Multiple/Group |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-17(A-C); amended by Ord. 1853, 12/20/88) (Ord. 2717, § 11, 6/27/2023; Ord. 2733, § 7, 3/5/2024) Your Selections
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| 313-7.1 | AE: Agriculture Exclusive | |
|---|---|---|
| Principal Permitted Use | ||
| Agriculture Exclusive Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House Farm Employee Housing Labor Camp Second Agriculture or Commercial Timber Production Residence (on a lot less than sixty acres (60a) in size) Single Family Residential (a Use Permit is required on a lot less than sixty acres (60a) in size for a second single detached dwelling other than an Accessory DwellingUnit) |
|
| Civic Use Types | Essential Services Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Industrial Use Types * |
Aquaculture, allowed within non-prime agricultural lands only Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Hog Farming Feed Lots/Slaughter House Kennels |
|
| 313-7.1 | AE: Agriculture Exclusive | |
| --- | --- | --- |
| Agriculture-Related Recreation Intensive Agriculture |
||
| Extractive Use Types | Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Surface Mining - 2; subject to the Surface Mining Regulations Surface Mining - 3; subject to the Surface Mining Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration Resource-Related Recreation Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-29(A-C); amended by Ord. 2167, Sec. 22, 4/7/98; amended by Ag Zone ordinance amendments approved by the Humboldt County Board of Supervisors 2/9/99, amended by Ord. 2167, Sec. 13, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-7.1 | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | |
|---|---|---|---|
| Development Standards | |||
| Minimum | Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| AE-20 | 20 acres | ||
| AE-40 | 40 acres | (As determined during | |
| AE-60 | 60 acres | subdivision review and |
|
| AE-160 | 160 acres | approval.) | |
| AE-600 | 600 acres | ||
| Maximum Lot Depth | (None specified.) | ||
| Maximum Density | (None specified.) | ||
| Minimum Yard Setbacks ***** |
****** | ||
| 313-7.1 | AE: AGRICULTURE EXCLUSIVE | ||
| --- | --- | --- | |
| Development Standards | |||
| Front | Twentyfeet(20');Thirtyfeet(30')for flaglots. | ||
| Rear | Thirtyfeet(30'). | ||
| Interior Side | Thirtyfeet(30'). | ||
| Exterior Side | Twentyfeet(20'). | ||
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet(10')where suchyard abuts an alley. |
||
| Maximum Ground Coverage |
(None specified.) | ||
| Maximum Structure Height |
(None specified.) | ||
| Permitted Main Building Types |
Residential Single Detached; Ancillary Residential, Manufactured Home; Unlimited Mixed Residential - Nonresidential Detached Nonresidential |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-29(A-C); amended by Ord. 2167, Sec. 21, 4/7/98; amended by Ag Zone ordinance amendments approved by the Humboldt County Board of Supervisors 2/9/99)
| 313-7.2 | TC: Commercial Timber | |
|---|---|---|
| Principal Permitted Use | ||
| Commercial Timber Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | A Use Permit is required for a second single-family residence other than an AccessoryDwellingUnit. |
|
| Civic Use Types | Essential Services Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines |
|
| 313-7.2 | TC: Commercial Timber | |
| --- | --- | --- |
| Regulations Minor Generation and Distribution Facilities |
||
| Industrial Use Types * |
Timber Products Processing Aquaculture Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Agricultural Related Recreation | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the TC Zone. |
|
| Use Type | Compatible Uses Permitted With a Special Permit |
|
| Residential Use Types | Labor Camp | |
| Commercial Timber Use Type | Timber Related Recreation | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(From Section CZ#A314-11(B); CZ#A313-30(A-C); amended by Ord. 1853, 12/20/88, amended by Ord. 2167, Sec. 22, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-7.2 | TC: COMMERCIAL TIMBER | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Fortyacres(40a). | |
| Minimum Lot Width | (As determined during subdivision review and approval). |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| 313-7.2 | TC: COMMERCIAL TIMBER | |
| --- | --- | --- |
| Development Standards | ||
| Maximum Total Conversion of Timberland for Non-Timber Production Uses |
Two acres (2a) of contiguous or non- contiguous land. |
|
| Minimum Yard Setbacks ******* |
||
| Front | Twenty feet (20'); Thirty feet (30') for flaglot. |
|
| Rear | Thirtyfeet(30'). | |
| Interior Side | Thirtyfeet(30'). | |
| Exterior Side | Twentyfeet(20'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Residential Single Detached; Ancillary Residential; Manufactured Home. Detached Nonresidential |
*** Note>Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(From Section CZ#A314-11(B); CZ#A313-30(A-C); amended by Ord. 1853, 12/20/88)
| 313-7.3 | TPZ: Timberland Production Zone | |
|---|---|---|
| Principal Permitted Use | ||
| Timber Production Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | A Use Permit is required for a second single-family residence other than an AccessoryDwellingUnit. |
|
| Civic Use Types | Essential Services Solid Waste Disposal; subject to the Solid Waste Disposal Regulations |
|
| 313-7.3 | TPZ: Timberland Production Zone | |
| --- | --- | --- |
| Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
||
| Industrial Use Types * |
Timber Products Processing Aquaculture Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Agriculture-Related Recreation | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and ProcessingRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone. |
|
| Use Type | Compatible Uses Permitted With a Special Permit |
|
| Residential Use Types | Labor Camp | |
| Commercial Timber Use Type | Timber Related Recreation | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-31(A-C); Section CZ#A314-11(B); amended by Ord. 1853, 12/20/88; amended by Ord. 2167, Sec. 23, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-7.3 | TPZ: TIMBERLAND PRODUCTION ZONE |
|
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Fortyacres(40a). | |
| 313-7.3 | TPZ: TIMBERLAND PRODUCTION ZONE |
|
| --- | --- | --- |
| Development Standards | ||
| Minimum Lot Width | (As determined during subdivision review and approval). |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Maximum Total Conversion of Timberland for Non-Timber Production Uses |
Two acres (2a) of contiguous or non- contiguous land. |
|
| Minimum Yard Setbacks ******* |
||
| Front | Twenty feet (20'); Thirty feet (30') for flaglots. |
|
| Rear | Thirtyfeet(30'). | |
| Interior Side | Thirtyfeet(30') | |
| Exterior Side | Twentyfeet(20') | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main BuildingTypes | Residential Single Detached; Ancillary Residential; Manufactured Home. Detached Nonresidential. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-31(A-C); Section CZ#A314-11(B); amended by Ord. 1853, 12/20/88) (Ord. 2717, § 12, 6/27/2023) Your Selections
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| 313-7.1 | AE: Agriculture Exclusive | |
|---|---|---|
| Principal Permitted Use | ||
| Agriculture Exclusive Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House Farm Employee Housing Labor Camp Second Agriculture or Commercial Timber Production Residence (on a lot less than sixty acres (60a) in size) Single Family Residential (a Use Permit is required on a lot less than sixty acres (60a) in size for a second single detached dwelling other than an Accessory DwellingUnit) |
|
| Civic Use Types | Essential Services Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Industrial Use Types * |
Aquaculture, allowed within non-prime agricultural lands only Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Hog Farming Feed Lots/Slaughter House Kennels |
|
| 313-7.1 | AE: Agriculture Exclusive | |
| --- | --- | --- |
| Agriculture-Related Recreation Intensive Agriculture |
||
| Extractive Use Types | Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Surface Mining - 2; subject to the Surface Mining Regulations Surface Mining - 3; subject to the Surface Mining Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration Resource-Related Recreation Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-29(A-C); amended by Ord. 2167, Sec. 22, 4/7/98; amended by Ag Zone ordinance amendments approved by the Humboldt County Board of Supervisors 2/9/99, amended by Ord. 2167, Sec. 13, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-7.1 | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | |
|---|---|---|---|
| Development Standards | |||
| Minimum | Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| AE-20 | 20 acres | ||
| AE-40 | 40 acres | (As determined during | |
| AE-60 | 60 acres | subdivision review and |
|
| AE-160 | 160 acres | approval.) | |
| AE-600 | 600 acres | ||
| Maximum Lot Depth | (None specified.) | ||
| Maximum Density | (None specified.) | ||
| Minimum Yard Setbacks ***** |
****** | ||
| 313-7.1 | AE: AGRICULTURE EXCLUSIVE | ||
| --- | --- | --- | |
| Development Standards | |||
| Front | Twentyfeet(20');Thirtyfeet(30')for flaglots. | ||
| Rear | Thirtyfeet(30'). | ||
| Interior Side | Thirtyfeet(30'). | ||
| Exterior Side | Twentyfeet(20'). | ||
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet(10')where suchyard abuts an alley. |
||
| Maximum Ground Coverage |
(None specified.) | ||
| Maximum Structure Height |
(None specified.) | ||
| Permitted Main Building Types |
Residential Single Detached; Ancillary Residential, Manufactured Home; Unlimited Mixed Residential - Nonresidential Detached Nonresidential |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-29(A-C); amended by Ord. 2167, Sec. 21, 4/7/98; amended by Ag Zone ordinance amendments approved by the Humboldt County Board of Supervisors 2/9/99)
| 313-7.2 | TC: Commercial Timber | |
|---|---|---|
| Principal Permitted Use | ||
| Commercial Timber Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | A Use Permit is required for a second single-family residence other than an AccessoryDwellingUnit. |
|
| Civic Use Types | Essential Services Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines |
|
| 313-7.2 | TC: Commercial Timber | |
| --- | --- | --- |
| Regulations Minor Generation and Distribution Facilities |
||
| Industrial Use Types * |
Timber Products Processing Aquaculture Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Agricultural Related Recreation | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the TC Zone. |
|
| Use Type | Compatible Uses Permitted With a Special Permit |
|
| Residential Use Types | Labor Camp | |
| Commercial Timber Use Type | Timber Related Recreation | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(From Section CZ#A314-11(B); CZ#A313-30(A-C); amended by Ord. 1853, 12/20/88, amended by Ord. 2167, Sec. 22, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-7.2 | TC: COMMERCIAL TIMBER | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Fortyacres(40a). | |
| Minimum Lot Width | (As determined during subdivision review and approval). |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| 313-7.2 | TC: COMMERCIAL TIMBER | |
| --- | --- | --- |
| Development Standards | ||
| Maximum Total Conversion of Timberland for Non-Timber Production Uses |
Two acres (2a) of contiguous or non- contiguous land. |
|
| Minimum Yard Setbacks ******* |
||
| Front | Twenty feet (20'); Thirty feet (30') for flaglot. |
|
| Rear | Thirtyfeet(30'). | |
| Interior Side | Thirtyfeet(30'). | |
| Exterior Side | Twentyfeet(20'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Residential Single Detached; Ancillary Residential; Manufactured Home. Detached Nonresidential |
*** Note>Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(From Section CZ#A314-11(B); CZ#A313-30(A-C); amended by Ord. 1853, 12/20/88)
| 313-7.3 | TPZ: Timberland Production Zone | |
|---|---|---|
| Principal Permitted Use | ||
| Timber Production Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | A Use Permit is required for a second single-family residence other than an AccessoryDwellingUnit. |
|
| Civic Use Types | Essential Services Solid Waste Disposal; subject to the Solid Waste Disposal Regulations |
|
| 313-7.3 | TPZ: Timberland Production Zone | |
| --- | --- | --- |
| Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
||
| Industrial Use Types * |
Timber Products Processing Aquaculture Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Agriculture-Related Recreation | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and ProcessingRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone. |
|
| Use Type | Compatible Uses Permitted With a Special Permit |
|
| Residential Use Types | Labor Camp | |
| Commercial Timber Use Type | Timber Related Recreation | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-31(A-C); Section CZ#A314-11(B); amended by Ord. 1853, 12/20/88; amended by Ord. 2167, Sec. 23, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-7.3 | TPZ: TIMBERLAND PRODUCTION ZONE |
|
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Fortyacres(40a). | |
| 313-7.3 | TPZ: TIMBERLAND PRODUCTION ZONE |
|
| --- | --- | --- |
| Development Standards | ||
| Minimum Lot Width | (As determined during subdivision review and approval). |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Maximum Total Conversion of Timberland for Non-Timber Production Uses |
Two acres (2a) of contiguous or non- contiguous land. |
|
| Minimum Yard Setbacks ******* |
||
| Front | Twenty feet (20'); Thirty feet (30') for flaglots. |
|
| Rear | Thirtyfeet(30'). | |
| Interior Side | Thirtyfeet(30') | |
| Exterior Side | Twentyfeet(20') | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main BuildingTypes | Residential Single Detached; Ancillary Residential; Manufactured Home. Detached Nonresidential. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-31(A-C); Section CZ#A314-11(B); amended by Ord. 1853, 12/20/88) (Ord. 2717, § 12, 6/27/2023) Your Selections
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View Full File
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Skip to main content Loading…
Home Contents Track Legislative History Share This Page Your Selections Settings Help
Search Within This
This section is included in your selections.
| 313-7.1 | AE: Agriculture Exclusive | |
|---|---|---|
| Principal Permitted Use | ||
| Agriculture Exclusive Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House Farm Employee Housing Labor Camp Second Agriculture or Commercial Timber Production Residence (on a lot less than sixty acres (60a) in size) Single Family Residential (a Use Permit is required on a lot less than sixty acres (60a) in size for a second single detached dwelling other than an Accessory DwellingUnit) |
|
| Civic Use Types | Essential Services Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Industrial Use Types * |
Aquaculture, allowed within non-prime agricultural lands only Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Hog Farming Feed Lots/Slaughter House Kennels |
|
| 313-7.1 | AE: Agriculture Exclusive | |
| --- | --- | --- |
| Agriculture-Related Recreation Intensive Agriculture |
||
| Extractive Use Types | Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Surface Mining - 2; subject to the Surface Mining Regulations Surface Mining - 3; subject to the Surface Mining Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration Resource-Related Recreation Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-29(A-C); amended by Ord. 2167, Sec. 22, 4/7/98; amended by Ag Zone ordinance amendments approved by the Humboldt County Board of Supervisors 2/9/99, amended by Ord. 2167, Sec. 13, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-7.1 | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | |
|---|---|---|---|
| Development Standards | |||
| Minimum | Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| AE-20 | 20 acres | ||
| AE-40 | 40 acres | (As determined during | |
| AE-60 | 60 acres | subdivision review and |
|
| AE-160 | 160 acres | approval.) | |
| AE-600 | 600 acres | ||
| Maximum Lot Depth | (None specified.) | ||
| Maximum Density | (None specified.) | ||
| Minimum Yard Setbacks ***** |
****** | ||
| 313-7.1 | AE: AGRICULTURE EXCLUSIVE | ||
| --- | --- | --- | |
| Development Standards | |||
| Front | Twentyfeet(20');Thirtyfeet(30')for flaglots. | ||
| Rear | Thirtyfeet(30'). | ||
| Interior Side | Thirtyfeet(30'). | ||
| Exterior Side | Twentyfeet(20'). | ||
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet(10')where suchyard abuts an alley. |
||
| Maximum Ground Coverage |
(None specified.) | ||
| Maximum Structure Height |
(None specified.) | ||
| Permitted Main Building Types |
Residential Single Detached; Ancillary Residential, Manufactured Home; Unlimited Mixed Residential - Nonresidential Detached Nonresidential |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-29(A-C); amended by Ord. 2167, Sec. 21, 4/7/98; amended by Ag Zone ordinance amendments approved by the Humboldt County Board of Supervisors 2/9/99)
| 313-7.2 | TC: Commercial Timber | |
|---|---|---|
| Principal Permitted Use | ||
| Commercial Timber Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | A Use Permit is required for a second single-family residence other than an AccessoryDwellingUnit. |
|
| Civic Use Types | Essential Services Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines |
|
| 313-7.2 | TC: Commercial Timber | |
| --- | --- | --- |
| Regulations Minor Generation and Distribution Facilities |
||
| Industrial Use Types * |
Timber Products Processing Aquaculture Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Agricultural Related Recreation | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the TC Zone. |
|
| Use Type | Compatible Uses Permitted With a Special Permit |
|
| Residential Use Types | Labor Camp | |
| Commercial Timber Use Type | Timber Related Recreation | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(From Section CZ#A314-11(B); CZ#A313-30(A-C); amended by Ord. 1853, 12/20/88, amended by Ord. 2167, Sec. 22, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-7.2 | TC: COMMERCIAL TIMBER | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Fortyacres(40a). | |
| Minimum Lot Width | (As determined during subdivision review and approval). |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| 313-7.2 | TC: COMMERCIAL TIMBER | |
| --- | --- | --- |
| Development Standards | ||
| Maximum Total Conversion of Timberland for Non-Timber Production Uses |
Two acres (2a) of contiguous or non- contiguous land. |
|
| Minimum Yard Setbacks ******* |
||
| Front | Twenty feet (20'); Thirty feet (30') for flaglot. |
|
| Rear | Thirtyfeet(30'). | |
| Interior Side | Thirtyfeet(30'). | |
| Exterior Side | Twentyfeet(20'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Residential Single Detached; Ancillary Residential; Manufactured Home. Detached Nonresidential |
*** Note>Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(From Section CZ#A314-11(B); CZ#A313-30(A-C); amended by Ord. 1853, 12/20/88)
| 313-7.3 | TPZ: Timberland Production Zone | |
|---|---|---|
| Principal Permitted Use | ||
| Timber Production Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | A Use Permit is required for a second single-family residence other than an AccessoryDwellingUnit. |
|
| Civic Use Types | Essential Services Solid Waste Disposal; subject to the Solid Waste Disposal Regulations |
|
| 313-7.3 | TPZ: Timberland Production Zone | |
| --- | --- | --- |
| Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
||
| Industrial Use Types * |
Timber Products Processing Aquaculture Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Agriculture-Related Recreation | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and ProcessingRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone. |
|
| Use Type | Compatible Uses Permitted With a Special Permit |
|
| Residential Use Types | Labor Camp | |
| Commercial Timber Use Type | Timber Related Recreation | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-31(A-C); Section CZ#A314-11(B); amended by Ord. 1853, 12/20/88; amended by Ord. 2167, Sec. 23, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-7.3 | TPZ: TIMBERLAND PRODUCTION ZONE |
|
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Fortyacres(40a). | |
| 313-7.3 | TPZ: TIMBERLAND PRODUCTION ZONE |
|
| --- | --- | --- |
| Development Standards | ||
| Minimum Lot Width | (As determined during subdivision review and approval). |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Maximum Total Conversion of Timberland for Non-Timber Production Uses |
Two acres (2a) of contiguous or non- contiguous land. |
|
| Minimum Yard Setbacks ******* |
||
| Front | Twenty feet (20'); Thirty feet (30') for flaglots. |
|
| Rear | Thirtyfeet(30'). | |
| Interior Side | Thirtyfeet(30') | |
| Exterior Side | Twentyfeet(20') | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main BuildingTypes | Residential Single Detached; Ancillary Residential; Manufactured Home. Detached Nonresidential. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-31(A-C); Section CZ#A314-11(B); amended by Ord. 1853, 12/20/88) (Ord. 2717, § 12, 6/27/2023) Your Selections
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| 313-7.1 | AE: Agriculture Exclusive | |
|---|---|---|
| Principal Permitted Use | ||
| Agriculture Exclusive Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House Farm Employee Housing Labor Camp Second Agriculture or Commercial Timber Production Residence (on a lot less than sixty acres (60a) in size) Single Family Residential (a Use Permit is required on a lot less than sixty acres (60a) in size for a second single detached dwelling other than an Accessory DwellingUnit) |
|
| Civic Use Types | Essential Services Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Industrial Use Types * |
Aquaculture, allowed within non-prime agricultural lands only Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Hog Farming Feed Lots/Slaughter House Kennels |
|
| 313-7.1 | AE: Agriculture Exclusive | |
| --- | --- | --- |
| Agriculture-Related Recreation Intensive Agriculture |
||
| Extractive Use Types | Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Surface Mining - 2; subject to the Surface Mining Regulations Surface Mining - 3; subject to the Surface Mining Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration Resource-Related Recreation Coastal Access Facilities |
|
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone. |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-29(A-C); amended by Ord. 2167, Sec. 22, 4/7/98; amended by Ag Zone ordinance amendments approved by the Humboldt County Board of Supervisors 2/9/99, amended by Ord. 2167, Sec. 13, 4/7/98, amended by Ord. 2367A, 7/25/06)
| 313-7.1 | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | |
|---|---|---|---|
| Development Standards | |||
| Minimum | Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width | |
| AE-20 | 20 acres | ||
| AE-40 | 40 acres | (As determined during | |
| AE-60 | 60 acres | subdivision review and |
|
| AE-160 | 160 acres | approval.) | |
| AE-600 | 600 acres | ||
| Maximum Lot Depth | (None specified.) | ||
| Maximum Density | (None specified.) | ||
| Minimum Yard Setbacks ***** |
****** | ||
| 313-7.1 | AE: AGRICULTURE EXCLUSIVE | ||
| --- | --- | --- | |
| Development Standards | |||
| Front | Twentyfeet(20');Thirtyfeet(30')for flaglots. | ||
| Rear | Thirtyfeet(30'). | ||
| Interior Side | Thirtyfeet(30'). | ||
| Exterior Side | Twentyfeet(20'). | ||
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet(10')where suchyard abuts an alley. |
||
| Maximum Ground Coverage |
(None specified.) | ||
| Maximum Structure Height |
(None specified.) | ||
| Permitted Main Building Types |
Residential Single Detached; Ancillary Residential, Manufactured Home; Unlimited Mixed Residential - Nonresidential Detached Nonresidential |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-29(A-C); amended by Ord. 2167, Sec. 21, 4/7/98; amended by Ag Zone ordinance amendments approved by the Humboldt County Board of Supervisors 2/9/99)
| 313-7.2 | TC: Commercial Timber | |
|---|---|---|
| Principal Permitted Use | ||
| Commercial Timber Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | A Use Permit is required for a second single-family residence other than an AccessoryDwellingUnit. |
|
| Civic Use Types | Essential Services Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines |
|
| 313-7.2 | TC: Commercial Timber | |
| --- | --- | --- |
| Regulations Minor Generation and Distribution Facilities |
||
| Industrial Use Types * |
Timber Products Processing Aquaculture Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Agricultural Related Recreation | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and Processing Regulations Metallic Mineral Extraction; subject to the Surface MiningRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the TC Zone. |
|
| Use Type | Compatible Uses Permitted With a Special Permit |
|
| Residential Use Types | Labor Camp | |
| Commercial Timber Use Type | Timber Related Recreation | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(From Section CZ#A314-11(B); CZ#A313-30(A-C); amended by Ord. 1853, 12/20/88, amended by Ord. 2167, Sec. 22, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-7.2 | TC: COMMERCIAL TIMBER | |
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Fortyacres(40a). | |
| Minimum Lot Width | (As determined during subdivision review and approval). |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| 313-7.2 | TC: COMMERCIAL TIMBER | |
| --- | --- | --- |
| Development Standards | ||
| Maximum Total Conversion of Timberland for Non-Timber Production Uses |
Two acres (2a) of contiguous or non- contiguous land. |
|
| Minimum Yard Setbacks ******* |
||
| Front | Twenty feet (20'); Thirty feet (30') for flaglot. |
|
| Rear | Thirtyfeet(30'). | |
| Interior Side | Thirtyfeet(30'). | |
| Exterior Side | Twentyfeet(20'). | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main Building Types | Residential Single Detached; Ancillary Residential; Manufactured Home. Detached Nonresidential |
*** Note>Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(From Section CZ#A314-11(B); CZ#A313-30(A-C); amended by Ord. 1853, 12/20/88)
| 313-7.3 | TPZ: Timberland Production Zone | |
|---|---|---|
| Principal Permitted Use | ||
| Timber Production Principal Permitted Use (See Section 313-163.1.9 for description) |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | A Use Permit is required for a second single-family residence other than an AccessoryDwellingUnit. |
|
| Civic Use Types | Essential Services Solid Waste Disposal; subject to the Solid Waste Disposal Regulations |
|
| 313-7.3 | TPZ: Timberland Production Zone | |
| --- | --- | --- |
| Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
||
| Industrial Use Types * |
Timber Products Processing Aquaculture Cottage Industry; subject to the Cottage IndustryRegulations |
|
| Agricultural Use Types | Agriculture-Related Recreation | |
| Extractive Use Type | Surface Mining - 2; subject to the Surface Mining Regulations Oil and Gas Drilling and Processing; subject to the Oil and Gas Drilling and ProcessingRegulations |
|
| Natural Resource Use Type | Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone. |
|
| Use Type | Compatible Uses Permitted With a Special Permit |
|
| Residential Use Types | Labor Camp | |
| Commercial Timber Use Type | Timber Related Recreation | |
| Natural Resource Use Types | Fish and Wildlife Management Watershed Management Wetland Restoration |
*See, Industrial Performance Standards, Section 313-103.1.
**See, “Classifying Uses Not Specifically Mentioned in Use Type Descriptions,” Section 313-165.
(Former Section CZ#A313-31(A-C); Section CZ#A314-11(B); amended by Ord. 1853, 12/20/88; amended by Ord. 2167, Sec. 23, 4/7/98; amended by Ord. 2367A, 7/25/06)
| 313-7.3 | TPZ: TIMBERLAND PRODUCTION ZONE |
|
|---|---|---|
| Development Standards | ||
| Minimum Lot Size | Fortyacres(40a). | |
| 313-7.3 | TPZ: TIMBERLAND PRODUCTION ZONE |
|
| --- | --- | --- |
| Development Standards | ||
| Minimum Lot Width | (As determined during subdivision review and approval). |
|
| Maximum Lot Depth | (None specified.) | |
| Maximum Density | (None specified.) | |
| Maximum Total Conversion of Timberland for Non-Timber Production Uses |
Two acres (2a) of contiguous or non- contiguous land. |
|
| Minimum Yard Setbacks ******* |
||
| Front | Twenty feet (20'); Thirty feet (30') for flaglots. |
|
| Rear | Thirtyfeet(30'). | |
| Interior Side | Thirtyfeet(30') | |
| Exterior Side | Twentyfeet(20') | |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty feet (20'), except that the rear yard setback may be reduced to ten feet (10') where suchyard abuts an alley. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Structure Height | Thirty-five feet(35'). | |
| Permitted Main BuildingTypes | Residential Single Detached; Ancillary Residential; Manufactured Home. Detached Nonresidential. |
*** Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 313-30: “Alquist-Priolo Fault Hazard” and the “Fire Safe Regulations” at Title III, Division 11.
(Former Section CZ#A313-31(A-C); Section CZ#A314-11(B); amended by Ord. 1853, 12/20/88) (Ord. 2717, § 12, 6/27/2023) Your Selections
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A Combining Zone is an additional zoning designation applied to some (but not all) properties. A Combining Zone modifies the allowed land use in some way when necessary for sound and orderly planning. The following regulations for each of the Combining Zones shall modify the regulations for the Principal Zones with which they are combined. All uses and development regulations for the Principal Zone shall apply in the Combining Zone except insofar as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations. (Former Section CZ#A313-40)
15.1 PURPOSE ¶
The purpose of these regulations is to establish regulations for land use and development in special areas, as identified in the Humboldt County General Plan and associated plan maps. (See, Chapter 1 for an explanation of the zoning maps.) (Former Section CZ#A313-44(A))
15.2 APPLICABILITY ¶
The Special Area Combining Zone Regulations shall apply when any of the special area combining zones are combined with a principal zone by the County Board of Supervisors. When more than one regulation is applicable to the same subject matter within a zone, the most restrictive regulation is applicable except in the case of conflicts between the regulations of the Samoa Town Master Plan (STMP) Special Area Combining Zone and other regulations of the zoning ordinance. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
ost restrictive regulation is applicable except in the case of conflicts between the regulations of the Samoa Town Master Plan (STMP) Special Area Combining Zone and other regulations of the zoning ordinance. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into two master parcels generally depicted on Exhibit 25A. The two (2) resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Former Section CZ#A313-44(B); amended by Ord. 2466, 12/06/2011; amended by Ord.2549, Sec. 1, 04/26/2016)
15.3 SPECIAL AREA COMBINING ZONES AND RESPECTIVE DESIGNATIONS ¶
The following table lists all of the Special Area Combining Zones and their respective designators: (Former Section CZ#A313-44(C))
| COMBINING ZONES - COASTAL | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Archaeological Resource Area Outside Shelter Cove |
A | 313-16.1 |
| Special Archaeological Resource Area Regulations for Shelter Cove |
A | 313-16.2 |
| --- | --- | --- |
| COMBINING ZONES - COASTAL | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Airport SafetyReview | AP | 313-16.3 |
| Beach and Dune Areas | B | 313-17.1 |
| Coastal Resource Dependent | C | 313-18.1 |
| Design Review | D | 313-19.1 |
| Coastal Elk Habitat | E | 313-20.1 |
| Flood Hazard Areas | F | 313-21.1 |
| Alquist-Priolo Fault Hazard | G | 313-22.1 |
| Landscape and Design | L | 313-27.1 |
| Manufactured Home | M | 313-28.1 |
| Noise Impact | N | 313-29.1 |
| Offshore Rocks and RockyIntertidal Areas | O | 313-30.1 |
| Planned Unit Development | P | 313-31.1 |
| Qualified | Q | 313-32.1 |
| Streams and Riparian Corridor Protection | R | 313-33.1 |
| Development Standard | S | 313-34.1 |
| Modified Building Standards Including Provision for Manufactured Homes |
SM | 313-34.2 |
| Development Standards Which Are Combined With a Prohibition Against Further Subdivision |
SX | 313-34.3 |
| Development Standards Where Standards in Addition to Minimum Lot Size are Modified |
SY | 313-34.4 |
| Samoa Town Master Plan Land Use Plan | STMP | 313-34.5 |
| Transitional Agricultural Lands | T | 313-35.1 |
| Coastal Wetlands | W | 313-38.1 |
| No Further Subdivision Allowed | X | 313-39.1 |
| Specified Minimum and Average Lot Sizes | Y | 313-40.1 |
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into two (2) master parcels generally depicted on Exhibit 25A. The two (2) resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMPLUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUMMAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the
STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP.
with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP.
Note: The above text shall also appear on the face of the Zoning Map for the Samoa Town Master Plan. (Amended by Ord. 2466, 12/06/2011; amended by Ord.2549, Sec. 1, 04/26/2016)
15.4 REPRESENTATION OF THE SPECIAL AREA COMBINING ZONES REGULATIONS
When combined with a principal zone, the special area combining zone(s) shall be represented on the adopted zoning maps with the applicable designator(s). The applicable designator(s) shall be listed, in the above order, below the principal zone designator, and the development standard combining zone and qualified combining zone designators, when applied, in a numerator/denominator format (e.g. RM/D). (Former Section CZ#A313-44(D))
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A Combining Zone is an additional zoning designation applied to some (but not all) properties. A Combining Zone modifies the allowed land use in some way when necessary for sound and orderly planning. The following regulations for each of the Combining Zones shall modify the regulations for the Principal Zones with which they are combined. All uses and development regulations for the Principal Zone shall apply in the Combining Zone except insofar as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations. (Former Section CZ#A313-40)
15.1 PURPOSE ¶
The purpose of these regulations is to establish regulations for land use and development in special areas, as identified in the Humboldt County General Plan and associated plan maps. (See, Chapter 1 for an explanation of the zoning maps.) (Former Section CZ#A313-44(A))
15.2 APPLICABILITY ¶
The Special Area Combining Zone Regulations shall apply when any of the special area combining zones are combined with a principal zone by the County Board of Supervisors. When more than one regulation is applicable to the same subject matter within a zone, the most restrictive regulation is applicable except in the case of conflicts between the regulations of the Samoa Town Master Plan (STMP) Special Area Combining Zone and other regulations of the zoning ordinance. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
ost restrictive regulation is applicable except in the case of conflicts between the regulations of the Samoa Town Master Plan (STMP) Special Area Combining Zone and other regulations of the zoning ordinance. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into two master parcels generally depicted on Exhibit 25A. The two (2) resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Former Section CZ#A313-44(B); amended by Ord. 2466, 12/06/2011; amended by Ord.2549, Sec. 1, 04/26/2016)
15.3 SPECIAL AREA COMBINING ZONES AND RESPECTIVE DESIGNATIONS ¶
The following table lists all of the Special Area Combining Zones and their respective designators: (Former Section CZ#A313-44(C))
| COMBINING ZONES - COASTAL | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Archaeological Resource Area Outside Shelter Cove |
A | 313-16.1 |
| Special Archaeological Resource Area Regulations for Shelter Cove |
A | 313-16.2 |
| --- | --- | --- |
| COMBINING ZONES - COASTAL | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Airport SafetyReview | AP | 313-16.3 |
| Beach and Dune Areas | B | 313-17.1 |
| Coastal Resource Dependent | C | 313-18.1 |
| Design Review | D | 313-19.1 |
| Coastal Elk Habitat | E | 313-20.1 |
| Flood Hazard Areas | F | 313-21.1 |
| Alquist-Priolo Fault Hazard | G | 313-22.1 |
| Landscape and Design | L | 313-27.1 |
| Manufactured Home | M | 313-28.1 |
| Noise Impact | N | 313-29.1 |
| Offshore Rocks and RockyIntertidal Areas | O | 313-30.1 |
| Planned Unit Development | P | 313-31.1 |
| Qualified | Q | 313-32.1 |
| Streams and Riparian Corridor Protection | R | 313-33.1 |
| Development Standard | S | 313-34.1 |
| Modified Building Standards Including Provision for Manufactured Homes |
SM | 313-34.2 |
| Development Standards Which Are Combined With a Prohibition Against Further Subdivision |
SX | 313-34.3 |
| Development Standards Where Standards in Addition to Minimum Lot Size are Modified |
SY | 313-34.4 |
| Samoa Town Master Plan Land Use Plan | STMP | 313-34.5 |
| Transitional Agricultural Lands | T | 313-35.1 |
| Coastal Wetlands | W | 313-38.1 |
| No Further Subdivision Allowed | X | 313-39.1 |
| Specified Minimum and Average Lot Sizes | Y | 313-40.1 |
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into two (2) master parcels generally depicted on Exhibit 25A. The two (2) resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMPLUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUMMAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the
STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP.
with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP.
Note: The above text shall also appear on the face of the Zoning Map for the Samoa Town Master Plan. (Amended by Ord. 2466, 12/06/2011; amended by Ord.2549, Sec. 1, 04/26/2016)
15.4 REPRESENTATION OF THE SPECIAL AREA COMBINING ZONES REGULATIONS
When combined with a principal zone, the special area combining zone(s) shall be represented on the adopted zoning maps with the applicable designator(s). The applicable designator(s) shall be listed, in the above order, below the principal zone designator, and the development standard combining zone and qualified combining zone designators, when applied, in a numerator/denominator format (e.g. RM/D). (Former Section CZ#A313-44(D))
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A Combining Zone is an additional zoning designation applied to some (but not all) properties. A Combining Zone modifies the allowed land use in some way when necessary for sound and orderly planning. The following regulations for each of the Combining Zones shall modify the regulations for the Principal Zones with which they are combined. All uses and development regulations for the Principal Zone shall apply in the Combining Zone except insofar as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations. (Former Section CZ#A313-40)
15.1 PURPOSE ¶
The purpose of these regulations is to establish regulations for land use and development in special areas, as identified in the Humboldt County General Plan and associated plan maps. (See, Chapter 1 for an explanation of the zoning maps.) (Former Section CZ#A313-44(A))
15.2 APPLICABILITY ¶
The Special Area Combining Zone Regulations shall apply when any of the special area combining zones are combined with a principal zone by the County Board of Supervisors. When more than one regulation is applicable to the same subject matter within a zone, the most restrictive regulation is applicable except in the case of conflicts between the regulations of the Samoa Town Master Plan (STMP) Special Area Combining Zone and other regulations of the zoning ordinance. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
ost restrictive regulation is applicable except in the case of conflicts between the regulations of the Samoa Town Master Plan (STMP) Special Area Combining Zone and other regulations of the zoning ordinance. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into two master parcels generally depicted on Exhibit 25A. The two (2) resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Former Section CZ#A313-44(B); amended by Ord. 2466, 12/06/2011; amended by Ord.2549, Sec. 1, 04/26/2016)
15.3 SPECIAL AREA COMBINING ZONES AND RESPECTIVE DESIGNATIONS ¶
The following table lists all of the Special Area Combining Zones and their respective designators: (Former Section CZ#A313-44(C))
| COMBINING ZONES - COASTAL | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Archaeological Resource Area Outside Shelter Cove |
A | 313-16.1 |
| Special Archaeological Resource Area Regulations for Shelter Cove |
A | 313-16.2 |
| --- | --- | --- |
| COMBINING ZONES - COASTAL | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Airport SafetyReview | AP | 313-16.3 |
| Beach and Dune Areas | B | 313-17.1 |
| Coastal Resource Dependent | C | 313-18.1 |
| Design Review | D | 313-19.1 |
| Coastal Elk Habitat | E | 313-20.1 |
| Flood Hazard Areas | F | 313-21.1 |
| Alquist-Priolo Fault Hazard | G | 313-22.1 |
| Landscape and Design | L | 313-27.1 |
| Manufactured Home | M | 313-28.1 |
| Noise Impact | N | 313-29.1 |
| Offshore Rocks and RockyIntertidal Areas | O | 313-30.1 |
| Planned Unit Development | P | 313-31.1 |
| Qualified | Q | 313-32.1 |
| Streams and Riparian Corridor Protection | R | 313-33.1 |
| Development Standard | S | 313-34.1 |
| Modified Building Standards Including Provision for Manufactured Homes |
SM | 313-34.2 |
| Development Standards Which Are Combined With a Prohibition Against Further Subdivision |
SX | 313-34.3 |
| Development Standards Where Standards in Addition to Minimum Lot Size are Modified |
SY | 313-34.4 |
| Samoa Town Master Plan Land Use Plan | STMP | 313-34.5 |
| Transitional Agricultural Lands | T | 313-35.1 |
| Coastal Wetlands | W | 313-38.1 |
| No Further Subdivision Allowed | X | 313-39.1 |
| Specified Minimum and Average Lot Sizes | Y | 313-40.1 |
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into two (2) master parcels generally depicted on Exhibit 25A. The two (2) resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMPLUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUMMAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the
STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP.
with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP.
Note: The above text shall also appear on the face of the Zoning Map for the Samoa Town Master Plan. (Amended by Ord. 2466, 12/06/2011; amended by Ord.2549, Sec. 1, 04/26/2016)
15.4 REPRESENTATION OF THE SPECIAL AREA COMBINING ZONES REGULATIONS
When combined with a principal zone, the special area combining zone(s) shall be represented on the adopted zoning maps with the applicable designator(s). The applicable designator(s) shall be listed, in the above order, below the principal zone designator, and the development standard combining zone and qualified combining zone designators, when applied, in a numerator/denominator format (e.g. RM/D). (Former Section CZ#A313-44(D))
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A Combining Zone is an additional zoning designation applied to some (but not all) properties. A Combining Zone modifies the allowed land use in some way when necessary for sound and orderly planning. The following regulations for each of the Combining Zones shall modify the regulations for the Principal Zones with which they are combined. All uses and development regulations for the Principal Zone shall apply in the Combining Zone except insofar as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations. (Former Section CZ#A313-40)
15.1 PURPOSE ¶
The purpose of these regulations is to establish regulations for land use and development in special areas, as identified in the Humboldt County General Plan and associated plan maps. (See, Chapter 1 for an explanation of the zoning maps.) (Former Section CZ#A313-44(A))
15.2 APPLICABILITY ¶
The Special Area Combining Zone Regulations shall apply when any of the special area combining zones are combined with a principal zone by the County Board of Supervisors. When more than one regulation is applicable to the same subject matter within a zone, the most restrictive regulation is applicable except in the case of conflicts between the regulations of the Samoa Town Master Plan (STMP) Special Area Combining Zone and other regulations of the zoning ordinance. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
ost restrictive regulation is applicable except in the case of conflicts between the regulations of the Samoa Town Master Plan (STMP) Special Area Combining Zone and other regulations of the zoning ordinance. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into two master parcels generally depicted on Exhibit 25A. The two (2) resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Former Section CZ#A313-44(B); amended by Ord. 2466, 12/06/2011; amended by Ord.2549, Sec. 1, 04/26/2016)
15.3 SPECIAL AREA COMBINING ZONES AND RESPECTIVE DESIGNATIONS ¶
The following table lists all of the Special Area Combining Zones and their respective designators: (Former Section CZ#A313-44(C))
| COMBINING ZONES - COASTAL | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Archaeological Resource Area Outside Shelter Cove |
A | 313-16.1 |
| Special Archaeological Resource Area Regulations for Shelter Cove |
A | 313-16.2 |
| --- | --- | --- |
| COMBINING ZONES - COASTAL | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Airport SafetyReview | AP | 313-16.3 |
| Beach and Dune Areas | B | 313-17.1 |
| Coastal Resource Dependent | C | 313-18.1 |
| Design Review | D | 313-19.1 |
| Coastal Elk Habitat | E | 313-20.1 |
| Flood Hazard Areas | F | 313-21.1 |
| Alquist-Priolo Fault Hazard | G | 313-22.1 |
| Landscape and Design | L | 313-27.1 |
| Manufactured Home | M | 313-28.1 |
| Noise Impact | N | 313-29.1 |
| Offshore Rocks and RockyIntertidal Areas | O | 313-30.1 |
| Planned Unit Development | P | 313-31.1 |
| Qualified | Q | 313-32.1 |
| Streams and Riparian Corridor Protection | R | 313-33.1 |
| Development Standard | S | 313-34.1 |
| Modified Building Standards Including Provision for Manufactured Homes |
SM | 313-34.2 |
| Development Standards Which Are Combined With a Prohibition Against Further Subdivision |
SX | 313-34.3 |
| Development Standards Where Standards in Addition to Minimum Lot Size are Modified |
SY | 313-34.4 |
| Samoa Town Master Plan Land Use Plan | STMP | 313-34.5 |
| Transitional Agricultural Lands | T | 313-35.1 |
| Coastal Wetlands | W | 313-38.1 |
| No Further Subdivision Allowed | X | 313-39.1 |
| Specified Minimum and Average Lot Sizes | Y | 313-40.1 |
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into two (2) master parcels generally depicted on Exhibit 25A. The two (2) resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMPLUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUMMAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the
STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP.
with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP.
Note: The above text shall also appear on the face of the Zoning Map for the Samoa Town Master Plan. (Amended by Ord. 2466, 12/06/2011; amended by Ord.2549, Sec. 1, 04/26/2016)
15.4 REPRESENTATION OF THE SPECIAL AREA COMBINING ZONES REGULATIONS
When combined with a principal zone, the special area combining zone(s) shall be represented on the adopted zoning maps with the applicable designator(s). The applicable designator(s) shall be listed, in the above order, below the principal zone designator, and the development standard combining zone and qualified combining zone designators, when applied, in a numerator/denominator format (e.g. RM/D). (Former Section CZ#A313-44(D))
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A Combining Zone is an additional zoning designation applied to some (but not all) properties. A Combining Zone modifies the allowed land use in some way when necessary for sound and orderly planning. The following regulations for each of the Combining Zones shall modify the regulations for the Principal Zones with which they are combined. All uses and development regulations for the Principal Zone shall apply in the Combining Zone except insofar as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations. (Former Section CZ#A313-40)
15.1 PURPOSE ¶
The purpose of these regulations is to establish regulations for land use and development in special areas, as identified in the Humboldt County General Plan and associated plan maps. (See, Chapter 1 for an explanation of the zoning maps.) (Former Section CZ#A313-44(A))
15.2 APPLICABILITY ¶
The Special Area Combining Zone Regulations shall apply when any of the special area combining zones are combined with a principal zone by the County Board of Supervisors. When more than one regulation is applicable to the same subject matter within a zone, the most restrictive regulation is applicable except in the case of conflicts between the regulations of the Samoa Town Master Plan (STMP) Special Area Combining Zone and other regulations of the zoning ordinance. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
ost restrictive regulation is applicable except in the case of conflicts between the regulations of the Samoa Town Master Plan (STMP) Special Area Combining Zone and other regulations of the zoning ordinance. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into two master parcels generally depicted on Exhibit 25A. The two (2) resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Former Section CZ#A313-44(B); amended by Ord. 2466, 12/06/2011; amended by Ord.2549, Sec. 1, 04/26/2016)
15.3 SPECIAL AREA COMBINING ZONES AND RESPECTIVE DESIGNATIONS ¶
The following table lists all of the Special Area Combining Zones and their respective designators: (Former Section CZ#A313-44(C))
| COMBINING ZONES - COASTAL | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Archaeological Resource Area Outside Shelter Cove |
A | 313-16.1 |
| Special Archaeological Resource Area Regulations for Shelter Cove |
A | 313-16.2 |
| --- | --- | --- |
| COMBINING ZONES - COASTAL | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Airport SafetyReview | AP | 313-16.3 |
| Beach and Dune Areas | B | 313-17.1 |
| Coastal Resource Dependent | C | 313-18.1 |
| Design Review | D | 313-19.1 |
| Coastal Elk Habitat | E | 313-20.1 |
| Flood Hazard Areas | F | 313-21.1 |
| Alquist-Priolo Fault Hazard | G | 313-22.1 |
| Landscape and Design | L | 313-27.1 |
| Manufactured Home | M | 313-28.1 |
| Noise Impact | N | 313-29.1 |
| Offshore Rocks and RockyIntertidal Areas | O | 313-30.1 |
| Planned Unit Development | P | 313-31.1 |
| Qualified | Q | 313-32.1 |
| Streams and Riparian Corridor Protection | R | 313-33.1 |
| Development Standard | S | 313-34.1 |
| Modified Building Standards Including Provision for Manufactured Homes |
SM | 313-34.2 |
| Development Standards Which Are Combined With a Prohibition Against Further Subdivision |
SX | 313-34.3 |
| Development Standards Where Standards in Addition to Minimum Lot Size are Modified |
SY | 313-34.4 |
| Samoa Town Master Plan Land Use Plan | STMP | 313-34.5 |
| Transitional Agricultural Lands | T | 313-35.1 |
| Coastal Wetlands | W | 313-38.1 |
| No Further Subdivision Allowed | X | 313-39.1 |
| Specified Minimum and Average Lot Sizes | Y | 313-40.1 |
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into two (2) master parcels generally depicted on Exhibit 25A. The two (2) resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMPLUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUMMAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the
STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP.
with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP.
Note: The above text shall also appear on the face of the Zoning Map for the Samoa Town Master Plan. (Amended by Ord. 2466, 12/06/2011; amended by Ord.2549, Sec. 1, 04/26/2016)
15.4 REPRESENTATION OF THE SPECIAL AREA COMBINING ZONES REGULATIONS
When combined with a principal zone, the special area combining zone(s) shall be represented on the adopted zoning maps with the applicable designator(s). The applicable designator(s) shall be listed, in the above order, below the principal zone designator, and the development standard combining zone and qualified combining zone designators, when applied, in a numerator/denominator format (e.g. RM/D). (Former Section CZ#A313-44(D))
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16.1 A: ARCHAEOLOGICAL RESOURCE AREA OUTSIDE SHELTER COVE ¶
16.1.1 Purpose. The purpose of these regulations is to provide for reasonable mitigation measures where development would have an adverse impact upon archaeological and paleontological resources. (Former Section CZ#A314-52(A))
16.1.2 Applicability. These regulations shall apply to lands designated “A” on the Zoning Maps, except for the Shelter Cove area, which includes areas with great archaeological and paleontological value as identified by the State Historic Preservation Officer. (Also see, the section “Archaeological Resource Area Regulations for Shelter Cove”.) (Former Section CZ#A314-52(B))
16.1.3 Modifications Imposed by the Archaeological Resource Area Regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulation most protective of archaeological resources shall apply. (Former Section CZ#A314-52(C))
16.1.4 Required Mitigation. Measures to mitigate adverse environmental effects of development within Archaeological Resource Areas shall include, but are not limited to, the following: (Former Section CZ#A314-52(D))
16.1.4.1Relocate planned structures and roads to avoid or mitigate impacts on archaeological sites; (Former Section CZ#A314-52(D) (1))
16.1.4.2Provide protective cover for sites that cannot be avoided; (Former Section CZ#A314-52(D)(2))
16.1.4.3Where appropriate, and providing all parties concerned approve, the removal or transfer of culturally significant material by a professional archaeologist shall be permitted. (Former Section CZ#A314-52(D)(3))
16.1.5 Additional Requirements for the Protection of Native American Graves, Burial Grounds, Cemeteries and Ceremonial Sites. Notwithstanding the other provisions of this Chapter, whenever a development will involve activities which may adversely affect Native American graves, cemeteries, burial grounds, or ceremonial sites, the County will follow or impose the following requirements: (Former Section CZ#A314-52(E))
16.1.5.1 Consultation With Indian Associations. Prior to final approval or authorization of such development, the County shall consult with representatives of the Northwest Information Center of the California Archaeological Inventory (NICCAI), Department of Anthropology, Sonoma State University, and the Native American Heritage Commission (NAHC) and any known interested Native Americans. Such consultation will be directed to the questions of whether the project or operation will adversely affect Indian graves, cemeteries, burial grounds, or ceremonial sites, and whether there are reasonable alternative means of accomplishing the project or operation which would not adversely affect such graves, cemeteries, burial grounds or ceremonial sites. (Former Section CZ#A31452(E)(1))
16.1.5.2 Required Mitigation Action. Based upon the information and recommendations received during the review (see, subsection 16.1.5.1), the project application shall be acted on in a manner that provides the best feasible protection to cultural sites. (Former Section CZ#A314-52(E)(2))
16.2 A: SPECIAL ARCHAEOLOGICAL RESOURCE AREA REGULATIONS FOR SHELTER COVE
16.2.1 Purpose. The purpose of these regulations is to ensure that reasonable mitigation measures be required where development might have an adverse impact upon archaeological and paleontological resources in Shelter Cove. (Former Section CZ#A314-53(A))
16.2.2 Applicability. These regulations for Shelter Cove shall apply to lands designated “A” on the Zoning Maps in Shelter Cove, which include areas with significant archaeological and paleontological value as identified by the State Historic Preservation Officer. (Former Section CZ#A314-53(B))
16.2.3 Modifications Imposed by the Special Archaeological Resource Area Regulations for Shelter Cove. These regulations for Shelter Cove shall be in addition to regulations imposed by the principal zone, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulations most protective of archaeological resources shall apply. (Former Section CZ#A314-53(C))
16.2.4 Required Mitigation. Measures to mitigate adverse environmental effects of development within Special Archaeological Resources Areas for Shelter Cove shall include, but are not limited to, the following: (Former Section CZ#A314-53(D))
16.2.4.1Site planned improvements to avoid or mitigate impacts on archaeological sites; (Former Section CZ#A314-53(D)(1))
16.2.4.2Provide protective cover for sites that cannot be avoided; (Former Section CZ#A314-53(D)(2))
16.2.4.3Where appropriate and with concurrence of responsible agencies, the removal or transfer of culturally significant material by professional archaeologists shall be permitted. (Former Section CZ#A314-53(D)(3))
16.2.5 Procedures for Determining Required Mitigation. ¶
16.2.5.1Prior to final development approval or authorization, the County shall condition the Coastal Development Permit to include an agreement to stop work in the event of discovery of any archaeological resources during construction. Said agreement shall provide for work stoppage on the affected resource area until a qualified archaeologist can determine the significance of the resource and suggest appropriate mitigation measures. The agreement shall not require an applicant to stop work for a period in excess of five (5) days, but shall provide an assurance that opportunity for reasonable mitigation to be carried out will be provided in the event significant archaeological resources are encountered. (Former Section CZ#A314-53(E)(1))
16.2.5.2The stop work agreement requirement (see subsection 16.2.5.1) may be waived where responsible referral agencies have indicated such an agreement is not necessary or appropriate. (Former Section CZ#A314-53(E)(2))
16.2.5.3On lands designated “A” on the Shelter Cove Coastal Zoning Maps, the County shall, prior to authorization or approval of development, consult with representatives of the Northwest Information Center of the California Archaeological Inventory (NICCAI), Department of Anthropology, Sonoma State University, the Native American Heritage Commission (NAHC), any known interested Native Americans, and the Bureau of Land Management staff archaeologist assigned to the King Range Area. Such consultation shall be directed at determining whether or not the proposed project would adversely affect significant archaeological or cultural heritage resources. (Former Section CZ#A314-53(E)(3))
16.2.5.4Where the response to the above consultation provides substantial information which indicates that significant archaeological resources would be adversely affected, the County, where feasible, shall require the project to avoid the significant resources and to allow for permanent protection of such resources. (Former Section CZ#A314-53(E)(4))
16.2.5.5Where avoidance of such resources is not feasible, a plan of excavation shall be required to be prepared and carried out for the portions of the site that would be disturbed or covered by improvements such as foundations, drive-ways, and utility hookups. (Former Section CZ#A314-53(E)(5))
16.2.5.6The plan of excavation shall:
16.2.5.6.1Be prepared by a qualified archaeologist; (Former Section CZ#A314-53(E)(6)(a))
16.2.5.6.2Be compatible with preservation and recovery work on adjacent lots; (Former Section CZ#A314-53(E)(6)(b))
16.2.5.6.3Be based on a review of area specific literature; (Former Section CZ#A314-53(E)(6)(c))
16.2.5.6.4Be peer reviewed by the above-mentioned referral agencies; (Former Section CZ#A314-53(E)(6)(d))
16.2.5.6.5Be a brief summary of the excavation proposed as part of a mitigation plan; (Former Section CZ#A314-53(E)(6)(e))
16.2.5.6.6List and briefly discuss the important information the archaeological resources contain or are likely to contain; (Former Section CZ#A314-53(E)(6)(f))
16.2.5.6.7Explain how the information should be recorded to be useful in addressing scientifically valid research questions and other concerns identified in the plan prepared pursuant to this section; (Former Section CZ#A314-53(E)(6)(g))
16.2.5.6.8Explain the methods of analysis and, if feasible, display of excavated materials; (Former Section CZ#A314-53(E)(6)(h))
16.2.5.6.9Provide for final report preparation and distribution; (Former Section CZ#A314-53(E)(6)(i))
16.2.5.6.10Explain the estimated cost of and time required to complete all activities undertaken under the plan; and (Former Section CZ#A314-53(E)(6)(j))
16.2.5.6.11Be available for review only on a “need-to-know” basis. (Former Section CZ#A314-53(E)(6)(k))
16.2.5.7Where the cost of carrying out the excavation is neither feasible nor reasonable, the County shall determine the appropriate limits on mitigation in accordance with California Environmental Quality Act guidelines, as may be applicable at the time of project review. (Former Section CZ#A314-53(E)(7))
16.3 AP: AIRPORT SAFETY REVIEW ¶
16.3.1 Purpose. The purpose of these provisions is to establish regulations to maintain compatibility between proposed land uses and development and Humboldt County airports. (Former Section CZ#A314-50(A))
16.3.2 Applicability. These regulations shall apply: ¶
16.3.2.1To lands designated AP on the Zoning Maps that are described in Section 333, Chapter 3, Division 3, Title III, of the Humboldt County Code as clear zones, approach zones, transition zones, and beneath the flight track; or
16.3.2.2To lands identified in the Technical Report for the Humboldt County Airports Master Plan as appropriate for airport safety review zoning. (Former Section CZ#A314-50(B))
16.3.3 Permitted Land Use. The following Airport Safety Review Zoning Matrix table specifies the land uses that are permitted, and the type of permit required, when the AP - Airport Safety Review Zone is combined with a principal zone district. (Former Section CZ#A314-50(C))
16.3.4 Development Standards. In addition to the development standards of the applicable principal zone, the following standards shall apply whenever the AP - Airport Safety Review Zone is combined with the principal zone: (Former Section CZ#A314-50(D))
16.3.4.1No structure, tree, or other object shall be permitted to exceed the height limits established in Section 331, of the Humboldt County Code. (Former Section CZ#A314-50(D)(1))
16.3.4.2Buildings constructed over thirty-five (35) feet may be allowed if a Special Permit is obtained. (Former Section CZ#A314-50(D) (2))
16.3.4.3 Maximum Density in Approach Zones.
16.3.4.3.1The maximum density in an approach zone is one unit per three acres. A minimum of one dwelling unit (1du) per lawfully created lot is permitted, even if this density is exceeded, but a Special Permit is required. The Special Permit process shall be used to retain, to the maximum extent feasible, the contiguous open space in the approach zone. (Former Section CZ#A314-50(D)(3))
16.3.4.3.2Exceptions to the maximum density of one unit per three acres within an approach zone may be permitted subject to approval by the Director of the Department of Public Works, which approval shall occur during the Special Permit process. (Former Section CZ#A314-50(D)(3))
AIRPORT SAFETY REVIEW ZONE MATRIX
| AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX |
|---|---|---|---|---|---|
| Use | Clear Zone |
Approach Zone |
Transitional Zone |
Beneath Flight Track |
|
| Residential Use Types having an average density of less than ten dwelling unitsper acre(10du/a) |
SP | SP | A | A | |
| Residential Use Types having an average density of ten or more dwelling unitsper acre(10+du/a) |
NA | SP | SP | SP | |
| High Occupancy Use Types whether permanent or temporary and whether in or out of a structure which result in assemblages of more than 25 persons per acre (excludingstreets) |
NA | SP | A | A | |
| Structures | SP | A | A | A | |
| “NA” | Developments of this type are notpermitted uses in this zone. | ||||
| “SP” | Special Permit required. Review for consistency with Airport/Land Use SafetyCompatibilityCriteria. |
||||
| “A” | Use Permitted consistent withprincipal zone requirements. |
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16.1 A: ARCHAEOLOGICAL RESOURCE AREA OUTSIDE SHELTER COVE ¶
16.1.1 Purpose. The purpose of these regulations is to provide for reasonable mitigation measures where development would have an adverse impact upon archaeological and paleontological resources. (Former Section CZ#A314-52(A))
16.1.2 Applicability. These regulations shall apply to lands designated “A” on the Zoning Maps, except for the Shelter Cove area, which includes areas with great archaeological and paleontological value as identified by the State Historic Preservation Officer. (Also see, the section “Archaeological Resource Area Regulations for Shelter Cove”.) (Former Section CZ#A314-52(B))
16.1.3 Modifications Imposed by the Archaeological Resource Area Regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulation most protective of archaeological resources shall apply. (Former Section CZ#A314-52(C))
16.1.4 Required Mitigation. Measures to mitigate adverse environmental effects of development within Archaeological Resource Areas shall include, but are not limited to, the following: (Former Section CZ#A314-52(D))
16.1.4.1Relocate planned structures and roads to avoid or mitigate impacts on archaeological sites; (Former Section CZ#A314-52(D) (1))
16.1.4.2Provide protective cover for sites that cannot be avoided; (Former Section CZ#A314-52(D)(2))
16.1.4.3Where appropriate, and providing all parties concerned approve, the removal or transfer of culturally significant material by a professional archaeologist shall be permitted. (Former Section CZ#A314-52(D)(3))
16.1.5 Additional Requirements for the Protection of Native American Graves, Burial Grounds, Cemeteries and Ceremonial Sites. Notwithstanding the other provisions of this Chapter, whenever a development will involve activities which may adversely affect Native American graves, cemeteries, burial grounds, or ceremonial sites, the County will follow or impose the following requirements: (Former Section CZ#A314-52(E))
16.1.5.1 Consultation With Indian Associations. Prior to final approval or authorization of such development, the County shall consult with representatives of the Northwest Information Center of the California Archaeological Inventory (NICCAI), Department of Anthropology, Sonoma State University, and the Native American Heritage Commission (NAHC) and any known interested Native Americans. Such consultation will be directed to the questions of whether the project or operation will adversely affect Indian graves, cemeteries, burial grounds, or ceremonial sites, and whether there are reasonable alternative means of accomplishing the project or operation which would not adversely affect such graves, cemeteries, burial grounds or ceremonial sites. (Former Section CZ#A31452(E)(1))
16.1.5.2 Required Mitigation Action. Based upon the information and recommendations received during the review (see, subsection 16.1.5.1), the project application shall be acted on in a manner that provides the best feasible protection to cultural sites. (Former Section CZ#A314-52(E)(2))
16.2 A: SPECIAL ARCHAEOLOGICAL RESOURCE AREA REGULATIONS FOR SHELTER COVE
16.2.1 Purpose. The purpose of these regulations is to ensure that reasonable mitigation measures be required where development might have an adverse impact upon archaeological and paleontological resources in Shelter Cove. (Former Section CZ#A314-53(A))
16.2.2 Applicability. These regulations for Shelter Cove shall apply to lands designated “A” on the Zoning Maps in Shelter Cove, which include areas with significant archaeological and paleontological value as identified by the State Historic Preservation Officer. (Former Section CZ#A314-53(B))
16.2.3 Modifications Imposed by the Special Archaeological Resource Area Regulations for Shelter Cove. These regulations for Shelter Cove shall be in addition to regulations imposed by the principal zone, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulations most protective of archaeological resources shall apply. (Former Section CZ#A314-53(C))
16.2.4 Required Mitigation. Measures to mitigate adverse environmental effects of development within Special Archaeological Resources Areas for Shelter Cove shall include, but are not limited to, the following: (Former Section CZ#A314-53(D))
16.2.4.1Site planned improvements to avoid or mitigate impacts on archaeological sites; (Former Section CZ#A314-53(D)(1))
16.2.4.2Provide protective cover for sites that cannot be avoided; (Former Section CZ#A314-53(D)(2))
16.2.4.3Where appropriate and with concurrence of responsible agencies, the removal or transfer of culturally significant material by professional archaeologists shall be permitted. (Former Section CZ#A314-53(D)(3))
16.2.5 Procedures for Determining Required Mitigation. ¶
16.2.5.1Prior to final development approval or authorization, the County shall condition the Coastal Development Permit to include an agreement to stop work in the event of discovery of any archaeological resources during construction. Said agreement shall provide for work stoppage on the affected resource area until a qualified archaeologist can determine the significance of the resource and suggest appropriate mitigation measures. The agreement shall not require an applicant to stop work for a period in excess of five (5) days, but shall provide an assurance that opportunity for reasonable mitigation to be carried out will be provided in the event significant archaeological resources are encountered. (Former Section CZ#A314-53(E)(1))
16.2.5.2The stop work agreement requirement (see subsection 16.2.5.1) may be waived where responsible referral agencies have indicated such an agreement is not necessary or appropriate. (Former Section CZ#A314-53(E)(2))
16.2.5.3On lands designated “A” on the Shelter Cove Coastal Zoning Maps, the County shall, prior to authorization or approval of development, consult with representatives of the Northwest Information Center of the California Archaeological Inventory (NICCAI), Department of Anthropology, Sonoma State University, the Native American Heritage Commission (NAHC), any known interested Native Americans, and the Bureau of Land Management staff archaeologist assigned to the King Range Area. Such consultation shall be directed at determining whether or not the proposed project would adversely affect significant archaeological or cultural heritage resources. (Former Section CZ#A314-53(E)(3))
16.2.5.4Where the response to the above consultation provides substantial information which indicates that significant archaeological resources would be adversely affected, the County, where feasible, shall require the project to avoid the significant resources and to allow for permanent protection of such resources. (Former Section CZ#A314-53(E)(4))
16.2.5.5Where avoidance of such resources is not feasible, a plan of excavation shall be required to be prepared and carried out for the portions of the site that would be disturbed or covered by improvements such as foundations, drive-ways, and utility hookups. (Former Section CZ#A314-53(E)(5))
16.2.5.6The plan of excavation shall:
16.2.5.6.1Be prepared by a qualified archaeologist; (Former Section CZ#A314-53(E)(6)(a))
16.2.5.6.2Be compatible with preservation and recovery work on adjacent lots; (Former Section CZ#A314-53(E)(6)(b))
16.2.5.6.3Be based on a review of area specific literature; (Former Section CZ#A314-53(E)(6)(c))
16.2.5.6.4Be peer reviewed by the above-mentioned referral agencies; (Former Section CZ#A314-53(E)(6)(d))
16.2.5.6.5Be a brief summary of the excavation proposed as part of a mitigation plan; (Former Section CZ#A314-53(E)(6)(e))
16.2.5.6.6List and briefly discuss the important information the archaeological resources contain or are likely to contain; (Former Section CZ#A314-53(E)(6)(f))
16.2.5.6.7Explain how the information should be recorded to be useful in addressing scientifically valid research questions and other concerns identified in the plan prepared pursuant to this section; (Former Section CZ#A314-53(E)(6)(g))
16.2.5.6.8Explain the methods of analysis and, if feasible, display of excavated materials; (Former Section CZ#A314-53(E)(6)(h))
16.2.5.6.9Provide for final report preparation and distribution; (Former Section CZ#A314-53(E)(6)(i))
16.2.5.6.10Explain the estimated cost of and time required to complete all activities undertaken under the plan; and (Former Section CZ#A314-53(E)(6)(j))
16.2.5.6.11Be available for review only on a “need-to-know” basis. (Former Section CZ#A314-53(E)(6)(k))
16.2.5.7Where the cost of carrying out the excavation is neither feasible nor reasonable, the County shall determine the appropriate limits on mitigation in accordance with California Environmental Quality Act guidelines, as may be applicable at the time of project review. (Former Section CZ#A314-53(E)(7))
16.3 AP: AIRPORT SAFETY REVIEW ¶
16.3.1 Purpose. The purpose of these provisions is to establish regulations to maintain compatibility between proposed land uses and development and Humboldt County airports. (Former Section CZ#A314-50(A))
16.3.2 Applicability. These regulations shall apply: ¶
16.3.2.1To lands designated AP on the Zoning Maps that are described in Section 333, Chapter 3, Division 3, Title III, of the Humboldt County Code as clear zones, approach zones, transition zones, and beneath the flight track; or
16.3.2.2To lands identified in the Technical Report for the Humboldt County Airports Master Plan as appropriate for airport safety review zoning. (Former Section CZ#A314-50(B))
16.3.3 Permitted Land Use. The following Airport Safety Review Zoning Matrix table specifies the land uses that are permitted, and the type of permit required, when the AP - Airport Safety Review Zone is combined with a principal zone district. (Former Section CZ#A314-50(C))
16.3.4 Development Standards. In addition to the development standards of the applicable principal zone, the following standards shall apply whenever the AP - Airport Safety Review Zone is combined with the principal zone: (Former Section CZ#A314-50(D))
16.3.4.1No structure, tree, or other object shall be permitted to exceed the height limits established in Section 331, of the Humboldt County Code. (Former Section CZ#A314-50(D)(1))
16.3.4.2Buildings constructed over thirty-five (35) feet may be allowed if a Special Permit is obtained. (Former Section CZ#A314-50(D) (2))
16.3.4.3 Maximum Density in Approach Zones.
16.3.4.3.1The maximum density in an approach zone is one unit per three acres. A minimum of one dwelling unit (1du) per lawfully created lot is permitted, even if this density is exceeded, but a Special Permit is required. The Special Permit process shall be used to retain, to the maximum extent feasible, the contiguous open space in the approach zone. (Former Section CZ#A314-50(D)(3))
16.3.4.3.2Exceptions to the maximum density of one unit per three acres within an approach zone may be permitted subject to approval by the Director of the Department of Public Works, which approval shall occur during the Special Permit process. (Former Section CZ#A314-50(D)(3))
AIRPORT SAFETY REVIEW ZONE MATRIX
| AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX |
|---|---|---|---|---|---|
| Use | Clear Zone |
Approach Zone |
Transitional Zone |
Beneath Flight Track |
|
| Residential Use Types having an average density of less than ten dwelling unitsper acre(10du/a) |
SP | SP | A | A | |
| Residential Use Types having an average density of ten or more dwelling unitsper acre(10+du/a) |
NA | SP | SP | SP | |
| High Occupancy Use Types whether permanent or temporary and whether in or out of a structure which result in assemblages of more than 25 persons per acre (excludingstreets) |
NA | SP | A | A | |
| Structures | SP | A | A | A | |
| “NA” | Developments of this type are notpermitted uses in this zone. | ||||
| “SP” | Special Permit required. Review for consistency with Airport/Land Use SafetyCompatibilityCriteria. |
||||
| “A” | Use Permitted consistent withprincipal zone requirements. |
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16.1 A: ARCHAEOLOGICAL RESOURCE AREA OUTSIDE SHELTER COVE ¶
16.1.1 Purpose. The purpose of these regulations is to provide for reasonable mitigation measures where development would have an adverse impact upon archaeological and paleontological resources. (Former Section CZ#A314-52(A))
16.1.2 Applicability. These regulations shall apply to lands designated “A” on the Zoning Maps, except for the Shelter Cove area, which includes areas with great archaeological and paleontological value as identified by the State Historic Preservation Officer. (Also see, the section “Archaeological Resource Area Regulations for Shelter Cove”.) (Former Section CZ#A314-52(B))
16.1.3 Modifications Imposed by the Archaeological Resource Area Regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulation most protective of archaeological resources shall apply. (Former Section CZ#A314-52(C))
16.1.4 Required Mitigation. Measures to mitigate adverse environmental effects of development within Archaeological Resource Areas shall include, but are not limited to, the following: (Former Section CZ#A314-52(D))
16.1.4.1Relocate planned structures and roads to avoid or mitigate impacts on archaeological sites; (Former Section CZ#A314-52(D) (1))
16.1.4.2Provide protective cover for sites that cannot be avoided; (Former Section CZ#A314-52(D)(2))
16.1.4.3Where appropriate, and providing all parties concerned approve, the removal or transfer of culturally significant material by a professional archaeologist shall be permitted. (Former Section CZ#A314-52(D)(3))
16.1.5 Additional Requirements for the Protection of Native American Graves, Burial Grounds, Cemeteries and Ceremonial Sites. Notwithstanding the other provisions of this Chapter, whenever a development will involve activities which may adversely affect Native American graves, cemeteries, burial grounds, or ceremonial sites, the County will follow or impose the following requirements: (Former Section CZ#A314-52(E))
16.1.5.1 Consultation With Indian Associations. Prior to final approval or authorization of such development, the County shall consult with representatives of the Northwest Information Center of the California Archaeological Inventory (NICCAI), Department of Anthropology, Sonoma State University, and the Native American Heritage Commission (NAHC) and any known interested Native Americans. Such consultation will be directed to the questions of whether the project or operation will adversely affect Indian graves, cemeteries, burial grounds, or ceremonial sites, and whether there are reasonable alternative means of accomplishing the project or operation which would not adversely affect such graves, cemeteries, burial grounds or ceremonial sites. (Former Section CZ#A31452(E)(1))
16.1.5.2 Required Mitigation Action. Based upon the information and recommendations received during the review (see, subsection 16.1.5.1), the project application shall be acted on in a manner that provides the best feasible protection to cultural sites. (Former Section CZ#A314-52(E)(2))
16.2 A: SPECIAL ARCHAEOLOGICAL RESOURCE AREA REGULATIONS FOR SHELTER COVE
16.2.1 Purpose. The purpose of these regulations is to ensure that reasonable mitigation measures be required where development might have an adverse impact upon archaeological and paleontological resources in Shelter Cove. (Former Section CZ#A314-53(A))
16.2.2 Applicability. These regulations for Shelter Cove shall apply to lands designated “A” on the Zoning Maps in Shelter Cove, which include areas with significant archaeological and paleontological value as identified by the State Historic Preservation Officer. (Former Section CZ#A314-53(B))
16.2.3 Modifications Imposed by the Special Archaeological Resource Area Regulations for Shelter Cove. These regulations for Shelter Cove shall be in addition to regulations imposed by the principal zone, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulations most protective of archaeological resources shall apply. (Former Section CZ#A314-53(C))
16.2.4 Required Mitigation. Measures to mitigate adverse environmental effects of development within Special Archaeological Resources Areas for Shelter Cove shall include, but are not limited to, the following: (Former Section CZ#A314-53(D))
16.2.4.1Site planned improvements to avoid or mitigate impacts on archaeological sites; (Former Section CZ#A314-53(D)(1))
16.2.4.2Provide protective cover for sites that cannot be avoided; (Former Section CZ#A314-53(D)(2))
16.2.4.3Where appropriate and with concurrence of responsible agencies, the removal or transfer of culturally significant material by professional archaeologists shall be permitted. (Former Section CZ#A314-53(D)(3))
16.2.5 Procedures for Determining Required Mitigation. ¶
16.2.5.1Prior to final development approval or authorization, the County shall condition the Coastal Development Permit to include an agreement to stop work in the event of discovery of any archaeological resources during construction. Said agreement shall provide for work stoppage on the affected resource area until a qualified archaeologist can determine the significance of the resource and suggest appropriate mitigation measures. The agreement shall not require an applicant to stop work for a period in excess of five (5) days, but shall provide an assurance that opportunity for reasonable mitigation to be carried out will be provided in the event significant archaeological resources are encountered. (Former Section CZ#A314-53(E)(1))
16.2.5.2The stop work agreement requirement (see subsection 16.2.5.1) may be waived where responsible referral agencies have indicated such an agreement is not necessary or appropriate. (Former Section CZ#A314-53(E)(2))
16.2.5.3On lands designated “A” on the Shelter Cove Coastal Zoning Maps, the County shall, prior to authorization or approval of development, consult with representatives of the Northwest Information Center of the California Archaeological Inventory (NICCAI), Department of Anthropology, Sonoma State University, the Native American Heritage Commission (NAHC), any known interested Native Americans, and the Bureau of Land Management staff archaeologist assigned to the King Range Area. Such consultation shall be directed at determining whether or not the proposed project would adversely affect significant archaeological or cultural heritage resources. (Former Section CZ#A314-53(E)(3))
16.2.5.4Where the response to the above consultation provides substantial information which indicates that significant archaeological resources would be adversely affected, the County, where feasible, shall require the project to avoid the significant resources and to allow for permanent protection of such resources. (Former Section CZ#A314-53(E)(4))
16.2.5.5Where avoidance of such resources is not feasible, a plan of excavation shall be required to be prepared and carried out for the portions of the site that would be disturbed or covered by improvements such as foundations, drive-ways, and utility hookups. (Former Section CZ#A314-53(E)(5))
16.2.5.6The plan of excavation shall:
16.2.5.6.1Be prepared by a qualified archaeologist; (Former Section CZ#A314-53(E)(6)(a))
16.2.5.6.2Be compatible with preservation and recovery work on adjacent lots; (Former Section CZ#A314-53(E)(6)(b))
16.2.5.6.3Be based on a review of area specific literature; (Former Section CZ#A314-53(E)(6)(c))
16.2.5.6.4Be peer reviewed by the above-mentioned referral agencies; (Former Section CZ#A314-53(E)(6)(d))
16.2.5.6.5Be a brief summary of the excavation proposed as part of a mitigation plan; (Former Section CZ#A314-53(E)(6)(e))
16.2.5.6.6List and briefly discuss the important information the archaeological resources contain or are likely to contain; (Former Section CZ#A314-53(E)(6)(f))
16.2.5.6.7Explain how the information should be recorded to be useful in addressing scientifically valid research questions and other concerns identified in the plan prepared pursuant to this section; (Former Section CZ#A314-53(E)(6)(g))
16.2.5.6.8Explain the methods of analysis and, if feasible, display of excavated materials; (Former Section CZ#A314-53(E)(6)(h))
16.2.5.6.9Provide for final report preparation and distribution; (Former Section CZ#A314-53(E)(6)(i))
16.2.5.6.10Explain the estimated cost of and time required to complete all activities undertaken under the plan; and (Former Section CZ#A314-53(E)(6)(j))
16.2.5.6.11Be available for review only on a “need-to-know” basis. (Former Section CZ#A314-53(E)(6)(k))
16.2.5.7Where the cost of carrying out the excavation is neither feasible nor reasonable, the County shall determine the appropriate limits on mitigation in accordance with California Environmental Quality Act guidelines, as may be applicable at the time of project review. (Former Section CZ#A314-53(E)(7))
16.3 AP: AIRPORT SAFETY REVIEW ¶
16.3.1 Purpose. The purpose of these provisions is to establish regulations to maintain compatibility between proposed land uses and development and Humboldt County airports. (Former Section CZ#A314-50(A))
16.3.2 Applicability. These regulations shall apply: ¶
16.3.2.1To lands designated AP on the Zoning Maps that are described in Section 333, Chapter 3, Division 3, Title III, of the Humboldt County Code as clear zones, approach zones, transition zones, and beneath the flight track; or
16.3.2.2To lands identified in the Technical Report for the Humboldt County Airports Master Plan as appropriate for airport safety review zoning. (Former Section CZ#A314-50(B))
16.3.3 Permitted Land Use. The following Airport Safety Review Zoning Matrix table specifies the land uses that are permitted, and the type of permit required, when the AP - Airport Safety Review Zone is combined with a principal zone district. (Former Section CZ#A314-50(C))
16.3.4 Development Standards. In addition to the development standards of the applicable principal zone, the following standards shall apply whenever the AP - Airport Safety Review Zone is combined with the principal zone: (Former Section CZ#A314-50(D))
16.3.4.1No structure, tree, or other object shall be permitted to exceed the height limits established in Section 331, of the Humboldt County Code. (Former Section CZ#A314-50(D)(1))
16.3.4.2Buildings constructed over thirty-five (35) feet may be allowed if a Special Permit is obtained. (Former Section CZ#A314-50(D) (2))
16.3.4.3 Maximum Density in Approach Zones.
16.3.4.3.1The maximum density in an approach zone is one unit per three acres. A minimum of one dwelling unit (1du) per lawfully created lot is permitted, even if this density is exceeded, but a Special Permit is required. The Special Permit process shall be used to retain, to the maximum extent feasible, the contiguous open space in the approach zone. (Former Section CZ#A314-50(D)(3))
16.3.4.3.2Exceptions to the maximum density of one unit per three acres within an approach zone may be permitted subject to approval by the Director of the Department of Public Works, which approval shall occur during the Special Permit process. (Former Section CZ#A314-50(D)(3))
AIRPORT SAFETY REVIEW ZONE MATRIX
| AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX |
|---|---|---|---|---|---|
| Use | Clear Zone |
Approach Zone |
Transitional Zone |
Beneath Flight Track |
|
| Residential Use Types having an average density of less than ten dwelling unitsper acre(10du/a) |
SP | SP | A | A | |
| Residential Use Types having an average density of ten or more dwelling unitsper acre(10+du/a) |
NA | SP | SP | SP | |
| High Occupancy Use Types whether permanent or temporary and whether in or out of a structure which result in assemblages of more than 25 persons per acre (excludingstreets) |
NA | SP | A | A | |
| Structures | SP | A | A | A | |
| “NA” | Developments of this type are notpermitted uses in this zone. | ||||
| “SP” | Special Permit required. Review for consistency with Airport/Land Use SafetyCompatibilityCriteria. |
||||
| “A” | Use Permitted consistent withprincipal zone requirements. |
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16.1 A: ARCHAEOLOGICAL RESOURCE AREA OUTSIDE SHELTER COVE ¶
16.1.1 Purpose. The purpose of these regulations is to provide for reasonable mitigation measures where development would have an adverse impact upon archaeological and paleontological resources. (Former Section CZ#A314-52(A))
16.1.2 Applicability. These regulations shall apply to lands designated “A” on the Zoning Maps, except for the Shelter Cove area, which includes areas with great archaeological and paleontological value as identified by the State Historic Preservation Officer. (Also see, the section “Archaeological Resource Area Regulations for Shelter Cove”.) (Former Section CZ#A314-52(B))
16.1.3 Modifications Imposed by the Archaeological Resource Area Regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulation most protective of archaeological resources shall apply. (Former Section CZ#A314-52(C))
16.1.4 Required Mitigation. Measures to mitigate adverse environmental effects of development within Archaeological Resource Areas shall include, but are not limited to, the following: (Former Section CZ#A314-52(D))
16.1.4.1Relocate planned structures and roads to avoid or mitigate impacts on archaeological sites; (Former Section CZ#A314-52(D) (1))
16.1.4.2Provide protective cover for sites that cannot be avoided; (Former Section CZ#A314-52(D)(2))
16.1.4.3Where appropriate, and providing all parties concerned approve, the removal or transfer of culturally significant material by a professional archaeologist shall be permitted. (Former Section CZ#A314-52(D)(3))
16.1.5 Additional Requirements for the Protection of Native American Graves, Burial Grounds, Cemeteries and Ceremonial Sites. Notwithstanding the other provisions of this Chapter, whenever a development will involve activities which may adversely affect Native American graves, cemeteries, burial grounds, or ceremonial sites, the County will follow or impose the following requirements: (Former Section CZ#A314-52(E))
16.1.5.1 Consultation With Indian Associations. Prior to final approval or authorization of such development, the County shall consult with representatives of the Northwest Information Center of the California Archaeological Inventory (NICCAI), Department of Anthropology, Sonoma State University, and the Native American Heritage Commission (NAHC) and any known interested Native Americans. Such consultation will be directed to the questions of whether the project or operation will adversely affect Indian graves, cemeteries, burial grounds, or ceremonial sites, and whether there are reasonable alternative means of accomplishing the project or operation which would not adversely affect such graves, cemeteries, burial grounds or ceremonial sites. (Former Section CZ#A31452(E)(1))
16.1.5.2 Required Mitigation Action. Based upon the information and recommendations received during the review (see, subsection 16.1.5.1), the project application shall be acted on in a manner that provides the best feasible protection to cultural sites. (Former Section CZ#A314-52(E)(2))
16.2 A: SPECIAL ARCHAEOLOGICAL RESOURCE AREA REGULATIONS FOR SHELTER COVE
16.2.1 Purpose. The purpose of these regulations is to ensure that reasonable mitigation measures be required where development might have an adverse impact upon archaeological and paleontological resources in Shelter Cove. (Former Section CZ#A314-53(A))
16.2.2 Applicability. These regulations for Shelter Cove shall apply to lands designated “A” on the Zoning Maps in Shelter Cove, which include areas with significant archaeological and paleontological value as identified by the State Historic Preservation Officer. (Former Section CZ#A314-53(B))
16.2.3 Modifications Imposed by the Special Archaeological Resource Area Regulations for Shelter Cove. These regulations for Shelter Cove shall be in addition to regulations imposed by the principal zone, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulations most protective of archaeological resources shall apply. (Former Section CZ#A314-53(C))
16.2.4 Required Mitigation. Measures to mitigate adverse environmental effects of development within Special Archaeological Resources Areas for Shelter Cove shall include, but are not limited to, the following: (Former Section CZ#A314-53(D))
16.2.4.1Site planned improvements to avoid or mitigate impacts on archaeological sites; (Former Section CZ#A314-53(D)(1))
16.2.4.2Provide protective cover for sites that cannot be avoided; (Former Section CZ#A314-53(D)(2))
16.2.4.3Where appropriate and with concurrence of responsible agencies, the removal or transfer of culturally significant material by professional archaeologists shall be permitted. (Former Section CZ#A314-53(D)(3))
16.2.5 Procedures for Determining Required Mitigation. ¶
16.2.5.1Prior to final development approval or authorization, the County shall condition the Coastal Development Permit to include an agreement to stop work in the event of discovery of any archaeological resources during construction. Said agreement shall provide for work stoppage on the affected resource area until a qualified archaeologist can determine the significance of the resource and suggest appropriate mitigation measures. The agreement shall not require an applicant to stop work for a period in excess of five (5) days, but shall provide an assurance that opportunity for reasonable mitigation to be carried out will be provided in the event significant archaeological resources are encountered. (Former Section CZ#A314-53(E)(1))
16.2.5.2The stop work agreement requirement (see subsection 16.2.5.1) may be waived where responsible referral agencies have indicated such an agreement is not necessary or appropriate. (Former Section CZ#A314-53(E)(2))
16.2.5.3On lands designated “A” on the Shelter Cove Coastal Zoning Maps, the County shall, prior to authorization or approval of development, consult with representatives of the Northwest Information Center of the California Archaeological Inventory (NICCAI), Department of Anthropology, Sonoma State University, the Native American Heritage Commission (NAHC), any known interested Native Americans, and the Bureau of Land Management staff archaeologist assigned to the King Range Area. Such consultation shall be directed at determining whether or not the proposed project would adversely affect significant archaeological or cultural heritage resources. (Former Section CZ#A314-53(E)(3))
16.2.5.4Where the response to the above consultation provides substantial information which indicates that significant archaeological resources would be adversely affected, the County, where feasible, shall require the project to avoid the significant resources and to allow for permanent protection of such resources. (Former Section CZ#A314-53(E)(4))
16.2.5.5Where avoidance of such resources is not feasible, a plan of excavation shall be required to be prepared and carried out for the portions of the site that would be disturbed or covered by improvements such as foundations, drive-ways, and utility hookups. (Former Section CZ#A314-53(E)(5))
16.2.5.6The plan of excavation shall:
16.2.5.6.1Be prepared by a qualified archaeologist; (Former Section CZ#A314-53(E)(6)(a))
16.2.5.6.2Be compatible with preservation and recovery work on adjacent lots; (Former Section CZ#A314-53(E)(6)(b))
16.2.5.6.3Be based on a review of area specific literature; (Former Section CZ#A314-53(E)(6)(c))
16.2.5.6.4Be peer reviewed by the above-mentioned referral agencies; (Former Section CZ#A314-53(E)(6)(d))
16.2.5.6.5Be a brief summary of the excavation proposed as part of a mitigation plan; (Former Section CZ#A314-53(E)(6)(e))
16.2.5.6.6List and briefly discuss the important information the archaeological resources contain or are likely to contain; (Former Section CZ#A314-53(E)(6)(f))
16.2.5.6.7Explain how the information should be recorded to be useful in addressing scientifically valid research questions and other concerns identified in the plan prepared pursuant to this section; (Former Section CZ#A314-53(E)(6)(g))
16.2.5.6.8Explain the methods of analysis and, if feasible, display of excavated materials; (Former Section CZ#A314-53(E)(6)(h))
16.2.5.6.9Provide for final report preparation and distribution; (Former Section CZ#A314-53(E)(6)(i))
16.2.5.6.10Explain the estimated cost of and time required to complete all activities undertaken under the plan; and (Former Section CZ#A314-53(E)(6)(j))
16.2.5.6.11Be available for review only on a “need-to-know” basis. (Former Section CZ#A314-53(E)(6)(k))
16.2.5.7Where the cost of carrying out the excavation is neither feasible nor reasonable, the County shall determine the appropriate limits on mitigation in accordance with California Environmental Quality Act guidelines, as may be applicable at the time of project review. (Former Section CZ#A314-53(E)(7))
16.3 AP: AIRPORT SAFETY REVIEW ¶
16.3.1 Purpose. The purpose of these provisions is to establish regulations to maintain compatibility between proposed land uses and development and Humboldt County airports. (Former Section CZ#A314-50(A))
16.3.2 Applicability. These regulations shall apply: ¶
16.3.2.1To lands designated AP on the Zoning Maps that are described in Section 333, Chapter 3, Division 3, Title III, of the Humboldt County Code as clear zones, approach zones, transition zones, and beneath the flight track; or
16.3.2.2To lands identified in the Technical Report for the Humboldt County Airports Master Plan as appropriate for airport safety review zoning. (Former Section CZ#A314-50(B))
16.3.3 Permitted Land Use. The following Airport Safety Review Zoning Matrix table specifies the land uses that are permitted, and the type of permit required, when the AP - Airport Safety Review Zone is combined with a principal zone district. (Former Section CZ#A314-50(C))
16.3.4 Development Standards. In addition to the development standards of the applicable principal zone, the following standards shall apply whenever the AP - Airport Safety Review Zone is combined with the principal zone: (Former Section CZ#A314-50(D))
16.3.4.1No structure, tree, or other object shall be permitted to exceed the height limits established in Section 331, of the Humboldt County Code. (Former Section CZ#A314-50(D)(1))
16.3.4.2Buildings constructed over thirty-five (35) feet may be allowed if a Special Permit is obtained. (Former Section CZ#A314-50(D) (2))
16.3.4.3 Maximum Density in Approach Zones.
16.3.4.3.1The maximum density in an approach zone is one unit per three acres. A minimum of one dwelling unit (1du) per lawfully created lot is permitted, even if this density is exceeded, but a Special Permit is required. The Special Permit process shall be used to retain, to the maximum extent feasible, the contiguous open space in the approach zone. (Former Section CZ#A314-50(D)(3))
16.3.4.3.2Exceptions to the maximum density of one unit per three acres within an approach zone may be permitted subject to approval by the Director of the Department of Public Works, which approval shall occur during the Special Permit process. (Former Section CZ#A314-50(D)(3))
AIRPORT SAFETY REVIEW ZONE MATRIX
| AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX | AIRPORT SAFETY REVIEW ZONE MATRIX |
|---|---|---|---|---|---|
| Use | Clear Zone |
Approach Zone |
Transitional Zone |
Beneath Flight Track |
|
| Residential Use Types having an average density of less than ten dwelling unitsper acre(10du/a) |
SP | SP | A | A | |
| Residential Use Types having an average density of ten or more dwelling unitsper acre(10+du/a) |
NA | SP | SP | SP | |
| High Occupancy Use Types whether permanent or temporary and whether in or out of a structure which result in assemblages of more than 25 persons per acre (excludingstreets) |
NA | SP | A | A | |
| Structures | SP | A | A | A | |
| “NA” | Developments of this type are notpermitted uses in this zone. | ||||
| “SP” | Special Permit required. Review for consistency with Airport/Land Use SafetyCompatibilityCriteria. |
||||
| “A” | Use Permitted consistent withprincipal zone requirements. |
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17.1 B: BEACH AND DUNE AREAS ¶
17.1.1 Purpose. The purpose of these regulations is to ensure that any development permitted in coastal beach and dune areas, as designated in the Coastal Land Use Plan Resource Protection Maps, will not detract from the area’s natural resource value or their potential for providing recreational opportunity. (Former Section CZ#A314-58(A))
17.1.2 Applicability. These regulations shall apply to lands containing beaches or dunes, which are designated “B” on the Zoning Maps. (Former Section CZ#A314-58(B))
17.1.3 Modifications Imposed by the Dune and Beach Areas Regulations. These regulations shall be in addition to regulations imposed by the principal zone, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation most protective of beach and dune resources shall apply. (Former Section CZ#A314-58(C))
17.1.4 Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review development plans proposed within beaches and dunes areas. The Agency shall be requested to respond within ten (10) days of the referral, and shall be notified that a failure to respond will result in an assumption by the County that the Agency has no concerns or comments. (Former Section CZ#A314-58(D))
17.1.5 Restrictions on Permitted Development. Except as otherwise provided in this section, new development within designated Beach and Dune Areas that is also designated “Natural Resources (NR)” in the applicable Land Use Plan shall be restricted to the following: (Former Section CZ#A314-58(E))
17.1.5.1Nature study; (Former Section CZ#A314-58(E)(1))
17.1.5.2Fish and wildlife habitat management; (Former Section CZ#A314-58(E)(2))
17.1.5.3Hunting, fishing and development of minor facilities such as hunting or viewing blinds; (Former Section CZ#A314-58(E)(3))
17.1.5.4Access facilities; (Former Section CZ#A314-58(E)(4))
17.1.5.5Sand removal from unvegetated dunes for safety purposes or to protect existing development and agricultural lands; (Former Section CZ#A314-58(E)(5))
17.1.5.6Dredge spoils disposal; (Former Section CZ#A314-58(E)(6))
17.1.5.7The siting of the following facilities when there is no less environmentally damaging alternative, and environmental damage is minimized; (Former Section CZ#A314-58(E)(7))
17.1.5.7.1Electric distribution and water lines, and other utility lines; (Former Section CZ#A314-58(E)(7)(a))
17.1.5.7.2Underground utilities; (Former Section CZ#A314-58(E)(7)(b))
17.1.5.7.3Oil and gas pipelines; (Former Section CZ#A314-58(E)(7)(c))
17.1.5.7.4Pipeline construction for surf zone disposal of dredge spoils; (Former Section CZ#A314-58(E)(7)(d))
17.1.5.7.5Ocean outfall and intake pipelines; (Former Section CZ#A314-58(E)(7)(e))
17.1.5.7.6Public roadway projects consistent with the Coastal Land Use Plans. (Former Section CZ#A314-58(E)(7)(f))
17.1.6 Exceptions to Permitted Development Provisions. Notwithstanding the general provisions of this section, the following development is permitted in the specified geographic locations: (Former Section CZ#A314-58(F))
17.1.6.1Humboldt Bay Area Plan: Caretaker’s Residence - to be occupied by either the property owner or caretaker. (Former Section CZ#A314-58(F)(1))
17.1.6.2Parking Facilities for Coastal-Dependent Industrial Development: on the West side of New Navy Base Road, when located between the north end of the Eureka airstrip and Samoa and when public parking for access to the beach is also provided. (Former Section CZ#A314-58(F)(2))
17.1.7 Required Findings. Coastal Development Permits for Beach and Dune Areas shall be approved only if the applicable Resource Protection Impact Findings in Chapter 2 are made. (Former Section CZ#A314-58(G))
17.1.8 Required Mitigation. The following mitigation shall be required for all new developments within beach and dune areas: (Former Section CZ#A314-58(G))
17.1.8.1Minimize disturbance of vegetated dunes; (Former Section CZ#A314-58(G)(1))
17.1.8.2Replant vegetation in disturbed habitat areas; (Former Section CZ#A314-58(G)(2))
17.1.8.3Provide measures to control wind blown sand; and (Former Section CZ#A314-58(G)(3))
17.1.8.4If Menzie’s wallflowers are adversely impacted, the mitigation shall include protection, and if appropriate, restoration of Menzie’s wallflower habitat off of the project site. (Former Section CZ#A314-58(G)(4)) Your Selections
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17.1 B: BEACH AND DUNE AREAS ¶
17.1.1 Purpose. The purpose of these regulations is to ensure that any development permitted in coastal beach and dune areas, as designated in the Coastal Land Use Plan Resource Protection Maps, will not detract from the area’s natural resource value or their potential for providing recreational opportunity. (Former Section CZ#A314-58(A))
17.1.2 Applicability. These regulations shall apply to lands containing beaches or dunes, which are designated “B” on the Zoning Maps. (Former Section CZ#A314-58(B))
17.1.3 Modifications Imposed by the Dune and Beach Areas Regulations. These regulations shall be in addition to regulations imposed by the principal zone, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation most protective of beach and dune resources shall apply. (Former Section CZ#A314-58(C))
17.1.4 Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review development plans proposed within beaches and dunes areas. The Agency shall be requested to respond within ten (10) days of the referral, and shall be notified that a failure to respond will result in an assumption by the County that the Agency has no concerns or comments. (Former Section CZ#A314-58(D))
17.1.5 Restrictions on Permitted Development. Except as otherwise provided in this section, new development within designated Beach and Dune Areas that is also designated “Natural Resources (NR)” in the applicable Land Use Plan shall be restricted to the following: (Former Section CZ#A314-58(E))
17.1.5.1Nature study; (Former Section CZ#A314-58(E)(1))
17.1.5.2Fish and wildlife habitat management; (Former Section CZ#A314-58(E)(2))
17.1.5.3Hunting, fishing and development of minor facilities such as hunting or viewing blinds; (Former Section CZ#A314-58(E)(3))
17.1.5.4Access facilities; (Former Section CZ#A314-58(E)(4))
17.1.5.5Sand removal from unvegetated dunes for safety purposes or to protect existing development and agricultural lands; (Former Section CZ#A314-58(E)(5))
17.1.5.6Dredge spoils disposal; (Former Section CZ#A314-58(E)(6))
17.1.5.7The siting of the following facilities when there is no less environmentally damaging alternative, and environmental damage is minimized; (Former Section CZ#A314-58(E)(7))
17.1.5.7.1Electric distribution and water lines, and other utility lines; (Former Section CZ#A314-58(E)(7)(a))
17.1.5.7.2Underground utilities; (Former Section CZ#A314-58(E)(7)(b))
17.1.5.7.3Oil and gas pipelines; (Former Section CZ#A314-58(E)(7)(c))
17.1.5.7.4Pipeline construction for surf zone disposal of dredge spoils; (Former Section CZ#A314-58(E)(7)(d))
17.1.5.7.5Ocean outfall and intake pipelines; (Former Section CZ#A314-58(E)(7)(e))
17.1.5.7.6Public roadway projects consistent with the Coastal Land Use Plans. (Former Section CZ#A314-58(E)(7)(f))
17.1.6 Exceptions to Permitted Development Provisions. Notwithstanding the general provisions of this section, the following development is permitted in the specified geographic locations: (Former Section CZ#A314-58(F))
17.1.6.1Humboldt Bay Area Plan: Caretaker’s Residence - to be occupied by either the property owner or caretaker. (Former Section CZ#A314-58(F)(1))
17.1.6.2Parking Facilities for Coastal-Dependent Industrial Development: on the West side of New Navy Base Road, when located between the north end of the Eureka airstrip and Samoa and when public parking for access to the beach is also provided. (Former Section CZ#A314-58(F)(2))
17.1.7 Required Findings. Coastal Development Permits for Beach and Dune Areas shall be approved only if the applicable Resource Protection Impact Findings in Chapter 2 are made. (Former Section CZ#A314-58(G))
17.1.8 Required Mitigation. The following mitigation shall be required for all new developments within beach and dune areas: (Former Section CZ#A314-58(G))
17.1.8.1Minimize disturbance of vegetated dunes; (Former Section CZ#A314-58(G)(1))
17.1.8.2Replant vegetation in disturbed habitat areas; (Former Section CZ#A314-58(G)(2))
17.1.8.3Provide measures to control wind blown sand; and (Former Section CZ#A314-58(G)(3))
17.1.8.4If Menzie’s wallflowers are adversely impacted, the mitigation shall include protection, and if appropriate, restoration of Menzie’s wallflower habitat off of the project site. (Former Section CZ#A314-58(G)(4)) Your Selections
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18.1 C: COASTAL RESOURCE DEPENDENT ¶
18.1.1 Purpose. The purpose of these provisions is to establish regulations to protect coastal wetlands and to provide for the development of upland areas adjacent to wetlands consistent with resource protection, and where feasible, resource enhancement. (Former Section CZ#A314-55(A))
18.1.2 Applicability. These regulations shall apply to land designated “C” on the Zoning Maps. (Former Section CZ#A314-55(B))
18.1.3 Modifications Imposed by the Resource Dependent Area Regulations. These regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulation most protective of the wetland resources shall apply. (Former Section CZ#A314-55(C))
18.1.4 Principal Permitted Uses. Notwithstanding the regulations imposed by the principal zones, principal permitted development shall be limited to: (Former Section CZ#A314-55(D))
18.1.4.1Agricultural Use Type:
General Agriculture
18.1.4.2Industrial Use Type:
Aquaculture
18.1.4.3Natural Resource Use Types:
Coastal Access Facilities
Fish and Wildlife Habitat Management
Wetland Restoration
18.1.4.4Minor alterations or repairs to existing structures or facilities.
18.1.5 Conditionally Permitted Development in All Zones Combined with the Coastal Resource Dependent Zone. Conditionally permitted use types as provided in the Principal Zone (RM, CG, MC, etc.) may be permitted if consistent with Wetland Regulations and Transitional Agricultural Lands Regulations, as applicable. (Former Section CZ#A314-55(E))
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18.1 C: COASTAL RESOURCE DEPENDENT ¶
18.1.1 Purpose. The purpose of these provisions is to establish regulations to protect coastal wetlands and to provide for the development of upland areas adjacent to wetlands consistent with resource protection, and where feasible, resource enhancement. (Former Section CZ#A314-55(A))
18.1.2 Applicability. These regulations shall apply to land designated “C” on the Zoning Maps. (Former Section CZ#A314-55(B))
18.1.3 Modifications Imposed by the Resource Dependent Area Regulations. These regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, the regulation most protective of the wetland resources shall apply. (Former Section CZ#A314-55(C))
18.1.4 Principal Permitted Uses. Notwithstanding the regulations imposed by the principal zones, principal permitted development shall be limited to: (Former Section CZ#A314-55(D))
18.1.4.1Agricultural Use Type:
General Agriculture
18.1.4.2Industrial Use Type:
Aquaculture
18.1.4.3Natural Resource Use Types:
Coastal Access Facilities
Fish and Wildlife Habitat Management
Wetland Restoration
18.1.4.4Minor alterations or repairs to existing structures or facilities.
18.1.5 Conditionally Permitted Development in All Zones Combined with the Coastal Resource Dependent Zone. Conditionally permitted use types as provided in the Principal Zone (RM, CG, MC, etc.) may be permitted if consistent with Wetland Regulations and Transitional Agricultural Lands Regulations, as applicable. (Former Section CZ#A314-55(E))
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19.1 D: DESIGN REVIEW ¶
19.1.1 Purpose. The purpose of these regulations is to provide design review for conformance of new development with the policies and standards of the General Plan, and to provide for a design review process where neighborhoods within the same zone district desire to preserve or enhance the area’s historical, cultural or scenic values. (Former Section CZ#A314-57(A))
19.1.2 Applicability. These regulations shall apply to lands designated “D” on the Zoning Maps. Solar collectors for on-site use are exempt from the design review requirement of this section. (Former Section CZ#A314-57(B))
19.1.3 Special Permit Required. ¶
19.1.3.1A Special Permit is required for all development subject to these regulations (Former Section CZ#A314-57(C))
19.1.3.2The application for the permit shall be accompanied by a fee in the amount established by ordinance or resolution of the Board of Supervisors. (Former Section CZ#A314-57(C); Added by Ord. 1913, 10/30/90)
19.1.4 Appointment and Composition of the Design Review Committee. The Board of Supervisors may select any person(s) or organization who, in the opinion of the Board, is qualified to serve on the committee. Such person(s) must be devoid of any and all financial interest in the development application under consideration. The representatives of the Design Review Committee shall not exceed five (5) persons. In the absence of any Board of Supervisors’ approved representatives, the Director shall be the reviewing authority. (Former Section CZ#A314-57(D))
19.1.4.1There is hereby created a Samoa Design Review Committee, which shall consist of the following members:
Five (5) members, who shall be appointed by the Board of Supervisors. These members shall have demonstrated experience in historic preservation or cultural resource land use issues or other qualifications satisfactory to the Board.
The terms of the appointed members shall begin upon Board approval and shall be for five (5) years and may be renewed.
19.1.4.1.1 Authority and Responsibilities of the Samoa Design Review Committee.
The Samoa Design Review Committee shall:
19.1.4.1.1.1Review applications to alter or demolish all or part of any structure identified as a contributing historic structure in the Samoa Town Master Plan Master Environmental Impact Report.
19.1.4.1.1.2Adopt maximum times for its historic preservation review to be completed, which if exceeded, may be treated as no comment on a project.
19.1.4.1.2The SDRC shall, to the extent it deems appropriate, have the authority to:
19.1.4.1.2.1Make recommendations to the Humboldt County Planning Commission for discretionary projects or to the Planning Director for ministerial projects involving contributing historical structures for approval of or conditional approval of projects under review. These recommendations may include restrictions on the use of such property or requirements to retain historical characteristics. These recommendations shall be based on the application of the Secretary of the Interior’s Standards and Guidelines - for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Samoa Design Guidelines (Appendix A).
19.1.4.1.2.2Assist studies or programs designed to identify and evaluate structures, other physical features, sites, and areas which are worthy of preservation.
19.1.4.1.2.3Review projects for development of new structures for consistency with Samoa Design Guidelines and for compatibility with existing contributing historic structures.
19.1.4.1.2.4Inspect and investigate structures, other physical features, sites, and areas which are worthy of preservation.
19.1.4.1.2.5Consider methods other than those described above for encouraging and achieving preservation of worthy structures, other physical features, sites, and areas, including exploring means of financing the restoration or maintenance thereof.
19.1.4.1.2.6Make appropriate recommendations on the general subject of preservation to the Planning Commission, Board of Supervisors, other public and private agencies and bodies, and the general public.
19.1.4.1.2In the Absence of an appointed Samoa Design Review Committee
19.1.4.1.2.1 Historic Assessment Report required. In the absence of an appointed Samoa Design Review Committee, the Director will require a preliminary assessment report (Historic Assessment Study). This report shall be based on a visual examination of the property and historic research conducted by a professional historic resource consultant who then prepares a written report that contains their findings and recommendations. The report will also describe any further actions that might be needed to avoid or lessen development related impacts to any historical resources encountered.
19.1.4.1.2.2 Historic Assessment Study Contents. ¶
19.1.4.1.2.2.1Evidence of a full background literature search through the local depositories such as Humboldt County Historical Society, Humboldt State University Library, Humboldt County Library, etc.
19.1.4.1.2.2.2A brief description of the project parcel(s) and the expectations of the consultant at the onset of the inventory report;
19.1.4.1.2.2.3A clear description of the methods and results of the field inventory including rationale for surface coverage and a brief discussion of any historic resources encountered. This treatment should be patterned after the Secretary of the Interior’s Standards - and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm;
19.1.4.1.2.2.4A generally accurate map (7.5' USGS topographic, parcel map or engineers map) in a scale sufficient to show the intensity and coverage of the field inventory as well as the location of any resources encountered;
19.1.4.1.2.2.5A description and evaluation of any structures and a determination of whether or not they qualify as historical resources.
19.1.4.1.2.2.6If the resource is historic, provide recommended means to avoid or lessen development related impacts to any historical resources encountered on the parcel(s);
19.1.4.1.2.2.7The names of any local persons consulted during the preparation of the report;
19.1.4.1.2.2.8Statement of Qualifications (education, employment, field experience, previous reports and publications in historic resources). Qualification requirements used shall be the requirements used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR Part 61.
19.1.4.1.2.3 Performance Standard. Applicants should avoid impacts to historical resources where feasible. When this is not feasible, mitigation measures shall be incorporated into the project to lessen the impact of the project on these resources. Mitigation shall be in accordance with the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As - Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm , Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, the Samoa Design Guidelines and Appendix K of the State CEQA Guidelines.
19.1.4.1.2.4 Process. The recommendations of the Historic Assessment Report will serve as a substitute for recommendations from the Samoa Design Review Committee and will be used to address historic resource impacts in discretionary permit decisions and for CEQA compliance. (Ord. 2466, 12/6/2011)
(Ord. 2466, 12/6/2011)
19.1.5 Design Review Standards. Buildings, sites, structures, signs, landscaping, and similar development will be consistent with the policies of the General Plan and this division, and the Design Review Committee shall take the following items under consideration in reviewing development plans: (Former Section CZ#A314-57(E))
19.1.5.1The project is consistent and compatible with applicable elements of the General Plan. (Former Section CZ#A314-57(E)(1))
19.1.5.1.1Within designated Coastal Scenic Areas, as mapped, measures are included in the project design so that it will be subordinate to the character of the surrounding setting; (Former Section CZ#A314-57(E)(1)(a))
19.1.5.1.2Within designated Coastal View Areas, as mapped, and where views from the public roads to the coast or coastal waterways are of concern, the height, width, and siting of structures, including setbacks from roads and parcel lines will be considered to retain as much of the existing view as possible. Views from public trails, beaches, or public recreation areas into the development site will also be considered. (Former Section CZ#A314-57(E)(1)(b))
19.1.5.1.3Within Shelter Cove designated Coastal View areas, building heights may be increased one foot (1') for each two (2) feet of total additional side yard that is provided in excess of the required five (5) feet side yards, to a maximum allowable height of twentyfour (24) feet; or, in order to provide an alternate method of providing view corridors, one side yard may be reduced to a minimum of zero (0) feet where: (Former Section CZ#A314-57(E)(1)(C))
19.1.5.1.3.1The opposite side yard provided equals ten(10) feet; and (Former Section CZ#A314-57(E)(1)(C)(i))
19.1.8.1.1.1The adjacent property owner along the side yard being reduced agrees to a similar reduction along the common lot line; and (Former Section CZ#A314-57(E)(1)(C)(ii))
19.1.5.1.3.3The adjacent dwellings can meet building and energy code requirements for structures which are separated by less than ten (10) feet. (Former Section CZ#A314-57(E)(1)(C)(iii))
19.1.5.2Protection of natural land forms through minimizing alterations caused by cutting, filling, grading or clearing, except to comply with fire hazard reduction laws. (Former Section CZ#A314-57(E)(2); Amended by Ord. 1913, 10/30/90)
19.1.5.3Exterior lighting that will be compatible with the surrounding setting and will not be directed beyond the boundaries of the parcel. (Former Section CZ#A314-57(E)(3))
19.1.5.4Screening or softening the visual impact of new development through the use of vegetative plantings. If appropriate, species common to the area should be used. Known fire resistive plants should be considered where appropriate. (Former Section CZ#A31457(E)(4); Amended by Ord. 1913, 10/30/90)
19.1.5.5Where feasible, new utilities should be underground. When above-ground facilities are the only feasible alternative, they should be sited as unobtrusively as possible. (Former Section CZ#A314-57(E)(5))
19.1.5.6Setbacks from roads and property lines are appropriate to protect the scenic and visual qualities of the site and area. (Former Section CZ#A314-57(E)(6))
19.1.5.7Off-premises signs, which are needed to direct visitors to permitted commercial recreation areas should be attractively designed in keeping with the surrounding setting and clustered at appropriate locations. (Former Section CZ#A314-57(E)(7))
19.1.6 Restrictions Applicable Within Designated Coastal View Areas. Within Coastal View Areas, as designated by the General Plan, new off-site signs are prohibited. (Former Section CZ#A314-57(F))
19.1.7 Required Findings for Designated Coastal Scenic and Coastal View Areas. A Coastal Development Permit for development located within a designated Coastal Scenic or Coastal View Area shall only be approved if the applicable Resource Protection Impact Findings of Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-57(G))
19.1.8 Additional Standards Applicable to Shelter Cove Portions of South Coast Area Plan. (Former Section CZ#A314-57(H); Added by Ord. 1913, 10/30/90)
19.1.8.1 Building Structural Design Standards. ¶
19.1.8.1.1Residences must be constructed to a minimum width of twenty (20) feet at the narrowest point, as measured from exterior wall to exterior wall, to be compatible with existing residences. (Former Section CZ#A314-57(H)(1)(a); Added by Ord. 10/30/90)
19.1.8.1.2Foundations must be designed to meet the Uniform Building Code requirements of seismic zone IV. All structures that require a building permit, including but not limited to manufactured homes, shall be attached to continuous perimeter foundations meeting the seismic zone IV standards. Engineered pole structures where a continuous perimeter foundation is not feasible due to slopes or site conditions shall be exempt from this provision. (Former Section CZ#A314-57(H)(1)(b); Added by Ord. 1913, 10/30/90)
19.1.8.1.3A minimum roof overhang of twelve (12) inches (not including rain gutters) must be provided on all residences. This overhang is to be an integral part of the structure. Gable ends may be excluded when approved as part of the design review process. (Former Section CZ#A314-57(H)(1)(c); Added by Ord. 1913, 10/30/90)
19.1.8.1.4Exterior walls and roofing materials of unfinished metal or galvanized metal are prohibited. The exterior finish of any metal material must have a manufacturer’s warranty certifying a minimum life of fifteen years (15yr). Flammable roofing material such as wood shakes or shingles are not recommended. (Former Section CZ#A314-57(H)(1)(d); Added by Ord. 1913, 10/30/90)
19.1.9 Additional Standards Applicable to Samoa Portions of Humboldt Bay Area Plan.
19.1.9.1Standards for Alterations and Demolitions
19.1.9.1.1No contributing structure shall be demolished unless the County makes one (1) of the following findings, following notice and hearings to the extent required under existing regulations.
19.1.9.1.1.1The property is unsafe or a hazard to the pubic as a result of an unforeseen event such as a fire or earthquake; or
19.1.9.1.1.2Taking into account the potential value to the owner of the property of all available County accommodations and incentives (including without limitation transferable development rights, zoning ordinance modifications, alternative building code standards or provisions, loans, grants, reimbursements and tax reductions) either:
19.1.9.1.1.2.1The current or most recent use of the property is not permitted under the current planning code (except as a nonconforming use) and adaptive reuse is not economically feasible;
19.1.9.1.1.2.2The adverse impact on the owner of the property is unreasonably large in comparison to the public benefit from denying demolition; or
19.1.9.1.1.2.3Denying permission to demolish would result in a taking or would violate state or federal law; or
19.1.9.1.1.2.4Demolition must be allowed pursuant to the State Housing Law (Cal. Health and Safety Code Sections 17900 et seq.) or other applicable state or federal law.
19.1.9.1.2Conditions may be imposed on demolition to the extent authorized by any other applicable law or this chapter including without limitation the following:
19.1.9.1.2.1Documentation may be required of any structure to be demolished and/or for the property;
19.1.9.1.2.2Historic Preservation Review and Planning Commission approval may be required for any subsequent development of the property;
19.1.9.1.2.3Demolition may be delayed for up to 90 days to allow time to identify a prospective buyer for the property, to identify a third party interested in relocating the affected structure or to allow the County to determine whether to begin eminent domain procedures, and for up to an additional 90 days to allow completion of the purchase or relocation or commencement of a judicial condemnation acting, if, within the initial 90 days a buyer or third party is identified of the County determines to begin eminent domain procedures. In the case of purchase or relocation by a third party, demolition may be denied where a third party is willing and able to purchase the property or relocate the structure within the time established by this subdivision is identified and makes a bona fide offer to purchase the property or structure at fair market value, as determined by appraisal.
19.1.9.1.2.4With respect to demolition of a structure within the Samoa town site, the County shall take into account the importance of an affected structure to the integrity of other existing historic resources, and may: limit the size of new development to that of the existing structure; require that the scale of new development be harmonious with other structures which contribute to historic character; require retention or reconstruction of one (1) or more facades; and/or require that any replacement structure be of like kind or quality to the demolished structure and contribute to the integrity of the existing historic structure.
19.1.9.1.3No contributing historic structure shall be altered unless the alteration is approved by the County pursuant to this chapter. The Samoa Design Review Committee shall follow the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND - HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Samoa Design Guidelines (Appendix A) for alterations and review of alteration applications, applicable specifically to designated properties. Except to the extent such guidelines provide differently, a proposed alteration shall be considered in light of its effect on the existing character of the affected structure as it relates to the streetscape. (Ord. 2466, 12/6/2011) Your Selections
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19.1 D: DESIGN REVIEW ¶
19.1.1 Purpose. The purpose of these regulations is to provide design review for conformance of new development with the policies and standards of the General Plan, and to provide for a design review process where neighborhoods within the same zone district desire to preserve or enhance the area’s historical, cultural or scenic values. (Former Section CZ#A314-57(A))
19.1.2 Applicability. These regulations shall apply to lands designated “D” on the Zoning Maps. Solar collectors for on-site use are exempt from the design review requirement of this section. (Former Section CZ#A314-57(B))
19.1.3 Special Permit Required. ¶
19.1.3.1A Special Permit is required for all development subject to these regulations (Former Section CZ#A314-57(C))
19.1.3.2The application for the permit shall be accompanied by a fee in the amount established by ordinance or resolution of the Board of Supervisors. (Former Section CZ#A314-57(C); Added by Ord. 1913, 10/30/90)
19.1.4 Appointment and Composition of the Design Review Committee. The Board of Supervisors may select any person(s) or organization who, in the opinion of the Board, is qualified to serve on the committee. Such person(s) must be devoid of any and all financial interest in the development application under consideration. The representatives of the Design Review Committee shall not exceed five (5) persons. In the absence of any Board of Supervisors’ approved representatives, the Director shall be the reviewing authority. (Former Section CZ#A314-57(D))
19.1.4.1There is hereby created a Samoa Design Review Committee, which shall consist of the following members:
Five (5) members, who shall be appointed by the Board of Supervisors. These members shall have demonstrated experience in historic preservation or cultural resource land use issues or other qualifications satisfactory to the Board.
The terms of the appointed members shall begin upon Board approval and shall be for five (5) years and may be renewed.
19.1.4.1.1 Authority and Responsibilities of the Samoa Design Review Committee.
The Samoa Design Review Committee shall:
19.1.4.1.1.1Review applications to alter or demolish all or part of any structure identified as a contributing historic structure in the Samoa Town Master Plan Master Environmental Impact Report.
19.1.4.1.1.2Adopt maximum times for its historic preservation review to be completed, which if exceeded, may be treated as no comment on a project.
19.1.4.1.2The SDRC shall, to the extent it deems appropriate, have the authority to:
19.1.4.1.2.1Make recommendations to the Humboldt County Planning Commission for discretionary projects or to the Planning Director for ministerial projects involving contributing historical structures for approval of or conditional approval of projects under review. These recommendations may include restrictions on the use of such property or requirements to retain historical characteristics. These recommendations shall be based on the application of the Secretary of the Interior’s Standards and Guidelines - for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Samoa Design Guidelines (Appendix A).
19.1.4.1.2.2Assist studies or programs designed to identify and evaluate structures, other physical features, sites, and areas which are worthy of preservation.
19.1.4.1.2.3Review projects for development of new structures for consistency with Samoa Design Guidelines and for compatibility with existing contributing historic structures.
19.1.4.1.2.4Inspect and investigate structures, other physical features, sites, and areas which are worthy of preservation.
19.1.4.1.2.5Consider methods other than those described above for encouraging and achieving preservation of worthy structures, other physical features, sites, and areas, including exploring means of financing the restoration or maintenance thereof.
19.1.4.1.2.6Make appropriate recommendations on the general subject of preservation to the Planning Commission, Board of Supervisors, other public and private agencies and bodies, and the general public.
19.1.4.1.2In the Absence of an appointed Samoa Design Review Committee
19.1.4.1.2.1 Historic Assessment Report required. In the absence of an appointed Samoa Design Review Committee, the Director will require a preliminary assessment report (Historic Assessment Study). This report shall be based on a visual examination of the property and historic research conducted by a professional historic resource consultant who then prepares a written report that contains their findings and recommendations. The report will also describe any further actions that might be needed to avoid or lessen development related impacts to any historical resources encountered.
19.1.4.1.2.2 Historic Assessment Study Contents. ¶
19.1.4.1.2.2.1Evidence of a full background literature search through the local depositories such as Humboldt County Historical Society, Humboldt State University Library, Humboldt County Library, etc.
19.1.4.1.2.2.2A brief description of the project parcel(s) and the expectations of the consultant at the onset of the inventory report;
19.1.4.1.2.2.3A clear description of the methods and results of the field inventory including rationale for surface coverage and a brief discussion of any historic resources encountered. This treatment should be patterned after the Secretary of the Interior’s Standards - and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm;
19.1.4.1.2.2.4A generally accurate map (7.5' USGS topographic, parcel map or engineers map) in a scale sufficient to show the intensity and coverage of the field inventory as well as the location of any resources encountered;
19.1.4.1.2.2.5A description and evaluation of any structures and a determination of whether or not they qualify as historical resources.
19.1.4.1.2.2.6If the resource is historic, provide recommended means to avoid or lessen development related impacts to any historical resources encountered on the parcel(s);
19.1.4.1.2.2.7The names of any local persons consulted during the preparation of the report;
19.1.4.1.2.2.8Statement of Qualifications (education, employment, field experience, previous reports and publications in historic resources). Qualification requirements used shall be the requirements used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR Part 61.
19.1.4.1.2.3 Performance Standard. Applicants should avoid impacts to historical resources where feasible. When this is not feasible, mitigation measures shall be incorporated into the project to lessen the impact of the project on these resources. Mitigation shall be in accordance with the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As - Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm , Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, the Samoa Design Guidelines and Appendix K of the State CEQA Guidelines.
19.1.4.1.2.4 Process. The recommendations of the Historic Assessment Report will serve as a substitute for recommendations from the Samoa Design Review Committee and will be used to address historic resource impacts in discretionary permit decisions and for CEQA compliance. (Ord. 2466, 12/6/2011)
(Ord. 2466, 12/6/2011)
19.1.5 Design Review Standards. Buildings, sites, structures, signs, landscaping, and similar development will be consistent with the policies of the General Plan and this division, and the Design Review Committee shall take the following items under consideration in reviewing development plans: (Former Section CZ#A314-57(E))
19.1.5.1The project is consistent and compatible with applicable elements of the General Plan. (Former Section CZ#A314-57(E)(1))
19.1.5.1.1Within designated Coastal Scenic Areas, as mapped, measures are included in the project design so that it will be subordinate to the character of the surrounding setting; (Former Section CZ#A314-57(E)(1)(a))
19.1.5.1.2Within designated Coastal View Areas, as mapped, and where views from the public roads to the coast or coastal waterways are of concern, the height, width, and siting of structures, including setbacks from roads and parcel lines will be considered to retain as much of the existing view as possible. Views from public trails, beaches, or public recreation areas into the development site will also be considered. (Former Section CZ#A314-57(E)(1)(b))
19.1.5.1.3Within Shelter Cove designated Coastal View areas, building heights may be increased one foot (1') for each two (2) feet of total additional side yard that is provided in excess of the required five (5) feet side yards, to a maximum allowable height of twentyfour (24) feet; or, in order to provide an alternate method of providing view corridors, one side yard may be reduced to a minimum of zero (0) feet where: (Former Section CZ#A314-57(E)(1)(C))
19.1.5.1.3.1The opposite side yard provided equals ten(10) feet; and (Former Section CZ#A314-57(E)(1)(C)(i))
19.1.8.1.1.1The adjacent property owner along the side yard being reduced agrees to a similar reduction along the common lot line; and (Former Section CZ#A314-57(E)(1)(C)(ii))
19.1.5.1.3.3The adjacent dwellings can meet building and energy code requirements for structures which are separated by less than ten (10) feet. (Former Section CZ#A314-57(E)(1)(C)(iii))
19.1.5.2Protection of natural land forms through minimizing alterations caused by cutting, filling, grading or clearing, except to comply with fire hazard reduction laws. (Former Section CZ#A314-57(E)(2); Amended by Ord. 1913, 10/30/90)
19.1.5.3Exterior lighting that will be compatible with the surrounding setting and will not be directed beyond the boundaries of the parcel. (Former Section CZ#A314-57(E)(3))
19.1.5.4Screening or softening the visual impact of new development through the use of vegetative plantings. If appropriate, species common to the area should be used. Known fire resistive plants should be considered where appropriate. (Former Section CZ#A31457(E)(4); Amended by Ord. 1913, 10/30/90)
19.1.5.5Where feasible, new utilities should be underground. When above-ground facilities are the only feasible alternative, they should be sited as unobtrusively as possible. (Former Section CZ#A314-57(E)(5))
19.1.5.6Setbacks from roads and property lines are appropriate to protect the scenic and visual qualities of the site and area. (Former Section CZ#A314-57(E)(6))
19.1.5.7Off-premises signs, which are needed to direct visitors to permitted commercial recreation areas should be attractively designed in keeping with the surrounding setting and clustered at appropriate locations. (Former Section CZ#A314-57(E)(7))
19.1.6 Restrictions Applicable Within Designated Coastal View Areas. Within Coastal View Areas, as designated by the General Plan, new off-site signs are prohibited. (Former Section CZ#A314-57(F))
19.1.7 Required Findings for Designated Coastal Scenic and Coastal View Areas. A Coastal Development Permit for development located within a designated Coastal Scenic or Coastal View Area shall only be approved if the applicable Resource Protection Impact Findings of Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-57(G))
19.1.8 Additional Standards Applicable to Shelter Cove Portions of South Coast Area Plan. (Former Section CZ#A314-57(H); Added by Ord. 1913, 10/30/90)
19.1.8.1 Building Structural Design Standards. ¶
19.1.8.1.1Residences must be constructed to a minimum width of twenty (20) feet at the narrowest point, as measured from exterior wall to exterior wall, to be compatible with existing residences. (Former Section CZ#A314-57(H)(1)(a); Added by Ord. 10/30/90)
19.1.8.1.2Foundations must be designed to meet the Uniform Building Code requirements of seismic zone IV. All structures that require a building permit, including but not limited to manufactured homes, shall be attached to continuous perimeter foundations meeting the seismic zone IV standards. Engineered pole structures where a continuous perimeter foundation is not feasible due to slopes or site conditions shall be exempt from this provision. (Former Section CZ#A314-57(H)(1)(b); Added by Ord. 1913, 10/30/90)
19.1.8.1.3A minimum roof overhang of twelve (12) inches (not including rain gutters) must be provided on all residences. This overhang is to be an integral part of the structure. Gable ends may be excluded when approved as part of the design review process. (Former Section CZ#A314-57(H)(1)(c); Added by Ord. 1913, 10/30/90)
19.1.8.1.4Exterior walls and roofing materials of unfinished metal or galvanized metal are prohibited. The exterior finish of any metal material must have a manufacturer’s warranty certifying a minimum life of fifteen years (15yr). Flammable roofing material such as wood shakes or shingles are not recommended. (Former Section CZ#A314-57(H)(1)(d); Added by Ord. 1913, 10/30/90)
19.1.9 Additional Standards Applicable to Samoa Portions of Humboldt Bay Area Plan.
19.1.9.1Standards for Alterations and Demolitions
19.1.9.1.1No contributing structure shall be demolished unless the County makes one (1) of the following findings, following notice and hearings to the extent required under existing regulations.
19.1.9.1.1.1The property is unsafe or a hazard to the pubic as a result of an unforeseen event such as a fire or earthquake; or
19.1.9.1.1.2Taking into account the potential value to the owner of the property of all available County accommodations and incentives (including without limitation transferable development rights, zoning ordinance modifications, alternative building code standards or provisions, loans, grants, reimbursements and tax reductions) either:
19.1.9.1.1.2.1The current or most recent use of the property is not permitted under the current planning code (except as a nonconforming use) and adaptive reuse is not economically feasible;
19.1.9.1.1.2.2The adverse impact on the owner of the property is unreasonably large in comparison to the public benefit from denying demolition; or
19.1.9.1.1.2.3Denying permission to demolish would result in a taking or would violate state or federal law; or
19.1.9.1.1.2.4Demolition must be allowed pursuant to the State Housing Law (Cal. Health and Safety Code Sections 17900 et seq.) or other applicable state or federal law.
19.1.9.1.2Conditions may be imposed on demolition to the extent authorized by any other applicable law or this chapter including without limitation the following:
19.1.9.1.2.1Documentation may be required of any structure to be demolished and/or for the property;
19.1.9.1.2.2Historic Preservation Review and Planning Commission approval may be required for any subsequent development of the property;
19.1.9.1.2.3Demolition may be delayed for up to 90 days to allow time to identify a prospective buyer for the property, to identify a third party interested in relocating the affected structure or to allow the County to determine whether to begin eminent domain procedures, and for up to an additional 90 days to allow completion of the purchase or relocation or commencement of a judicial condemnation acting, if, within the initial 90 days a buyer or third party is identified of the County determines to begin eminent domain procedures. In the case of purchase or relocation by a third party, demolition may be denied where a third party is willing and able to purchase the property or relocate the structure within the time established by this subdivision is identified and makes a bona fide offer to purchase the property or structure at fair market value, as determined by appraisal.
19.1.9.1.2.4With respect to demolition of a structure within the Samoa town site, the County shall take into account the importance of an affected structure to the integrity of other existing historic resources, and may: limit the size of new development to that of the existing structure; require that the scale of new development be harmonious with other structures which contribute to historic character; require retention or reconstruction of one (1) or more facades; and/or require that any replacement structure be of like kind or quality to the demolished structure and contribute to the integrity of the existing historic structure.
19.1.9.1.3No contributing historic structure shall be altered unless the alteration is approved by the County pursuant to this chapter. The Samoa Design Review Committee shall follow the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND - HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Samoa Design Guidelines (Appendix A) for alterations and review of alteration applications, applicable specifically to designated properties. Except to the extent such guidelines provide differently, a proposed alteration shall be considered in light of its effect on the existing character of the affected structure as it relates to the streetscape. (Ord. 2466, 12/6/2011) Your Selections
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20.1 E: COASTAL ELK HABITAT ¶
20.1.1 Purpose. The purpose of these regulations is to ensure that development within elk habitat is compatible with such habitat areas and is sited and designed to mitigate impacts which would significantly degrade such habitat. (Former Section CZ#A314-54(A))
20.1.2 Applicability. These regulations shall apply to all lands designated “E” on the Zoning Maps. (Former Section CZ#A314-54(B))
20.1.3 Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review proposed development plans within coastal elk habitat areas. The Agency shall be requested to respond within ten (10) working days of the referral. (Former Section CZ#A314-54(C))
20.1.4 Required Findings. A Coastal Development Permit for lands within coastal elk habitat areas shall be approved only if the applicable Resource Protection Impact Findings in Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-54(D))
20.1.5 Required Mitigation. All development within coastal elk habitat areas shall be sited and designed so as to mitigate the impacts which would significantly degrade such habitat areas. (Former Section CZ#A314-54(E))
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20.1 E: COASTAL ELK HABITAT ¶
20.1.1 Purpose. The purpose of these regulations is to ensure that development within elk habitat is compatible with such habitat areas and is sited and designed to mitigate impacts which would significantly degrade such habitat. (Former Section CZ#A314-54(A))
20.1.2 Applicability. These regulations shall apply to all lands designated “E” on the Zoning Maps. (Former Section CZ#A314-54(B))
20.1.3 Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review proposed development plans within coastal elk habitat areas. The Agency shall be requested to respond within ten (10) working days of the referral. (Former Section CZ#A314-54(C))
20.1.4 Required Findings. A Coastal Development Permit for lands within coastal elk habitat areas shall be approved only if the applicable Resource Protection Impact Findings in Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-54(D))
20.1.5 Required Mitigation. All development within coastal elk habitat areas shall be sited and designed so as to mitigate the impacts which would significantly degrade such habitat areas. (Former Section CZ#A314-54(E))
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21.1 F: FLOOD HAZARD AREAS ¶
21.1.1 Purpose. The purpose of these regulations is to minimize public and private losses due to flood and tsunami conditions in specific areas of the County. (Former Section CZ#A314-59(A))
21.1.2 Applicability. These regulations shall apply to all areas designated “F” on the Zoning Maps and to all lands situated within the areas of special flood hazard as identified on the Federal Insurance Administration’s Federal Insurance Rate Maps (FIRM) for Humboldt County. As applicable, these regulations also apply to all lands located below the level of the 100-year tsunami run-up elevations described in Tsunami Predictions for the West Coast of the Continental United States (Technical Report H-78-26 by the Army Corps of Engineers). (Former Section CZ#A314-59(B))
21.1.3 Modifications Imposed by Flood Hazard Regulations. These regulations shall be in addition to the requirements imposed by the principal zones, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations the most restrictive regulation shall apply. (Former Section CZ#A314-59(C))
21.1.4 Prohibited New Development within the 100-Year Floodway and Flood Plain. New development within the 100-year floodway and flood plain shall be restricted as follows: (Former Section CZ#A314-59(D))
21.1.4.1Within designated floodways the following is prohibited: (Former Section CZ#A314-59(D)(1))
21.1.4.1.1Residential Use Type:
Manufactured Home Parks
21.1.4.1.2Within both designated floodways and flood plains the following use types are prohibited: (Former Section CZ#A314-59(D) (2))
21.1.4.2.1Civic Use Types:
Essential Services
Health Care Services
Extensive Impact Civic Use
Solid Waste Disposal
21.1.4.2.2Industrial Use Type:
Hazardous Industrial
21.1.5 Permitted Development in Tsunami Run-up Areas. New development below the level of the 100-year tsunami run-up elevation shall be limited to public access, boating, and public recreation facilities, agriculture, wildlife management, habitat restoration, ocean outtakes and infalls, pipelines, and dredge spoils disposal. (Former Section CZ#A314-59(E))
Note: Any development must also conform with the County flood hazard regulations in Title III, Division 3, Chapter 5 of the Humboldt County Code.313-22
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21.1 F: FLOOD HAZARD AREAS ¶
21.1.1 Purpose. The purpose of these regulations is to minimize public and private losses due to flood and tsunami conditions in specific areas of the County. (Former Section CZ#A314-59(A))
21.1.2 Applicability. These regulations shall apply to all areas designated “F” on the Zoning Maps and to all lands situated within the areas of special flood hazard as identified on the Federal Insurance Administration’s Federal Insurance Rate Maps (FIRM) for Humboldt County. As applicable, these regulations also apply to all lands located below the level of the 100-year tsunami run-up elevations described in Tsunami Predictions for the West Coast of the Continental United States (Technical Report H-78-26 by the Army Corps of Engineers). (Former Section CZ#A314-59(B))
21.1.3 Modifications Imposed by Flood Hazard Regulations. These regulations shall be in addition to the requirements imposed by the principal zones, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations the most restrictive regulation shall apply. (Former Section CZ#A314-59(C))
21.1.4 Prohibited New Development within the 100-Year Floodway and Flood Plain. New development within the 100-year floodway and flood plain shall be restricted as follows: (Former Section CZ#A314-59(D))
21.1.4.1Within designated floodways the following is prohibited: (Former Section CZ#A314-59(D)(1))
21.1.4.1.1Residential Use Type:
Manufactured Home Parks
21.1.4.1.2Within both designated floodways and flood plains the following use types are prohibited: (Former Section CZ#A314-59(D) (2))
21.1.4.2.1Civic Use Types:
Essential Services
Health Care Services
Extensive Impact Civic Use
Solid Waste Disposal
21.1.4.2.2Industrial Use Type:
Hazardous Industrial
21.1.5 Permitted Development in Tsunami Run-up Areas. New development below the level of the 100-year tsunami run-up elevation shall be limited to public access, boating, and public recreation facilities, agriculture, wildlife management, habitat restoration, ocean outtakes and infalls, pipelines, and dredge spoils disposal. (Former Section CZ#A314-59(E))
Note: Any development must also conform with the County flood hazard regulations in Title III, Division 3, Chapter 5 of the Humboldt County Code.313-22
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22.1 G: ALQUIST-PRIOLO FAULT HAZARD ¶
22.1.1 Purpose. The purpose of these provisions is to implement the Alquist-Priolo Special Studies Zones Act (Public Resources Code, Section 2621 and following) in order to address potential hazards resulting from surface faulting or fault creep. (Former Section CZ#A314-51(A))
22.1.2 Applicability of the Alquist-Priolo Fault Hazard Regulations. The Alquist-Priolo Fault Hazard Regulations shall apply to lands which are designated “G” on the Zoning Maps, and which are within Special Studies Zones delineated on maps by the State Geologist. Regardless of the designation on the zoning maps, these regulations shall also apply to lands located within Special Study Zones delineated on the most recent maps that are officially adopted, revised or issued by the State Geologist. (Former Section CZ#A31451(B))
22.1.3 Modifications Imposed by the Alquist-Priolo Fault Hazard Regulations. The provisions of the Alquist-Priolo Fault Hazard Regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. In the event of any conflict or inconsistency between these provisions and any other applicable provisions of the code, the most restrictive provisions shall apply in order to provide the greatest protection against fault hazards. (Former Section CZ#A314-51(C))
22.1.4 Special Permit Required. Development may be approved in an area subject to the Alquist-Priolo Fault Hazard Regulations upon approval of a Special Permit, unless the development is exempt from the fault evaluation report pursuant to subsection 313-22.1.6. (Former Section CZ#A314-51(D))
22.1.5 Geologic Fault Evaluation Report Required. Application for a Special Permit for any of the following types of development shall be accompanied by a geologic fault evaluation report, prepared by a geologist registered in the State of California, which is directed to the problem of potential surface fault displacement through the project site, unless such project is exempt or the report is waived pursuant to subsection 313-22.1.6: (Former Section CZ#A314-51(E))
22.1.5.1Parcel and Final Map Subdivisions, as defined by the Subdivision Map Act; (Former Section CZ#A314-51(E)(1))
22.1.5.2Construction of any structure for human occupancy; (Former Section CZ#A314-51(E)(2))
22.1.5.3Alterations or additions to structures for human occupancy the value of which exceeds fifty percent (50%) of the value of the structure; (Former Section CZ#A314-51(E)(3))
22.1.5.4Any change in use or character of occupancy that results in the conversion of a building or structure from one not used for human occupancy to one that is so used. (Former Section CZ#A314-51(E)(4))
22.1.6 Exemption From Fault Evaluation Report Requirements. Notwithstanding the Geologic Fault Evaluation Report requirements, the following types of development are exempt from the requirement of a Geologic Fault Evaluation Report: (Former Section CZ#A314-51(F))
22.1.6.1Construction, alteration, or additions of three (3) or fewer single family wood frame dwellings or manufactured homes, provided that they do not exceed two (2) stories; (Former Section CZ#A314-51(F)(1))
22.1.6.2Construction, alteration, or addition of four (4) or more single family homes or manufactured homes, provided that they do not exceed two (2) stories and if the dwelling is located within a subdivision, as defined in the Subdivision Map Act, for which subdivision a Geologic Fault Evaluation Report has been approved or waived. (Former Section CZ#A314-51(F)(2))
22.1.6.3Conversion of an existing apartment complex into condominiums. (Former Section CZ#A314-51(F)(3))
22.1.6.4Any other development that may be exempt or excluded pursuant to the Alquist-Priolo Special Studies Zones Act, commencing with Public Resources Code Section 2621, and following. (Former Section CZ#A314-51(F)(4))
22.1.7 Content of Geologic Fault Evaluation Report. The required report shall be based on a geologic investigation designed to identify the location, recency, and nature of faulting that may have affected the project site in the past and may affect the project site in the future. The report may be combined with other geological or geotechnical reports. The report shall be prepared in accordance with the California Department of Mines and Geology (CDMG) Note #49 “Guidelines for Evaluating the Hazard of Surface Fault Rupture.” CDMG Notes #37, 43 and 44 shall be utilized as applicable when the fault evaluation report required herein is combined with other geological or geotechnical reports. (Former Section CZ#A314-51(G))
22.1.8 Waiver of Required Report. Waiver from the geologic fault evaluation report required herein may be applied for pursuant to the procedure outlined in Appendix D, “Waiver Procedure for the Alquist-Priolo Act,” contained in Special Publication 42 “Fault-Rupture Hazard Zones in California,” California Division of Mines and Geology, 3/80, or any subsequent publication which is prepared for the same or similar purpose. Granting of such a waiver is subject to the approval of the State Geologist. (Former Section CZ#A314-51(H))
22.1.9 Required Findings. The Hearing Officer may approve a Special Permit for development located within an Alquist-Priolo Special Studies Zone if all of the applicable Public Safety Impact Findings of Chapter 2, Procedures, Supplemental Findings, are made. Your Selections
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22.1 G: ALQUIST-PRIOLO FAULT HAZARD ¶
22.1.1 Purpose. The purpose of these provisions is to implement the Alquist-Priolo Special Studies Zones Act (Public Resources Code, Section 2621 and following) in order to address potential hazards resulting from surface faulting or fault creep. (Former Section CZ#A314-51(A))
22.1.2 Applicability of the Alquist-Priolo Fault Hazard Regulations. The Alquist-Priolo Fault Hazard Regulations shall apply to lands which are designated “G” on the Zoning Maps, and which are within Special Studies Zones delineated on maps by the State Geologist. Regardless of the designation on the zoning maps, these regulations shall also apply to lands located within Special Study Zones delineated on the most recent maps that are officially adopted, revised or issued by the State Geologist. (Former Section CZ#A31451(B))
22.1.3 Modifications Imposed by the Alquist-Priolo Fault Hazard Regulations. The provisions of the Alquist-Priolo Fault Hazard Regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. In the event of any conflict or inconsistency between these provisions and any other applicable provisions of the code, the most restrictive provisions shall apply in order to provide the greatest protection against fault hazards. (Former Section CZ#A314-51(C))
22.1.4 Special Permit Required. Development may be approved in an area subject to the Alquist-Priolo Fault Hazard Regulations upon approval of a Special Permit, unless the development is exempt from the fault evaluation report pursuant to subsection 313-22.1.6. (Former Section CZ#A314-51(D))
22.1.5 Geologic Fault Evaluation Report Required. Application for a Special Permit for any of the following types of development shall be accompanied by a geologic fault evaluation report, prepared by a geologist registered in the State of California, which is directed to the problem of potential surface fault displacement through the project site, unless such project is exempt or the report is waived pursuant to subsection 313-22.1.6: (Former Section CZ#A314-51(E))
22.1.5.1Parcel and Final Map Subdivisions, as defined by the Subdivision Map Act; (Former Section CZ#A314-51(E)(1))
22.1.5.2Construction of any structure for human occupancy; (Former Section CZ#A314-51(E)(2))
22.1.5.3Alterations or additions to structures for human occupancy the value of which exceeds fifty percent (50%) of the value of the structure; (Former Section CZ#A314-51(E)(3))
22.1.5.4Any change in use or character of occupancy that results in the conversion of a building or structure from one not used for human occupancy to one that is so used. (Former Section CZ#A314-51(E)(4))
22.1.6 Exemption From Fault Evaluation Report Requirements. Notwithstanding the Geologic Fault Evaluation Report requirements, the following types of development are exempt from the requirement of a Geologic Fault Evaluation Report: (Former Section CZ#A314-51(F))
22.1.6.1Construction, alteration, or additions of three (3) or fewer single family wood frame dwellings or manufactured homes, provided that they do not exceed two (2) stories; (Former Section CZ#A314-51(F)(1))
22.1.6.2Construction, alteration, or addition of four (4) or more single family homes or manufactured homes, provided that they do not exceed two (2) stories and if the dwelling is located within a subdivision, as defined in the Subdivision Map Act, for which subdivision a Geologic Fault Evaluation Report has been approved or waived. (Former Section CZ#A314-51(F)(2))
22.1.6.3Conversion of an existing apartment complex into condominiums. (Former Section CZ#A314-51(F)(3))
22.1.6.4Any other development that may be exempt or excluded pursuant to the Alquist-Priolo Special Studies Zones Act, commencing with Public Resources Code Section 2621, and following. (Former Section CZ#A314-51(F)(4))
22.1.7 Content of Geologic Fault Evaluation Report. The required report shall be based on a geologic investigation designed to identify the location, recency, and nature of faulting that may have affected the project site in the past and may affect the project site in the future. The report may be combined with other geological or geotechnical reports. The report shall be prepared in accordance with the California Department of Mines and Geology (CDMG) Note #49 “Guidelines for Evaluating the Hazard of Surface Fault Rupture.” CDMG Notes #37, 43 and 44 shall be utilized as applicable when the fault evaluation report required herein is combined with other geological or geotechnical reports. (Former Section CZ#A314-51(G))
22.1.8 Waiver of Required Report. Waiver from the geologic fault evaluation report required herein may be applied for pursuant to the procedure outlined in Appendix D, “Waiver Procedure for the Alquist-Priolo Act,” contained in Special Publication 42 “Fault-Rupture Hazard Zones in California,” California Division of Mines and Geology, 3/80, or any subsequent publication which is prepared for the same or similar purpose. Granting of such a waiver is subject to the approval of the State Geologist. (Former Section CZ#A314-51(H))
22.1.9 Required Findings. The Hearing Officer may approve a Special Permit for development located within an Alquist-Priolo Special Studies Zone if all of the applicable Public Safety Impact Findings of Chapter 2, Procedures, Supplemental Findings, are made. Your Selections
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27.1 L: LANDSCAPING AND DESIGN ¶
27.1.1 Purpose. The Landscaping and Design Combining Zone Regulations are intended to be combined with principal zones to establish specific landscaping and architectural design standards. (Former Section CZ#A313-43(L))
27.1.2 Applicability. The Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may combine the Landscaping and Design Combining Zone Regulations with any principal zone. In combining the Landscaping and Design Combining Zone, the Board of Supervisors shall establish specific landscaping and design standards for development within the designated zoning district. (Former Section CZ#A313-43(B)))
27.1.3 Map Designation. When combined with a principal zone, the Landscaping and Design Combining Zone Regulations shall be represented on the adopted zoning maps by the L designator. The L designator shall immediately follow the principal zone designator and: the maximum density designator, if applied; the S designator, if applied; or the Q designator, if applied. For example: RS-L, RM15-L, RM-15-Q-L. (Former Section CZ#A313-43(C)))
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27.1 L: LANDSCAPING AND DESIGN ¶
27.1.1 Purpose. The Landscaping and Design Combining Zone Regulations are intended to be combined with principal zones to establish specific landscaping and architectural design standards. (Former Section CZ#A313-43(L))
27.1.2 Applicability. The Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may combine the Landscaping and Design Combining Zone Regulations with any principal zone. In combining the Landscaping and Design Combining Zone, the Board of Supervisors shall establish specific landscaping and design standards for development within the designated zoning district. (Former Section CZ#A313-43(B)))
27.1.3 Map Designation. When combined with a principal zone, the Landscaping and Design Combining Zone Regulations shall be represented on the adopted zoning maps by the L designator. The L designator shall immediately follow the principal zone designator and: the maximum density designator, if applied; the S designator, if applied; or the Q designator, if applied. For example: RS-L, RM15-L, RM-15-Q-L. (Former Section CZ#A313-43(C)))
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28.1 M: MANUFACTURED HOMES
(See also Special Combining Zone “SM”).
28.1.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designators shall be used as applicable: (Former Section CZ#A313-41(E))
28.1.1.1M - where the development standards are modified for the sole purpose of allowing manufactured homes. (Former Section CZ#A313-41(E)(1))
28.1.1.2(See also, the subsection, Special Combining Zone “SM”, where development standards in addition to the Manufactured Homes Building Type are modified.) (Former Section CZ#A313-41(E)(2))
When the M designator is used, the permitted building type shall not be listed by name in the table format. (Former Section CZ#A31341(E))
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28.1 M: MANUFACTURED HOMES
(See also Special Combining Zone “SM”).
28.1.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designators shall be used as applicable: (Former Section CZ#A313-41(E))
28.1.1.1M - where the development standards are modified for the sole purpose of allowing manufactured homes. (Former Section CZ#A313-41(E)(1))
28.1.1.2(See also, the subsection, Special Combining Zone “SM”, where development standards in addition to the Manufactured Homes Building Type are modified.) (Former Section CZ#A313-41(E)(2))
When the M designator is used, the permitted building type shall not be listed by name in the table format. (Former Section CZ#A31341(E))
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29.1 N: NOISE IMPACT ¶
29.1.1 Purpose. The purpose of these provisions is to establish regulations to maintain, within single family and multifamily structures and within structures designed for transient habitation, low exposure levels to noise associated with airports and major roads. (Former Section CZ#A314-60(A))
29.1.2 Applicability. The Noise Impact Regulations shall apply to lands designated “N” on the Zoning Maps that are located within areas mapped by the General Plan to have a noise exposure level of equal to or in excess of 60 dB Community Noise Equivalent Level – Day-Night Average Level (CNEL-Ldn). (Former Section CZ#A314-60(B))
29.1.3 Modifications Imposed by the Noise Impact Regulations. The provisions of the Noise Impact Regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. (Former Section CZ#A314-60(C))
29.1.4 Prohibited Development. Within areas above the 60 dB CNEL-Ldn level, placement of manufactured homes is prohibited. (Former Section CZ#A314-60(D))
29.1.5 Building Standards to Reduce Interior Noise Levels Required. Building standards to reduce interior noise levels are required to limit noise levels to 45 dB CNEL-Ldn in all habitable rooms. New construction of single family and multifamily structures and structures designed for transient habitation shall conform to the applicable requirements of the Humboldt County Building Code. (Former Section CZ#A314-60(E))
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29.1 N: NOISE IMPACT ¶
29.1.1 Purpose. The purpose of these provisions is to establish regulations to maintain, within single family and multifamily structures and within structures designed for transient habitation, low exposure levels to noise associated with airports and major roads. (Former Section CZ#A314-60(A))
29.1.2 Applicability. The Noise Impact Regulations shall apply to lands designated “N” on the Zoning Maps that are located within areas mapped by the General Plan to have a noise exposure level of equal to or in excess of 60 dB Community Noise Equivalent Level – Day-Night Average Level (CNEL-Ldn). (Former Section CZ#A314-60(B))
29.1.3 Modifications Imposed by the Noise Impact Regulations. The provisions of the Noise Impact Regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. (Former Section CZ#A314-60(C))
29.1.4 Prohibited Development. Within areas above the 60 dB CNEL-Ldn level, placement of manufactured homes is prohibited. (Former Section CZ#A314-60(D))
29.1.5 Building Standards to Reduce Interior Noise Levels Required. Building standards to reduce interior noise levels are required to limit noise levels to 45 dB CNEL-Ldn in all habitable rooms. New construction of single family and multifamily structures and structures designed for transient habitation shall conform to the applicable requirements of the Humboldt County Building Code. (Former Section CZ#A314-60(E))
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30.1 O: OFFSHORE ROCKS AND ROCKY INTERTIDAL AREAS ¶
30.1.1 Purpose. The purpose of these regulations is to protect rocky intertidal habitats and rocky marine habitats from developments and uses which would significantly degrade their resource values. (Former Section CZ#A314-61(A))
30.1.2 Applicability. The Offshore Rocks and Rocky Intertidal Area Regulations shall apply to lands designated “O” on the Zoning Maps. (Former Section CZ#A314-61(B)
30.1.3 Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review proposed development plans which may impact offshore rocks and rocky intertidal areas. The Agency shall be requested to respond within ten (10) working days of the referral. (Former Section CZ#A314-61(B))
30.1.4 Required Findings. A Coastal Development Permit for development proposed adjacent to or within offshore rocks and rocky intertidal areas shall be approved only if the applicable Resource Protection Impact Findings in Chapter 2: Procedures, Supplemental Findings, are made. (Former Section CZ#A314-61(D))
30.1.5 Required Mitigation. All development proposed adjacent to or within offshore rocks and rocky intertidal areas shall be sited and designed to mitigate impacts which would significantly degrade such marine resources. (Former Section CZ#A314-61(E))
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30.1 O: OFFSHORE ROCKS AND ROCKY INTERTIDAL AREAS ¶
30.1.1 Purpose. The purpose of these regulations is to protect rocky intertidal habitats and rocky marine habitats from developments and uses which would significantly degrade their resource values. (Former Section CZ#A314-61(A))
30.1.2 Applicability. The Offshore Rocks and Rocky Intertidal Area Regulations shall apply to lands designated “O” on the Zoning Maps. (Former Section CZ#A314-61(B)
30.1.3 Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review proposed development plans which may impact offshore rocks and rocky intertidal areas. The Agency shall be requested to respond within ten (10) working days of the referral. (Former Section CZ#A314-61(B))
30.1.4 Required Findings. A Coastal Development Permit for development proposed adjacent to or within offshore rocks and rocky intertidal areas shall be approved only if the applicable Resource Protection Impact Findings in Chapter 2: Procedures, Supplemental Findings, are made. (Former Section CZ#A314-61(D))
30.1.5 Required Mitigation. All development proposed adjacent to or within offshore rocks and rocky intertidal areas shall be sited and designed to mitigate impacts which would significantly degrade such marine resources. (Former Section CZ#A314-61(E))
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31.1 P: PLANNED UNIT DEVELOPMENT ¶
31.1.1 Purpose. The purpose of these provisions is to encourage planned developments, and to allow flexibility in the administration of the development standards in this division for the purpose of: (Former Section CZ#A314-62(A))
31.1.1.1Permitting more flexibility to cope with difficulties due to topography and other natural or man-made features; (Former Section CZ#A314-62(A)(1))
31.1.1.2Providing for clustered development in concert with the provision of residential amenities such as open space, recreation areas, and neighborhood commercial services; (Former Section CZ#A314-62(A)(2))
31.1.1.3Encouraging a more creative approach to land development through waiver of development standards and application of less rigid development criteria where such flexibility can better provide for the protection and enhancement of designated sensitive habitats and cultural resources provided all the required findings for approving subdivisions can be made; (Former Section CZ#A31462(A)(3); Amended by Ord. 2167, Sec. 35, 4/7/98)
31.1.2 Applicability. ¶
31.1.2.1The regulations shall apply to areas designated “P” on the Zoning Maps. (Former Section CZ#A314-62(B)(1))
31.1.2.2These regulations may be applied where any of the following conditions prevail, provided the Director and the applicant agree that to do so would be in the public interest and best interests of the applicant: (Former Section CZ#A314-62(B)(2))
31.1.2.2.1Any site where more than four (4) dwelling units, commercial buildings or industrial buildings or combination thereof are proposed; (Former Section CZ#A314-62(B)(2)(a))
31.1.2.2.2The development proposal is within a residential zone and includes residential and nonresidential development; (Former Section CZ#A314-62(B)(2)(b))
31.1.2.2.3Any site or development proposal where application of these regulations would provide a better means of carrying out the intent of the County General Plan. (Former Section CZ#A314-62(B)(2)(c))
31.1.3 Minimum Lot Size Requirement. Planned Unit Developments shall be permitted on lots of twenty thousand (20,000) square feet or larger. (Former Section CZ#A314-62(C))
31.1.4 Use Types Permitted. The principally permitted use types in the applicable zoning district shall also be permitted in the Planned Unit Development. Conditionally permitted use types may be permitted with a Use Permit. (Former Section CZ#A314-62(D))
31.1.5 Modifications of Development Standards. The following development standard modifications may be approved by the Planning Commission reviewing the Planned Unit Development permit applications only if it is determined that the means of accommodating the proposed development standard modifications would not have an adverse effect on coastal resources. If, however, the County determines that the means for accommodating the proposed development standard modifications proposed by the applicant would have an adverse effect on coastal resources, the County shall not grant the development standard modification: (Former Section CZ#A314-62(E))
31.1.5.1 Residential Density Standards. (Former Section CZ A314-62(E)(1)) ¶
31.1.5.1.1Applicable residential density standards may be increased by as much as twenty-five percent (25%) if the development incorporates extraordinary public benefits such as enhancement of sensitive habitats, visual resources, or cultural resources, development and maintenance of public access to recreational areas, or at least forty percent (40%) of the total lot area of the PUD is reserved for common open space areas which conform to all the following requirements: (Former Section CZ#A314-62(E)(1)(a); Amended by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.1.1They must be useable and available to occupants of the PUD. (Former Section CZ#A314-62(E)(1)(a); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.1.2They must average at least one hundred (100) feet in width. (Former Section CZ#A314-62(E)(1)(a); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.1.3At least one-half of the required open space shall have an overall finished grade not to exceed ten percent (10%) and shall be suitably improved for its intended purpose. (Former Section CZ#A314-62(E)(1)(a); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.1.4All lawn and landscaped areas within the required common open space shall be provided with a permanent watering system adequate to maintain such areas in a healthy condition. (Former Section CZ#A314-62(E)(1)(a); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.2The twenty-five percent (25%) density bonus limit in paragraph 31.1.5.1.1 may be combined with any other density bonus allowed by County or State regulations so long as densities greater than 35% would not result and the means of accommodating the density bonus would not have an adverse effect on coastal resources as that term is defined in Section 112.1.6.5 and would be consistent with all applicable LCP policies and development standards. (Former Section CZ#A314-62(E)(1)(b); Added by Ord. 2167, Sec. 35, 4/7/98, Amended by Ord. 2383, 2/27/07)
31.1.5.1.3If development is to be accomplished in stages, the development shall coordinate the improvement of the common open space areas and the construction of dwelling units in order that each development stage may achieve a proportional share of the total common open space. (Former Section CZ#A314-62(E)(1)(c); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.4Common areas must be owned, managed and maintained by the PUD owners association, public agency, or equivalent organization. (Former Section CZ#A314-62(E)(1)(d); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.5The dedication or offer of dedication for an easement for coastal access or view shall not be considered to lower the area of a parcel for purposes of density calculation. (Former Section CZ#A314-62(E)(1)(e); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.6Areas not designated for residential development in the General Plan shall not be included in calculating permitted densities. (Former Section CZ#A314-62(E)(1)(f); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.2 Lot Size Standards. The applicable lot size standards may be modified to carry out the intent of the Planned Unit Development Regulations, provided all other development standards set forth herein are either met, or modified pursuant to this subsection. (Former Section CZ#A314-62(E)(2))
31.1.5.3 Lot Coverage Standards. The applicable lot coverage standards shall apply, except that building coverage shall be calculated over the entire development instead of being applicable to each lot in the development. (Former Section CZ#A314-62(E)(3))
31.1.5.4 Setback Standards. The applicable setback standards may be modified provided: (Former Section CZ#A314-62(E)(4))
31.1.5.4.1Lot coverage requirements herein are met; (Former Section CZ#A314-62(E)(4)(a))
31.1.5.4.2Setbacks for lots located in the perimeter of the development conform with the setback requirements stipulated for the zone; (Former Section CZ#A314-62(E)(4)(b))
31.1.5.4.3removed (Former Section CZ#A314-62(E)(4)(c); Amended by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.5 Permitted Principal Building Types. The applicable Building Type requirements shall apply except that the Hearing Officer may permit other Building Types as part of an approval of the Planned Unit Development Permit. (Former Section CZ#A314-62(E)(5))
31.1.6 Design Guidelines. These guidelines shall be considered by architects, engineers, and other persons involved in designing Planned Unit Developments, and by the Planning Commission and Board of Supervisors in reviewing them. The guidelines recognize that while few people are in complete accord on what makes a well designed project, there is general agreement on a number of basic design principles, which are enumerated as follows. Consideration of these guidelines does not eliminate or supersede the need to comply with all other applicable requirements of the certified LCP (Former Section CZ#A314-62(F); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.1 Natural Considerations. ¶
31.1.6.1.1The starting point in any design should be maintenance of the prominent natural features of the site. (Former Section CZ#A314-62(F)(1); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.1.2Major trees and shrubs should be retained to the maximum extent possible, and should become the basis of the design of lots, roads, and other open spaces in the PUD. They add permanence and a sense of continuity to new developments, and new landscaping will take many years to provide the same benefits that mature existing vegetation will provide immediately. In some cases, native landscaping can be replaced in phases if part of a long-term plan to create a different landscaping effect. (Former Section CZ#A31462(F)(1); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.1.3New homesites should be sited and designed to concentrate development on level areas so that disturbance of steeper hillsides is minimized. Where the size and topography of the site requires development on hillsides, new construction and grading should follow the natural contours of the landscapes, fitting the site rather than altering the landform to accommodate buildings. (Former Section CZ#A314-62(F)(1); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.1.4To maintain ridgeline and hillside silhouettes, new development near ridgelines or steep slopes should be sited adjacent to existing major vegetation, where the major vegetation is retained. The height of buildings constructed near ridgelines should not affect the ridgeline silhouette. (Former Section CZ#A314-62(F)(1); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.1.5Natural slopes in excess of twenty-five percent should remain undisturbed. (Former Section CZ#A314-62(F)(1); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.1.6Disturbed areas not proposed for development should be renaturalized and revegetated as quickly as possible. (Former Section CZ#A314-62(F)(1); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.2 Circulation Considerations. ¶
31.1.6.2.1Residences should take access from local roads serving a limited number of units. Few, if any, dwellings should front upon a collector street. This will restrict the amount of traffic in front of homes, which in turn promotes safety to children, pedestrians, pets, and even parked cars on the street. (Former Section CZ#A314-62(F)(2); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.2.2Where residential road construction of a two (2) lane travel way would eliminate large trees or other prominent natural features, or result in excess grading, roads should be divided to preserve those features. (Former Section CZ#A314-62(F)(2); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.2.3 Shoulders tend to visually widen the road, and encourage higher speeds as a result. Where shoulders are required for stormwater management on residential streets, the shoulders should be grass surfaced wherever possible. (Former Section CZ#A31462(F)(2); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.2.4Incorporating alleys into the transportation system serving smaller lots is encouraged since alleys can be a beneficial means of providing a second automobile access to narrow lots. Although it is generally more desirable for alleys to connect a street at both ends, in some cases, dead end alleys with turnarounds may be permitted. (Former Section CZ#A314-62(F)(2); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3 Parking Considerations. ¶
31.1.6.3.1Reducing the visual impact of lines of parked cars and expanses of asphalt can add more to the good looks of a building than anything else. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3.2Shared parking areas such as parking courtyards are encouraged. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3.3Whenever possible, parking areas should be placed at the side or back of a building. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3.4To avoid the long, narrow, dreary look of carports found in some older apartment complexes, individual carports and garages should be designed to accommodate no more than four (4) vehicles. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3.5If a parking lot for five cars is within twenty (20) feet of a street property line, a landscaped strip at least five (5) feet wide should be provided between the parking lot and the street. This strip should have a fence, berm, wall or landscaping hedge that is three (3) feet high at the edge closest to the parking lot. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3.6A screening device not less than six (6) feet high should be provided along all interior property lines where a parking lot for five (5) or more cars adjoins a property line of a residential use. Raised earth mounds with landscaping may be used in place of fencing. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3.7To avoid unwarranted noise or light, no parking lot for five (5) or more cars should allow the front of parked cars to be within fifteen (15) feet of the front of a living unit. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.4 Architectural Considerations. ¶
31.1.6.4.1Buildings should be compatible in design to development nearby. Building size is not necessarily a major concern in design; the size of large buildings can be visually reduced by providing changes in the depth of the facade (both vertical and horizontal), and changes in facade materials. (Former Section CZ#A314-62(F)(4); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.4.2Buildings should be made compatible in style to nearby development through the use of similar roof types, siding materials, color schemes, architectural details, and landscaping design. (Former Section CZ#A314-62(F)(4); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.4.3Living rooms, and eating and sleeping areas should face toward gardens and open areas and away from streets and parking areas. (Former Section CZ#A314-62(F)(4); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.5 Other Considerations. ¶
31.1.6.5.1Landscaping should be used to enhance privacy, and to give visual order to the development. (Former Section CZ#A314-62(F) (5); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.5.2All multifamily units of four (4) or more dwellings should have laundry facilities, either as a common laundry room or in-unit connections for washers and dryers. A rule of thumb for common laundry facilities is one washer/dryer in a four-plex, and one
additional washer/dryer for each additional six (6) units, although family units will probably require more. (Former Section CZ#A31462(F)(5); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.5.3One (1) or more areas within a project should be set aside for trash collection and recycling collection. These areas should be conveniently placed, screened off from sight, directly accessible for the garbage and recycling trucks, and sited where early morning collection will not disturb residents. (Former Section CZ#A314-62(F)(5); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.5.4All utilities should be placed underground. (Former Section CZ#A314-62(F)(5); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.5.5Surcharge retention swales should be used to collect and dissipate stormwater runoff. (Former Section CZ#A314-62(F)(5); Added by Ord. 2167, Sec. 35, 4/7/98)
- 31.1.7 Circulation. (See also, Circulation Considerations, subsection 313 31.1.6.2 and Parking Considerations, subsection 313 31.1.6.3)
31.1.7.1 Access. Planned Unit Developments shall be appropriately located with respect to streets and highways or other transportation facilities so as to encourage smooth traffic flow with controlled turning movements and minimum hazards to pedestrians, passing traffic, or to traffic entering and leaving the development. Merging and turnout lanes shall be required if they are needed due to existing or anticipated flows of passing traffic, or traffic from or to the Planned Unit Development. The need for such lanes shall be determined by the Planning Division of the Community Development Services Department, in conjunction with the Department of Public Works. (Former Section CZ#A314-62(G)(1))
31.1.7.2 Internal Circulation. ¶
31.1.7.2.1Roads, pedestrian paths and bikeway paths shall be an integrated system designed to provide efficient and safe circulation to all uses. Pedestrian paths and bikeways shall be clearly signed and have adequate crossing facilities where warranted. (Former Section CZ#A314-62(G)(2))
31.1.7.2.2Developments should be designed to minimize the length of roadway, to encourage smooth traffic flow with controlled turning movements, and to minimize hazards to pedestrians, passing traffic, or to traffic entering and leaving the development. Merging and turnout lanes shall be required where existing or anticipated flows of passing traffic or traffic from or to the Planned Unit Development indicate the need for such lanes, as specified in subsection 31.1.7.1, Access. (Former Section CZ#A314-62(G)(2))
31.1.7.3 Siting of Roadways and Parking Areas. Siting of roadways and parking areas shall be consistent with the character of the site, avoiding excessive cuts and fills. (Former Section CZ#A314-62(G)(3))
31.1.7.4 Parking Standards. The following will be the minimum off-street parking requirements for dwelling units and permitted commercial uses in a residential Planned Unit Development: (Former Section CZ#A314-62(G)(4))
31.1.7.4.1Parking spaces for permitted uses, shall be provided in accordance with the Off-Street Parking Regulations. (Former Section CZ#A314-62(G)(4)(a))
31.1.7.4.2Off-Street parking shall be designed and located in accordance with the Off-Street Parking and Loading Standards except that: (Former Section CZ#A314-62(G)(4)(b))
31.1.7.4.2.1Off-street parking may be clustered in parking pods in proximity to the dwelling units they serve; and (Former Section CZ#A314-62(G)(4)(b)(i))
31.1.7.4.2.2Off-street parking for guests may be required up to a maximum of one (1) space per two (2) dwelling units. (Former Section CZ#A314-62(G)(4)(b)(ii))
31.1.7.5 Recreation Vehicle Parking. Sufficient parking space may be required for storage of residents' recreational vehicles. If required, a recreational vehicle parking area shall be located so as to be compatible with the surrounding land use. If located along the outer fringe of the Planned Unit Development, it shall be adequately screened from vision from the adjacent properties. (Former Section CZ#A314-62(G)(5))
31.1.8 Utilities. In addition to other requirements set forth herein, the following shall apply:
31.1.8.1All utilities shall be approved by the appropriate agencies; (Former Section CZ#A314-62(H)(1))
31.1.8.2All utility services should be placed underground, if required by the appropriate agencies; (Former Section CZ#A314-62(H)(2))
31.1.8.3Provisions shall be made for fire prevention, including service waterlines, and free emergency access for firefighting equipment around buildings; (Former Section CZ#A314-62(H)(3))
31.1.8.4Provisions shall be made for control of site storm water drainage. (Former Section CZ#A314-62(H)(4))
31.1.9 Owners Association. A non-profit incorporated owners association, or an alternative acceptable to County Counsel, shall be required if other satisfactory arrangements, such as County Service Area, have not been made for improving, operating and maintaining common facilities, including open space, streets, drives, service and parking areas, and recreation areas. (Former Section CZ#A314-62(I))
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31.1 P: PLANNED UNIT DEVELOPMENT ¶
31.1.1 Purpose. The purpose of these provisions is to encourage planned developments, and to allow flexibility in the administration of the development standards in this division for the purpose of: (Former Section CZ#A314-62(A))
31.1.1.1Permitting more flexibility to cope with difficulties due to topography and other natural or man-made features; (Former Section CZ#A314-62(A)(1))
31.1.1.2Providing for clustered development in concert with the provision of residential amenities such as open space, recreation areas, and neighborhood commercial services; (Former Section CZ#A314-62(A)(2))
31.1.1.3Encouraging a more creative approach to land development through waiver of development standards and application of less rigid development criteria where such flexibility can better provide for the protection and enhancement of designated sensitive habitats and cultural resources provided all the required findings for approving subdivisions can be made; (Former Section CZ#A31462(A)(3); Amended by Ord. 2167, Sec. 35, 4/7/98)
31.1.2 Applicability. ¶
31.1.2.1The regulations shall apply to areas designated “P” on the Zoning Maps. (Former Section CZ#A314-62(B)(1))
31.1.2.2These regulations may be applied where any of the following conditions prevail, provided the Director and the applicant agree that to do so would be in the public interest and best interests of the applicant: (Former Section CZ#A314-62(B)(2))
31.1.2.2.1Any site where more than four (4) dwelling units, commercial buildings or industrial buildings or combination thereof are proposed; (Former Section CZ#A314-62(B)(2)(a))
31.1.2.2.2The development proposal is within a residential zone and includes residential and nonresidential development; (Former Section CZ#A314-62(B)(2)(b))
31.1.2.2.3Any site or development proposal where application of these regulations would provide a better means of carrying out the intent of the County General Plan. (Former Section CZ#A314-62(B)(2)(c))
31.1.3 Minimum Lot Size Requirement. Planned Unit Developments shall be permitted on lots of twenty thousand (20,000) square feet or larger. (Former Section CZ#A314-62(C))
31.1.4 Use Types Permitted. The principally permitted use types in the applicable zoning district shall also be permitted in the Planned Unit Development. Conditionally permitted use types may be permitted with a Use Permit. (Former Section CZ#A314-62(D))
31.1.5 Modifications of Development Standards. The following development standard modifications may be approved by the Planning Commission reviewing the Planned Unit Development permit applications only if it is determined that the means of accommodating the proposed development standard modifications would not have an adverse effect on coastal resources. If, however, the County determines that the means for accommodating the proposed development standard modifications proposed by the applicant would have an adverse effect on coastal resources, the County shall not grant the development standard modification: (Former Section CZ#A314-62(E))
31.1.5.1 Residential Density Standards. (Former Section CZ A314-62(E)(1)) ¶
31.1.5.1.1Applicable residential density standards may be increased by as much as twenty-five percent (25%) if the development incorporates extraordinary public benefits such as enhancement of sensitive habitats, visual resources, or cultural resources, development and maintenance of public access to recreational areas, or at least forty percent (40%) of the total lot area of the PUD is reserved for common open space areas which conform to all the following requirements: (Former Section CZ#A314-62(E)(1)(a); Amended by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.1.1They must be useable and available to occupants of the PUD. (Former Section CZ#A314-62(E)(1)(a); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.1.2They must average at least one hundred (100) feet in width. (Former Section CZ#A314-62(E)(1)(a); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.1.3At least one-half of the required open space shall have an overall finished grade not to exceed ten percent (10%) and shall be suitably improved for its intended purpose. (Former Section CZ#A314-62(E)(1)(a); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.1.4All lawn and landscaped areas within the required common open space shall be provided with a permanent watering system adequate to maintain such areas in a healthy condition. (Former Section CZ#A314-62(E)(1)(a); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.2The twenty-five percent (25%) density bonus limit in paragraph 31.1.5.1.1 may be combined with any other density bonus allowed by County or State regulations so long as densities greater than 35% would not result and the means of accommodating the density bonus would not have an adverse effect on coastal resources as that term is defined in Section 112.1.6.5 and would be consistent with all applicable LCP policies and development standards. (Former Section CZ#A314-62(E)(1)(b); Added by Ord. 2167, Sec. 35, 4/7/98, Amended by Ord. 2383, 2/27/07)
31.1.5.1.3If development is to be accomplished in stages, the development shall coordinate the improvement of the common open space areas and the construction of dwelling units in order that each development stage may achieve a proportional share of the total common open space. (Former Section CZ#A314-62(E)(1)(c); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.4Common areas must be owned, managed and maintained by the PUD owners association, public agency, or equivalent organization. (Former Section CZ#A314-62(E)(1)(d); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.5The dedication or offer of dedication for an easement for coastal access or view shall not be considered to lower the area of a parcel for purposes of density calculation. (Former Section CZ#A314-62(E)(1)(e); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.1.6Areas not designated for residential development in the General Plan shall not be included in calculating permitted densities. (Former Section CZ#A314-62(E)(1)(f); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.2 Lot Size Standards. The applicable lot size standards may be modified to carry out the intent of the Planned Unit Development Regulations, provided all other development standards set forth herein are either met, or modified pursuant to this subsection. (Former Section CZ#A314-62(E)(2))
31.1.5.3 Lot Coverage Standards. The applicable lot coverage standards shall apply, except that building coverage shall be calculated over the entire development instead of being applicable to each lot in the development. (Former Section CZ#A314-62(E)(3))
31.1.5.4 Setback Standards. The applicable setback standards may be modified provided: (Former Section CZ#A314-62(E)(4))
31.1.5.4.1Lot coverage requirements herein are met; (Former Section CZ#A314-62(E)(4)(a))
31.1.5.4.2Setbacks for lots located in the perimeter of the development conform with the setback requirements stipulated for the zone; (Former Section CZ#A314-62(E)(4)(b))
31.1.5.4.3removed (Former Section CZ#A314-62(E)(4)(c); Amended by Ord. 2167, Sec. 35, 4/7/98)
31.1.5.5 Permitted Principal Building Types. The applicable Building Type requirements shall apply except that the Hearing Officer may permit other Building Types as part of an approval of the Planned Unit Development Permit. (Former Section CZ#A314-62(E)(5))
31.1.6 Design Guidelines. These guidelines shall be considered by architects, engineers, and other persons involved in designing Planned Unit Developments, and by the Planning Commission and Board of Supervisors in reviewing them. The guidelines recognize that while few people are in complete accord on what makes a well designed project, there is general agreement on a number of basic design principles, which are enumerated as follows. Consideration of these guidelines does not eliminate or supersede the need to comply with all other applicable requirements of the certified LCP (Former Section CZ#A314-62(F); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.1 Natural Considerations. ¶
31.1.6.1.1The starting point in any design should be maintenance of the prominent natural features of the site. (Former Section CZ#A314-62(F)(1); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.1.2Major trees and shrubs should be retained to the maximum extent possible, and should become the basis of the design of lots, roads, and other open spaces in the PUD. They add permanence and a sense of continuity to new developments, and new landscaping will take many years to provide the same benefits that mature existing vegetation will provide immediately. In some cases, native landscaping can be replaced in phases if part of a long-term plan to create a different landscaping effect. (Former Section CZ#A31462(F)(1); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.1.3New homesites should be sited and designed to concentrate development on level areas so that disturbance of steeper hillsides is minimized. Where the size and topography of the site requires development on hillsides, new construction and grading should follow the natural contours of the landscapes, fitting the site rather than altering the landform to accommodate buildings. (Former Section CZ#A314-62(F)(1); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.1.4To maintain ridgeline and hillside silhouettes, new development near ridgelines or steep slopes should be sited adjacent to existing major vegetation, where the major vegetation is retained. The height of buildings constructed near ridgelines should not affect the ridgeline silhouette. (Former Section CZ#A314-62(F)(1); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.1.5Natural slopes in excess of twenty-five percent should remain undisturbed. (Former Section CZ#A314-62(F)(1); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.1.6Disturbed areas not proposed for development should be renaturalized and revegetated as quickly as possible. (Former Section CZ#A314-62(F)(1); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.2 Circulation Considerations. ¶
31.1.6.2.1Residences should take access from local roads serving a limited number of units. Few, if any, dwellings should front upon a collector street. This will restrict the amount of traffic in front of homes, which in turn promotes safety to children, pedestrians, pets, and even parked cars on the street. (Former Section CZ#A314-62(F)(2); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.2.2Where residential road construction of a two (2) lane travel way would eliminate large trees or other prominent natural features, or result in excess grading, roads should be divided to preserve those features. (Former Section CZ#A314-62(F)(2); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.2.3 Shoulders tend to visually widen the road, and encourage higher speeds as a result. Where shoulders are required for stormwater management on residential streets, the shoulders should be grass surfaced wherever possible. (Former Section CZ#A31462(F)(2); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.2.4Incorporating alleys into the transportation system serving smaller lots is encouraged since alleys can be a beneficial means of providing a second automobile access to narrow lots. Although it is generally more desirable for alleys to connect a street at both ends, in some cases, dead end alleys with turnarounds may be permitted. (Former Section CZ#A314-62(F)(2); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3 Parking Considerations. ¶
31.1.6.3.1Reducing the visual impact of lines of parked cars and expanses of asphalt can add more to the good looks of a building than anything else. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3.2Shared parking areas such as parking courtyards are encouraged. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3.3Whenever possible, parking areas should be placed at the side or back of a building. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3.4To avoid the long, narrow, dreary look of carports found in some older apartment complexes, individual carports and garages should be designed to accommodate no more than four (4) vehicles. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3.5If a parking lot for five cars is within twenty (20) feet of a street property line, a landscaped strip at least five (5) feet wide should be provided between the parking lot and the street. This strip should have a fence, berm, wall or landscaping hedge that is three (3) feet high at the edge closest to the parking lot. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3.6A screening device not less than six (6) feet high should be provided along all interior property lines where a parking lot for five (5) or more cars adjoins a property line of a residential use. Raised earth mounds with landscaping may be used in place of fencing. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.3.7To avoid unwarranted noise or light, no parking lot for five (5) or more cars should allow the front of parked cars to be within fifteen (15) feet of the front of a living unit. (Former Section CZ#A314-62(F)(3); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.4 Architectural Considerations. ¶
31.1.6.4.1Buildings should be compatible in design to development nearby. Building size is not necessarily a major concern in design; the size of large buildings can be visually reduced by providing changes in the depth of the facade (both vertical and horizontal), and changes in facade materials. (Former Section CZ#A314-62(F)(4); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.4.2Buildings should be made compatible in style to nearby development through the use of similar roof types, siding materials, color schemes, architectural details, and landscaping design. (Former Section CZ#A314-62(F)(4); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.4.3Living rooms, and eating and sleeping areas should face toward gardens and open areas and away from streets and parking areas. (Former Section CZ#A314-62(F)(4); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.5 Other Considerations. ¶
31.1.6.5.1Landscaping should be used to enhance privacy, and to give visual order to the development. (Former Section CZ#A314-62(F) (5); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.5.2All multifamily units of four (4) or more dwellings should have laundry facilities, either as a common laundry room or in-unit connections for washers and dryers. A rule of thumb for common laundry facilities is one washer/dryer in a four-plex, and one
additional washer/dryer for each additional six (6) units, although family units will probably require more. (Former Section CZ#A31462(F)(5); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.5.3One (1) or more areas within a project should be set aside for trash collection and recycling collection. These areas should be conveniently placed, screened off from sight, directly accessible for the garbage and recycling trucks, and sited where early morning collection will not disturb residents. (Former Section CZ#A314-62(F)(5); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.5.4All utilities should be placed underground. (Former Section CZ#A314-62(F)(5); Added by Ord. 2167, Sec. 35, 4/7/98)
31.1.6.5.5Surcharge retention swales should be used to collect and dissipate stormwater runoff. (Former Section CZ#A314-62(F)(5); Added by Ord. 2167, Sec. 35, 4/7/98)
- 31.1.7 Circulation. (See also, Circulation Considerations, subsection 313 31.1.6.2 and Parking Considerations, subsection 313 31.1.6.3)
31.1.7.1 Access. Planned Unit Developments shall be appropriately located with respect to streets and highways or other transportation facilities so as to encourage smooth traffic flow with controlled turning movements and minimum hazards to pedestrians, passing traffic, or to traffic entering and leaving the development. Merging and turnout lanes shall be required if they are needed due to existing or anticipated flows of passing traffic, or traffic from or to the Planned Unit Development. The need for such lanes shall be determined by the Planning Division of the Community Development Services Department, in conjunction with the Department of Public Works. (Former Section CZ#A314-62(G)(1))
31.1.7.2 Internal Circulation. ¶
31.1.7.2.1Roads, pedestrian paths and bikeway paths shall be an integrated system designed to provide efficient and safe circulation to all uses. Pedestrian paths and bikeways shall be clearly signed and have adequate crossing facilities where warranted. (Former Section CZ#A314-62(G)(2))
31.1.7.2.2Developments should be designed to minimize the length of roadway, to encourage smooth traffic flow with controlled turning movements, and to minimize hazards to pedestrians, passing traffic, or to traffic entering and leaving the development. Merging and turnout lanes shall be required where existing or anticipated flows of passing traffic or traffic from or to the Planned Unit Development indicate the need for such lanes, as specified in subsection 31.1.7.1, Access. (Former Section CZ#A314-62(G)(2))
31.1.7.3 Siting of Roadways and Parking Areas. Siting of roadways and parking areas shall be consistent with the character of the site, avoiding excessive cuts and fills. (Former Section CZ#A314-62(G)(3))
31.1.7.4 Parking Standards. The following will be the minimum off-street parking requirements for dwelling units and permitted commercial uses in a residential Planned Unit Development: (Former Section CZ#A314-62(G)(4))
31.1.7.4.1Parking spaces for permitted uses, shall be provided in accordance with the Off-Street Parking Regulations. (Former Section CZ#A314-62(G)(4)(a))
31.1.7.4.2Off-Street parking shall be designed and located in accordance with the Off-Street Parking and Loading Standards except that: (Former Section CZ#A314-62(G)(4)(b))
31.1.7.4.2.1Off-street parking may be clustered in parking pods in proximity to the dwelling units they serve; and (Former Section CZ#A314-62(G)(4)(b)(i))
31.1.7.4.2.2Off-street parking for guests may be required up to a maximum of one (1) space per two (2) dwelling units. (Former Section CZ#A314-62(G)(4)(b)(ii))
31.1.7.5 Recreation Vehicle Parking. Sufficient parking space may be required for storage of residents' recreational vehicles. If required, a recreational vehicle parking area shall be located so as to be compatible with the surrounding land use. If located along the outer fringe of the Planned Unit Development, it shall be adequately screened from vision from the adjacent properties. (Former Section CZ#A314-62(G)(5))
31.1.8 Utilities. In addition to other requirements set forth herein, the following shall apply:
31.1.8.1All utilities shall be approved by the appropriate agencies; (Former Section CZ#A314-62(H)(1))
31.1.8.2All utility services should be placed underground, if required by the appropriate agencies; (Former Section CZ#A314-62(H)(2))
31.1.8.3Provisions shall be made for fire prevention, including service waterlines, and free emergency access for firefighting equipment around buildings; (Former Section CZ#A314-62(H)(3))
31.1.8.4Provisions shall be made for control of site storm water drainage. (Former Section CZ#A314-62(H)(4))
31.1.9 Owners Association. A non-profit incorporated owners association, or an alternative acceptable to County Counsel, shall be required if other satisfactory arrangements, such as County Service Area, have not been made for improving, operating and maintaining common facilities, including open space, streets, drives, service and parking areas, and recreation areas. (Former Section CZ#A314-62(I))
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32.1 Q: QUALIFIED ¶
32.1.1 Purpose. The Qualified Combining Zone Regulations are intended to be combined with principal zones to help more precisely implement the adopted County General Plan. (Former Section CZ#A313-42(A))
32.1.2 Applicability. The Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may combine the Qualified Combining Zone with any principal zone. In combining the Qualified Combining Zone with any principal zone, the Board of Supervisors may delete principally permitted uses, conditionally permitted uses, uses permitted with a Special Permit, or accessory uses. The Board of Supervisors may also require Use Permits for principal permitted uses, uses permitted with a Special Permit, or accessory uses. Zone reclassifications to implement the Qualified Combining Zone are subject to making all of the required findings in Chapter 2 of this division. (Former Section CZ#A313-42(B))
32.1.3 Map Designation. When combined with a principal zone, the Qualified Combining Zone shall be represented on the adopted zoning maps by the Q designator. The Q designator shall immediately follow the Principal Zone designator and the maximum density designator, if applied; or the S designator, if applied. For example: RM-Q, RM-5-Q, RM-5-S-Q. Reference to the specific requirements of any “Q”/“Qualified” Zone is contained on the zoning maps, and the requirements are set forth in the specific ordinances which create each “Q” Zone. (Former Section CZ#A313-42(C))
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32.1 Q: QUALIFIED ¶
32.1.1 Purpose. The Qualified Combining Zone Regulations are intended to be combined with principal zones to help more precisely implement the adopted County General Plan. (Former Section CZ#A313-42(A))
32.1.2 Applicability. The Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may combine the Qualified Combining Zone with any principal zone. In combining the Qualified Combining Zone with any principal zone, the Board of Supervisors may delete principally permitted uses, conditionally permitted uses, uses permitted with a Special Permit, or accessory uses. The Board of Supervisors may also require Use Permits for principal permitted uses, uses permitted with a Special Permit, or accessory uses. Zone reclassifications to implement the Qualified Combining Zone are subject to making all of the required findings in Chapter 2 of this division. (Former Section CZ#A313-42(B))
32.1.3 Map Designation. When combined with a principal zone, the Qualified Combining Zone shall be represented on the adopted zoning maps by the Q designator. The Q designator shall immediately follow the Principal Zone designator and the maximum density designator, if applied; or the S designator, if applied. For example: RM-Q, RM-5-Q, RM-5-S-Q. Reference to the specific requirements of any “Q”/“Qualified” Zone is contained on the zoning maps, and the requirements are set forth in the specific ordinances which create each “Q” Zone. (Former Section CZ#A313-42(C))
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33.1 R: STREAMS AND RIPARIAN CORRIDORS PROTECTION ¶
33.1.1 Purpose. The purpose of these regulations is to provide for the maintenance, enhancement, and, where feasible, restoration of water resources by restricting development, and by minimizing adverse effects of runoff, interference with surface waterflow, and alteration of natural streams, and by protecting riparian habitats. (Former Section CZ#A314-63(A))
33.1.2 Applicability. These regulations shall apply to: ¶
33.1.2.1All streams, riparian corridors and riparian forests designated “R” on the Zoning Maps; (Former Section CZ#A314-63(B)(1))
33.1.2.2All perennial and intermittent streams as delineated on U.S. Geological Survey 7.5-minute quadrangles. (Former Section CZ#A314-63(B)(2))
33.1.2.3All riparian lands and coastal streams listed in the Coastal Land Use Plan. (Former Section CZ#A314-63(B)(3))
It should be noted that additional stream protection regulations in Chapter 2 apply specifically to the Coastal Zone segments of the Mad and Eel Rivers.
33.1.3 Modifications Imposed by the Streams and Riparian Corridors Protection Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation which is most protective of natural resources shall apply. (Former Section CZ#A314-63(C))
33.1.4 Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review development plans proposed within stream channels and riparian corridors. The Agency shall be requested to respond within ten (10) working days of the referral. (Former Section CZ#A314-63(D))
33.1.5 Permitted Development within Coastal Stream Channels. New development within stream channels located within the County’s Coastal Zone, shall be limited to the following uses: (Former Section CZ#A314-63(E))
33.1.5.1Wetlands, fishery, and wildlife enhancement and restoration projects and small hydroelectric generating facilities; (Former Section CZ#A314-63(E)(1))
33.1.5.2Pipelines, utility lines, municipal water systems, wells in rural areas, and incidental public service purposes; (Former Section CZ#A314-63(E)(2))
33.1.5.3Road crossings, consistent with all of the applicable “Findings” provisions of Chapter 2. (See, Section 312-17, which sets forth findings required for all permits, and Section 312-39.11, which sets forth the Resource Protection Findings relating to Coastal Road Construction.) (Former Section CZ#A314-63(E)(3))
33.1.5.4Maintenance dredging for flood control and drainage purposes, consistent with the Transitional Agricultural Land Use regulations. (Former Section CZ#A314-63(E)(4))
33.1.5.5Maintenance of levees, roads, dikes, drainage channels, floodgates and tidegates including replacement; (Former Section CZ#A314-63(E)(5))
33.1.5.6Construction of new fences, so long as it would not impede the natural drainage; (Former Section CZ#A314-63(E)(6))
33.1.5.7Bank protection, surface mining, and other development consistent with the provisions of subsection 33.1.7, Permitted Development and Uses Within Riparian Corridors and Forests. (Former Section CZ#A314-63(E)(7))
33.1.6 Definition of Coastal Riparian Corridors and Forests. For purposes of these regulations, riparian corridors on all perennial and intermittent streams located within the County’s Coastal Zone, shall be defined as one (1) of the following: (Former Section CZ#A31463(F))
33.1.6.1The larger of:
33.1.6.1.1A minimum setback of one hundred (100) feet on both sides of the stream, as measured horizontally from the stream transition lines; or (Former Section CZ#A314-63(F)(1)(a))
33.1.6.1.2A minimum setback of fifty (50) feet plus four (4) times the average percent of slope on both sides, as measured horizontally along the slope perpendicular to the stream transition lines; up to a maximum of two hundred (200) feet from the stream transition line on both sides of the streams; or (Former Section CZ#A314-63(F)(1)(b))
33.1.6.1.3Where significant areas of riparian vegetation, landslides and areas of slope instability exist adjacent to riparian corridors, as defined in accordance with the setbacks required in subsections 33.1.6.1.1 and 33.1.6.1.2, the riparian corridors shall be expanded to include such areas to a maximum setback of two hundred (200) feet from the stream transition lines; or (Former Section CZ#A31463(F)(1)(c))
33.1.6.1.4Along the Eel River and within riparian forests mapped in the Eel River Area Plan, two hundred (200) feet measured as the horizontal distance from the stream transition line. (Former Section CZ#A314-63(F)(1)(d))
33.1.6.2If either the County or the landowner requests, they may agree to expand the width of the riparian corridor to protect significant areas of vegetation or special habitat areas adjacent to the corridor described in paragraph 33.1.6.1. (Former Section CZ#A314-63(F)(2))
33.1.6.3The width of the riparian corridor, as described in paragraph 33.1.6.1, may be reduced where such a reduction would not result in the removal of the woody vegetation, and the County determines, based on specific factual findings, that a reduction of the corridor width will not result in a significant adverse impact to the habitat, and is consistent with the adopted Local Coastal Plan. (Former Section CZ#A314-63(F)(3))
33.1.7 Permitted Development and Uses Within Riparian Corridors and Forests.
33.1.7.1Timber management and timber harvesting activities regulated by the California Department of Forestry and the Board of Forestry, and forest improvement activities carried out under the Forest Improvement Program (FIP), Agricultural Conservation Program (ACP), or California Forest Improvement Program (Cal FIP) shall be exempt from requirements of this section. (Former Section CZ#A314-63(G)(1))
33.1.7.2New development within riparian corridors shall be limited to: (Former Section CZ#A314-63(G)(2))
33.1.7.2.1Maintenance dredging for flood control and drainage purposes consistent with the Transitional Agricultural Land Regulations; (Former Section CZ#A314-63(G)(2)(a))
33.1.7.2.2Maintenance or replacement of flood control structures, roads, fences, drainage channels, levees, floodgates, and tide gates; (Former Section CZ#A314-63(G)(2)(b))
33.1.7.2.3Wells in rural areas; (Former Section CZ#A314-63(G)(2)(c))
33.1.7.2.4Replacement or construction of roads, bridges, pipelines, electrical utility lines, municipal water systems, and incidental public service purposes, provided that the length of the facilities within the riparian corridor shall be minimized, where feasible, by rights-of-way which cross streams at right angles and do not parallel streams within the riparian corridor; (Former Section CZ#A31463(G)(2)(d))
33.1.7.2.5Removal of trees for disease control, or public safety purposes, or for firewood for personal use; (Former Section CZ#A31463(G)(2)(e))
33.1.7.2.6New fences, as long as they do not impede natural drainage or would not adversely affect the stream environment or wildlife. (Former Section CZ#A314-63(G)(2)(f))
33.1.7.2.7Timber management activities, provided that:
33.1.7.2.7.1In pre-commercial thinning and release activities, at least fifty percent (50%) of the treecrown canopy and fifty percent (50%) of other vegetation present before management operations shall be left standing. If either the County or the landowner requests, they may agree, after an on-the-ground inspection, to increase these percentages to protect special habitat values. (Former Section CZ#A314-63(G)(2)(g)(i))
33.1.7.2.7.2Follow-up treatments or other timber management activities which affect the tree canopy shall be permitted only when the canopy has been sufficiently re-established to prevent substantial adverse effects on soil erosion, wildlife, aquatic life, or the beneficial uses of water. These activities shall maintain a tree canopy similar to that which existed upon the completion of the initial thinning or release. (Former Section CZ#A314-63(G)(2)(g)(ii))
33.1.7.2.7.3In all timber management activities, including but not limited to pre-commercial thinning, release activities, and site preparation, heavy equipment shall be excluded from any area within fifty (50) feet, measured as a slope distance, from the stream transition line, and shall not be permitted in other portions of the riparian corridor except where justified as the least environmentally damaging feasible alternative. (Former Section CZ#A314-63(G)(2)(g)(iii))
33.1.7.2.7.4All activities shall be consistent with the Timber Harvest Rules of the California Board of Forestry which are applicable to the protection of aquatic life and water quality. (Former Section CZ#A314-63(G)(2)(g)(iv))
33.1.7.2.7.5Timber management proposals in conformance with the requirements listed in subsections 33.1.7.2.7.1 through 33.1.7.2.7.4, shall be prepared by a Registered Professional Forester. (Former Section CZ#A314-63(G)(2)(g)(v))
33.1.7.2.8Timber harvests of merchantable timber eighteen (18) inches in diameter, measured at four and one-half (4½) feet vertically above the ground, or greater, provided that timber harvest practices shall be consistent with those permitted by the Forest Practices Rules for Stream Protection Zones in Coastal Commission Special Treatment Areas. Unmerchantable hardwoods or shrubs shall be protected from unreasonable damage. Timber harvest proposals shall be prepared by a Registered Professional Forester. (Former Section CZ#A314-63(G)(2)(h))
nd, or greater, provided that timber harvest practices shall be consistent with those permitted by the Forest Practices Rules for Stream Protection Zones in Coastal Commission Special Treatment Areas. Unmerchantable hardwoods or shrubs shall be protected from unreasonable damage. Timber harvest proposals shall be prepared by a Registered Professional Forester. (Former Section CZ#A314-63(G)(2)(h))
33.1.7.2.9Public access trails provided that the length of the trail within the riparian corridor shall be minimized, where feasible, by rights of way which cross streams at right angles, which are kept as far up slope from the stream as possible, which involve a minimum of slope disturbance and vegetative clearing, and are the minimum width necessary. (Ord. 2277, § 1, 8/27/2002)
33.1.7.3Within riparian forests in the Eel River Planning Area: Conversion to agriculture is permitted on soils that are shown to be Class I or Class II, provided that a minimum 200 foot buffer of woody riparian vegetation remains between the boundaries of converted areas and the stream transition line. (Former Section CZ#A314-63(G)(3))
33.1.8 Bank Protection. ¶
33.1.8.1Protection measures for the Mad and Eel River banks shall be permitted for the following purposes: (Former Section CZ#A31463.1(A))
33.1.8.1.1Maintenance of necessary public or private roads; (Former Section CZ#A314-63.1(A)(1))
33.1.8.1.2Maintenance of existing levees and dikes; (Former Section CZ#A314-63.1(A)(2))
33.1.8.1.3Protection of principal structures in danger due to erosion; and/or (Former Section CZ#A314-63.1(A)(3))
33.1.8.1.4Protection of lands zoned AE (Agricultural Exclusive) from erosion. (Former Section CZ#A314-63.1(A)(4))
33.1.8.2 Types of Bank Protection Measures Permitted. The bank protection measures permitted are listed below in order of preference. The measures chosen for any bank protection project shall employ the highest-ranked protection measures wherever feasible. The preference ranking for permitted protection measures shall be as follows: (Former Section CZ#A314-63.1(B))
33.1.8.2.1Piling fence; (Former Section CZ#A314-63.1(B)(1))
33.1.8.2.2Rock hard points; (Former Section CZ#A314-63.1(B)(2))
33.1.8.2.3Continuous revetment. (Former Section CZ#A314-63.1(B)(3))
33.1.9 Required Findings. A Coastal Development Permit for development or activity within stream channels and riparian corridors shall be approved only if the applicable Resource Protection and Impact Findings in Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-63(H))
33.1.10 Required Mitigation. The best feasible measures to mitigate adverse environmental effects of development within riparian corridors shall be provided, and shall, at a minimum, include the following: (Former Section CZ#A314-63(I))
33.1.10.1Replanting of disturbed areas with riparian vegetation; or posting of a performance bond guaranteeing re-establishment of natural vegetation within two years (2yr). The mitigation plan for replanting and/or bonding shall be approved by the Hearing Officer. (Former Section CZ#A314-63(I)(1))
33.1.10.2Retaining snags, unless removal is required by CAL-OSHA regulations or for stream bank protection; (Former Section CZ#A314-63(I)(2))
33.1.10.3Retaining live trees with visible evidence of current use as nesting sites by hawks, owls, eagles, osprey, herons or egrets. (Former Section CZ#A314-63(I)(3))
33.1.11 Required Mitigation for Bank Protection Projects. Bank protection projects employing rock hard points or continuous revetment shall incorporate, at a minimum, the following mitigation measures: (Former Section CZ#A314-63.1(C))
33.1.11.1Bank protection projects, including design and materials, shall minimize adverse effects on fisheries, wildlife and recreation; (Former Section CZ#A314-63.1(C)(1))
33.1.11.2Where feasible, riparian vegetation shall be planted and maintained within the riparian corridor up to two hundred (200) feet landward of the bank protection project throughout its length. (Former Section CZ#A314-63.1(C)(2)) Your Selections
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33.1 R: STREAMS AND RIPARIAN CORRIDORS PROTECTION ¶
33.1.1 Purpose. The purpose of these regulations is to provide for the maintenance, enhancement, and, where feasible, restoration of water resources by restricting development, and by minimizing adverse effects of runoff, interference with surface waterflow, and alteration of natural streams, and by protecting riparian habitats. (Former Section CZ#A314-63(A))
33.1.2 Applicability. These regulations shall apply to: ¶
33.1.2.1All streams, riparian corridors and riparian forests designated “R” on the Zoning Maps; (Former Section CZ#A314-63(B)(1))
33.1.2.2All perennial and intermittent streams as delineated on U.S. Geological Survey 7.5-minute quadrangles. (Former Section CZ#A314-63(B)(2))
33.1.2.3All riparian lands and coastal streams listed in the Coastal Land Use Plan. (Former Section CZ#A314-63(B)(3))
It should be noted that additional stream protection regulations in Chapter 2 apply specifically to the Coastal Zone segments of the Mad and Eel Rivers.
33.1.3 Modifications Imposed by the Streams and Riparian Corridors Protection Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation which is most protective of natural resources shall apply. (Former Section CZ#A314-63(C))
33.1.4 Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review development plans proposed within stream channels and riparian corridors. The Agency shall be requested to respond within ten (10) working days of the referral. (Former Section CZ#A314-63(D))
33.1.5 Permitted Development within Coastal Stream Channels. New development within stream channels located within the County’s Coastal Zone, shall be limited to the following uses: (Former Section CZ#A314-63(E))
33.1.5.1Wetlands, fishery, and wildlife enhancement and restoration projects and small hydroelectric generating facilities; (Former Section CZ#A314-63(E)(1))
33.1.5.2Pipelines, utility lines, municipal water systems, wells in rural areas, and incidental public service purposes; (Former Section CZ#A314-63(E)(2))
33.1.5.3Road crossings, consistent with all of the applicable “Findings” provisions of Chapter 2. (See, Section 312-17, which sets forth findings required for all permits, and Section 312-39.11, which sets forth the Resource Protection Findings relating to Coastal Road Construction.) (Former Section CZ#A314-63(E)(3))
33.1.5.4Maintenance dredging for flood control and drainage purposes, consistent with the Transitional Agricultural Land Use regulations. (Former Section CZ#A314-63(E)(4))
33.1.5.5Maintenance of levees, roads, dikes, drainage channels, floodgates and tidegates including replacement; (Former Section CZ#A314-63(E)(5))
33.1.5.6Construction of new fences, so long as it would not impede the natural drainage; (Former Section CZ#A314-63(E)(6))
33.1.5.7Bank protection, surface mining, and other development consistent with the provisions of subsection 33.1.7, Permitted Development and Uses Within Riparian Corridors and Forests. (Former Section CZ#A314-63(E)(7))
33.1.6 Definition of Coastal Riparian Corridors and Forests. For purposes of these regulations, riparian corridors on all perennial and intermittent streams located within the County’s Coastal Zone, shall be defined as one (1) of the following: (Former Section CZ#A31463(F))
33.1.6.1The larger of:
33.1.6.1.1A minimum setback of one hundred (100) feet on both sides of the stream, as measured horizontally from the stream transition lines; or (Former Section CZ#A314-63(F)(1)(a))
33.1.6.1.2A minimum setback of fifty (50) feet plus four (4) times the average percent of slope on both sides, as measured horizontally along the slope perpendicular to the stream transition lines; up to a maximum of two hundred (200) feet from the stream transition line on both sides of the streams; or (Former Section CZ#A314-63(F)(1)(b))
33.1.6.1.3Where significant areas of riparian vegetation, landslides and areas of slope instability exist adjacent to riparian corridors, as defined in accordance with the setbacks required in subsections 33.1.6.1.1 and 33.1.6.1.2, the riparian corridors shall be expanded to include such areas to a maximum setback of two hundred (200) feet from the stream transition lines; or (Former Section CZ#A31463(F)(1)(c))
33.1.6.1.4Along the Eel River and within riparian forests mapped in the Eel River Area Plan, two hundred (200) feet measured as the horizontal distance from the stream transition line. (Former Section CZ#A314-63(F)(1)(d))
33.1.6.2If either the County or the landowner requests, they may agree to expand the width of the riparian corridor to protect significant areas of vegetation or special habitat areas adjacent to the corridor described in paragraph 33.1.6.1. (Former Section CZ#A314-63(F)(2))
33.1.6.3The width of the riparian corridor, as described in paragraph 33.1.6.1, may be reduced where such a reduction would not result in the removal of the woody vegetation, and the County determines, based on specific factual findings, that a reduction of the corridor width will not result in a significant adverse impact to the habitat, and is consistent with the adopted Local Coastal Plan. (Former Section CZ#A314-63(F)(3))
33.1.7 Permitted Development and Uses Within Riparian Corridors and Forests.
33.1.7.1Timber management and timber harvesting activities regulated by the California Department of Forestry and the Board of Forestry, and forest improvement activities carried out under the Forest Improvement Program (FIP), Agricultural Conservation Program (ACP), or California Forest Improvement Program (Cal FIP) shall be exempt from requirements of this section. (Former Section CZ#A314-63(G)(1))
33.1.7.2New development within riparian corridors shall be limited to: (Former Section CZ#A314-63(G)(2))
33.1.7.2.1Maintenance dredging for flood control and drainage purposes consistent with the Transitional Agricultural Land Regulations; (Former Section CZ#A314-63(G)(2)(a))
33.1.7.2.2Maintenance or replacement of flood control structures, roads, fences, drainage channels, levees, floodgates, and tide gates; (Former Section CZ#A314-63(G)(2)(b))
33.1.7.2.3Wells in rural areas; (Former Section CZ#A314-63(G)(2)(c))
33.1.7.2.4Replacement or construction of roads, bridges, pipelines, electrical utility lines, municipal water systems, and incidental public service purposes, provided that the length of the facilities within the riparian corridor shall be minimized, where feasible, by rights-of-way which cross streams at right angles and do not parallel streams within the riparian corridor; (Former Section CZ#A31463(G)(2)(d))
33.1.7.2.5Removal of trees for disease control, or public safety purposes, or for firewood for personal use; (Former Section CZ#A31463(G)(2)(e))
33.1.7.2.6New fences, as long as they do not impede natural drainage or would not adversely affect the stream environment or wildlife. (Former Section CZ#A314-63(G)(2)(f))
33.1.7.2.7Timber management activities, provided that:
33.1.7.2.7.1In pre-commercial thinning and release activities, at least fifty percent (50%) of the treecrown canopy and fifty percent (50%) of other vegetation present before management operations shall be left standing. If either the County or the landowner requests, they may agree, after an on-the-ground inspection, to increase these percentages to protect special habitat values. (Former Section CZ#A314-63(G)(2)(g)(i))
33.1.7.2.7.2Follow-up treatments or other timber management activities which affect the tree canopy shall be permitted only when the canopy has been sufficiently re-established to prevent substantial adverse effects on soil erosion, wildlife, aquatic life, or the beneficial uses of water. These activities shall maintain a tree canopy similar to that which existed upon the completion of the initial thinning or release. (Former Section CZ#A314-63(G)(2)(g)(ii))
33.1.7.2.7.3In all timber management activities, including but not limited to pre-commercial thinning, release activities, and site preparation, heavy equipment shall be excluded from any area within fifty (50) feet, measured as a slope distance, from the stream transition line, and shall not be permitted in other portions of the riparian corridor except where justified as the least environmentally damaging feasible alternative. (Former Section CZ#A314-63(G)(2)(g)(iii))
33.1.7.2.7.4All activities shall be consistent with the Timber Harvest Rules of the California Board of Forestry which are applicable to the protection of aquatic life and water quality. (Former Section CZ#A314-63(G)(2)(g)(iv))
33.1.7.2.7.5Timber management proposals in conformance with the requirements listed in subsections 33.1.7.2.7.1 through 33.1.7.2.7.4, shall be prepared by a Registered Professional Forester. (Former Section CZ#A314-63(G)(2)(g)(v))
33.1.7.2.8Timber harvests of merchantable timber eighteen (18) inches in diameter, measured at four and one-half (4½) feet vertically above the ground, or greater, provided that timber harvest practices shall be consistent with those permitted by the Forest Practices Rules for Stream Protection Zones in Coastal Commission Special Treatment Areas. Unmerchantable hardwoods or shrubs shall be protected from unreasonable damage. Timber harvest proposals shall be prepared by a Registered Professional Forester. (Former Section CZ#A314-63(G)(2)(h))
nd, or greater, provided that timber harvest practices shall be consistent with those permitted by the Forest Practices Rules for Stream Protection Zones in Coastal Commission Special Treatment Areas. Unmerchantable hardwoods or shrubs shall be protected from unreasonable damage. Timber harvest proposals shall be prepared by a Registered Professional Forester. (Former Section CZ#A314-63(G)(2)(h))
33.1.7.2.9Public access trails provided that the length of the trail within the riparian corridor shall be minimized, where feasible, by rights of way which cross streams at right angles, which are kept as far up slope from the stream as possible, which involve a minimum of slope disturbance and vegetative clearing, and are the minimum width necessary. (Ord. 2277, § 1, 8/27/2002)
33.1.7.3Within riparian forests in the Eel River Planning Area: Conversion to agriculture is permitted on soils that are shown to be Class I or Class II, provided that a minimum 200 foot buffer of woody riparian vegetation remains between the boundaries of converted areas and the stream transition line. (Former Section CZ#A314-63(G)(3))
33.1.8 Bank Protection. ¶
33.1.8.1Protection measures for the Mad and Eel River banks shall be permitted for the following purposes: (Former Section CZ#A31463.1(A))
33.1.8.1.1Maintenance of necessary public or private roads; (Former Section CZ#A314-63.1(A)(1))
33.1.8.1.2Maintenance of existing levees and dikes; (Former Section CZ#A314-63.1(A)(2))
33.1.8.1.3Protection of principal structures in danger due to erosion; and/or (Former Section CZ#A314-63.1(A)(3))
33.1.8.1.4Protection of lands zoned AE (Agricultural Exclusive) from erosion. (Former Section CZ#A314-63.1(A)(4))
33.1.8.2 Types of Bank Protection Measures Permitted. The bank protection measures permitted are listed below in order of preference. The measures chosen for any bank protection project shall employ the highest-ranked protection measures wherever feasible. The preference ranking for permitted protection measures shall be as follows: (Former Section CZ#A314-63.1(B))
33.1.8.2.1Piling fence; (Former Section CZ#A314-63.1(B)(1))
33.1.8.2.2Rock hard points; (Former Section CZ#A314-63.1(B)(2))
33.1.8.2.3Continuous revetment. (Former Section CZ#A314-63.1(B)(3))
33.1.9 Required Findings. A Coastal Development Permit for development or activity within stream channels and riparian corridors shall be approved only if the applicable Resource Protection and Impact Findings in Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-63(H))
33.1.10 Required Mitigation. The best feasible measures to mitigate adverse environmental effects of development within riparian corridors shall be provided, and shall, at a minimum, include the following: (Former Section CZ#A314-63(I))
33.1.10.1Replanting of disturbed areas with riparian vegetation; or posting of a performance bond guaranteeing re-establishment of natural vegetation within two years (2yr). The mitigation plan for replanting and/or bonding shall be approved by the Hearing Officer. (Former Section CZ#A314-63(I)(1))
33.1.10.2Retaining snags, unless removal is required by CAL-OSHA regulations or for stream bank protection; (Former Section CZ#A314-63(I)(2))
33.1.10.3Retaining live trees with visible evidence of current use as nesting sites by hawks, owls, eagles, osprey, herons or egrets. (Former Section CZ#A314-63(I)(3))
33.1.11 Required Mitigation for Bank Protection Projects. Bank protection projects employing rock hard points or continuous revetment shall incorporate, at a minimum, the following mitigation measures: (Former Section CZ#A314-63.1(C))
33.1.11.1Bank protection projects, including design and materials, shall minimize adverse effects on fisheries, wildlife and recreation; (Former Section CZ#A314-63.1(C)(1))
33.1.11.2Where feasible, riparian vegetation shall be planted and maintained within the riparian corridor up to two hundred (200) feet landward of the bank protection project throughout its length. (Former Section CZ#A314-63.1(C)(2)) Your Selections
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34.1 S: DEVELOPMENT STANDARD COMBINING ZONE REGULATIONS ¶
34.1.1 Title and Purpose. The provisions of this section shall be known as the Development Standard Combining Zone Regulations. The Development Standard Combining Zone Regulations are intended to allow modification of the specific development standards in the principal zones to more precisely implement the General Plan. (Former Section CZ#A313-41(A))
34.1.2 Applicability. The County Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may include the “S” - “Development Standard Combining Zone” with any Principal Zone. By doing so, the Board of Supervisors may modify any or all of the following development standards: (Former Section CZ#A313-41(B))
34.1.2.1Minimum Lot Size
34.1.2.2Minimum Average Lot Size
34.1.2.3Minimum Lot Width
34.1.2.4Maximum Lot Depth
34.1.2.5Minimum Yard Setbacks
34.1.2.6Maximum Ground Coverage
34.1.2.7Maximum Building Height
34.1.2.8Permitted Principal Building Types
34.1.3 Limitations to Modifying Development Standards. Modifications of development standards are subject to the following limitations: (Former Section CZ#A313-41(C))
34.1.3.1Minimum Lot Size shall not be modified below five thousand (5,000) square feet. (Former Section CZ#A313-41(C)(1))
34.1.3.2Minimum Lot Width shall not be modified below fifty (50) feet. (Former Section CZ#A313-41(C)(2))
34.1.3.3Principal Zones may be modified to allow manufactured homes as a permitted building type only when the zoning district to be modified will include a minimum area of four (4) acres or four (4) city blocks. (Former Section CZ#A313-41(C)(3))
34.1.4 Map Designation. When combined with a principal zone, the Development Standard Combining Zone shall be designated on the adopted zoning maps by the designator “S,” except as provided herein. The “S” designator shall immediately follow the principal zone designator, or, where applicable, shall immediately follow the maximum density designator. The development standards that are modified shall also be represented on the adopted zoning maps in a table format in the order listed in this section. Arabic numerals shall be used in the table to specify all modified development standards, except for permitted principal building types. Permitted building types shall be represented by name in the table. Minimum Lot Size shall be represented by a number which represents thousands of square feet, followed by the lower case letter “s,” or by a number which represents numbers of acres, followed by the lower case letter “a,” whichever is appropriate. For example: RS7.5s would require a minimum lot size of seven thousand five hundred (7,500) square feet. (Former Section CZ#A313-41(D))
34.2 SM: MODIFIED BUILDING STANDARDS INCLUDING PROVISION FOR MANUFACTURED HOMES ¶
(See also Special Combining Zone “M”)
34.2.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designators shall be used as applicable: (Former Section CZ#A313-41(E))
34.2.1.1SM - where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section CZ#A313-41(E)(1))
34.2.1.2(See also, the subsection, Special Combining Zone “M”, where the development standards are modified for the sole purpose of allowing manufactured homes.) (Former Section CZ#A313-41(E)(2))
When the M designator is used, the permitted building type shall not be listed by name in the table format. (Former Section CZ#A31341(E))
34.3 SX: DEVELOPMENT STANDARDS WHICH ARE COMBINED WITH A PROHIBITION AGAINST FURTHER SUBDIVISION
(See also Special Combining Zone “X”)
34.3.1 Special Representation for Development Standards Where No Further Subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone as well as prohibit further subdivisions of any lots within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(F))
34.3.1.1SX - where development standards are modified in addition to prohibiting further subdivision. (Former Section CZ#A31341(F)(1))
34.3.1.2(See also, the subsection, Special Combining Zone “X”, where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone.) (Former Section CZ#A313-41(F)(2))
34.4 SY: DEVELOPMENT STANDARDS WHERE STANDARDS IN ADDITION TO MINIMUM LOT SIZE ARE… ¶
(See also Special Combining Zone “Y”)
34.4.1 Special Representation for Minimum Lot Size, where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(G))
34.4.1.1SY - where development standards in addition to the minimum lot size are modified. (Former Section CZ#A313-41(G)(1))
34.4.1.2SY (x) - where, on the zoning maps, “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate SY(x) parcel size designation shall be required. As necessary to maintain consistency with the General Plan, the lot size specification requirements shall be a part of the enforceable restrictions of the subdivision. (Former Section CZ#A313-41(G)(3))
34.4.1.3(See also, the subsection, Special Combining Zone “Y.”)
34.5 STMP: SAMOA TOWN PLAN STANDARDS ¶
34.5.1 Purpose. The purpose of these regulations is to provide for the comprehensive planning and orderly development of the community of Samoa.
34.5.2 Applicability. These regulations shall apply within the STMP-LUP, specifically to the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, APN 401-031-67, and APN 401-031-44, generally depicted on Exhibit 25.
34.5.3 Modifications Imposed by the STMP Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
Modifications Imposed by the STMP Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into one two (2) master parcels generally depicted on Exhibit 25A. The two resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMPLUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUMMAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4 STMP Development Findings. Coastal development permit approvals for development within the lands subject to the STMP shall only be authorized if the following requirements are met, in addition to any other applicable requirements of the certified Local Coastal Program. Development within the STMP may only be authorized if the decision-making authority adopts specific findings of consistency with the following numbered regulations and provisions and all other applicable requirements of the certified LCP.
34.5.4.1 STMP (New Development) Standard 1. ¶
34.5.4.1.1New development authorized within the STMP-LUP including restoration of existing structures shall incorporate the best available practices for the protection of coastal waters. To achieve these standards, the applicant shall provide supplemental information as a filing requirement of any coastal development permit application for development within the area subject to the STMP, and the pertinent decision-makers shall adopt specific findings and attach conditions requiring the incorporation of, and compliance with, these water quality protection measures in approving coastal development permits for subdivision or further development of the lands subject to the standards of the STMP.
34.5.4.1.1.1 Construction pollution control plan. A construction-phase erosion, sedimentation, and polluted runoff control plan (“construction pollution control plan”) shall specify interim best management practices (BMPs) that will be implemented to minimize erosion and sedimentation during construction, and prevent contamination of runoff by construction chemicals and materials, to the maximum extent practicable. The construction pollution control plan shall demonstrate that:
34.5.4.1.1.1.1During construction, development shall minimize site runoff and erosion through the use of temporary BMPs (including, but not limited to, soil stabilization measures), and shall eliminate the discharge of sediment and other stormwater pollution resulting from construction activities (e.g., chemicals, vehicle fluids, asphalt and cement compounds, and debris), to the extent feasible.
34.5.4.1.1.1.2Land disturbance activities during construction (e.g., clearing, grading, and cut-and-fill) shall be minimized, to the extent feasible, to avoid increased erosion and sedimentation. Soil compaction due to construction activities shall be minimized, to the extent feasible, to retain the natural stormwater infiltration capacity of the soil.
34.5.4.1.1.1.3Construction shall minimize the disturbance of natural vegetation (including significant trees, native vegetation, and root structures), which is important for preventing erosion and sedimentation.
34.5.4.1.1.1.4Development shall implement soil stabilization BMPs, including but not limited to re-vegetation, on graded or disturbed areas as soon as feasible.
34.5.4.1.1.1.5Grading operations shall not be conducted during the rainy season (from October 1 to April 15), except in response to emergencies, unless the County determines that soil conditions at the project site are suitable, the likelihood of significant precipitation is low during the period of extension, (not to exceed one week at a time), and adequate erosion and sedimentation control measures will be in place during all grading operations.
34.5.4.1.1.1.6The construction pollution control plan shall be submitted with the final construction drawings. The plan shall include, at a minimum, a narrative report describing all temporary polluted runoff, sedimentation, and erosion control measures to be implemented during construction, including:
34.5.4.1.1.1.6.1Controls to be implemented on the amount and timing of grading.
34.5.4.1.1.1.6.2BMPs to be implemented for staging, storage, and disposal of excavated materials.
34.5.4.1.1.1.6.3Design specifications for structural treatment control BMPs, such as sedimentation basins.
34.5.4.1.1.1.6.4Re-vegetation or landscaping plans for graded or disturbed areas.
34.5.4.1.1.1.6.5Other soil stabilization BMPs to be implemented.
34.5.4.1.1.1.6.6Methods to infiltrate or treat stormwater prior to conveyance off-site during construction.
34.5.4.1.1.1.6.7Methods to eliminate or reduce the discharge of other stormwater pollutants resulting from construction activities (including but not limited to paints, solvents, vehicle fluids, asphalt and cement compounds, and debris) into stormwater runoff.
34.5.4.1.1.1.6.8BMPs to be implemented for staging, storage, and disposal of construction chemicals and materials.
34.5.4.1.1.1.6.9Proposed methods for minimizing land disturbance activities, soil compaction, and disturbance of natural vegetation.
34.5.4.1.1.1.6.10A site plan showing the location of all temporary erosion control measures.
34.5.4.1.1.1.6.11A schedule for installation and removal of the temporary erosion control measures.
34.5.4.1.1.2 Post-Construction Stormwater Plan. A plan to control post-construction stormwater runoff flows, and maintain or improve water quality (“post-construction stormwater plan”) shall specify site design, source control, and if necessary, treatment control BMPs that will be implemented to minimize stormwater pollution and minimize or eliminate increases in stormwater runoff volume and rate from the development after construction. The post-construction stormwater plan shall demonstrate that:
34.5.4.1.1.2.1Following construction, erosion on the site shall be controlled to avoid adverse impacts on adjacent properties and resources.
34.5.4.1.1.2.2Permanent erosion control measures shall be installed, as may be needed, depending upon the intensity of development proposed and the sensitivity of receiving waters.
34.5.4.1.1.2.3Runoff from the project shall not increase sedimentation in receiving waters.
34.5.4.1.1.2.4On-site filtering, grease, and/or sediment trapping systems shall be installed, as needed, to capture any pollutants contained in the runoff.
34.5.4.1.1.2.5Permanent runoff/drainage control improvements, such as subsurface drainage interception, energy dissipaters, recovery/reuse cisterns, detention/retention impoundments, etc. shall be installed, as needed, at the point of discharge.
34.5.4.1.1.2.6In the application and initial planning process, the applicant shall submit a preliminary post-construction stormwater plan, and prior to issuance of a building permit the applicant shall submit a final post-construction stormwater plan for approval by the County. The plan shall include, at a minimum, the following components:
34.5.4.1.1.2.6.1Proposed site design and source control BMPs that will be implemented to minimize post-construction polluted runoff.
34.5.4.1.1.2.6.2Proposed drainage improvements (including locations of infiltration basins, and diversions/ conveyances for upstream runoff).
34.5.4.1.1.2.6.3Measures to maximize on-site retention and infiltration (including directing rooftop runoff to permeable areas rather than to driveways).
34.5.4.1.1.2.6.4Measures to maximize, to the extent practicable, the percentage of permeable surfaces, and to limit the percentage of directly connected impervious areas, to increase infiltration of runoff.
34.5.4.1.1.2.6.5Methods to convey runoff from impervious surfaces into permeable areas of the property in a non-erosive manner.
34.5.4.1.1.2.6.6A site plan showing the location of all permanent erosion control measures.
34.5.4.1.1.2.6.7A schedule for installation and maintenance of the permanent erosion control measures.
34.5.4.1.1.2.6.8A schedule for installation and maintenance of the sediment and debris filtration, grease and/or sediment trap, etc., as warranted for the type of development and site.
34.5.4.1.1.2.6.9A site plan showing finished grades in one-foot contour intervals and associated drainage improvements.
34.5.4.1.1.3 Site design using low impact development techniques. The post-construction stormwater plan shall demonstrate the preferential consideration of low impact development (LID) techniques in order to minimize stormwater quality and quantity impacts from development. LID is a development site design strategy with a goal of maintaining or reproducing the site’s pre-development hydrologic functions of storage, infiltration, and groundwater recharge, as well as the volume and rate of stormwater discharges. LID strategies use small-scale integrated and distributed management practices, including minimizing impervious surfaces, infiltrating stormwater close to its source, and preservation of permeable soils and native vegetation. LID techniques to consider include, but are not limited to, the following:
34.5.4.1.1.3.1Development shall be sited and designed to preserve the infiltration, purification, detention, and retention functions of natural drainage systems that exist on the site, to the maximum extent practicable. Drainage shall be conveyed from the developed area of the site in a non-erosive manner.
34.5.4.1.1.3.2Development shall minimize the creation of impervious surfaces (including pavement, sidewalks, driveways, patios, parking areas, streets, and roof-tops), especially directly connected impervious areas, to the maximum extent practicable. Directly connected impervious areas include areas covered by a building, impermeable pavement, and/or other impervious surfaces, which drain directly into the storm drain system without first flowing across permeable land areas (e.g., lawns).
nt, sidewalks, driveways, patios, parking areas, streets, and roof-tops), especially directly connected impervious areas, to the maximum extent practicable. Directly connected impervious areas include areas covered by a building, impermeable pavement, and/or other impervious surfaces, which drain directly into the storm drain system without first flowing across permeable land areas (e.g., lawns).
34.5.4.1.1.3.3Development shall maintain or enhance, where appropriate and feasible, on-site infiltration of stormwater runoff, in order to preserve natural hydrologic conditions, recharge groundwater, attenuate runoff flow, and minimize transport of pollutants. Alternative management practices shall be substituted where the review authority has determined that infiltration BMPs may result in adverse impacts, including but not limited to where saturated soils may lead to geologic instability, where infiltration may contribute to flooding, or where regulations to protect groundwater may be violated.
34.5.4.1.1.3.4Development that creates new impervious surfaces shall divert stormwater runoff flowing from these surfaces into permeable areas in order to maintain, or enhance where appropriate and feasible, on-site stormwater infiltration capacity.
34.5.4.1.1.3.5To enhance stormwater infiltration capacity, development applicants shall use permeable pavement materials and techniques (e.g., paving blocks, porous asphalt, permeable concrete, and reinforced grass or gravel), where appropriate and feasible.
Permeable pavements shall be designed so that stormwater infiltrates into the underlying soil, to enhance groundwater recharge and provide filtration of pollutants.
34.5.4.1.1.4 Water quality and hydrology plan for developments of water quality concern. In addition to the information to be provided in the post-construction stormwater plan, applicants for “developments of water quality concern,” shall submit a water quality and hydrology plan and be subject to the additional requirements listed below.
34.5.4.1.1.4.1“Developments of water quality concern” include the following:
34.5.4.1.1.4.1.1Housing developments of five (5) or more dwelling units, including but not limited to residential subdivisions.
34.5.4.1.1.4.1.2Hillside developments on slopes greater than 20 percent, located in areas with highly erodible soil, such as soils deposited in association with dune formation.
34.5.4.1.1.4.1.3Developments that will cumulatively result in the creation, addition, or replacement of one acre or more of impervious surface area.
34.5.4.1.1.4.1.4Parking lots with ten thousand (10,000) square feet or more of impervious surface area, potentially exposed to stormwater runoff, or where, combined with adjacent structures, will cumulatively exceed ten thousand (10,000) square feet.
34.5.4.1.1.4.1.5Vehicle service facilities, including retail gasoline outlets, commercial car washes, and vehicle repair facilities, with ten thousand (10,000) square feet or more of impervious surface area.
34.5.4.1.1.4.1.6Business or Industrial parks, or other commercial or recreational development with ten thousand (10,000) square feet or more of impervious surface area, including associated parking.
34.5.4.1.1.4.1.7Commercial, recreational or industrial outdoor storage areas of five thousand (5,000) square feet or more, or as determined by the County based on the use of the storage area, where used for storage of materials that may contribute pollutants to the storm drain system or coastal waters.
34.5.4.1.1.4.1.8Business, industrial, commercial, agricultural, or recreational developments of any size that utilize chemicals that may contribute pollutants to the storm drain system that would adversely affect the functioning of the vegetated filtration fields associated with the waste water treatment plant.
34.5.4.1.1.4.1.9Streets, roads, bus stops, and adjacent bicycle lanes and sidewalks cumulatively equaling ten thousand (10,000) feet or more of impervious surface area, but not including Class I (stand-alone) pedestrian pathways, trails, and off-street bicycle lanes.
34.5.4.1.1.4.1.10All developments entailing the creation, addition, or replacement of 5,000 square feet or more of impervious surface area, located within two hundred (200) feet of the ocean or a coastal water body (including estuaries, wetlands, rivers, streams, and lakes), or that discharge directly to the ocean or a water body (i.e., outflow from the drainage conveyance system is composed entirely of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands.)
34.5.4.1.1.4.2Additional Requirements for developments of water quality concern:
34.5.4.1.1.4.2.1Water quality and hydrology plan. The applicant for a development of water quality concern shall be required to submit a water quality & hydrology plan (WQHP), prepared by a California licensed civil engineer or landscape architect, which supplements the post-construction stormwater plan. The WQHP shall include calculations, per County standards, that estimate increases in pollutant loads and changes in stormwater runoff hydrology (i.e., volume and flow rate) resulting from the proposed development, and shall specify the BMPs that will be implemented to minimize post-construction water quality and hydrologic impacts. The WQHP shall also include operation and maintenance plans for post-construction treatment control BMPs. In the application and initial planning process, the applicant shall be required to submit for approval a preliminary WQHP, and prior to issuance of a building permit the applicant shall submit a final WQHP for approval by the County Engineer.
onstruction water quality and hydrologic impacts. The WQHP shall also include operation and maintenance plans for post-construction treatment control BMPs. In the application and initial planning process, the applicant shall be required to submit for approval a preliminary WQHP, and prior to issuance of a building permit the applicant shall submit a final WQHP for approval by the County Engineer.
34.5.4.1.1.4.2.2Selection of structural treatment control BMPs. If the County determines that the combination of site design and source control BMPs is not sufficient to protect water quality and coastal waters, a structural treatment control BMP (or suite of BMPs) shall also be required. developments of water quality concern are presumed to require treatment control BMPs to meet the requirements of the coastal land use plan and state and federal water quality laws, unless the water quality & hydrology plan demonstrates otherwise.
The water quality & hydrology plan for a development of water quality concern shall describe the selection of treatment controls BMPs. Applicants shall first consider the treatment control BMP, or combination of BMPs, that is most effective at removing the pollutant(s) of concern, or provide a justification if that BMP is determined to be infeasible.
34.5.4.1.1.4.2.385th percentile design standard for treatment control BMPs. For post-construction treatment of stormwater runoff in developments of water quality concern, treatment control BMPs (or suites of BMPs) shall be sized and designed to treat, infiltrate, or filter the amount of stormwater runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of 2 or greater) for flowbased BMPs.
34.5.4.1.1.4.2.4Maintain pre-development hydrograph. In developments of water quality concern where changes in stormwater runoff hydrology (i.e., volume and flow rate) may result in increased potential for stream bank erosion, downstream flooding, or other adverse habitat impacts, hydrologic control measures (e.g., stormwater infiltration, detention, harvest and re-use, and landscape evapotranspiration) shall be implemented in order to ensure that the pre- and post-project runoff hydrographs match within 10% for a two-year return frequency storm.
34.5.4.1.1.4.3 Content. The water quality and hydrology plan shall contain the following:
34.5.4.1.1.4.3.1Site design, source control, and treatment control BMPs that will be implemented to minimize post-construction water quality and hydrologic impacts.
34.5.4.1.1.4.3.2All of the information required in sub-section A for the post-construction stormwater plan.
34.5.4.1.1.4.3.3Pre-development stormwater runoff hydrology (i.e., volume and flow rate) from the site.
34.5.4.1.1.4.3.4Expected post-development stormwater runoff hydrology (i.e., volume and flow rate) from the site, with all proposed non-structural and structural BMPs in place.
34.5.4.1.1.4.3.5Measures to infiltrate or treat runoff from impervious surfaces (including roads, driveways, parking structures, building pads, roofs, and patios) on the site, and to discharge the runoff in a manner that avoids potential adverse impacts. Such measures may include, but are not limited to, structural treatment control BMPs including biofilters, grassy swales, on-site de-silting basins, detention ponds, or dry wells.
34.5.4.1.1.4.3.6A description of how the BMPs (or suites of BMPs) have been designed to infiltrate and/or treat the amount of storm water runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of two (2) or greater) for flow-based BMPs.
34.5.4.1.1.4.3.7Appropriate structural post-construction Treatment Control BMPs selected to remove the specific runoff pollutants generated by the development, using processes such as gravity settling, filtration, biological uptake, media adsorption, or any other physical, chemical, or biological process.
34.5.4.1.1.4.3.8A long-term plan and schedule for the monitoring and maintenance of all structural Treatment Control BMPs. All structural BMPs shall be inspected, cleaned, and repaired as necessary to ensure their effective operation for the life of the development. Owners of these devices shall be responsible for ensuring that they continue to function properly, and additional inspections should occur after storms as needed throughout the rainy season. Repairs, modifications, or installation of additional BMPs, as needed, shall be carried out prior to the next rainy season.
34.5.4.1.1.5 Best management practices (BMPs); selection and incorporation. ¶
34.5.4.1.1.5.1All development shall incorporate effective site design and long-term post-construction source control BMPs, as necessary to minimize adverse impacts to water quality and coastal waters resulting from the development, to the maximum extent practicable. BMPs that protect post-construction water quality and minimize increases in runoff volume and rate shall be incorporated as necessary in the project design of developments in the following order of priority:
34.5.4.1.1.5.1.1Site design BMPs: Project design features that reduce the creation or severity of potential pollutant sources, or reduce the alteration of the project site’s natural stormwater flow regime. Examples are minimizing impervious surfaces, preserving native vegetation, and minimizing grading.
34.5.4.1.1.5.1.2Source control BMPs: Methods that reduce potential pollutants at their sources and/or avoid entrainment of pollutants in runoff, including schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or operational practices. Examples are covering outdoor storage areas, use of efficient irrigation, and minimizing the use of landscaping chemicals.
34.5.4.1.1.5.1.3Treatment control BMPs: Systems designed to remove pollutants from stormwater, by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption, or any other physical, biological, or chemical process. Examples are vegetated swales, detention basins, and storm drain inlet filters.
34.5.4.1.1.5.2The selection of BMPs shall be guided by the California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks dated January 2003 (or the current edition), or an equivalent BMP manual that describes the type, location, size, implementation, and maintenance of BMPs suitable to address the pollutants generated by the development and specific to a climate similar to Humboldt County’s. Caltrans' 2007 “Storm Water Quality Handbook: Project Planning and Design Guide” (or the current edition) may also be used to guide design of construction-phase BMPs. Additional guidance on BMPs is available from the state water resources and water quality boards, the U.S. Environmental Protection Agency, regional entities such as the Bay Area Stormwater Management Agencies Association’s (BASMAA) “Start at the Source: Design Guidance Manual for Stormwater Quality Protection,” and/or as may be developed from time to time with technological advances in water quality treatment.
34.5.4.1.1.5.3Where BMPs, are required, BMPs shall be selected that have been shown to be effective in reducing the pollutants typically generated by the proposed land use. The strategy for selection of appropriate BMPs to protect water quality and coastal
waters shall be guided by Tables 21-55B-1 through -3, below, or equivalent tables which list pollutants of concern and appropriate BMPs for each type of development or land use. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4.2 STMP (New Development) Standard 2. ¶
34.5.4.2.1Remediation of contamination, including contaminated soils or residual lead paint on structural surfaces, and/or reinforcement/replacement of the foundations of aging structures associated with the “company town” of Samoa shall be undertaken with special care to preserve the structural integrity and authentic period details (such as original woodwork, windows, and millwork) of the structures, in accordance with the following additional requirements:
34.5.4.2.1.1Proposals for remediation shall clearly indicate the removal methods that will be used for the soil, groundwater, and the existing structures in the coastal development permit application submitted to the reviewing authority for each project. In addition, such proposals shall include a Standard Operating Procedure for safe implementation of removal methods that will be used on or near the existing structures, and the Standard Operating Procedure shall be incorporated into each applicable removal contract and which shall clearly state the manner in which release of contaminants to the environment will be prevented;
34.5.4.2.1.2A coastal development permit application for such work shall include a survey of each existing structure (a “Building Survey”) included in the proposed project or within a 25-foot radius of the proposed project. The Building Survey document shall include at a minimum: a section and plan of the proposed site including existing structures and if a soil removal is proposed – a section and plan prepared by a California-licensed professional civil engineer (“civil engineer”) indicating the excavation limits (depth and distance from existing structures), elevation drawings (each façade) of all existing buildings within the proposed project area and the project radius, an evaluation of the structural integrity of each existing structure (including the foundation, exterior walls, and all attached structures such as porches and decks), photographs to support the findings, a description of any prior site disturbance as the result of past remedial actions or naturally occurring earth movement, and provide a written report of the survey conclusions, including recommendations to ensure that the structure remains stable throughout the proposed removal work as well as postremediation. In addition, the civil engineer shall clearly determine whether the existing foundation of each structure will adequately support the building throughout the removal of hazardous materials or if a new foundation is recommended.
en report of the survey conclusions, including recommendations to ensure that the structure remains stable throughout the proposed removal work as well as postremediation. In addition, the civil engineer shall clearly determine whether the existing foundation of each structure will adequately support the building throughout the removal of hazardous materials or if a new foundation is recommended.
34.5.4.2.1.3In the event that a new foundation is recommended by the civil engineer pursuant to Subparagraph 2 above, the civil engineer shall propose an appropriate foundation which meets current California State building standards. The reviewing authority shall require that the new foundation be installed in accordance with the civil engineer’s recommendations prior to any site disturbance that the civil engineer indicates could compromise the stability of an existing structure. The civil engineer shall provide a post-remediation survey of each historic structure and warrant the continued stability of the structure in a final report submitted to the reviewing authority, including documentation that the recommendations of the civil engineer have been fully implemented, including the construction of the new foundations where such recommendation has been identified. Should unanticipated de-stabilization of any existing structure occur during remedial activities, site disturbance shall be halted, the structure temporarily stabilized, and a civil engineering analysis and recommendations to stabilize the structure permanently shall be obtained by the reviewing authority and implemented before remediation or other site disturbance resumes. All civil engineering analyses and reports pertaining to these requirements shall be collected and preserved by the reviewing authority and retained in permanent public files. All survey and civil engineering work performed in accordance with these requirements shall be undertaken by a California State-licensed registered professional civil engineer.
34.5.4.3 STMP (New Development) Standard 3. ¶
34.5.4.1Existing structures associated with the historic town shall be restored and maintained in a manner that protects the historic character, period details, and authentic original materials of the original structures. Replacement of period details and features with new materials or methods designed to achieve energy conservation shall not be undertaken in a manner that would replace or distract from the existing period details such as original wood-framed windows and hand-turned wooden decorative details evident in many of the existing Samoa “company town” structures.
34.5.4.4 STMP (Wetlands/ESHA) Standard 1. ¶
34.5.4.4.1The biological report required by STMP (Wetlands/ESHA) Policy 11 shall include, but is not limited to, the following:
34.5.4.4.1.1A study identifying biological resources existing on the site, and the historical extent of the resources as identified in previous reports, surveys, delineations, maps, or publications, disclosing the history, ecology and habitat requirements of the relevant resources, such as plants and wildlife, in sufficient detail to permit a review of functional relationships, their potential for restoration, the potential location of dormant seedbanks of rare (particularly annual) plants, habitat (including non-native species such as individual trees or groves that provide habitat architecture and other resources for birds or other species, or wetlands that may be used by amphibians during specific lifecycle stages) that may be used during specific lifecycle stages or seasonally by migratory species for roosting, breeding or feeding during specific seasonal windows, and present and potential adverse physical and biological impacts on the identified biological resources or on the associated ecosystem, either individually or cumulatively;
34.5.4.4.1.2An identification of “fully protected” species and/or “species of special concern,” and an identification of any other species of rarity, including plants designated “List 1B” or “List 2” by the California Native Plant Society, that are present or have the potential to occur on the project site;
34.5.4.4.1.3Photographs of the site labeled with orientation noted on pertinent maps;
34.5.4.4.1.4A discussion of the physical characteristics of the site including, but not limited to, topography, soil types, microclimate, and migration corridors;
34.5.4.4.1.5A site map depicting the location of biological resources, both current and historical. The resources shall be shown within the context of a topographic based map that shall be at a scale sufficiently large to permit clear and accurate depiction of the extent of sensitive resources identified through appropriate field investigations and where pertinent, protocol surveys for sensitive species, vegetation associations and soil types in relation to any and all proposed development (minimum 1:2,400) and other information, such as the locations of specific trees, habitat boundaries, etc. discussed in the text of the subject biological report. Contour intervals shall be five (5) feet, and the map should contain a north arrow, graphic bar scale, and a citation for the source of the base map (including the date).
34.5.4.4.1.6An analysis of the potential impacts of the proposed development on the identified habitat or species;
34.5.4.4.1.7An analysis of any unauthorized development, including grading or vegetation removal that may have contributed to the degradation or elimination of habitat area or species that would otherwise be present on the site in a healthy condition (note: vegetation or other resources previously surveyed as present but absent at the time of preparation of the subject biological report shall be explained, and if no reasonable ecological basis for the change exists, the County shall presume that unauthorized disturbance of the pertinent resources may have occurred and shall investigate and respond to this information accordingly and the results of the pertinent investigation shall be presented to the pertinent decision-makers. Development of areas subject to prior unauthorized disturbance shall not be authorized until or unless resolution of the potential violation has been achieved.);
34.5.4.4.1.8Project alternatives, including project modifications and off-site options designed to avoid and minimize impacts to identified habitat or species;
34.5.4.4.1.9A buffer adequacy analysis consistent with the requirements of STMP (Wetland/ESHA) Policy 4 where an ESHA buffer of less than one hundred (100) feet is proposed. The buffer adequacy analysis shall at a minimum include the following:
34.5.4.4.1.9.1 Biological significance of adjacent lands. The functional relationships among nearby habitat types and areas. Functional relationships may exist if species associated with such areas spend a significant portion of their life cycle on adjacent lands. The degree of significance depends upon the habitat requirements of the species in the habitat area (e.g., nesting, feeding, breeding, or resting). Where a significant functional relationship exists, the land supporting this relationship shall also be considered to be part of the ESHA, and the buffer zone shall be measured from the edge of these lands and be sufficiently wide to protect these functional relationships. Where no significant functional relationships exist, the buffer shall be measured from the edge of the ESHA that is adjacent to the proposed development.
34.5.4.4.1.9.1.2 Sensitivity of species to disturbance. The width of the buffer zone shall be based, in part, on the distance necessary to ensure that the most sensitive species of plants and animals will not be disturbed significantly by the permitted development. Such a determination shall be based on the following after consultation with biologists of the Department of Fish and Game, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Coastal Commission or others with similar expertise:
34.5.4.4.1.9.1.3Nesting, feeding, breeding, resting, or other habitat requirements of both resident and migratory fish and wildlife species, which may include reliance on non-native species, including trees that provide roosting, feeding, or nesting habitat;
34.5.4.4.1.9.1.4An assessment of the short-term and long-term adaptability of various species to human disturbance;
34.5.4.4.1.9.1.5An assessment of the impact and activity levels of the proposed development on the resource.
34.5.4.4.1.9.1.6 Erosion susceptibility. The width of the buffer shall be based, in part, on an assessment of the slope, soils, impervious surface coverage, runoff characteristics, erosion potential, and vegetative cover of the parcel proposed for development and adjacent lands. A sufficient buffer to allow for the interception of any additional material eroded as a result of the proposed development shall be provided.
34.5.4.4.1.9.1.7 Use natural topography. Where feasible, use hills and bluffs adjacent to Environmentally Sensitive Habitat Areas, to buffer these habitat areas. Where otherwise permitted, locate development on the sides of hills away from Environmentally Sensitive Habitat Areas. Include bluff faces in the buffer area.
34.5.4.4.1.9.1.8Required buffer areas shall be measured from the following points, and shall include historic locations of the subject habitat/species that are pertinent to the habitats associated with the STMP-LUP area, as applicable:
34.5.4.4.1.9.1.8.1The perimeter of the sand dune/permanently established terrestrial vegetation interface for dune-related ESHA.
34.5.4.4.1.9.1.8.2The upland edge of a wetland.
34.5.4.4.1.9.1.8.3The outer edge of the canopy of coastal sage or forests plus such additional area as may be necessary to account for underground root zone areas. All root zones shall be protected as part of the associated ESHA.
34.5.4.4.1.9.1.8.4The outer edge of the plants that comprise the rare plant community for rare plant community ESHA, including any areas of rare annual plants that have been identified in previous surveys and the likely area containing the dormant seed banks of rare plant species.
34.5.4.4.1.9.1.8.5The outer edge of any habitat used by mobile or difficult to survey sensitive species (such as ground nesting habitat or rare insects, seasonal upland refuges of certain amphibians, etc.) within or adjacent to the lands subject to the STMP-LUP based on the best available data.
34.5.4.4.1.9.1.86Where established public agency “protocols” exist for the survey of a particular species or habitat, the preparing biologist shall undertake the survey and subsequent analysis in accordance with the requirements of the protocol and shall be trained and credentialed by the pertinent agency to undertake the subject protocol survey. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4.5 STMP (Hazards) Standard 1. ¶
34.5.4.5.1 Sea Level Rise Analysis. Applications for development adjacent to the shore or that may be subject to the influence of sea level over the life of the project shall include an analysis of possible impacts from sea level rise. The analysis shall take into account the best available scientific information with respect to the effects of long-range sea level rise for all requisite geologic, geotechnical, hydrologic, and engineering investigations consistent with the best available science on sea-level rise for the Humboldt Bay region and the Coastal Commission’s adopted Sea Level Rise Policy Guidance document. Residential and commercial development at nearshore sites shall analyze potential coastal hazard sensitivities for a range of potential global sea level rise scenarios, from three to six (6) feet per century. The analysis shall also take into consideration regional sea level variability, localized uplift or subsidence, local topography, bathymetry and geologic conditions. A similar sensitivity analysis shall be performed for critical facilities, energy production and distribution infrastructure, and other development projects of major community significance. These hazard analyses shall be used to identify current and future site hazards, to help guide site design and hazard mitigation and to identify sea level thresholds after which limitations to the development’s design and siting would cause the improvements to become significantly less stable. For design purposes, development projects shall assume a minimum sea level rise of three and two tenths (3.2) feet per century and projects of major community-wide significance shall assume a minimum five and three tenths (5.3) feet per century. (Ord. 2466, 12/6/2011; Ord. ____, Section 1, 4/12/2016)
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34.1 S: DEVELOPMENT STANDARD COMBINING ZONE REGULATIONS ¶
34.1.1 Title and Purpose. The provisions of this section shall be known as the Development Standard Combining Zone Regulations. The Development Standard Combining Zone Regulations are intended to allow modification of the specific development standards in the principal zones to more precisely implement the General Plan. (Former Section CZ#A313-41(A))
34.1.2 Applicability. The County Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may include the “S” - “Development Standard Combining Zone” with any Principal Zone. By doing so, the Board of Supervisors may modify any or all of the following development standards: (Former Section CZ#A313-41(B))
34.1.2.1Minimum Lot Size
34.1.2.2Minimum Average Lot Size
34.1.2.3Minimum Lot Width
34.1.2.4Maximum Lot Depth
34.1.2.5Minimum Yard Setbacks
34.1.2.6Maximum Ground Coverage
34.1.2.7Maximum Building Height
34.1.2.8Permitted Principal Building Types
34.1.3 Limitations to Modifying Development Standards. Modifications of development standards are subject to the following limitations: (Former Section CZ#A313-41(C))
34.1.3.1Minimum Lot Size shall not be modified below five thousand (5,000) square feet. (Former Section CZ#A313-41(C)(1))
34.1.3.2Minimum Lot Width shall not be modified below fifty (50) feet. (Former Section CZ#A313-41(C)(2))
34.1.3.3Principal Zones may be modified to allow manufactured homes as a permitted building type only when the zoning district to be modified will include a minimum area of four (4) acres or four (4) city blocks. (Former Section CZ#A313-41(C)(3))
34.1.4 Map Designation. When combined with a principal zone, the Development Standard Combining Zone shall be designated on the adopted zoning maps by the designator “S,” except as provided herein. The “S” designator shall immediately follow the principal zone designator, or, where applicable, shall immediately follow the maximum density designator. The development standards that are modified shall also be represented on the adopted zoning maps in a table format in the order listed in this section. Arabic numerals shall be used in the table to specify all modified development standards, except for permitted principal building types. Permitted building types shall be represented by name in the table. Minimum Lot Size shall be represented by a number which represents thousands of square feet, followed by the lower case letter “s,” or by a number which represents numbers of acres, followed by the lower case letter “a,” whichever is appropriate. For example: RS7.5s would require a minimum lot size of seven thousand five hundred (7,500) square feet. (Former Section CZ#A313-41(D))
34.2 SM: MODIFIED BUILDING STANDARDS INCLUDING PROVISION FOR MANUFACTURED HOMES ¶
(See also Special Combining Zone “M”)
34.2.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designators shall be used as applicable: (Former Section CZ#A313-41(E))
34.2.1.1SM - where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section CZ#A313-41(E)(1))
34.2.1.2(See also, the subsection, Special Combining Zone “M”, where the development standards are modified for the sole purpose of allowing manufactured homes.) (Former Section CZ#A313-41(E)(2))
When the M designator is used, the permitted building type shall not be listed by name in the table format. (Former Section CZ#A31341(E))
34.3 SX: DEVELOPMENT STANDARDS WHICH ARE COMBINED WITH A PROHIBITION AGAINST FURTHER SUBDIVISION
(See also Special Combining Zone “X”)
34.3.1 Special Representation for Development Standards Where No Further Subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone as well as prohibit further subdivisions of any lots within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(F))
34.3.1.1SX - where development standards are modified in addition to prohibiting further subdivision. (Former Section CZ#A31341(F)(1))
34.3.1.2(See also, the subsection, Special Combining Zone “X”, where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone.) (Former Section CZ#A313-41(F)(2))
34.4 SY: DEVELOPMENT STANDARDS WHERE STANDARDS IN ADDITION TO MINIMUM LOT SIZE ARE… ¶
(See also Special Combining Zone “Y”)
34.4.1 Special Representation for Minimum Lot Size, where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(G))
34.4.1.1SY - where development standards in addition to the minimum lot size are modified. (Former Section CZ#A313-41(G)(1))
34.4.1.2SY (x) - where, on the zoning maps, “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate SY(x) parcel size designation shall be required. As necessary to maintain consistency with the General Plan, the lot size specification requirements shall be a part of the enforceable restrictions of the subdivision. (Former Section CZ#A313-41(G)(3))
34.4.1.3(See also, the subsection, Special Combining Zone “Y.”)
34.5 STMP: SAMOA TOWN PLAN STANDARDS ¶
34.5.1 Purpose. The purpose of these regulations is to provide for the comprehensive planning and orderly development of the community of Samoa.
34.5.2 Applicability. These regulations shall apply within the STMP-LUP, specifically to the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, APN 401-031-67, and APN 401-031-44, generally depicted on Exhibit 25.
34.5.3 Modifications Imposed by the STMP Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
Modifications Imposed by the STMP Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into one two (2) master parcels generally depicted on Exhibit 25A. The two resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMPLUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUMMAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4 STMP Development Findings. Coastal development permit approvals for development within the lands subject to the STMP shall only be authorized if the following requirements are met, in addition to any other applicable requirements of the certified Local Coastal Program. Development within the STMP may only be authorized if the decision-making authority adopts specific findings of consistency with the following numbered regulations and provisions and all other applicable requirements of the certified LCP.
34.5.4.1 STMP (New Development) Standard 1. ¶
34.5.4.1.1New development authorized within the STMP-LUP including restoration of existing structures shall incorporate the best available practices for the protection of coastal waters. To achieve these standards, the applicant shall provide supplemental information as a filing requirement of any coastal development permit application for development within the area subject to the STMP, and the pertinent decision-makers shall adopt specific findings and attach conditions requiring the incorporation of, and compliance with, these water quality protection measures in approving coastal development permits for subdivision or further development of the lands subject to the standards of the STMP.
34.5.4.1.1.1 Construction pollution control plan. A construction-phase erosion, sedimentation, and polluted runoff control plan (“construction pollution control plan”) shall specify interim best management practices (BMPs) that will be implemented to minimize erosion and sedimentation during construction, and prevent contamination of runoff by construction chemicals and materials, to the maximum extent practicable. The construction pollution control plan shall demonstrate that:
34.5.4.1.1.1.1During construction, development shall minimize site runoff and erosion through the use of temporary BMPs (including, but not limited to, soil stabilization measures), and shall eliminate the discharge of sediment and other stormwater pollution resulting from construction activities (e.g., chemicals, vehicle fluids, asphalt and cement compounds, and debris), to the extent feasible.
34.5.4.1.1.1.2Land disturbance activities during construction (e.g., clearing, grading, and cut-and-fill) shall be minimized, to the extent feasible, to avoid increased erosion and sedimentation. Soil compaction due to construction activities shall be minimized, to the extent feasible, to retain the natural stormwater infiltration capacity of the soil.
34.5.4.1.1.1.3Construction shall minimize the disturbance of natural vegetation (including significant trees, native vegetation, and root structures), which is important for preventing erosion and sedimentation.
34.5.4.1.1.1.4Development shall implement soil stabilization BMPs, including but not limited to re-vegetation, on graded or disturbed areas as soon as feasible.
34.5.4.1.1.1.5Grading operations shall not be conducted during the rainy season (from October 1 to April 15), except in response to emergencies, unless the County determines that soil conditions at the project site are suitable, the likelihood of significant precipitation is low during the period of extension, (not to exceed one week at a time), and adequate erosion and sedimentation control measures will be in place during all grading operations.
34.5.4.1.1.1.6The construction pollution control plan shall be submitted with the final construction drawings. The plan shall include, at a minimum, a narrative report describing all temporary polluted runoff, sedimentation, and erosion control measures to be implemented during construction, including:
34.5.4.1.1.1.6.1Controls to be implemented on the amount and timing of grading.
34.5.4.1.1.1.6.2BMPs to be implemented for staging, storage, and disposal of excavated materials.
34.5.4.1.1.1.6.3Design specifications for structural treatment control BMPs, such as sedimentation basins.
34.5.4.1.1.1.6.4Re-vegetation or landscaping plans for graded or disturbed areas.
34.5.4.1.1.1.6.5Other soil stabilization BMPs to be implemented.
34.5.4.1.1.1.6.6Methods to infiltrate or treat stormwater prior to conveyance off-site during construction.
34.5.4.1.1.1.6.7Methods to eliminate or reduce the discharge of other stormwater pollutants resulting from construction activities (including but not limited to paints, solvents, vehicle fluids, asphalt and cement compounds, and debris) into stormwater runoff.
34.5.4.1.1.1.6.8BMPs to be implemented for staging, storage, and disposal of construction chemicals and materials.
34.5.4.1.1.1.6.9Proposed methods for minimizing land disturbance activities, soil compaction, and disturbance of natural vegetation.
34.5.4.1.1.1.6.10A site plan showing the location of all temporary erosion control measures.
34.5.4.1.1.1.6.11A schedule for installation and removal of the temporary erosion control measures.
34.5.4.1.1.2 Post-Construction Stormwater Plan. A plan to control post-construction stormwater runoff flows, and maintain or improve water quality (“post-construction stormwater plan”) shall specify site design, source control, and if necessary, treatment control BMPs that will be implemented to minimize stormwater pollution and minimize or eliminate increases in stormwater runoff volume and rate from the development after construction. The post-construction stormwater plan shall demonstrate that:
34.5.4.1.1.2.1Following construction, erosion on the site shall be controlled to avoid adverse impacts on adjacent properties and resources.
34.5.4.1.1.2.2Permanent erosion control measures shall be installed, as may be needed, depending upon the intensity of development proposed and the sensitivity of receiving waters.
34.5.4.1.1.2.3Runoff from the project shall not increase sedimentation in receiving waters.
34.5.4.1.1.2.4On-site filtering, grease, and/or sediment trapping systems shall be installed, as needed, to capture any pollutants contained in the runoff.
34.5.4.1.1.2.5Permanent runoff/drainage control improvements, such as subsurface drainage interception, energy dissipaters, recovery/reuse cisterns, detention/retention impoundments, etc. shall be installed, as needed, at the point of discharge.
34.5.4.1.1.2.6In the application and initial planning process, the applicant shall submit a preliminary post-construction stormwater plan, and prior to issuance of a building permit the applicant shall submit a final post-construction stormwater plan for approval by the County. The plan shall include, at a minimum, the following components:
34.5.4.1.1.2.6.1Proposed site design and source control BMPs that will be implemented to minimize post-construction polluted runoff.
34.5.4.1.1.2.6.2Proposed drainage improvements (including locations of infiltration basins, and diversions/ conveyances for upstream runoff).
34.5.4.1.1.2.6.3Measures to maximize on-site retention and infiltration (including directing rooftop runoff to permeable areas rather than to driveways).
34.5.4.1.1.2.6.4Measures to maximize, to the extent practicable, the percentage of permeable surfaces, and to limit the percentage of directly connected impervious areas, to increase infiltration of runoff.
34.5.4.1.1.2.6.5Methods to convey runoff from impervious surfaces into permeable areas of the property in a non-erosive manner.
34.5.4.1.1.2.6.6A site plan showing the location of all permanent erosion control measures.
34.5.4.1.1.2.6.7A schedule for installation and maintenance of the permanent erosion control measures.
34.5.4.1.1.2.6.8A schedule for installation and maintenance of the sediment and debris filtration, grease and/or sediment trap, etc., as warranted for the type of development and site.
34.5.4.1.1.2.6.9A site plan showing finished grades in one-foot contour intervals and associated drainage improvements.
34.5.4.1.1.3 Site design using low impact development techniques. The post-construction stormwater plan shall demonstrate the preferential consideration of low impact development (LID) techniques in order to minimize stormwater quality and quantity impacts from development. LID is a development site design strategy with a goal of maintaining or reproducing the site’s pre-development hydrologic functions of storage, infiltration, and groundwater recharge, as well as the volume and rate of stormwater discharges. LID strategies use small-scale integrated and distributed management practices, including minimizing impervious surfaces, infiltrating stormwater close to its source, and preservation of permeable soils and native vegetation. LID techniques to consider include, but are not limited to, the following:
34.5.4.1.1.3.1Development shall be sited and designed to preserve the infiltration, purification, detention, and retention functions of natural drainage systems that exist on the site, to the maximum extent practicable. Drainage shall be conveyed from the developed area of the site in a non-erosive manner.
34.5.4.1.1.3.2Development shall minimize the creation of impervious surfaces (including pavement, sidewalks, driveways, patios, parking areas, streets, and roof-tops), especially directly connected impervious areas, to the maximum extent practicable. Directly connected impervious areas include areas covered by a building, impermeable pavement, and/or other impervious surfaces, which drain directly into the storm drain system without first flowing across permeable land areas (e.g., lawns).
nt, sidewalks, driveways, patios, parking areas, streets, and roof-tops), especially directly connected impervious areas, to the maximum extent practicable. Directly connected impervious areas include areas covered by a building, impermeable pavement, and/or other impervious surfaces, which drain directly into the storm drain system without first flowing across permeable land areas (e.g., lawns).
34.5.4.1.1.3.3Development shall maintain or enhance, where appropriate and feasible, on-site infiltration of stormwater runoff, in order to preserve natural hydrologic conditions, recharge groundwater, attenuate runoff flow, and minimize transport of pollutants. Alternative management practices shall be substituted where the review authority has determined that infiltration BMPs may result in adverse impacts, including but not limited to where saturated soils may lead to geologic instability, where infiltration may contribute to flooding, or where regulations to protect groundwater may be violated.
34.5.4.1.1.3.4Development that creates new impervious surfaces shall divert stormwater runoff flowing from these surfaces into permeable areas in order to maintain, or enhance where appropriate and feasible, on-site stormwater infiltration capacity.
34.5.4.1.1.3.5To enhance stormwater infiltration capacity, development applicants shall use permeable pavement materials and techniques (e.g., paving blocks, porous asphalt, permeable concrete, and reinforced grass or gravel), where appropriate and feasible.
Permeable pavements shall be designed so that stormwater infiltrates into the underlying soil, to enhance groundwater recharge and provide filtration of pollutants.
34.5.4.1.1.4 Water quality and hydrology plan for developments of water quality concern. In addition to the information to be provided in the post-construction stormwater plan, applicants for “developments of water quality concern,” shall submit a water quality and hydrology plan and be subject to the additional requirements listed below.
34.5.4.1.1.4.1“Developments of water quality concern” include the following:
34.5.4.1.1.4.1.1Housing developments of five (5) or more dwelling units, including but not limited to residential subdivisions.
34.5.4.1.1.4.1.2Hillside developments on slopes greater than 20 percent, located in areas with highly erodible soil, such as soils deposited in association with dune formation.
34.5.4.1.1.4.1.3Developments that will cumulatively result in the creation, addition, or replacement of one acre or more of impervious surface area.
34.5.4.1.1.4.1.4Parking lots with ten thousand (10,000) square feet or more of impervious surface area, potentially exposed to stormwater runoff, or where, combined with adjacent structures, will cumulatively exceed ten thousand (10,000) square feet.
34.5.4.1.1.4.1.5Vehicle service facilities, including retail gasoline outlets, commercial car washes, and vehicle repair facilities, with ten thousand (10,000) square feet or more of impervious surface area.
34.5.4.1.1.4.1.6Business or Industrial parks, or other commercial or recreational development with ten thousand (10,000) square feet or more of impervious surface area, including associated parking.
34.5.4.1.1.4.1.7Commercial, recreational or industrial outdoor storage areas of five thousand (5,000) square feet or more, or as determined by the County based on the use of the storage area, where used for storage of materials that may contribute pollutants to the storm drain system or coastal waters.
34.5.4.1.1.4.1.8Business, industrial, commercial, agricultural, or recreational developments of any size that utilize chemicals that may contribute pollutants to the storm drain system that would adversely affect the functioning of the vegetated filtration fields associated with the waste water treatment plant.
34.5.4.1.1.4.1.9Streets, roads, bus stops, and adjacent bicycle lanes and sidewalks cumulatively equaling ten thousand (10,000) feet or more of impervious surface area, but not including Class I (stand-alone) pedestrian pathways, trails, and off-street bicycle lanes.
34.5.4.1.1.4.1.10All developments entailing the creation, addition, or replacement of 5,000 square feet or more of impervious surface area, located within two hundred (200) feet of the ocean or a coastal water body (including estuaries, wetlands, rivers, streams, and lakes), or that discharge directly to the ocean or a water body (i.e., outflow from the drainage conveyance system is composed entirely of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands.)
34.5.4.1.1.4.2Additional Requirements for developments of water quality concern:
34.5.4.1.1.4.2.1Water quality and hydrology plan. The applicant for a development of water quality concern shall be required to submit a water quality & hydrology plan (WQHP), prepared by a California licensed civil engineer or landscape architect, which supplements the post-construction stormwater plan. The WQHP shall include calculations, per County standards, that estimate increases in pollutant loads and changes in stormwater runoff hydrology (i.e., volume and flow rate) resulting from the proposed development, and shall specify the BMPs that will be implemented to minimize post-construction water quality and hydrologic impacts. The WQHP shall also include operation and maintenance plans for post-construction treatment control BMPs. In the application and initial planning process, the applicant shall be required to submit for approval a preliminary WQHP, and prior to issuance of a building permit the applicant shall submit a final WQHP for approval by the County Engineer.
onstruction water quality and hydrologic impacts. The WQHP shall also include operation and maintenance plans for post-construction treatment control BMPs. In the application and initial planning process, the applicant shall be required to submit for approval a preliminary WQHP, and prior to issuance of a building permit the applicant shall submit a final WQHP for approval by the County Engineer.
34.5.4.1.1.4.2.2Selection of structural treatment control BMPs. If the County determines that the combination of site design and source control BMPs is not sufficient to protect water quality and coastal waters, a structural treatment control BMP (or suite of BMPs) shall also be required. developments of water quality concern are presumed to require treatment control BMPs to meet the requirements of the coastal land use plan and state and federal water quality laws, unless the water quality & hydrology plan demonstrates otherwise.
The water quality & hydrology plan for a development of water quality concern shall describe the selection of treatment controls BMPs. Applicants shall first consider the treatment control BMP, or combination of BMPs, that is most effective at removing the pollutant(s) of concern, or provide a justification if that BMP is determined to be infeasible.
34.5.4.1.1.4.2.385th percentile design standard for treatment control BMPs. For post-construction treatment of stormwater runoff in developments of water quality concern, treatment control BMPs (or suites of BMPs) shall be sized and designed to treat, infiltrate, or filter the amount of stormwater runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of 2 or greater) for flowbased BMPs.
34.5.4.1.1.4.2.4Maintain pre-development hydrograph. In developments of water quality concern where changes in stormwater runoff hydrology (i.e., volume and flow rate) may result in increased potential for stream bank erosion, downstream flooding, or other adverse habitat impacts, hydrologic control measures (e.g., stormwater infiltration, detention, harvest and re-use, and landscape evapotranspiration) shall be implemented in order to ensure that the pre- and post-project runoff hydrographs match within 10% for a two-year return frequency storm.
34.5.4.1.1.4.3 Content. The water quality and hydrology plan shall contain the following:
34.5.4.1.1.4.3.1Site design, source control, and treatment control BMPs that will be implemented to minimize post-construction water quality and hydrologic impacts.
34.5.4.1.1.4.3.2All of the information required in sub-section A for the post-construction stormwater plan.
34.5.4.1.1.4.3.3Pre-development stormwater runoff hydrology (i.e., volume and flow rate) from the site.
34.5.4.1.1.4.3.4Expected post-development stormwater runoff hydrology (i.e., volume and flow rate) from the site, with all proposed non-structural and structural BMPs in place.
34.5.4.1.1.4.3.5Measures to infiltrate or treat runoff from impervious surfaces (including roads, driveways, parking structures, building pads, roofs, and patios) on the site, and to discharge the runoff in a manner that avoids potential adverse impacts. Such measures may include, but are not limited to, structural treatment control BMPs including biofilters, grassy swales, on-site de-silting basins, detention ponds, or dry wells.
34.5.4.1.1.4.3.6A description of how the BMPs (or suites of BMPs) have been designed to infiltrate and/or treat the amount of storm water runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of two (2) or greater) for flow-based BMPs.
34.5.4.1.1.4.3.7Appropriate structural post-construction Treatment Control BMPs selected to remove the specific runoff pollutants generated by the development, using processes such as gravity settling, filtration, biological uptake, media adsorption, or any other physical, chemical, or biological process.
34.5.4.1.1.4.3.8A long-term plan and schedule for the monitoring and maintenance of all structural Treatment Control BMPs. All structural BMPs shall be inspected, cleaned, and repaired as necessary to ensure their effective operation for the life of the development. Owners of these devices shall be responsible for ensuring that they continue to function properly, and additional inspections should occur after storms as needed throughout the rainy season. Repairs, modifications, or installation of additional BMPs, as needed, shall be carried out prior to the next rainy season.
34.5.4.1.1.5 Best management practices (BMPs); selection and incorporation. ¶
34.5.4.1.1.5.1All development shall incorporate effective site design and long-term post-construction source control BMPs, as necessary to minimize adverse impacts to water quality and coastal waters resulting from the development, to the maximum extent practicable. BMPs that protect post-construction water quality and minimize increases in runoff volume and rate shall be incorporated as necessary in the project design of developments in the following order of priority:
34.5.4.1.1.5.1.1Site design BMPs: Project design features that reduce the creation or severity of potential pollutant sources, or reduce the alteration of the project site’s natural stormwater flow regime. Examples are minimizing impervious surfaces, preserving native vegetation, and minimizing grading.
34.5.4.1.1.5.1.2Source control BMPs: Methods that reduce potential pollutants at their sources and/or avoid entrainment of pollutants in runoff, including schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or operational practices. Examples are covering outdoor storage areas, use of efficient irrigation, and minimizing the use of landscaping chemicals.
34.5.4.1.1.5.1.3Treatment control BMPs: Systems designed to remove pollutants from stormwater, by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption, or any other physical, biological, or chemical process. Examples are vegetated swales, detention basins, and storm drain inlet filters.
34.5.4.1.1.5.2The selection of BMPs shall be guided by the California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks dated January 2003 (or the current edition), or an equivalent BMP manual that describes the type, location, size, implementation, and maintenance of BMPs suitable to address the pollutants generated by the development and specific to a climate similar to Humboldt County’s. Caltrans' 2007 “Storm Water Quality Handbook: Project Planning and Design Guide” (or the current edition) may also be used to guide design of construction-phase BMPs. Additional guidance on BMPs is available from the state water resources and water quality boards, the U.S. Environmental Protection Agency, regional entities such as the Bay Area Stormwater Management Agencies Association’s (BASMAA) “Start at the Source: Design Guidance Manual for Stormwater Quality Protection,” and/or as may be developed from time to time with technological advances in water quality treatment.
34.5.4.1.1.5.3Where BMPs, are required, BMPs shall be selected that have been shown to be effective in reducing the pollutants typically generated by the proposed land use. The strategy for selection of appropriate BMPs to protect water quality and coastal
waters shall be guided by Tables 21-55B-1 through -3, below, or equivalent tables which list pollutants of concern and appropriate BMPs for each type of development or land use. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4.2 STMP (New Development) Standard 2. ¶
34.5.4.2.1Remediation of contamination, including contaminated soils or residual lead paint on structural surfaces, and/or reinforcement/replacement of the foundations of aging structures associated with the “company town” of Samoa shall be undertaken with special care to preserve the structural integrity and authentic period details (such as original woodwork, windows, and millwork) of the structures, in accordance with the following additional requirements:
34.5.4.2.1.1Proposals for remediation shall clearly indicate the removal methods that will be used for the soil, groundwater, and the existing structures in the coastal development permit application submitted to the reviewing authority for each project. In addition, such proposals shall include a Standard Operating Procedure for safe implementation of removal methods that will be used on or near the existing structures, and the Standard Operating Procedure shall be incorporated into each applicable removal contract and which shall clearly state the manner in which release of contaminants to the environment will be prevented;
34.5.4.2.1.2A coastal development permit application for such work shall include a survey of each existing structure (a “Building Survey”) included in the proposed project or within a 25-foot radius of the proposed project. The Building Survey document shall include at a minimum: a section and plan of the proposed site including existing structures and if a soil removal is proposed – a section and plan prepared by a California-licensed professional civil engineer (“civil engineer”) indicating the excavation limits (depth and distance from existing structures), elevation drawings (each façade) of all existing buildings within the proposed project area and the project radius, an evaluation of the structural integrity of each existing structure (including the foundation, exterior walls, and all attached structures such as porches and decks), photographs to support the findings, a description of any prior site disturbance as the result of past remedial actions or naturally occurring earth movement, and provide a written report of the survey conclusions, including recommendations to ensure that the structure remains stable throughout the proposed removal work as well as postremediation. In addition, the civil engineer shall clearly determine whether the existing foundation of each structure will adequately support the building throughout the removal of hazardous materials or if a new foundation is recommended.
en report of the survey conclusions, including recommendations to ensure that the structure remains stable throughout the proposed removal work as well as postremediation. In addition, the civil engineer shall clearly determine whether the existing foundation of each structure will adequately support the building throughout the removal of hazardous materials or if a new foundation is recommended.
34.5.4.2.1.3In the event that a new foundation is recommended by the civil engineer pursuant to Subparagraph 2 above, the civil engineer shall propose an appropriate foundation which meets current California State building standards. The reviewing authority shall require that the new foundation be installed in accordance with the civil engineer’s recommendations prior to any site disturbance that the civil engineer indicates could compromise the stability of an existing structure. The civil engineer shall provide a post-remediation survey of each historic structure and warrant the continued stability of the structure in a final report submitted to the reviewing authority, including documentation that the recommendations of the civil engineer have been fully implemented, including the construction of the new foundations where such recommendation has been identified. Should unanticipated de-stabilization of any existing structure occur during remedial activities, site disturbance shall be halted, the structure temporarily stabilized, and a civil engineering analysis and recommendations to stabilize the structure permanently shall be obtained by the reviewing authority and implemented before remediation or other site disturbance resumes. All civil engineering analyses and reports pertaining to these requirements shall be collected and preserved by the reviewing authority and retained in permanent public files. All survey and civil engineering work performed in accordance with these requirements shall be undertaken by a California State-licensed registered professional civil engineer.
34.5.4.3 STMP (New Development) Standard 3. ¶
34.5.4.1Existing structures associated with the historic town shall be restored and maintained in a manner that protects the historic character, period details, and authentic original materials of the original structures. Replacement of period details and features with new materials or methods designed to achieve energy conservation shall not be undertaken in a manner that would replace or distract from the existing period details such as original wood-framed windows and hand-turned wooden decorative details evident in many of the existing Samoa “company town” structures.
34.5.4.4 STMP (Wetlands/ESHA) Standard 1. ¶
34.5.4.4.1The biological report required by STMP (Wetlands/ESHA) Policy 11 shall include, but is not limited to, the following:
34.5.4.4.1.1A study identifying biological resources existing on the site, and the historical extent of the resources as identified in previous reports, surveys, delineations, maps, or publications, disclosing the history, ecology and habitat requirements of the relevant resources, such as plants and wildlife, in sufficient detail to permit a review of functional relationships, their potential for restoration, the potential location of dormant seedbanks of rare (particularly annual) plants, habitat (including non-native species such as individual trees or groves that provide habitat architecture and other resources for birds or other species, or wetlands that may be used by amphibians during specific lifecycle stages) that may be used during specific lifecycle stages or seasonally by migratory species for roosting, breeding or feeding during specific seasonal windows, and present and potential adverse physical and biological impacts on the identified biological resources or on the associated ecosystem, either individually or cumulatively;
34.5.4.4.1.2An identification of “fully protected” species and/or “species of special concern,” and an identification of any other species of rarity, including plants designated “List 1B” or “List 2” by the California Native Plant Society, that are present or have the potential to occur on the project site;
34.5.4.4.1.3Photographs of the site labeled with orientation noted on pertinent maps;
34.5.4.4.1.4A discussion of the physical characteristics of the site including, but not limited to, topography, soil types, microclimate, and migration corridors;
34.5.4.4.1.5A site map depicting the location of biological resources, both current and historical. The resources shall be shown within the context of a topographic based map that shall be at a scale sufficiently large to permit clear and accurate depiction of the extent of sensitive resources identified through appropriate field investigations and where pertinent, protocol surveys for sensitive species, vegetation associations and soil types in relation to any and all proposed development (minimum 1:2,400) and other information, such as the locations of specific trees, habitat boundaries, etc. discussed in the text of the subject biological report. Contour intervals shall be five (5) feet, and the map should contain a north arrow, graphic bar scale, and a citation for the source of the base map (including the date).
34.5.4.4.1.6An analysis of the potential impacts of the proposed development on the identified habitat or species;
34.5.4.4.1.7An analysis of any unauthorized development, including grading or vegetation removal that may have contributed to the degradation or elimination of habitat area or species that would otherwise be present on the site in a healthy condition (note: vegetation or other resources previously surveyed as present but absent at the time of preparation of the subject biological report shall be explained, and if no reasonable ecological basis for the change exists, the County shall presume that unauthorized disturbance of the pertinent resources may have occurred and shall investigate and respond to this information accordingly and the results of the pertinent investigation shall be presented to the pertinent decision-makers. Development of areas subject to prior unauthorized disturbance shall not be authorized until or unless resolution of the potential violation has been achieved.);
34.5.4.4.1.8Project alternatives, including project modifications and off-site options designed to avoid and minimize impacts to identified habitat or species;
34.5.4.4.1.9A buffer adequacy analysis consistent with the requirements of STMP (Wetland/ESHA) Policy 4 where an ESHA buffer of less than one hundred (100) feet is proposed. The buffer adequacy analysis shall at a minimum include the following:
34.5.4.4.1.9.1 Biological significance of adjacent lands. The functional relationships among nearby habitat types and areas. Functional relationships may exist if species associated with such areas spend a significant portion of their life cycle on adjacent lands. The degree of significance depends upon the habitat requirements of the species in the habitat area (e.g., nesting, feeding, breeding, or resting). Where a significant functional relationship exists, the land supporting this relationship shall also be considered to be part of the ESHA, and the buffer zone shall be measured from the edge of these lands and be sufficiently wide to protect these functional relationships. Where no significant functional relationships exist, the buffer shall be measured from the edge of the ESHA that is adjacent to the proposed development.
34.5.4.4.1.9.1.2 Sensitivity of species to disturbance. The width of the buffer zone shall be based, in part, on the distance necessary to ensure that the most sensitive species of plants and animals will not be disturbed significantly by the permitted development. Such a determination shall be based on the following after consultation with biologists of the Department of Fish and Game, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Coastal Commission or others with similar expertise:
34.5.4.4.1.9.1.3Nesting, feeding, breeding, resting, or other habitat requirements of both resident and migratory fish and wildlife species, which may include reliance on non-native species, including trees that provide roosting, feeding, or nesting habitat;
34.5.4.4.1.9.1.4An assessment of the short-term and long-term adaptability of various species to human disturbance;
34.5.4.4.1.9.1.5An assessment of the impact and activity levels of the proposed development on the resource.
34.5.4.4.1.9.1.6 Erosion susceptibility. The width of the buffer shall be based, in part, on an assessment of the slope, soils, impervious surface coverage, runoff characteristics, erosion potential, and vegetative cover of the parcel proposed for development and adjacent lands. A sufficient buffer to allow for the interception of any additional material eroded as a result of the proposed development shall be provided.
34.5.4.4.1.9.1.7 Use natural topography. Where feasible, use hills and bluffs adjacent to Environmentally Sensitive Habitat Areas, to buffer these habitat areas. Where otherwise permitted, locate development on the sides of hills away from Environmentally Sensitive Habitat Areas. Include bluff faces in the buffer area.
34.5.4.4.1.9.1.8Required buffer areas shall be measured from the following points, and shall include historic locations of the subject habitat/species that are pertinent to the habitats associated with the STMP-LUP area, as applicable:
34.5.4.4.1.9.1.8.1The perimeter of the sand dune/permanently established terrestrial vegetation interface for dune-related ESHA.
34.5.4.4.1.9.1.8.2The upland edge of a wetland.
34.5.4.4.1.9.1.8.3The outer edge of the canopy of coastal sage or forests plus such additional area as may be necessary to account for underground root zone areas. All root zones shall be protected as part of the associated ESHA.
34.5.4.4.1.9.1.8.4The outer edge of the plants that comprise the rare plant community for rare plant community ESHA, including any areas of rare annual plants that have been identified in previous surveys and the likely area containing the dormant seed banks of rare plant species.
34.5.4.4.1.9.1.8.5The outer edge of any habitat used by mobile or difficult to survey sensitive species (such as ground nesting habitat or rare insects, seasonal upland refuges of certain amphibians, etc.) within or adjacent to the lands subject to the STMP-LUP based on the best available data.
34.5.4.4.1.9.1.86Where established public agency “protocols” exist for the survey of a particular species or habitat, the preparing biologist shall undertake the survey and subsequent analysis in accordance with the requirements of the protocol and shall be trained and credentialed by the pertinent agency to undertake the subject protocol survey. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4.5 STMP (Hazards) Standard 1. ¶
34.5.4.5.1 Sea Level Rise Analysis. Applications for development adjacent to the shore or that may be subject to the influence of sea level over the life of the project shall include an analysis of possible impacts from sea level rise. The analysis shall take into account the best available scientific information with respect to the effects of long-range sea level rise for all requisite geologic, geotechnical, hydrologic, and engineering investigations consistent with the best available science on sea-level rise for the Humboldt Bay region and the Coastal Commission’s adopted Sea Level Rise Policy Guidance document. Residential and commercial development at nearshore sites shall analyze potential coastal hazard sensitivities for a range of potential global sea level rise scenarios, from three to six (6) feet per century. The analysis shall also take into consideration regional sea level variability, localized uplift or subsidence, local topography, bathymetry and geologic conditions. A similar sensitivity analysis shall be performed for critical facilities, energy production and distribution infrastructure, and other development projects of major community significance. These hazard analyses shall be used to identify current and future site hazards, to help guide site design and hazard mitigation and to identify sea level thresholds after which limitations to the development’s design and siting would cause the improvements to become significantly less stable. For design purposes, development projects shall assume a minimum sea level rise of three and two tenths (3.2) feet per century and projects of major community-wide significance shall assume a minimum five and three tenths (5.3) feet per century. (Ord. 2466, 12/6/2011; Ord. ____, Section 1, 4/12/2016)
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34.1 S: DEVELOPMENT STANDARD COMBINING ZONE REGULATIONS ¶
34.1.1 Title and Purpose. The provisions of this section shall be known as the Development Standard Combining Zone Regulations. The Development Standard Combining Zone Regulations are intended to allow modification of the specific development standards in the principal zones to more precisely implement the General Plan. (Former Section CZ#A313-41(A))
34.1.2 Applicability. The County Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may include the “S” - “Development Standard Combining Zone” with any Principal Zone. By doing so, the Board of Supervisors may modify any or all of the following development standards: (Former Section CZ#A313-41(B))
34.1.2.1Minimum Lot Size
34.1.2.2Minimum Average Lot Size
34.1.2.3Minimum Lot Width
34.1.2.4Maximum Lot Depth
34.1.2.5Minimum Yard Setbacks
34.1.2.6Maximum Ground Coverage
34.1.2.7Maximum Building Height
34.1.2.8Permitted Principal Building Types
34.1.3 Limitations to Modifying Development Standards. Modifications of development standards are subject to the following limitations: (Former Section CZ#A313-41(C))
34.1.3.1Minimum Lot Size shall not be modified below five thousand (5,000) square feet. (Former Section CZ#A313-41(C)(1))
34.1.3.2Minimum Lot Width shall not be modified below fifty (50) feet. (Former Section CZ#A313-41(C)(2))
34.1.3.3Principal Zones may be modified to allow manufactured homes as a permitted building type only when the zoning district to be modified will include a minimum area of four (4) acres or four (4) city blocks. (Former Section CZ#A313-41(C)(3))
34.1.4 Map Designation. When combined with a principal zone, the Development Standard Combining Zone shall be designated on the adopted zoning maps by the designator “S,” except as provided herein. The “S” designator shall immediately follow the principal zone designator, or, where applicable, shall immediately follow the maximum density designator. The development standards that are modified shall also be represented on the adopted zoning maps in a table format in the order listed in this section. Arabic numerals shall be used in the table to specify all modified development standards, except for permitted principal building types. Permitted building types shall be represented by name in the table. Minimum Lot Size shall be represented by a number which represents thousands of square feet, followed by the lower case letter “s,” or by a number which represents numbers of acres, followed by the lower case letter “a,” whichever is appropriate. For example: RS7.5s would require a minimum lot size of seven thousand five hundred (7,500) square feet. (Former Section CZ#A313-41(D))
34.2 SM: MODIFIED BUILDING STANDARDS INCLUDING PROVISION FOR MANUFACTURED HOMES ¶
(See also Special Combining Zone “M”)
34.2.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designators shall be used as applicable: (Former Section CZ#A313-41(E))
34.2.1.1SM - where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section CZ#A313-41(E)(1))
34.2.1.2(See also, the subsection, Special Combining Zone “M”, where the development standards are modified for the sole purpose of allowing manufactured homes.) (Former Section CZ#A313-41(E)(2))
When the M designator is used, the permitted building type shall not be listed by name in the table format. (Former Section CZ#A31341(E))
34.3 SX: DEVELOPMENT STANDARDS WHICH ARE COMBINED WITH A PROHIBITION AGAINST FURTHER SUBDIVISION
(See also Special Combining Zone “X”)
34.3.1 Special Representation for Development Standards Where No Further Subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone as well as prohibit further subdivisions of any lots within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(F))
34.3.1.1SX - where development standards are modified in addition to prohibiting further subdivision. (Former Section CZ#A31341(F)(1))
34.3.1.2(See also, the subsection, Special Combining Zone “X”, where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone.) (Former Section CZ#A313-41(F)(2))
34.4 SY: DEVELOPMENT STANDARDS WHERE STANDARDS IN ADDITION TO MINIMUM LOT SIZE ARE… ¶
(See also Special Combining Zone “Y”)
34.4.1 Special Representation for Minimum Lot Size, where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(G))
34.4.1.1SY - where development standards in addition to the minimum lot size are modified. (Former Section CZ#A313-41(G)(1))
34.4.1.2SY (x) - where, on the zoning maps, “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate SY(x) parcel size designation shall be required. As necessary to maintain consistency with the General Plan, the lot size specification requirements shall be a part of the enforceable restrictions of the subdivision. (Former Section CZ#A313-41(G)(3))
34.4.1.3(See also, the subsection, Special Combining Zone “Y.”)
34.5 STMP: SAMOA TOWN PLAN STANDARDS ¶
34.5.1 Purpose. The purpose of these regulations is to provide for the comprehensive planning and orderly development of the community of Samoa.
34.5.2 Applicability. These regulations shall apply within the STMP-LUP, specifically to the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, APN 401-031-67, and APN 401-031-44, generally depicted on Exhibit 25.
34.5.3 Modifications Imposed by the STMP Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
Modifications Imposed by the STMP Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into one two (2) master parcels generally depicted on Exhibit 25A. The two resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMPLUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUMMAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4 STMP Development Findings. Coastal development permit approvals for development within the lands subject to the STMP shall only be authorized if the following requirements are met, in addition to any other applicable requirements of the certified Local Coastal Program. Development within the STMP may only be authorized if the decision-making authority adopts specific findings of consistency with the following numbered regulations and provisions and all other applicable requirements of the certified LCP.
34.5.4.1 STMP (New Development) Standard 1. ¶
34.5.4.1.1New development authorized within the STMP-LUP including restoration of existing structures shall incorporate the best available practices for the protection of coastal waters. To achieve these standards, the applicant shall provide supplemental information as a filing requirement of any coastal development permit application for development within the area subject to the STMP, and the pertinent decision-makers shall adopt specific findings and attach conditions requiring the incorporation of, and compliance with, these water quality protection measures in approving coastal development permits for subdivision or further development of the lands subject to the standards of the STMP.
34.5.4.1.1.1 Construction pollution control plan. A construction-phase erosion, sedimentation, and polluted runoff control plan (“construction pollution control plan”) shall specify interim best management practices (BMPs) that will be implemented to minimize erosion and sedimentation during construction, and prevent contamination of runoff by construction chemicals and materials, to the maximum extent practicable. The construction pollution control plan shall demonstrate that:
34.5.4.1.1.1.1During construction, development shall minimize site runoff and erosion through the use of temporary BMPs (including, but not limited to, soil stabilization measures), and shall eliminate the discharge of sediment and other stormwater pollution resulting from construction activities (e.g., chemicals, vehicle fluids, asphalt and cement compounds, and debris), to the extent feasible.
34.5.4.1.1.1.2Land disturbance activities during construction (e.g., clearing, grading, and cut-and-fill) shall be minimized, to the extent feasible, to avoid increased erosion and sedimentation. Soil compaction due to construction activities shall be minimized, to the extent feasible, to retain the natural stormwater infiltration capacity of the soil.
34.5.4.1.1.1.3Construction shall minimize the disturbance of natural vegetation (including significant trees, native vegetation, and root structures), which is important for preventing erosion and sedimentation.
34.5.4.1.1.1.4Development shall implement soil stabilization BMPs, including but not limited to re-vegetation, on graded or disturbed areas as soon as feasible.
34.5.4.1.1.1.5Grading operations shall not be conducted during the rainy season (from October 1 to April 15), except in response to emergencies, unless the County determines that soil conditions at the project site are suitable, the likelihood of significant precipitation is low during the period of extension, (not to exceed one week at a time), and adequate erosion and sedimentation control measures will be in place during all grading operations.
34.5.4.1.1.1.6The construction pollution control plan shall be submitted with the final construction drawings. The plan shall include, at a minimum, a narrative report describing all temporary polluted runoff, sedimentation, and erosion control measures to be implemented during construction, including:
34.5.4.1.1.1.6.1Controls to be implemented on the amount and timing of grading.
34.5.4.1.1.1.6.2BMPs to be implemented for staging, storage, and disposal of excavated materials.
34.5.4.1.1.1.6.3Design specifications for structural treatment control BMPs, such as sedimentation basins.
34.5.4.1.1.1.6.4Re-vegetation or landscaping plans for graded or disturbed areas.
34.5.4.1.1.1.6.5Other soil stabilization BMPs to be implemented.
34.5.4.1.1.1.6.6Methods to infiltrate or treat stormwater prior to conveyance off-site during construction.
34.5.4.1.1.1.6.7Methods to eliminate or reduce the discharge of other stormwater pollutants resulting from construction activities (including but not limited to paints, solvents, vehicle fluids, asphalt and cement compounds, and debris) into stormwater runoff.
34.5.4.1.1.1.6.8BMPs to be implemented for staging, storage, and disposal of construction chemicals and materials.
34.5.4.1.1.1.6.9Proposed methods for minimizing land disturbance activities, soil compaction, and disturbance of natural vegetation.
34.5.4.1.1.1.6.10A site plan showing the location of all temporary erosion control measures.
34.5.4.1.1.1.6.11A schedule for installation and removal of the temporary erosion control measures.
34.5.4.1.1.2 Post-Construction Stormwater Plan. A plan to control post-construction stormwater runoff flows, and maintain or improve water quality (“post-construction stormwater plan”) shall specify site design, source control, and if necessary, treatment control BMPs that will be implemented to minimize stormwater pollution and minimize or eliminate increases in stormwater runoff volume and rate from the development after construction. The post-construction stormwater plan shall demonstrate that:
34.5.4.1.1.2.1Following construction, erosion on the site shall be controlled to avoid adverse impacts on adjacent properties and resources.
34.5.4.1.1.2.2Permanent erosion control measures shall be installed, as may be needed, depending upon the intensity of development proposed and the sensitivity of receiving waters.
34.5.4.1.1.2.3Runoff from the project shall not increase sedimentation in receiving waters.
34.5.4.1.1.2.4On-site filtering, grease, and/or sediment trapping systems shall be installed, as needed, to capture any pollutants contained in the runoff.
34.5.4.1.1.2.5Permanent runoff/drainage control improvements, such as subsurface drainage interception, energy dissipaters, recovery/reuse cisterns, detention/retention impoundments, etc. shall be installed, as needed, at the point of discharge.
34.5.4.1.1.2.6In the application and initial planning process, the applicant shall submit a preliminary post-construction stormwater plan, and prior to issuance of a building permit the applicant shall submit a final post-construction stormwater plan for approval by the County. The plan shall include, at a minimum, the following components:
34.5.4.1.1.2.6.1Proposed site design and source control BMPs that will be implemented to minimize post-construction polluted runoff.
34.5.4.1.1.2.6.2Proposed drainage improvements (including locations of infiltration basins, and diversions/ conveyances for upstream runoff).
34.5.4.1.1.2.6.3Measures to maximize on-site retention and infiltration (including directing rooftop runoff to permeable areas rather than to driveways).
34.5.4.1.1.2.6.4Measures to maximize, to the extent practicable, the percentage of permeable surfaces, and to limit the percentage of directly connected impervious areas, to increase infiltration of runoff.
34.5.4.1.1.2.6.5Methods to convey runoff from impervious surfaces into permeable areas of the property in a non-erosive manner.
34.5.4.1.1.2.6.6A site plan showing the location of all permanent erosion control measures.
34.5.4.1.1.2.6.7A schedule for installation and maintenance of the permanent erosion control measures.
34.5.4.1.1.2.6.8A schedule for installation and maintenance of the sediment and debris filtration, grease and/or sediment trap, etc., as warranted for the type of development and site.
34.5.4.1.1.2.6.9A site plan showing finished grades in one-foot contour intervals and associated drainage improvements.
34.5.4.1.1.3 Site design using low impact development techniques. The post-construction stormwater plan shall demonstrate the preferential consideration of low impact development (LID) techniques in order to minimize stormwater quality and quantity impacts from development. LID is a development site design strategy with a goal of maintaining or reproducing the site’s pre-development hydrologic functions of storage, infiltration, and groundwater recharge, as well as the volume and rate of stormwater discharges. LID strategies use small-scale integrated and distributed management practices, including minimizing impervious surfaces, infiltrating stormwater close to its source, and preservation of permeable soils and native vegetation. LID techniques to consider include, but are not limited to, the following:
34.5.4.1.1.3.1Development shall be sited and designed to preserve the infiltration, purification, detention, and retention functions of natural drainage systems that exist on the site, to the maximum extent practicable. Drainage shall be conveyed from the developed area of the site in a non-erosive manner.
34.5.4.1.1.3.2Development shall minimize the creation of impervious surfaces (including pavement, sidewalks, driveways, patios, parking areas, streets, and roof-tops), especially directly connected impervious areas, to the maximum extent practicable. Directly connected impervious areas include areas covered by a building, impermeable pavement, and/or other impervious surfaces, which drain directly into the storm drain system without first flowing across permeable land areas (e.g., lawns).
nt, sidewalks, driveways, patios, parking areas, streets, and roof-tops), especially directly connected impervious areas, to the maximum extent practicable. Directly connected impervious areas include areas covered by a building, impermeable pavement, and/or other impervious surfaces, which drain directly into the storm drain system without first flowing across permeable land areas (e.g., lawns).
34.5.4.1.1.3.3Development shall maintain or enhance, where appropriate and feasible, on-site infiltration of stormwater runoff, in order to preserve natural hydrologic conditions, recharge groundwater, attenuate runoff flow, and minimize transport of pollutants. Alternative management practices shall be substituted where the review authority has determined that infiltration BMPs may result in adverse impacts, including but not limited to where saturated soils may lead to geologic instability, where infiltration may contribute to flooding, or where regulations to protect groundwater may be violated.
34.5.4.1.1.3.4Development that creates new impervious surfaces shall divert stormwater runoff flowing from these surfaces into permeable areas in order to maintain, or enhance where appropriate and feasible, on-site stormwater infiltration capacity.
34.5.4.1.1.3.5To enhance stormwater infiltration capacity, development applicants shall use permeable pavement materials and techniques (e.g., paving blocks, porous asphalt, permeable concrete, and reinforced grass or gravel), where appropriate and feasible.
Permeable pavements shall be designed so that stormwater infiltrates into the underlying soil, to enhance groundwater recharge and provide filtration of pollutants.
34.5.4.1.1.4 Water quality and hydrology plan for developments of water quality concern. In addition to the information to be provided in the post-construction stormwater plan, applicants for “developments of water quality concern,” shall submit a water quality and hydrology plan and be subject to the additional requirements listed below.
34.5.4.1.1.4.1“Developments of water quality concern” include the following:
34.5.4.1.1.4.1.1Housing developments of five (5) or more dwelling units, including but not limited to residential subdivisions.
34.5.4.1.1.4.1.2Hillside developments on slopes greater than 20 percent, located in areas with highly erodible soil, such as soils deposited in association with dune formation.
34.5.4.1.1.4.1.3Developments that will cumulatively result in the creation, addition, or replacement of one acre or more of impervious surface area.
34.5.4.1.1.4.1.4Parking lots with ten thousand (10,000) square feet or more of impervious surface area, potentially exposed to stormwater runoff, or where, combined with adjacent structures, will cumulatively exceed ten thousand (10,000) square feet.
34.5.4.1.1.4.1.5Vehicle service facilities, including retail gasoline outlets, commercial car washes, and vehicle repair facilities, with ten thousand (10,000) square feet or more of impervious surface area.
34.5.4.1.1.4.1.6Business or Industrial parks, or other commercial or recreational development with ten thousand (10,000) square feet or more of impervious surface area, including associated parking.
34.5.4.1.1.4.1.7Commercial, recreational or industrial outdoor storage areas of five thousand (5,000) square feet or more, or as determined by the County based on the use of the storage area, where used for storage of materials that may contribute pollutants to the storm drain system or coastal waters.
34.5.4.1.1.4.1.8Business, industrial, commercial, agricultural, or recreational developments of any size that utilize chemicals that may contribute pollutants to the storm drain system that would adversely affect the functioning of the vegetated filtration fields associated with the waste water treatment plant.
34.5.4.1.1.4.1.9Streets, roads, bus stops, and adjacent bicycle lanes and sidewalks cumulatively equaling ten thousand (10,000) feet or more of impervious surface area, but not including Class I (stand-alone) pedestrian pathways, trails, and off-street bicycle lanes.
34.5.4.1.1.4.1.10All developments entailing the creation, addition, or replacement of 5,000 square feet or more of impervious surface area, located within two hundred (200) feet of the ocean or a coastal water body (including estuaries, wetlands, rivers, streams, and lakes), or that discharge directly to the ocean or a water body (i.e., outflow from the drainage conveyance system is composed entirely of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands.)
34.5.4.1.1.4.2Additional Requirements for developments of water quality concern:
34.5.4.1.1.4.2.1Water quality and hydrology plan. The applicant for a development of water quality concern shall be required to submit a water quality & hydrology plan (WQHP), prepared by a California licensed civil engineer or landscape architect, which supplements the post-construction stormwater plan. The WQHP shall include calculations, per County standards, that estimate increases in pollutant loads and changes in stormwater runoff hydrology (i.e., volume and flow rate) resulting from the proposed development, and shall specify the BMPs that will be implemented to minimize post-construction water quality and hydrologic impacts. The WQHP shall also include operation and maintenance plans for post-construction treatment control BMPs. In the application and initial planning process, the applicant shall be required to submit for approval a preliminary WQHP, and prior to issuance of a building permit the applicant shall submit a final WQHP for approval by the County Engineer.
onstruction water quality and hydrologic impacts. The WQHP shall also include operation and maintenance plans for post-construction treatment control BMPs. In the application and initial planning process, the applicant shall be required to submit for approval a preliminary WQHP, and prior to issuance of a building permit the applicant shall submit a final WQHP for approval by the County Engineer.
34.5.4.1.1.4.2.2Selection of structural treatment control BMPs. If the County determines that the combination of site design and source control BMPs is not sufficient to protect water quality and coastal waters, a structural treatment control BMP (or suite of BMPs) shall also be required. developments of water quality concern are presumed to require treatment control BMPs to meet the requirements of the coastal land use plan and state and federal water quality laws, unless the water quality & hydrology plan demonstrates otherwise.
The water quality & hydrology plan for a development of water quality concern shall describe the selection of treatment controls BMPs. Applicants shall first consider the treatment control BMP, or combination of BMPs, that is most effective at removing the pollutant(s) of concern, or provide a justification if that BMP is determined to be infeasible.
34.5.4.1.1.4.2.385th percentile design standard for treatment control BMPs. For post-construction treatment of stormwater runoff in developments of water quality concern, treatment control BMPs (or suites of BMPs) shall be sized and designed to treat, infiltrate, or filter the amount of stormwater runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of 2 or greater) for flowbased BMPs.
34.5.4.1.1.4.2.4Maintain pre-development hydrograph. In developments of water quality concern where changes in stormwater runoff hydrology (i.e., volume and flow rate) may result in increased potential for stream bank erosion, downstream flooding, or other adverse habitat impacts, hydrologic control measures (e.g., stormwater infiltration, detention, harvest and re-use, and landscape evapotranspiration) shall be implemented in order to ensure that the pre- and post-project runoff hydrographs match within 10% for a two-year return frequency storm.
34.5.4.1.1.4.3 Content. The water quality and hydrology plan shall contain the following:
34.5.4.1.1.4.3.1Site design, source control, and treatment control BMPs that will be implemented to minimize post-construction water quality and hydrologic impacts.
34.5.4.1.1.4.3.2All of the information required in sub-section A for the post-construction stormwater plan.
34.5.4.1.1.4.3.3Pre-development stormwater runoff hydrology (i.e., volume and flow rate) from the site.
34.5.4.1.1.4.3.4Expected post-development stormwater runoff hydrology (i.e., volume and flow rate) from the site, with all proposed non-structural and structural BMPs in place.
34.5.4.1.1.4.3.5Measures to infiltrate or treat runoff from impervious surfaces (including roads, driveways, parking structures, building pads, roofs, and patios) on the site, and to discharge the runoff in a manner that avoids potential adverse impacts. Such measures may include, but are not limited to, structural treatment control BMPs including biofilters, grassy swales, on-site de-silting basins, detention ponds, or dry wells.
34.5.4.1.1.4.3.6A description of how the BMPs (or suites of BMPs) have been designed to infiltrate and/or treat the amount of storm water runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of two (2) or greater) for flow-based BMPs.
34.5.4.1.1.4.3.7Appropriate structural post-construction Treatment Control BMPs selected to remove the specific runoff pollutants generated by the development, using processes such as gravity settling, filtration, biological uptake, media adsorption, or any other physical, chemical, or biological process.
34.5.4.1.1.4.3.8A long-term plan and schedule for the monitoring and maintenance of all structural Treatment Control BMPs. All structural BMPs shall be inspected, cleaned, and repaired as necessary to ensure their effective operation for the life of the development. Owners of these devices shall be responsible for ensuring that they continue to function properly, and additional inspections should occur after storms as needed throughout the rainy season. Repairs, modifications, or installation of additional BMPs, as needed, shall be carried out prior to the next rainy season.
34.5.4.1.1.5 Best management practices (BMPs); selection and incorporation. ¶
34.5.4.1.1.5.1All development shall incorporate effective site design and long-term post-construction source control BMPs, as necessary to minimize adverse impacts to water quality and coastal waters resulting from the development, to the maximum extent practicable. BMPs that protect post-construction water quality and minimize increases in runoff volume and rate shall be incorporated as necessary in the project design of developments in the following order of priority:
34.5.4.1.1.5.1.1Site design BMPs: Project design features that reduce the creation or severity of potential pollutant sources, or reduce the alteration of the project site’s natural stormwater flow regime. Examples are minimizing impervious surfaces, preserving native vegetation, and minimizing grading.
34.5.4.1.1.5.1.2Source control BMPs: Methods that reduce potential pollutants at their sources and/or avoid entrainment of pollutants in runoff, including schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or operational practices. Examples are covering outdoor storage areas, use of efficient irrigation, and minimizing the use of landscaping chemicals.
34.5.4.1.1.5.1.3Treatment control BMPs: Systems designed to remove pollutants from stormwater, by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption, or any other physical, biological, or chemical process. Examples are vegetated swales, detention basins, and storm drain inlet filters.
34.5.4.1.1.5.2The selection of BMPs shall be guided by the California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks dated January 2003 (or the current edition), or an equivalent BMP manual that describes the type, location, size, implementation, and maintenance of BMPs suitable to address the pollutants generated by the development and specific to a climate similar to Humboldt County’s. Caltrans' 2007 “Storm Water Quality Handbook: Project Planning and Design Guide” (or the current edition) may also be used to guide design of construction-phase BMPs. Additional guidance on BMPs is available from the state water resources and water quality boards, the U.S. Environmental Protection Agency, regional entities such as the Bay Area Stormwater Management Agencies Association’s (BASMAA) “Start at the Source: Design Guidance Manual for Stormwater Quality Protection,” and/or as may be developed from time to time with technological advances in water quality treatment.
34.5.4.1.1.5.3Where BMPs, are required, BMPs shall be selected that have been shown to be effective in reducing the pollutants typically generated by the proposed land use. The strategy for selection of appropriate BMPs to protect water quality and coastal
waters shall be guided by Tables 21-55B-1 through -3, below, or equivalent tables which list pollutants of concern and appropriate BMPs for each type of development or land use. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4.2 STMP (New Development) Standard 2. ¶
34.5.4.2.1Remediation of contamination, including contaminated soils or residual lead paint on structural surfaces, and/or reinforcement/replacement of the foundations of aging structures associated with the “company town” of Samoa shall be undertaken with special care to preserve the structural integrity and authentic period details (such as original woodwork, windows, and millwork) of the structures, in accordance with the following additional requirements:
34.5.4.2.1.1Proposals for remediation shall clearly indicate the removal methods that will be used for the soil, groundwater, and the existing structures in the coastal development permit application submitted to the reviewing authority for each project. In addition, such proposals shall include a Standard Operating Procedure for safe implementation of removal methods that will be used on or near the existing structures, and the Standard Operating Procedure shall be incorporated into each applicable removal contract and which shall clearly state the manner in which release of contaminants to the environment will be prevented;
34.5.4.2.1.2A coastal development permit application for such work shall include a survey of each existing structure (a “Building Survey”) included in the proposed project or within a 25-foot radius of the proposed project. The Building Survey document shall include at a minimum: a section and plan of the proposed site including existing structures and if a soil removal is proposed – a section and plan prepared by a California-licensed professional civil engineer (“civil engineer”) indicating the excavation limits (depth and distance from existing structures), elevation drawings (each façade) of all existing buildings within the proposed project area and the project radius, an evaluation of the structural integrity of each existing structure (including the foundation, exterior walls, and all attached structures such as porches and decks), photographs to support the findings, a description of any prior site disturbance as the result of past remedial actions or naturally occurring earth movement, and provide a written report of the survey conclusions, including recommendations to ensure that the structure remains stable throughout the proposed removal work as well as postremediation. In addition, the civil engineer shall clearly determine whether the existing foundation of each structure will adequately support the building throughout the removal of hazardous materials or if a new foundation is recommended.
en report of the survey conclusions, including recommendations to ensure that the structure remains stable throughout the proposed removal work as well as postremediation. In addition, the civil engineer shall clearly determine whether the existing foundation of each structure will adequately support the building throughout the removal of hazardous materials or if a new foundation is recommended.
34.5.4.2.1.3In the event that a new foundation is recommended by the civil engineer pursuant to Subparagraph 2 above, the civil engineer shall propose an appropriate foundation which meets current California State building standards. The reviewing authority shall require that the new foundation be installed in accordance with the civil engineer’s recommendations prior to any site disturbance that the civil engineer indicates could compromise the stability of an existing structure. The civil engineer shall provide a post-remediation survey of each historic structure and warrant the continued stability of the structure in a final report submitted to the reviewing authority, including documentation that the recommendations of the civil engineer have been fully implemented, including the construction of the new foundations where such recommendation has been identified. Should unanticipated de-stabilization of any existing structure occur during remedial activities, site disturbance shall be halted, the structure temporarily stabilized, and a civil engineering analysis and recommendations to stabilize the structure permanently shall be obtained by the reviewing authority and implemented before remediation or other site disturbance resumes. All civil engineering analyses and reports pertaining to these requirements shall be collected and preserved by the reviewing authority and retained in permanent public files. All survey and civil engineering work performed in accordance with these requirements shall be undertaken by a California State-licensed registered professional civil engineer.
34.5.4.3 STMP (New Development) Standard 3. ¶
34.5.4.1Existing structures associated with the historic town shall be restored and maintained in a manner that protects the historic character, period details, and authentic original materials of the original structures. Replacement of period details and features with new materials or methods designed to achieve energy conservation shall not be undertaken in a manner that would replace or distract from the existing period details such as original wood-framed windows and hand-turned wooden decorative details evident in many of the existing Samoa “company town” structures.
34.5.4.4 STMP (Wetlands/ESHA) Standard 1. ¶
34.5.4.4.1The biological report required by STMP (Wetlands/ESHA) Policy 11 shall include, but is not limited to, the following:
34.5.4.4.1.1A study identifying biological resources existing on the site, and the historical extent of the resources as identified in previous reports, surveys, delineations, maps, or publications, disclosing the history, ecology and habitat requirements of the relevant resources, such as plants and wildlife, in sufficient detail to permit a review of functional relationships, their potential for restoration, the potential location of dormant seedbanks of rare (particularly annual) plants, habitat (including non-native species such as individual trees or groves that provide habitat architecture and other resources for birds or other species, or wetlands that may be used by amphibians during specific lifecycle stages) that may be used during specific lifecycle stages or seasonally by migratory species for roosting, breeding or feeding during specific seasonal windows, and present and potential adverse physical and biological impacts on the identified biological resources or on the associated ecosystem, either individually or cumulatively;
34.5.4.4.1.2An identification of “fully protected” species and/or “species of special concern,” and an identification of any other species of rarity, including plants designated “List 1B” or “List 2” by the California Native Plant Society, that are present or have the potential to occur on the project site;
34.5.4.4.1.3Photographs of the site labeled with orientation noted on pertinent maps;
34.5.4.4.1.4A discussion of the physical characteristics of the site including, but not limited to, topography, soil types, microclimate, and migration corridors;
34.5.4.4.1.5A site map depicting the location of biological resources, both current and historical. The resources shall be shown within the context of a topographic based map that shall be at a scale sufficiently large to permit clear and accurate depiction of the extent of sensitive resources identified through appropriate field investigations and where pertinent, protocol surveys for sensitive species, vegetation associations and soil types in relation to any and all proposed development (minimum 1:2,400) and other information, such as the locations of specific trees, habitat boundaries, etc. discussed in the text of the subject biological report. Contour intervals shall be five (5) feet, and the map should contain a north arrow, graphic bar scale, and a citation for the source of the base map (including the date).
34.5.4.4.1.6An analysis of the potential impacts of the proposed development on the identified habitat or species;
34.5.4.4.1.7An analysis of any unauthorized development, including grading or vegetation removal that may have contributed to the degradation or elimination of habitat area or species that would otherwise be present on the site in a healthy condition (note: vegetation or other resources previously surveyed as present but absent at the time of preparation of the subject biological report shall be explained, and if no reasonable ecological basis for the change exists, the County shall presume that unauthorized disturbance of the pertinent resources may have occurred and shall investigate and respond to this information accordingly and the results of the pertinent investigation shall be presented to the pertinent decision-makers. Development of areas subject to prior unauthorized disturbance shall not be authorized until or unless resolution of the potential violation has been achieved.);
34.5.4.4.1.8Project alternatives, including project modifications and off-site options designed to avoid and minimize impacts to identified habitat or species;
34.5.4.4.1.9A buffer adequacy analysis consistent with the requirements of STMP (Wetland/ESHA) Policy 4 where an ESHA buffer of less than one hundred (100) feet is proposed. The buffer adequacy analysis shall at a minimum include the following:
34.5.4.4.1.9.1 Biological significance of adjacent lands. The functional relationships among nearby habitat types and areas. Functional relationships may exist if species associated with such areas spend a significant portion of their life cycle on adjacent lands. The degree of significance depends upon the habitat requirements of the species in the habitat area (e.g., nesting, feeding, breeding, or resting). Where a significant functional relationship exists, the land supporting this relationship shall also be considered to be part of the ESHA, and the buffer zone shall be measured from the edge of these lands and be sufficiently wide to protect these functional relationships. Where no significant functional relationships exist, the buffer shall be measured from the edge of the ESHA that is adjacent to the proposed development.
34.5.4.4.1.9.1.2 Sensitivity of species to disturbance. The width of the buffer zone shall be based, in part, on the distance necessary to ensure that the most sensitive species of plants and animals will not be disturbed significantly by the permitted development. Such a determination shall be based on the following after consultation with biologists of the Department of Fish and Game, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Coastal Commission or others with similar expertise:
34.5.4.4.1.9.1.3Nesting, feeding, breeding, resting, or other habitat requirements of both resident and migratory fish and wildlife species, which may include reliance on non-native species, including trees that provide roosting, feeding, or nesting habitat;
34.5.4.4.1.9.1.4An assessment of the short-term and long-term adaptability of various species to human disturbance;
34.5.4.4.1.9.1.5An assessment of the impact and activity levels of the proposed development on the resource.
34.5.4.4.1.9.1.6 Erosion susceptibility. The width of the buffer shall be based, in part, on an assessment of the slope, soils, impervious surface coverage, runoff characteristics, erosion potential, and vegetative cover of the parcel proposed for development and adjacent lands. A sufficient buffer to allow for the interception of any additional material eroded as a result of the proposed development shall be provided.
34.5.4.4.1.9.1.7 Use natural topography. Where feasible, use hills and bluffs adjacent to Environmentally Sensitive Habitat Areas, to buffer these habitat areas. Where otherwise permitted, locate development on the sides of hills away from Environmentally Sensitive Habitat Areas. Include bluff faces in the buffer area.
34.5.4.4.1.9.1.8Required buffer areas shall be measured from the following points, and shall include historic locations of the subject habitat/species that are pertinent to the habitats associated with the STMP-LUP area, as applicable:
34.5.4.4.1.9.1.8.1The perimeter of the sand dune/permanently established terrestrial vegetation interface for dune-related ESHA.
34.5.4.4.1.9.1.8.2The upland edge of a wetland.
34.5.4.4.1.9.1.8.3The outer edge of the canopy of coastal sage or forests plus such additional area as may be necessary to account for underground root zone areas. All root zones shall be protected as part of the associated ESHA.
34.5.4.4.1.9.1.8.4The outer edge of the plants that comprise the rare plant community for rare plant community ESHA, including any areas of rare annual plants that have been identified in previous surveys and the likely area containing the dormant seed banks of rare plant species.
34.5.4.4.1.9.1.8.5The outer edge of any habitat used by mobile or difficult to survey sensitive species (such as ground nesting habitat or rare insects, seasonal upland refuges of certain amphibians, etc.) within or adjacent to the lands subject to the STMP-LUP based on the best available data.
34.5.4.4.1.9.1.86Where established public agency “protocols” exist for the survey of a particular species or habitat, the preparing biologist shall undertake the survey and subsequent analysis in accordance with the requirements of the protocol and shall be trained and credentialed by the pertinent agency to undertake the subject protocol survey. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4.5 STMP (Hazards) Standard 1. ¶
34.5.4.5.1 Sea Level Rise Analysis. Applications for development adjacent to the shore or that may be subject to the influence of sea level over the life of the project shall include an analysis of possible impacts from sea level rise. The analysis shall take into account the best available scientific information with respect to the effects of long-range sea level rise for all requisite geologic, geotechnical, hydrologic, and engineering investigations consistent with the best available science on sea-level rise for the Humboldt Bay region and the Coastal Commission’s adopted Sea Level Rise Policy Guidance document. Residential and commercial development at nearshore sites shall analyze potential coastal hazard sensitivities for a range of potential global sea level rise scenarios, from three to six (6) feet per century. The analysis shall also take into consideration regional sea level variability, localized uplift or subsidence, local topography, bathymetry and geologic conditions. A similar sensitivity analysis shall be performed for critical facilities, energy production and distribution infrastructure, and other development projects of major community significance. These hazard analyses shall be used to identify current and future site hazards, to help guide site design and hazard mitigation and to identify sea level thresholds after which limitations to the development’s design and siting would cause the improvements to become significantly less stable. For design purposes, development projects shall assume a minimum sea level rise of three and two tenths (3.2) feet per century and projects of major community-wide significance shall assume a minimum five and three tenths (5.3) feet per century. (Ord. 2466, 12/6/2011; Ord. ____, Section 1, 4/12/2016)
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34.1 S: DEVELOPMENT STANDARD COMBINING ZONE REGULATIONS ¶
34.1.1 Title and Purpose. The provisions of this section shall be known as the Development Standard Combining Zone Regulations. The Development Standard Combining Zone Regulations are intended to allow modification of the specific development standards in the principal zones to more precisely implement the General Plan. (Former Section CZ#A313-41(A))
34.1.2 Applicability. The County Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may include the “S” - “Development Standard Combining Zone” with any Principal Zone. By doing so, the Board of Supervisors may modify any or all of the following development standards: (Former Section CZ#A313-41(B))
34.1.2.1Minimum Lot Size
34.1.2.2Minimum Average Lot Size
34.1.2.3Minimum Lot Width
34.1.2.4Maximum Lot Depth
34.1.2.5Minimum Yard Setbacks
34.1.2.6Maximum Ground Coverage
34.1.2.7Maximum Building Height
34.1.2.8Permitted Principal Building Types
34.1.3 Limitations to Modifying Development Standards. Modifications of development standards are subject to the following limitations: (Former Section CZ#A313-41(C))
34.1.3.1Minimum Lot Size shall not be modified below five thousand (5,000) square feet. (Former Section CZ#A313-41(C)(1))
34.1.3.2Minimum Lot Width shall not be modified below fifty (50) feet. (Former Section CZ#A313-41(C)(2))
34.1.3.3Principal Zones may be modified to allow manufactured homes as a permitted building type only when the zoning district to be modified will include a minimum area of four (4) acres or four (4) city blocks. (Former Section CZ#A313-41(C)(3))
34.1.4 Map Designation. When combined with a principal zone, the Development Standard Combining Zone shall be designated on the adopted zoning maps by the designator “S,” except as provided herein. The “S” designator shall immediately follow the principal zone designator, or, where applicable, shall immediately follow the maximum density designator. The development standards that are modified shall also be represented on the adopted zoning maps in a table format in the order listed in this section. Arabic numerals shall be used in the table to specify all modified development standards, except for permitted principal building types. Permitted building types shall be represented by name in the table. Minimum Lot Size shall be represented by a number which represents thousands of square feet, followed by the lower case letter “s,” or by a number which represents numbers of acres, followed by the lower case letter “a,” whichever is appropriate. For example: RS7.5s would require a minimum lot size of seven thousand five hundred (7,500) square feet. (Former Section CZ#A313-41(D))
34.2 SM: MODIFIED BUILDING STANDARDS INCLUDING PROVISION FOR MANUFACTURED HOMES ¶
(See also Special Combining Zone “M”)
34.2.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designators shall be used as applicable: (Former Section CZ#A313-41(E))
34.2.1.1SM - where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section CZ#A313-41(E)(1))
34.2.1.2(See also, the subsection, Special Combining Zone “M”, where the development standards are modified for the sole purpose of allowing manufactured homes.) (Former Section CZ#A313-41(E)(2))
When the M designator is used, the permitted building type shall not be listed by name in the table format. (Former Section CZ#A31341(E))
34.3 SX: DEVELOPMENT STANDARDS WHICH ARE COMBINED WITH A PROHIBITION AGAINST FURTHER SUBDIVISION
(See also Special Combining Zone “X”)
34.3.1 Special Representation for Development Standards Where No Further Subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone as well as prohibit further subdivisions of any lots within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(F))
34.3.1.1SX - where development standards are modified in addition to prohibiting further subdivision. (Former Section CZ#A31341(F)(1))
34.3.1.2(See also, the subsection, Special Combining Zone “X”, where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone.) (Former Section CZ#A313-41(F)(2))
34.4 SY: DEVELOPMENT STANDARDS WHERE STANDARDS IN ADDITION TO MINIMUM LOT SIZE ARE… ¶
(See also Special Combining Zone “Y”)
34.4.1 Special Representation for Minimum Lot Size, where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(G))
34.4.1.1SY - where development standards in addition to the minimum lot size are modified. (Former Section CZ#A313-41(G)(1))
34.4.1.2SY (x) - where, on the zoning maps, “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate SY(x) parcel size designation shall be required. As necessary to maintain consistency with the General Plan, the lot size specification requirements shall be a part of the enforceable restrictions of the subdivision. (Former Section CZ#A313-41(G)(3))
34.4.1.3(See also, the subsection, Special Combining Zone “Y.”)
34.5 STMP: SAMOA TOWN PLAN STANDARDS ¶
34.5.1 Purpose. The purpose of these regulations is to provide for the comprehensive planning and orderly development of the community of Samoa.
34.5.2 Applicability. These regulations shall apply within the STMP-LUP, specifically to the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, APN 401-031-67, and APN 401-031-44, generally depicted on Exhibit 25.
34.5.3 Modifications Imposed by the STMP Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
Modifications Imposed by the STMP Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into one two (2) master parcels generally depicted on Exhibit 25A. The two resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMPLUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUMMAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4 STMP Development Findings. Coastal development permit approvals for development within the lands subject to the STMP shall only be authorized if the following requirements are met, in addition to any other applicable requirements of the certified Local Coastal Program. Development within the STMP may only be authorized if the decision-making authority adopts specific findings of consistency with the following numbered regulations and provisions and all other applicable requirements of the certified LCP.
34.5.4.1 STMP (New Development) Standard 1. ¶
34.5.4.1.1New development authorized within the STMP-LUP including restoration of existing structures shall incorporate the best available practices for the protection of coastal waters. To achieve these standards, the applicant shall provide supplemental information as a filing requirement of any coastal development permit application for development within the area subject to the STMP, and the pertinent decision-makers shall adopt specific findings and attach conditions requiring the incorporation of, and compliance with, these water quality protection measures in approving coastal development permits for subdivision or further development of the lands subject to the standards of the STMP.
34.5.4.1.1.1 Construction pollution control plan. A construction-phase erosion, sedimentation, and polluted runoff control plan (“construction pollution control plan”) shall specify interim best management practices (BMPs) that will be implemented to minimize erosion and sedimentation during construction, and prevent contamination of runoff by construction chemicals and materials, to the maximum extent practicable. The construction pollution control plan shall demonstrate that:
34.5.4.1.1.1.1During construction, development shall minimize site runoff and erosion through the use of temporary BMPs (including, but not limited to, soil stabilization measures), and shall eliminate the discharge of sediment and other stormwater pollution resulting from construction activities (e.g., chemicals, vehicle fluids, asphalt and cement compounds, and debris), to the extent feasible.
34.5.4.1.1.1.2Land disturbance activities during construction (e.g., clearing, grading, and cut-and-fill) shall be minimized, to the extent feasible, to avoid increased erosion and sedimentation. Soil compaction due to construction activities shall be minimized, to the extent feasible, to retain the natural stormwater infiltration capacity of the soil.
34.5.4.1.1.1.3Construction shall minimize the disturbance of natural vegetation (including significant trees, native vegetation, and root structures), which is important for preventing erosion and sedimentation.
34.5.4.1.1.1.4Development shall implement soil stabilization BMPs, including but not limited to re-vegetation, on graded or disturbed areas as soon as feasible.
34.5.4.1.1.1.5Grading operations shall not be conducted during the rainy season (from October 1 to April 15), except in response to emergencies, unless the County determines that soil conditions at the project site are suitable, the likelihood of significant precipitation is low during the period of extension, (not to exceed one week at a time), and adequate erosion and sedimentation control measures will be in place during all grading operations.
34.5.4.1.1.1.6The construction pollution control plan shall be submitted with the final construction drawings. The plan shall include, at a minimum, a narrative report describing all temporary polluted runoff, sedimentation, and erosion control measures to be implemented during construction, including:
34.5.4.1.1.1.6.1Controls to be implemented on the amount and timing of grading.
34.5.4.1.1.1.6.2BMPs to be implemented for staging, storage, and disposal of excavated materials.
34.5.4.1.1.1.6.3Design specifications for structural treatment control BMPs, such as sedimentation basins.
34.5.4.1.1.1.6.4Re-vegetation or landscaping plans for graded or disturbed areas.
34.5.4.1.1.1.6.5Other soil stabilization BMPs to be implemented.
34.5.4.1.1.1.6.6Methods to infiltrate or treat stormwater prior to conveyance off-site during construction.
34.5.4.1.1.1.6.7Methods to eliminate or reduce the discharge of other stormwater pollutants resulting from construction activities (including but not limited to paints, solvents, vehicle fluids, asphalt and cement compounds, and debris) into stormwater runoff.
34.5.4.1.1.1.6.8BMPs to be implemented for staging, storage, and disposal of construction chemicals and materials.
34.5.4.1.1.1.6.9Proposed methods for minimizing land disturbance activities, soil compaction, and disturbance of natural vegetation.
34.5.4.1.1.1.6.10A site plan showing the location of all temporary erosion control measures.
34.5.4.1.1.1.6.11A schedule for installation and removal of the temporary erosion control measures.
34.5.4.1.1.2 Post-Construction Stormwater Plan. A plan to control post-construction stormwater runoff flows, and maintain or improve water quality (“post-construction stormwater plan”) shall specify site design, source control, and if necessary, treatment control BMPs that will be implemented to minimize stormwater pollution and minimize or eliminate increases in stormwater runoff volume and rate from the development after construction. The post-construction stormwater plan shall demonstrate that:
34.5.4.1.1.2.1Following construction, erosion on the site shall be controlled to avoid adverse impacts on adjacent properties and resources.
34.5.4.1.1.2.2Permanent erosion control measures shall be installed, as may be needed, depending upon the intensity of development proposed and the sensitivity of receiving waters.
34.5.4.1.1.2.3Runoff from the project shall not increase sedimentation in receiving waters.
34.5.4.1.1.2.4On-site filtering, grease, and/or sediment trapping systems shall be installed, as needed, to capture any pollutants contained in the runoff.
34.5.4.1.1.2.5Permanent runoff/drainage control improvements, such as subsurface drainage interception, energy dissipaters, recovery/reuse cisterns, detention/retention impoundments, etc. shall be installed, as needed, at the point of discharge.
34.5.4.1.1.2.6In the application and initial planning process, the applicant shall submit a preliminary post-construction stormwater plan, and prior to issuance of a building permit the applicant shall submit a final post-construction stormwater plan for approval by the County. The plan shall include, at a minimum, the following components:
34.5.4.1.1.2.6.1Proposed site design and source control BMPs that will be implemented to minimize post-construction polluted runoff.
34.5.4.1.1.2.6.2Proposed drainage improvements (including locations of infiltration basins, and diversions/ conveyances for upstream runoff).
34.5.4.1.1.2.6.3Measures to maximize on-site retention and infiltration (including directing rooftop runoff to permeable areas rather than to driveways).
34.5.4.1.1.2.6.4Measures to maximize, to the extent practicable, the percentage of permeable surfaces, and to limit the percentage of directly connected impervious areas, to increase infiltration of runoff.
34.5.4.1.1.2.6.5Methods to convey runoff from impervious surfaces into permeable areas of the property in a non-erosive manner.
34.5.4.1.1.2.6.6A site plan showing the location of all permanent erosion control measures.
34.5.4.1.1.2.6.7A schedule for installation and maintenance of the permanent erosion control measures.
34.5.4.1.1.2.6.8A schedule for installation and maintenance of the sediment and debris filtration, grease and/or sediment trap, etc., as warranted for the type of development and site.
34.5.4.1.1.2.6.9A site plan showing finished grades in one-foot contour intervals and associated drainage improvements.
34.5.4.1.1.3 Site design using low impact development techniques. The post-construction stormwater plan shall demonstrate the preferential consideration of low impact development (LID) techniques in order to minimize stormwater quality and quantity impacts from development. LID is a development site design strategy with a goal of maintaining or reproducing the site’s pre-development hydrologic functions of storage, infiltration, and groundwater recharge, as well as the volume and rate of stormwater discharges. LID strategies use small-scale integrated and distributed management practices, including minimizing impervious surfaces, infiltrating stormwater close to its source, and preservation of permeable soils and native vegetation. LID techniques to consider include, but are not limited to, the following:
34.5.4.1.1.3.1Development shall be sited and designed to preserve the infiltration, purification, detention, and retention functions of natural drainage systems that exist on the site, to the maximum extent practicable. Drainage shall be conveyed from the developed area of the site in a non-erosive manner.
34.5.4.1.1.3.2Development shall minimize the creation of impervious surfaces (including pavement, sidewalks, driveways, patios, parking areas, streets, and roof-tops), especially directly connected impervious areas, to the maximum extent practicable. Directly connected impervious areas include areas covered by a building, impermeable pavement, and/or other impervious surfaces, which drain directly into the storm drain system without first flowing across permeable land areas (e.g., lawns).
nt, sidewalks, driveways, patios, parking areas, streets, and roof-tops), especially directly connected impervious areas, to the maximum extent practicable. Directly connected impervious areas include areas covered by a building, impermeable pavement, and/or other impervious surfaces, which drain directly into the storm drain system without first flowing across permeable land areas (e.g., lawns).
34.5.4.1.1.3.3Development shall maintain or enhance, where appropriate and feasible, on-site infiltration of stormwater runoff, in order to preserve natural hydrologic conditions, recharge groundwater, attenuate runoff flow, and minimize transport of pollutants. Alternative management practices shall be substituted where the review authority has determined that infiltration BMPs may result in adverse impacts, including but not limited to where saturated soils may lead to geologic instability, where infiltration may contribute to flooding, or where regulations to protect groundwater may be violated.
34.5.4.1.1.3.4Development that creates new impervious surfaces shall divert stormwater runoff flowing from these surfaces into permeable areas in order to maintain, or enhance where appropriate and feasible, on-site stormwater infiltration capacity.
34.5.4.1.1.3.5To enhance stormwater infiltration capacity, development applicants shall use permeable pavement materials and techniques (e.g., paving blocks, porous asphalt, permeable concrete, and reinforced grass or gravel), where appropriate and feasible.
Permeable pavements shall be designed so that stormwater infiltrates into the underlying soil, to enhance groundwater recharge and provide filtration of pollutants.
34.5.4.1.1.4 Water quality and hydrology plan for developments of water quality concern. In addition to the information to be provided in the post-construction stormwater plan, applicants for “developments of water quality concern,” shall submit a water quality and hydrology plan and be subject to the additional requirements listed below.
34.5.4.1.1.4.1“Developments of water quality concern” include the following:
34.5.4.1.1.4.1.1Housing developments of five (5) or more dwelling units, including but not limited to residential subdivisions.
34.5.4.1.1.4.1.2Hillside developments on slopes greater than 20 percent, located in areas with highly erodible soil, such as soils deposited in association with dune formation.
34.5.4.1.1.4.1.3Developments that will cumulatively result in the creation, addition, or replacement of one acre or more of impervious surface area.
34.5.4.1.1.4.1.4Parking lots with ten thousand (10,000) square feet or more of impervious surface area, potentially exposed to stormwater runoff, or where, combined with adjacent structures, will cumulatively exceed ten thousand (10,000) square feet.
34.5.4.1.1.4.1.5Vehicle service facilities, including retail gasoline outlets, commercial car washes, and vehicle repair facilities, with ten thousand (10,000) square feet or more of impervious surface area.
34.5.4.1.1.4.1.6Business or Industrial parks, or other commercial or recreational development with ten thousand (10,000) square feet or more of impervious surface area, including associated parking.
34.5.4.1.1.4.1.7Commercial, recreational or industrial outdoor storage areas of five thousand (5,000) square feet or more, or as determined by the County based on the use of the storage area, where used for storage of materials that may contribute pollutants to the storm drain system or coastal waters.
34.5.4.1.1.4.1.8Business, industrial, commercial, agricultural, or recreational developments of any size that utilize chemicals that may contribute pollutants to the storm drain system that would adversely affect the functioning of the vegetated filtration fields associated with the waste water treatment plant.
34.5.4.1.1.4.1.9Streets, roads, bus stops, and adjacent bicycle lanes and sidewalks cumulatively equaling ten thousand (10,000) feet or more of impervious surface area, but not including Class I (stand-alone) pedestrian pathways, trails, and off-street bicycle lanes.
34.5.4.1.1.4.1.10All developments entailing the creation, addition, or replacement of 5,000 square feet or more of impervious surface area, located within two hundred (200) feet of the ocean or a coastal water body (including estuaries, wetlands, rivers, streams, and lakes), or that discharge directly to the ocean or a water body (i.e., outflow from the drainage conveyance system is composed entirely of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands.)
34.5.4.1.1.4.2Additional Requirements for developments of water quality concern:
34.5.4.1.1.4.2.1Water quality and hydrology plan. The applicant for a development of water quality concern shall be required to submit a water quality & hydrology plan (WQHP), prepared by a California licensed civil engineer or landscape architect, which supplements the post-construction stormwater plan. The WQHP shall include calculations, per County standards, that estimate increases in pollutant loads and changes in stormwater runoff hydrology (i.e., volume and flow rate) resulting from the proposed development, and shall specify the BMPs that will be implemented to minimize post-construction water quality and hydrologic impacts. The WQHP shall also include operation and maintenance plans for post-construction treatment control BMPs. In the application and initial planning process, the applicant shall be required to submit for approval a preliminary WQHP, and prior to issuance of a building permit the applicant shall submit a final WQHP for approval by the County Engineer.
onstruction water quality and hydrologic impacts. The WQHP shall also include operation and maintenance plans for post-construction treatment control BMPs. In the application and initial planning process, the applicant shall be required to submit for approval a preliminary WQHP, and prior to issuance of a building permit the applicant shall submit a final WQHP for approval by the County Engineer.
34.5.4.1.1.4.2.2Selection of structural treatment control BMPs. If the County determines that the combination of site design and source control BMPs is not sufficient to protect water quality and coastal waters, a structural treatment control BMP (or suite of BMPs) shall also be required. developments of water quality concern are presumed to require treatment control BMPs to meet the requirements of the coastal land use plan and state and federal water quality laws, unless the water quality & hydrology plan demonstrates otherwise.
The water quality & hydrology plan for a development of water quality concern shall describe the selection of treatment controls BMPs. Applicants shall first consider the treatment control BMP, or combination of BMPs, that is most effective at removing the pollutant(s) of concern, or provide a justification if that BMP is determined to be infeasible.
34.5.4.1.1.4.2.385th percentile design standard for treatment control BMPs. For post-construction treatment of stormwater runoff in developments of water quality concern, treatment control BMPs (or suites of BMPs) shall be sized and designed to treat, infiltrate, or filter the amount of stormwater runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of 2 or greater) for flowbased BMPs.
34.5.4.1.1.4.2.4Maintain pre-development hydrograph. In developments of water quality concern where changes in stormwater runoff hydrology (i.e., volume and flow rate) may result in increased potential for stream bank erosion, downstream flooding, or other adverse habitat impacts, hydrologic control measures (e.g., stormwater infiltration, detention, harvest and re-use, and landscape evapotranspiration) shall be implemented in order to ensure that the pre- and post-project runoff hydrographs match within 10% for a two-year return frequency storm.
34.5.4.1.1.4.3 Content. The water quality and hydrology plan shall contain the following:
34.5.4.1.1.4.3.1Site design, source control, and treatment control BMPs that will be implemented to minimize post-construction water quality and hydrologic impacts.
34.5.4.1.1.4.3.2All of the information required in sub-section A for the post-construction stormwater plan.
34.5.4.1.1.4.3.3Pre-development stormwater runoff hydrology (i.e., volume and flow rate) from the site.
34.5.4.1.1.4.3.4Expected post-development stormwater runoff hydrology (i.e., volume and flow rate) from the site, with all proposed non-structural and structural BMPs in place.
34.5.4.1.1.4.3.5Measures to infiltrate or treat runoff from impervious surfaces (including roads, driveways, parking structures, building pads, roofs, and patios) on the site, and to discharge the runoff in a manner that avoids potential adverse impacts. Such measures may include, but are not limited to, structural treatment control BMPs including biofilters, grassy swales, on-site de-silting basins, detention ponds, or dry wells.
34.5.4.1.1.4.3.6A description of how the BMPs (or suites of BMPs) have been designed to infiltrate and/or treat the amount of storm water runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of two (2) or greater) for flow-based BMPs.
34.5.4.1.1.4.3.7Appropriate structural post-construction Treatment Control BMPs selected to remove the specific runoff pollutants generated by the development, using processes such as gravity settling, filtration, biological uptake, media adsorption, or any other physical, chemical, or biological process.
34.5.4.1.1.4.3.8A long-term plan and schedule for the monitoring and maintenance of all structural Treatment Control BMPs. All structural BMPs shall be inspected, cleaned, and repaired as necessary to ensure their effective operation for the life of the development. Owners of these devices shall be responsible for ensuring that they continue to function properly, and additional inspections should occur after storms as needed throughout the rainy season. Repairs, modifications, or installation of additional BMPs, as needed, shall be carried out prior to the next rainy season.
34.5.4.1.1.5 Best management practices (BMPs); selection and incorporation. ¶
34.5.4.1.1.5.1All development shall incorporate effective site design and long-term post-construction source control BMPs, as necessary to minimize adverse impacts to water quality and coastal waters resulting from the development, to the maximum extent practicable. BMPs that protect post-construction water quality and minimize increases in runoff volume and rate shall be incorporated as necessary in the project design of developments in the following order of priority:
34.5.4.1.1.5.1.1Site design BMPs: Project design features that reduce the creation or severity of potential pollutant sources, or reduce the alteration of the project site’s natural stormwater flow regime. Examples are minimizing impervious surfaces, preserving native vegetation, and minimizing grading.
34.5.4.1.1.5.1.2Source control BMPs: Methods that reduce potential pollutants at their sources and/or avoid entrainment of pollutants in runoff, including schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or operational practices. Examples are covering outdoor storage areas, use of efficient irrigation, and minimizing the use of landscaping chemicals.
34.5.4.1.1.5.1.3Treatment control BMPs: Systems designed to remove pollutants from stormwater, by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption, or any other physical, biological, or chemical process. Examples are vegetated swales, detention basins, and storm drain inlet filters.
34.5.4.1.1.5.2The selection of BMPs shall be guided by the California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks dated January 2003 (or the current edition), or an equivalent BMP manual that describes the type, location, size, implementation, and maintenance of BMPs suitable to address the pollutants generated by the development and specific to a climate similar to Humboldt County’s. Caltrans' 2007 “Storm Water Quality Handbook: Project Planning and Design Guide” (or the current edition) may also be used to guide design of construction-phase BMPs. Additional guidance on BMPs is available from the state water resources and water quality boards, the U.S. Environmental Protection Agency, regional entities such as the Bay Area Stormwater Management Agencies Association’s (BASMAA) “Start at the Source: Design Guidance Manual for Stormwater Quality Protection,” and/or as may be developed from time to time with technological advances in water quality treatment.
34.5.4.1.1.5.3Where BMPs, are required, BMPs shall be selected that have been shown to be effective in reducing the pollutants typically generated by the proposed land use. The strategy for selection of appropriate BMPs to protect water quality and coastal
waters shall be guided by Tables 21-55B-1 through -3, below, or equivalent tables which list pollutants of concern and appropriate BMPs for each type of development or land use. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4.2 STMP (New Development) Standard 2. ¶
34.5.4.2.1Remediation of contamination, including contaminated soils or residual lead paint on structural surfaces, and/or reinforcement/replacement of the foundations of aging structures associated with the “company town” of Samoa shall be undertaken with special care to preserve the structural integrity and authentic period details (such as original woodwork, windows, and millwork) of the structures, in accordance with the following additional requirements:
34.5.4.2.1.1Proposals for remediation shall clearly indicate the removal methods that will be used for the soil, groundwater, and the existing structures in the coastal development permit application submitted to the reviewing authority for each project. In addition, such proposals shall include a Standard Operating Procedure for safe implementation of removal methods that will be used on or near the existing structures, and the Standard Operating Procedure shall be incorporated into each applicable removal contract and which shall clearly state the manner in which release of contaminants to the environment will be prevented;
34.5.4.2.1.2A coastal development permit application for such work shall include a survey of each existing structure (a “Building Survey”) included in the proposed project or within a 25-foot radius of the proposed project. The Building Survey document shall include at a minimum: a section and plan of the proposed site including existing structures and if a soil removal is proposed – a section and plan prepared by a California-licensed professional civil engineer (“civil engineer”) indicating the excavation limits (depth and distance from existing structures), elevation drawings (each façade) of all existing buildings within the proposed project area and the project radius, an evaluation of the structural integrity of each existing structure (including the foundation, exterior walls, and all attached structures such as porches and decks), photographs to support the findings, a description of any prior site disturbance as the result of past remedial actions or naturally occurring earth movement, and provide a written report of the survey conclusions, including recommendations to ensure that the structure remains stable throughout the proposed removal work as well as postremediation. In addition, the civil engineer shall clearly determine whether the existing foundation of each structure will adequately support the building throughout the removal of hazardous materials or if a new foundation is recommended.
en report of the survey conclusions, including recommendations to ensure that the structure remains stable throughout the proposed removal work as well as postremediation. In addition, the civil engineer shall clearly determine whether the existing foundation of each structure will adequately support the building throughout the removal of hazardous materials or if a new foundation is recommended.
34.5.4.2.1.3In the event that a new foundation is recommended by the civil engineer pursuant to Subparagraph 2 above, the civil engineer shall propose an appropriate foundation which meets current California State building standards. The reviewing authority shall require that the new foundation be installed in accordance with the civil engineer’s recommendations prior to any site disturbance that the civil engineer indicates could compromise the stability of an existing structure. The civil engineer shall provide a post-remediation survey of each historic structure and warrant the continued stability of the structure in a final report submitted to the reviewing authority, including documentation that the recommendations of the civil engineer have been fully implemented, including the construction of the new foundations where such recommendation has been identified. Should unanticipated de-stabilization of any existing structure occur during remedial activities, site disturbance shall be halted, the structure temporarily stabilized, and a civil engineering analysis and recommendations to stabilize the structure permanently shall be obtained by the reviewing authority and implemented before remediation or other site disturbance resumes. All civil engineering analyses and reports pertaining to these requirements shall be collected and preserved by the reviewing authority and retained in permanent public files. All survey and civil engineering work performed in accordance with these requirements shall be undertaken by a California State-licensed registered professional civil engineer.
34.5.4.3 STMP (New Development) Standard 3. ¶
34.5.4.1Existing structures associated with the historic town shall be restored and maintained in a manner that protects the historic character, period details, and authentic original materials of the original structures. Replacement of period details and features with new materials or methods designed to achieve energy conservation shall not be undertaken in a manner that would replace or distract from the existing period details such as original wood-framed windows and hand-turned wooden decorative details evident in many of the existing Samoa “company town” structures.
34.5.4.4 STMP (Wetlands/ESHA) Standard 1. ¶
34.5.4.4.1The biological report required by STMP (Wetlands/ESHA) Policy 11 shall include, but is not limited to, the following:
34.5.4.4.1.1A study identifying biological resources existing on the site, and the historical extent of the resources as identified in previous reports, surveys, delineations, maps, or publications, disclosing the history, ecology and habitat requirements of the relevant resources, such as plants and wildlife, in sufficient detail to permit a review of functional relationships, their potential for restoration, the potential location of dormant seedbanks of rare (particularly annual) plants, habitat (including non-native species such as individual trees or groves that provide habitat architecture and other resources for birds or other species, or wetlands that may be used by amphibians during specific lifecycle stages) that may be used during specific lifecycle stages or seasonally by migratory species for roosting, breeding or feeding during specific seasonal windows, and present and potential adverse physical and biological impacts on the identified biological resources or on the associated ecosystem, either individually or cumulatively;
34.5.4.4.1.2An identification of “fully protected” species and/or “species of special concern,” and an identification of any other species of rarity, including plants designated “List 1B” or “List 2” by the California Native Plant Society, that are present or have the potential to occur on the project site;
34.5.4.4.1.3Photographs of the site labeled with orientation noted on pertinent maps;
34.5.4.4.1.4A discussion of the physical characteristics of the site including, but not limited to, topography, soil types, microclimate, and migration corridors;
34.5.4.4.1.5A site map depicting the location of biological resources, both current and historical. The resources shall be shown within the context of a topographic based map that shall be at a scale sufficiently large to permit clear and accurate depiction of the extent of sensitive resources identified through appropriate field investigations and where pertinent, protocol surveys for sensitive species, vegetation associations and soil types in relation to any and all proposed development (minimum 1:2,400) and other information, such as the locations of specific trees, habitat boundaries, etc. discussed in the text of the subject biological report. Contour intervals shall be five (5) feet, and the map should contain a north arrow, graphic bar scale, and a citation for the source of the base map (including the date).
34.5.4.4.1.6An analysis of the potential impacts of the proposed development on the identified habitat or species;
34.5.4.4.1.7An analysis of any unauthorized development, including grading or vegetation removal that may have contributed to the degradation or elimination of habitat area or species that would otherwise be present on the site in a healthy condition (note: vegetation or other resources previously surveyed as present but absent at the time of preparation of the subject biological report shall be explained, and if no reasonable ecological basis for the change exists, the County shall presume that unauthorized disturbance of the pertinent resources may have occurred and shall investigate and respond to this information accordingly and the results of the pertinent investigation shall be presented to the pertinent decision-makers. Development of areas subject to prior unauthorized disturbance shall not be authorized until or unless resolution of the potential violation has been achieved.);
34.5.4.4.1.8Project alternatives, including project modifications and off-site options designed to avoid and minimize impacts to identified habitat or species;
34.5.4.4.1.9A buffer adequacy analysis consistent with the requirements of STMP (Wetland/ESHA) Policy 4 where an ESHA buffer of less than one hundred (100) feet is proposed. The buffer adequacy analysis shall at a minimum include the following:
34.5.4.4.1.9.1 Biological significance of adjacent lands. The functional relationships among nearby habitat types and areas. Functional relationships may exist if species associated with such areas spend a significant portion of their life cycle on adjacent lands. The degree of significance depends upon the habitat requirements of the species in the habitat area (e.g., nesting, feeding, breeding, or resting). Where a significant functional relationship exists, the land supporting this relationship shall also be considered to be part of the ESHA, and the buffer zone shall be measured from the edge of these lands and be sufficiently wide to protect these functional relationships. Where no significant functional relationships exist, the buffer shall be measured from the edge of the ESHA that is adjacent to the proposed development.
34.5.4.4.1.9.1.2 Sensitivity of species to disturbance. The width of the buffer zone shall be based, in part, on the distance necessary to ensure that the most sensitive species of plants and animals will not be disturbed significantly by the permitted development. Such a determination shall be based on the following after consultation with biologists of the Department of Fish and Game, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Coastal Commission or others with similar expertise:
34.5.4.4.1.9.1.3Nesting, feeding, breeding, resting, or other habitat requirements of both resident and migratory fish and wildlife species, which may include reliance on non-native species, including trees that provide roosting, feeding, or nesting habitat;
34.5.4.4.1.9.1.4An assessment of the short-term and long-term adaptability of various species to human disturbance;
34.5.4.4.1.9.1.5An assessment of the impact and activity levels of the proposed development on the resource.
34.5.4.4.1.9.1.6 Erosion susceptibility. The width of the buffer shall be based, in part, on an assessment of the slope, soils, impervious surface coverage, runoff characteristics, erosion potential, and vegetative cover of the parcel proposed for development and adjacent lands. A sufficient buffer to allow for the interception of any additional material eroded as a result of the proposed development shall be provided.
34.5.4.4.1.9.1.7 Use natural topography. Where feasible, use hills and bluffs adjacent to Environmentally Sensitive Habitat Areas, to buffer these habitat areas. Where otherwise permitted, locate development on the sides of hills away from Environmentally Sensitive Habitat Areas. Include bluff faces in the buffer area.
34.5.4.4.1.9.1.8Required buffer areas shall be measured from the following points, and shall include historic locations of the subject habitat/species that are pertinent to the habitats associated with the STMP-LUP area, as applicable:
34.5.4.4.1.9.1.8.1The perimeter of the sand dune/permanently established terrestrial vegetation interface for dune-related ESHA.
34.5.4.4.1.9.1.8.2The upland edge of a wetland.
34.5.4.4.1.9.1.8.3The outer edge of the canopy of coastal sage or forests plus such additional area as may be necessary to account for underground root zone areas. All root zones shall be protected as part of the associated ESHA.
34.5.4.4.1.9.1.8.4The outer edge of the plants that comprise the rare plant community for rare plant community ESHA, including any areas of rare annual plants that have been identified in previous surveys and the likely area containing the dormant seed banks of rare plant species.
34.5.4.4.1.9.1.8.5The outer edge of any habitat used by mobile or difficult to survey sensitive species (such as ground nesting habitat or rare insects, seasonal upland refuges of certain amphibians, etc.) within or adjacent to the lands subject to the STMP-LUP based on the best available data.
34.5.4.4.1.9.1.86Where established public agency “protocols” exist for the survey of a particular species or habitat, the preparing biologist shall undertake the survey and subsequent analysis in accordance with the requirements of the protocol and shall be trained and credentialed by the pertinent agency to undertake the subject protocol survey. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4.5 STMP (Hazards) Standard 1. ¶
34.5.4.5.1 Sea Level Rise Analysis. Applications for development adjacent to the shore or that may be subject to the influence of sea level over the life of the project shall include an analysis of possible impacts from sea level rise. The analysis shall take into account the best available scientific information with respect to the effects of long-range sea level rise for all requisite geologic, geotechnical, hydrologic, and engineering investigations consistent with the best available science on sea-level rise for the Humboldt Bay region and the Coastal Commission’s adopted Sea Level Rise Policy Guidance document. Residential and commercial development at nearshore sites shall analyze potential coastal hazard sensitivities for a range of potential global sea level rise scenarios, from three to six (6) feet per century. The analysis shall also take into consideration regional sea level variability, localized uplift or subsidence, local topography, bathymetry and geologic conditions. A similar sensitivity analysis shall be performed for critical facilities, energy production and distribution infrastructure, and other development projects of major community significance. These hazard analyses shall be used to identify current and future site hazards, to help guide site design and hazard mitigation and to identify sea level thresholds after which limitations to the development’s design and siting would cause the improvements to become significantly less stable. For design purposes, development projects shall assume a minimum sea level rise of three and two tenths (3.2) feet per century and projects of major community-wide significance shall assume a minimum five and three tenths (5.3) feet per century. (Ord. 2466, 12/6/2011; Ord. ____, Section 1, 4/12/2016)
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34.1 S: DEVELOPMENT STANDARD COMBINING ZONE REGULATIONS ¶
34.1.1 Title and Purpose. The provisions of this section shall be known as the Development Standard Combining Zone Regulations. The Development Standard Combining Zone Regulations are intended to allow modification of the specific development standards in the principal zones to more precisely implement the General Plan. (Former Section CZ#A313-41(A))
34.1.2 Applicability. The County Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may include the “S” - “Development Standard Combining Zone” with any Principal Zone. By doing so, the Board of Supervisors may modify any or all of the following development standards: (Former Section CZ#A313-41(B))
34.1.2.1Minimum Lot Size
34.1.2.2Minimum Average Lot Size
34.1.2.3Minimum Lot Width
34.1.2.4Maximum Lot Depth
34.1.2.5Minimum Yard Setbacks
34.1.2.6Maximum Ground Coverage
34.1.2.7Maximum Building Height
34.1.2.8Permitted Principal Building Types
34.1.3 Limitations to Modifying Development Standards. Modifications of development standards are subject to the following limitations: (Former Section CZ#A313-41(C))
34.1.3.1Minimum Lot Size shall not be modified below five thousand (5,000) square feet. (Former Section CZ#A313-41(C)(1))
34.1.3.2Minimum Lot Width shall not be modified below fifty (50) feet. (Former Section CZ#A313-41(C)(2))
34.1.3.3Principal Zones may be modified to allow manufactured homes as a permitted building type only when the zoning district to be modified will include a minimum area of four (4) acres or four (4) city blocks. (Former Section CZ#A313-41(C)(3))
34.1.4 Map Designation. When combined with a principal zone, the Development Standard Combining Zone shall be designated on the adopted zoning maps by the designator “S,” except as provided herein. The “S” designator shall immediately follow the principal zone designator, or, where applicable, shall immediately follow the maximum density designator. The development standards that are modified shall also be represented on the adopted zoning maps in a table format in the order listed in this section. Arabic numerals shall be used in the table to specify all modified development standards, except for permitted principal building types. Permitted building types shall be represented by name in the table. Minimum Lot Size shall be represented by a number which represents thousands of square feet, followed by the lower case letter “s,” or by a number which represents numbers of acres, followed by the lower case letter “a,” whichever is appropriate. For example: RS7.5s would require a minimum lot size of seven thousand five hundred (7,500) square feet. (Former Section CZ#A313-41(D))
34.2 SM: MODIFIED BUILDING STANDARDS INCLUDING PROVISION FOR MANUFACTURED HOMES ¶
(See also Special Combining Zone “M”)
34.2.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designators shall be used as applicable: (Former Section CZ#A313-41(E))
34.2.1.1SM - where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section CZ#A313-41(E)(1))
34.2.1.2(See also, the subsection, Special Combining Zone “M”, where the development standards are modified for the sole purpose of allowing manufactured homes.) (Former Section CZ#A313-41(E)(2))
When the M designator is used, the permitted building type shall not be listed by name in the table format. (Former Section CZ#A31341(E))
34.3 SX: DEVELOPMENT STANDARDS WHICH ARE COMBINED WITH A PROHIBITION AGAINST FURTHER SUBDIVISION
(See also Special Combining Zone “X”)
34.3.1 Special Representation for Development Standards Where No Further Subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone as well as prohibit further subdivisions of any lots within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(F))
34.3.1.1SX - where development standards are modified in addition to prohibiting further subdivision. (Former Section CZ#A31341(F)(1))
34.3.1.2(See also, the subsection, Special Combining Zone “X”, where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone.) (Former Section CZ#A313-41(F)(2))
34.4 SY: DEVELOPMENT STANDARDS WHERE STANDARDS IN ADDITION TO MINIMUM LOT SIZE ARE… ¶
(See also Special Combining Zone “Y”)
34.4.1 Special Representation for Minimum Lot Size, where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(G))
34.4.1.1SY - where development standards in addition to the minimum lot size are modified. (Former Section CZ#A313-41(G)(1))
34.4.1.2SY (x) - where, on the zoning maps, “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate SY(x) parcel size designation shall be required. As necessary to maintain consistency with the General Plan, the lot size specification requirements shall be a part of the enforceable restrictions of the subdivision. (Former Section CZ#A313-41(G)(3))
34.4.1.3(See also, the subsection, Special Combining Zone “Y.”)
34.5 STMP: SAMOA TOWN PLAN STANDARDS ¶
34.5.1 Purpose. The purpose of these regulations is to provide for the comprehensive planning and orderly development of the community of Samoa.
34.5.2 Applicability. These regulations shall apply within the STMP-LUP, specifically to the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, APN 401-031-67, and APN 401-031-44, generally depicted on Exhibit 25.
34.5.3 Modifications Imposed by the STMP Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
Modifications Imposed by the STMP Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into one two (2) master parcels generally depicted on Exhibit 25A. The two resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMPLUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUMMAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4 STMP Development Findings. Coastal development permit approvals for development within the lands subject to the STMP shall only be authorized if the following requirements are met, in addition to any other applicable requirements of the certified Local Coastal Program. Development within the STMP may only be authorized if the decision-making authority adopts specific findings of consistency with the following numbered regulations and provisions and all other applicable requirements of the certified LCP.
34.5.4.1 STMP (New Development) Standard 1. ¶
34.5.4.1.1New development authorized within the STMP-LUP including restoration of existing structures shall incorporate the best available practices for the protection of coastal waters. To achieve these standards, the applicant shall provide supplemental information as a filing requirement of any coastal development permit application for development within the area subject to the STMP, and the pertinent decision-makers shall adopt specific findings and attach conditions requiring the incorporation of, and compliance with, these water quality protection measures in approving coastal development permits for subdivision or further development of the lands subject to the standards of the STMP.
34.5.4.1.1.1 Construction pollution control plan. A construction-phase erosion, sedimentation, and polluted runoff control plan (“construction pollution control plan”) shall specify interim best management practices (BMPs) that will be implemented to minimize erosion and sedimentation during construction, and prevent contamination of runoff by construction chemicals and materials, to the maximum extent practicable. The construction pollution control plan shall demonstrate that:
34.5.4.1.1.1.1During construction, development shall minimize site runoff and erosion through the use of temporary BMPs (including, but not limited to, soil stabilization measures), and shall eliminate the discharge of sediment and other stormwater pollution resulting from construction activities (e.g., chemicals, vehicle fluids, asphalt and cement compounds, and debris), to the extent feasible.
34.5.4.1.1.1.2Land disturbance activities during construction (e.g., clearing, grading, and cut-and-fill) shall be minimized, to the extent feasible, to avoid increased erosion and sedimentation. Soil compaction due to construction activities shall be minimized, to the extent feasible, to retain the natural stormwater infiltration capacity of the soil.
34.5.4.1.1.1.3Construction shall minimize the disturbance of natural vegetation (including significant trees, native vegetation, and root structures), which is important for preventing erosion and sedimentation.
34.5.4.1.1.1.4Development shall implement soil stabilization BMPs, including but not limited to re-vegetation, on graded or disturbed areas as soon as feasible.
34.5.4.1.1.1.5Grading operations shall not be conducted during the rainy season (from October 1 to April 15), except in response to emergencies, unless the County determines that soil conditions at the project site are suitable, the likelihood of significant precipitation is low during the period of extension, (not to exceed one week at a time), and adequate erosion and sedimentation control measures will be in place during all grading operations.
34.5.4.1.1.1.6The construction pollution control plan shall be submitted with the final construction drawings. The plan shall include, at a minimum, a narrative report describing all temporary polluted runoff, sedimentation, and erosion control measures to be implemented during construction, including:
34.5.4.1.1.1.6.1Controls to be implemented on the amount and timing of grading.
34.5.4.1.1.1.6.2BMPs to be implemented for staging, storage, and disposal of excavated materials.
34.5.4.1.1.1.6.3Design specifications for structural treatment control BMPs, such as sedimentation basins.
34.5.4.1.1.1.6.4Re-vegetation or landscaping plans for graded or disturbed areas.
34.5.4.1.1.1.6.5Other soil stabilization BMPs to be implemented.
34.5.4.1.1.1.6.6Methods to infiltrate or treat stormwater prior to conveyance off-site during construction.
34.5.4.1.1.1.6.7Methods to eliminate or reduce the discharge of other stormwater pollutants resulting from construction activities (including but not limited to paints, solvents, vehicle fluids, asphalt and cement compounds, and debris) into stormwater runoff.
34.5.4.1.1.1.6.8BMPs to be implemented for staging, storage, and disposal of construction chemicals and materials.
34.5.4.1.1.1.6.9Proposed methods for minimizing land disturbance activities, soil compaction, and disturbance of natural vegetation.
34.5.4.1.1.1.6.10A site plan showing the location of all temporary erosion control measures.
34.5.4.1.1.1.6.11A schedule for installation and removal of the temporary erosion control measures.
34.5.4.1.1.2 Post-Construction Stormwater Plan. A plan to control post-construction stormwater runoff flows, and maintain or improve water quality (“post-construction stormwater plan”) shall specify site design, source control, and if necessary, treatment control BMPs that will be implemented to minimize stormwater pollution and minimize or eliminate increases in stormwater runoff volume and rate from the development after construction. The post-construction stormwater plan shall demonstrate that:
34.5.4.1.1.2.1Following construction, erosion on the site shall be controlled to avoid adverse impacts on adjacent properties and resources.
34.5.4.1.1.2.2Permanent erosion control measures shall be installed, as may be needed, depending upon the intensity of development proposed and the sensitivity of receiving waters.
34.5.4.1.1.2.3Runoff from the project shall not increase sedimentation in receiving waters.
34.5.4.1.1.2.4On-site filtering, grease, and/or sediment trapping systems shall be installed, as needed, to capture any pollutants contained in the runoff.
34.5.4.1.1.2.5Permanent runoff/drainage control improvements, such as subsurface drainage interception, energy dissipaters, recovery/reuse cisterns, detention/retention impoundments, etc. shall be installed, as needed, at the point of discharge.
34.5.4.1.1.2.6In the application and initial planning process, the applicant shall submit a preliminary post-construction stormwater plan, and prior to issuance of a building permit the applicant shall submit a final post-construction stormwater plan for approval by the County. The plan shall include, at a minimum, the following components:
34.5.4.1.1.2.6.1Proposed site design and source control BMPs that will be implemented to minimize post-construction polluted runoff.
34.5.4.1.1.2.6.2Proposed drainage improvements (including locations of infiltration basins, and diversions/ conveyances for upstream runoff).
34.5.4.1.1.2.6.3Measures to maximize on-site retention and infiltration (including directing rooftop runoff to permeable areas rather than to driveways).
34.5.4.1.1.2.6.4Measures to maximize, to the extent practicable, the percentage of permeable surfaces, and to limit the percentage of directly connected impervious areas, to increase infiltration of runoff.
34.5.4.1.1.2.6.5Methods to convey runoff from impervious surfaces into permeable areas of the property in a non-erosive manner.
34.5.4.1.1.2.6.6A site plan showing the location of all permanent erosion control measures.
34.5.4.1.1.2.6.7A schedule for installation and maintenance of the permanent erosion control measures.
34.5.4.1.1.2.6.8A schedule for installation and maintenance of the sediment and debris filtration, grease and/or sediment trap, etc., as warranted for the type of development and site.
34.5.4.1.1.2.6.9A site plan showing finished grades in one-foot contour intervals and associated drainage improvements.
34.5.4.1.1.3 Site design using low impact development techniques. The post-construction stormwater plan shall demonstrate the preferential consideration of low impact development (LID) techniques in order to minimize stormwater quality and quantity impacts from development. LID is a development site design strategy with a goal of maintaining or reproducing the site’s pre-development hydrologic functions of storage, infiltration, and groundwater recharge, as well as the volume and rate of stormwater discharges. LID strategies use small-scale integrated and distributed management practices, including minimizing impervious surfaces, infiltrating stormwater close to its source, and preservation of permeable soils and native vegetation. LID techniques to consider include, but are not limited to, the following:
34.5.4.1.1.3.1Development shall be sited and designed to preserve the infiltration, purification, detention, and retention functions of natural drainage systems that exist on the site, to the maximum extent practicable. Drainage shall be conveyed from the developed area of the site in a non-erosive manner.
34.5.4.1.1.3.2Development shall minimize the creation of impervious surfaces (including pavement, sidewalks, driveways, patios, parking areas, streets, and roof-tops), especially directly connected impervious areas, to the maximum extent practicable. Directly connected impervious areas include areas covered by a building, impermeable pavement, and/or other impervious surfaces, which drain directly into the storm drain system without first flowing across permeable land areas (e.g., lawns).
nt, sidewalks, driveways, patios, parking areas, streets, and roof-tops), especially directly connected impervious areas, to the maximum extent practicable. Directly connected impervious areas include areas covered by a building, impermeable pavement, and/or other impervious surfaces, which drain directly into the storm drain system without first flowing across permeable land areas (e.g., lawns).
34.5.4.1.1.3.3Development shall maintain or enhance, where appropriate and feasible, on-site infiltration of stormwater runoff, in order to preserve natural hydrologic conditions, recharge groundwater, attenuate runoff flow, and minimize transport of pollutants. Alternative management practices shall be substituted where the review authority has determined that infiltration BMPs may result in adverse impacts, including but not limited to where saturated soils may lead to geologic instability, where infiltration may contribute to flooding, or where regulations to protect groundwater may be violated.
34.5.4.1.1.3.4Development that creates new impervious surfaces shall divert stormwater runoff flowing from these surfaces into permeable areas in order to maintain, or enhance where appropriate and feasible, on-site stormwater infiltration capacity.
34.5.4.1.1.3.5To enhance stormwater infiltration capacity, development applicants shall use permeable pavement materials and techniques (e.g., paving blocks, porous asphalt, permeable concrete, and reinforced grass or gravel), where appropriate and feasible.
Permeable pavements shall be designed so that stormwater infiltrates into the underlying soil, to enhance groundwater recharge and provide filtration of pollutants.
34.5.4.1.1.4 Water quality and hydrology plan for developments of water quality concern. In addition to the information to be provided in the post-construction stormwater plan, applicants for “developments of water quality concern,” shall submit a water quality and hydrology plan and be subject to the additional requirements listed below.
34.5.4.1.1.4.1“Developments of water quality concern” include the following:
34.5.4.1.1.4.1.1Housing developments of five (5) or more dwelling units, including but not limited to residential subdivisions.
34.5.4.1.1.4.1.2Hillside developments on slopes greater than 20 percent, located in areas with highly erodible soil, such as soils deposited in association with dune formation.
34.5.4.1.1.4.1.3Developments that will cumulatively result in the creation, addition, or replacement of one acre or more of impervious surface area.
34.5.4.1.1.4.1.4Parking lots with ten thousand (10,000) square feet or more of impervious surface area, potentially exposed to stormwater runoff, or where, combined with adjacent structures, will cumulatively exceed ten thousand (10,000) square feet.
34.5.4.1.1.4.1.5Vehicle service facilities, including retail gasoline outlets, commercial car washes, and vehicle repair facilities, with ten thousand (10,000) square feet or more of impervious surface area.
34.5.4.1.1.4.1.6Business or Industrial parks, or other commercial or recreational development with ten thousand (10,000) square feet or more of impervious surface area, including associated parking.
34.5.4.1.1.4.1.7Commercial, recreational or industrial outdoor storage areas of five thousand (5,000) square feet or more, or as determined by the County based on the use of the storage area, where used for storage of materials that may contribute pollutants to the storm drain system or coastal waters.
34.5.4.1.1.4.1.8Business, industrial, commercial, agricultural, or recreational developments of any size that utilize chemicals that may contribute pollutants to the storm drain system that would adversely affect the functioning of the vegetated filtration fields associated with the waste water treatment plant.
34.5.4.1.1.4.1.9Streets, roads, bus stops, and adjacent bicycle lanes and sidewalks cumulatively equaling ten thousand (10,000) feet or more of impervious surface area, but not including Class I (stand-alone) pedestrian pathways, trails, and off-street bicycle lanes.
34.5.4.1.1.4.1.10All developments entailing the creation, addition, or replacement of 5,000 square feet or more of impervious surface area, located within two hundred (200) feet of the ocean or a coastal water body (including estuaries, wetlands, rivers, streams, and lakes), or that discharge directly to the ocean or a water body (i.e., outflow from the drainage conveyance system is composed entirely of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands.)
34.5.4.1.1.4.2Additional Requirements for developments of water quality concern:
34.5.4.1.1.4.2.1Water quality and hydrology plan. The applicant for a development of water quality concern shall be required to submit a water quality & hydrology plan (WQHP), prepared by a California licensed civil engineer or landscape architect, which supplements the post-construction stormwater plan. The WQHP shall include calculations, per County standards, that estimate increases in pollutant loads and changes in stormwater runoff hydrology (i.e., volume and flow rate) resulting from the proposed development, and shall specify the BMPs that will be implemented to minimize post-construction water quality and hydrologic impacts. The WQHP shall also include operation and maintenance plans for post-construction treatment control BMPs. In the application and initial planning process, the applicant shall be required to submit for approval a preliminary WQHP, and prior to issuance of a building permit the applicant shall submit a final WQHP for approval by the County Engineer.
onstruction water quality and hydrologic impacts. The WQHP shall also include operation and maintenance plans for post-construction treatment control BMPs. In the application and initial planning process, the applicant shall be required to submit for approval a preliminary WQHP, and prior to issuance of a building permit the applicant shall submit a final WQHP for approval by the County Engineer.
34.5.4.1.1.4.2.2Selection of structural treatment control BMPs. If the County determines that the combination of site design and source control BMPs is not sufficient to protect water quality and coastal waters, a structural treatment control BMP (or suite of BMPs) shall also be required. developments of water quality concern are presumed to require treatment control BMPs to meet the requirements of the coastal land use plan and state and federal water quality laws, unless the water quality & hydrology plan demonstrates otherwise.
The water quality & hydrology plan for a development of water quality concern shall describe the selection of treatment controls BMPs. Applicants shall first consider the treatment control BMP, or combination of BMPs, that is most effective at removing the pollutant(s) of concern, or provide a justification if that BMP is determined to be infeasible.
34.5.4.1.1.4.2.385th percentile design standard for treatment control BMPs. For post-construction treatment of stormwater runoff in developments of water quality concern, treatment control BMPs (or suites of BMPs) shall be sized and designed to treat, infiltrate, or filter the amount of stormwater runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of 2 or greater) for flowbased BMPs.
34.5.4.1.1.4.2.4Maintain pre-development hydrograph. In developments of water quality concern where changes in stormwater runoff hydrology (i.e., volume and flow rate) may result in increased potential for stream bank erosion, downstream flooding, or other adverse habitat impacts, hydrologic control measures (e.g., stormwater infiltration, detention, harvest and re-use, and landscape evapotranspiration) shall be implemented in order to ensure that the pre- and post-project runoff hydrographs match within 10% for a two-year return frequency storm.
34.5.4.1.1.4.3 Content. The water quality and hydrology plan shall contain the following:
34.5.4.1.1.4.3.1Site design, source control, and treatment control BMPs that will be implemented to minimize post-construction water quality and hydrologic impacts.
34.5.4.1.1.4.3.2All of the information required in sub-section A for the post-construction stormwater plan.
34.5.4.1.1.4.3.3Pre-development stormwater runoff hydrology (i.e., volume and flow rate) from the site.
34.5.4.1.1.4.3.4Expected post-development stormwater runoff hydrology (i.e., volume and flow rate) from the site, with all proposed non-structural and structural BMPs in place.
34.5.4.1.1.4.3.5Measures to infiltrate or treat runoff from impervious surfaces (including roads, driveways, parking structures, building pads, roofs, and patios) on the site, and to discharge the runoff in a manner that avoids potential adverse impacts. Such measures may include, but are not limited to, structural treatment control BMPs including biofilters, grassy swales, on-site de-silting basins, detention ponds, or dry wells.
34.5.4.1.1.4.3.6A description of how the BMPs (or suites of BMPs) have been designed to infiltrate and/or treat the amount of storm water runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of two (2) or greater) for flow-based BMPs.
34.5.4.1.1.4.3.7Appropriate structural post-construction Treatment Control BMPs selected to remove the specific runoff pollutants generated by the development, using processes such as gravity settling, filtration, biological uptake, media adsorption, or any other physical, chemical, or biological process.
34.5.4.1.1.4.3.8A long-term plan and schedule for the monitoring and maintenance of all structural Treatment Control BMPs. All structural BMPs shall be inspected, cleaned, and repaired as necessary to ensure their effective operation for the life of the development. Owners of these devices shall be responsible for ensuring that they continue to function properly, and additional inspections should occur after storms as needed throughout the rainy season. Repairs, modifications, or installation of additional BMPs, as needed, shall be carried out prior to the next rainy season.
34.5.4.1.1.5 Best management practices (BMPs); selection and incorporation. ¶
34.5.4.1.1.5.1All development shall incorporate effective site design and long-term post-construction source control BMPs, as necessary to minimize adverse impacts to water quality and coastal waters resulting from the development, to the maximum extent practicable. BMPs that protect post-construction water quality and minimize increases in runoff volume and rate shall be incorporated as necessary in the project design of developments in the following order of priority:
34.5.4.1.1.5.1.1Site design BMPs: Project design features that reduce the creation or severity of potential pollutant sources, or reduce the alteration of the project site’s natural stormwater flow regime. Examples are minimizing impervious surfaces, preserving native vegetation, and minimizing grading.
34.5.4.1.1.5.1.2Source control BMPs: Methods that reduce potential pollutants at their sources and/or avoid entrainment of pollutants in runoff, including schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or operational practices. Examples are covering outdoor storage areas, use of efficient irrigation, and minimizing the use of landscaping chemicals.
34.5.4.1.1.5.1.3Treatment control BMPs: Systems designed to remove pollutants from stormwater, by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption, or any other physical, biological, or chemical process. Examples are vegetated swales, detention basins, and storm drain inlet filters.
34.5.4.1.1.5.2The selection of BMPs shall be guided by the California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks dated January 2003 (or the current edition), or an equivalent BMP manual that describes the type, location, size, implementation, and maintenance of BMPs suitable to address the pollutants generated by the development and specific to a climate similar to Humboldt County’s. Caltrans' 2007 “Storm Water Quality Handbook: Project Planning and Design Guide” (or the current edition) may also be used to guide design of construction-phase BMPs. Additional guidance on BMPs is available from the state water resources and water quality boards, the U.S. Environmental Protection Agency, regional entities such as the Bay Area Stormwater Management Agencies Association’s (BASMAA) “Start at the Source: Design Guidance Manual for Stormwater Quality Protection,” and/or as may be developed from time to time with technological advances in water quality treatment.
34.5.4.1.1.5.3Where BMPs, are required, BMPs shall be selected that have been shown to be effective in reducing the pollutants typically generated by the proposed land use. The strategy for selection of appropriate BMPs to protect water quality and coastal
waters shall be guided by Tables 21-55B-1 through -3, below, or equivalent tables which list pollutants of concern and appropriate BMPs for each type of development or land use. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4.2 STMP (New Development) Standard 2. ¶
34.5.4.2.1Remediation of contamination, including contaminated soils or residual lead paint on structural surfaces, and/or reinforcement/replacement of the foundations of aging structures associated with the “company town” of Samoa shall be undertaken with special care to preserve the structural integrity and authentic period details (such as original woodwork, windows, and millwork) of the structures, in accordance with the following additional requirements:
34.5.4.2.1.1Proposals for remediation shall clearly indicate the removal methods that will be used for the soil, groundwater, and the existing structures in the coastal development permit application submitted to the reviewing authority for each project. In addition, such proposals shall include a Standard Operating Procedure for safe implementation of removal methods that will be used on or near the existing structures, and the Standard Operating Procedure shall be incorporated into each applicable removal contract and which shall clearly state the manner in which release of contaminants to the environment will be prevented;
34.5.4.2.1.2A coastal development permit application for such work shall include a survey of each existing structure (a “Building Survey”) included in the proposed project or within a 25-foot radius of the proposed project. The Building Survey document shall include at a minimum: a section and plan of the proposed site including existing structures and if a soil removal is proposed – a section and plan prepared by a California-licensed professional civil engineer (“civil engineer”) indicating the excavation limits (depth and distance from existing structures), elevation drawings (each façade) of all existing buildings within the proposed project area and the project radius, an evaluation of the structural integrity of each existing structure (including the foundation, exterior walls, and all attached structures such as porches and decks), photographs to support the findings, a description of any prior site disturbance as the result of past remedial actions or naturally occurring earth movement, and provide a written report of the survey conclusions, including recommendations to ensure that the structure remains stable throughout the proposed removal work as well as postremediation. In addition, the civil engineer shall clearly determine whether the existing foundation of each structure will adequately support the building throughout the removal of hazardous materials or if a new foundation is recommended.
en report of the survey conclusions, including recommendations to ensure that the structure remains stable throughout the proposed removal work as well as postremediation. In addition, the civil engineer shall clearly determine whether the existing foundation of each structure will adequately support the building throughout the removal of hazardous materials or if a new foundation is recommended.
34.5.4.2.1.3In the event that a new foundation is recommended by the civil engineer pursuant to Subparagraph 2 above, the civil engineer shall propose an appropriate foundation which meets current California State building standards. The reviewing authority shall require that the new foundation be installed in accordance with the civil engineer’s recommendations prior to any site disturbance that the civil engineer indicates could compromise the stability of an existing structure. The civil engineer shall provide a post-remediation survey of each historic structure and warrant the continued stability of the structure in a final report submitted to the reviewing authority, including documentation that the recommendations of the civil engineer have been fully implemented, including the construction of the new foundations where such recommendation has been identified. Should unanticipated de-stabilization of any existing structure occur during remedial activities, site disturbance shall be halted, the structure temporarily stabilized, and a civil engineering analysis and recommendations to stabilize the structure permanently shall be obtained by the reviewing authority and implemented before remediation or other site disturbance resumes. All civil engineering analyses and reports pertaining to these requirements shall be collected and preserved by the reviewing authority and retained in permanent public files. All survey and civil engineering work performed in accordance with these requirements shall be undertaken by a California State-licensed registered professional civil engineer.
34.5.4.3 STMP (New Development) Standard 3. ¶
34.5.4.1Existing structures associated with the historic town shall be restored and maintained in a manner that protects the historic character, period details, and authentic original materials of the original structures. Replacement of period details and features with new materials or methods designed to achieve energy conservation shall not be undertaken in a manner that would replace or distract from the existing period details such as original wood-framed windows and hand-turned wooden decorative details evident in many of the existing Samoa “company town” structures.
34.5.4.4 STMP (Wetlands/ESHA) Standard 1. ¶
34.5.4.4.1The biological report required by STMP (Wetlands/ESHA) Policy 11 shall include, but is not limited to, the following:
34.5.4.4.1.1A study identifying biological resources existing on the site, and the historical extent of the resources as identified in previous reports, surveys, delineations, maps, or publications, disclosing the history, ecology and habitat requirements of the relevant resources, such as plants and wildlife, in sufficient detail to permit a review of functional relationships, their potential for restoration, the potential location of dormant seedbanks of rare (particularly annual) plants, habitat (including non-native species such as individual trees or groves that provide habitat architecture and other resources for birds or other species, or wetlands that may be used by amphibians during specific lifecycle stages) that may be used during specific lifecycle stages or seasonally by migratory species for roosting, breeding or feeding during specific seasonal windows, and present and potential adverse physical and biological impacts on the identified biological resources or on the associated ecosystem, either individually or cumulatively;
34.5.4.4.1.2An identification of “fully protected” species and/or “species of special concern,” and an identification of any other species of rarity, including plants designated “List 1B” or “List 2” by the California Native Plant Society, that are present or have the potential to occur on the project site;
34.5.4.4.1.3Photographs of the site labeled with orientation noted on pertinent maps;
34.5.4.4.1.4A discussion of the physical characteristics of the site including, but not limited to, topography, soil types, microclimate, and migration corridors;
34.5.4.4.1.5A site map depicting the location of biological resources, both current and historical. The resources shall be shown within the context of a topographic based map that shall be at a scale sufficiently large to permit clear and accurate depiction of the extent of sensitive resources identified through appropriate field investigations and where pertinent, protocol surveys for sensitive species, vegetation associations and soil types in relation to any and all proposed development (minimum 1:2,400) and other information, such as the locations of specific trees, habitat boundaries, etc. discussed in the text of the subject biological report. Contour intervals shall be five (5) feet, and the map should contain a north arrow, graphic bar scale, and a citation for the source of the base map (including the date).
34.5.4.4.1.6An analysis of the potential impacts of the proposed development on the identified habitat or species;
34.5.4.4.1.7An analysis of any unauthorized development, including grading or vegetation removal that may have contributed to the degradation or elimination of habitat area or species that would otherwise be present on the site in a healthy condition (note: vegetation or other resources previously surveyed as present but absent at the time of preparation of the subject biological report shall be explained, and if no reasonable ecological basis for the change exists, the County shall presume that unauthorized disturbance of the pertinent resources may have occurred and shall investigate and respond to this information accordingly and the results of the pertinent investigation shall be presented to the pertinent decision-makers. Development of areas subject to prior unauthorized disturbance shall not be authorized until or unless resolution of the potential violation has been achieved.);
34.5.4.4.1.8Project alternatives, including project modifications and off-site options designed to avoid and minimize impacts to identified habitat or species;
34.5.4.4.1.9A buffer adequacy analysis consistent with the requirements of STMP (Wetland/ESHA) Policy 4 where an ESHA buffer of less than one hundred (100) feet is proposed. The buffer adequacy analysis shall at a minimum include the following:
34.5.4.4.1.9.1 Biological significance of adjacent lands. The functional relationships among nearby habitat types and areas. Functional relationships may exist if species associated with such areas spend a significant portion of their life cycle on adjacent lands. The degree of significance depends upon the habitat requirements of the species in the habitat area (e.g., nesting, feeding, breeding, or resting). Where a significant functional relationship exists, the land supporting this relationship shall also be considered to be part of the ESHA, and the buffer zone shall be measured from the edge of these lands and be sufficiently wide to protect these functional relationships. Where no significant functional relationships exist, the buffer shall be measured from the edge of the ESHA that is adjacent to the proposed development.
34.5.4.4.1.9.1.2 Sensitivity of species to disturbance. The width of the buffer zone shall be based, in part, on the distance necessary to ensure that the most sensitive species of plants and animals will not be disturbed significantly by the permitted development. Such a determination shall be based on the following after consultation with biologists of the Department of Fish and Game, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Coastal Commission or others with similar expertise:
34.5.4.4.1.9.1.3Nesting, feeding, breeding, resting, or other habitat requirements of both resident and migratory fish and wildlife species, which may include reliance on non-native species, including trees that provide roosting, feeding, or nesting habitat;
34.5.4.4.1.9.1.4An assessment of the short-term and long-term adaptability of various species to human disturbance;
34.5.4.4.1.9.1.5An assessment of the impact and activity levels of the proposed development on the resource.
34.5.4.4.1.9.1.6 Erosion susceptibility. The width of the buffer shall be based, in part, on an assessment of the slope, soils, impervious surface coverage, runoff characteristics, erosion potential, and vegetative cover of the parcel proposed for development and adjacent lands. A sufficient buffer to allow for the interception of any additional material eroded as a result of the proposed development shall be provided.
34.5.4.4.1.9.1.7 Use natural topography. Where feasible, use hills and bluffs adjacent to Environmentally Sensitive Habitat Areas, to buffer these habitat areas. Where otherwise permitted, locate development on the sides of hills away from Environmentally Sensitive Habitat Areas. Include bluff faces in the buffer area.
34.5.4.4.1.9.1.8Required buffer areas shall be measured from the following points, and shall include historic locations of the subject habitat/species that are pertinent to the habitats associated with the STMP-LUP area, as applicable:
34.5.4.4.1.9.1.8.1The perimeter of the sand dune/permanently established terrestrial vegetation interface for dune-related ESHA.
34.5.4.4.1.9.1.8.2The upland edge of a wetland.
34.5.4.4.1.9.1.8.3The outer edge of the canopy of coastal sage or forests plus such additional area as may be necessary to account for underground root zone areas. All root zones shall be protected as part of the associated ESHA.
34.5.4.4.1.9.1.8.4The outer edge of the plants that comprise the rare plant community for rare plant community ESHA, including any areas of rare annual plants that have been identified in previous surveys and the likely area containing the dormant seed banks of rare plant species.
34.5.4.4.1.9.1.8.5The outer edge of any habitat used by mobile or difficult to survey sensitive species (such as ground nesting habitat or rare insects, seasonal upland refuges of certain amphibians, etc.) within or adjacent to the lands subject to the STMP-LUP based on the best available data.
34.5.4.4.1.9.1.86Where established public agency “protocols” exist for the survey of a particular species or habitat, the preparing biologist shall undertake the survey and subsequent analysis in accordance with the requirements of the protocol and shall be trained and credentialed by the pertinent agency to undertake the subject protocol survey. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4.5 STMP (Hazards) Standard 1. ¶
34.5.4.5.1 Sea Level Rise Analysis. Applications for development adjacent to the shore or that may be subject to the influence of sea level over the life of the project shall include an analysis of possible impacts from sea level rise. The analysis shall take into account the best available scientific information with respect to the effects of long-range sea level rise for all requisite geologic, geotechnical, hydrologic, and engineering investigations consistent with the best available science on sea-level rise for the Humboldt Bay region and the Coastal Commission’s adopted Sea Level Rise Policy Guidance document. Residential and commercial development at nearshore sites shall analyze potential coastal hazard sensitivities for a range of potential global sea level rise scenarios, from three to six (6) feet per century. The analysis shall also take into consideration regional sea level variability, localized uplift or subsidence, local topography, bathymetry and geologic conditions. A similar sensitivity analysis shall be performed for critical facilities, energy production and distribution infrastructure, and other development projects of major community significance. These hazard analyses shall be used to identify current and future site hazards, to help guide site design and hazard mitigation and to identify sea level thresholds after which limitations to the development’s design and siting would cause the improvements to become significantly less stable. For design purposes, development projects shall assume a minimum sea level rise of three and two tenths (3.2) feet per century and projects of major community-wide significance shall assume a minimum five and three tenths (5.3) feet per century. (Ord. 2466, 12/6/2011; Ord. ____, Section 1, 4/12/2016)
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34.1 S: DEVELOPMENT STANDARD COMBINING ZONE REGULATIONS ¶
34.1.1 Title and Purpose. The provisions of this section shall be known as the Development Standard Combining Zone Regulations. The Development Standard Combining Zone Regulations are intended to allow modification of the specific development standards in the principal zones to more precisely implement the General Plan. (Former Section CZ#A313-41(A))
34.1.2 Applicability. The County Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may include the “S” - “Development Standard Combining Zone” with any Principal Zone. By doing so, the Board of Supervisors may modify any or all of the following development standards: (Former Section CZ#A313-41(B))
34.1.2.1Minimum Lot Size
34.1.2.2Minimum Average Lot Size
34.1.2.3Minimum Lot Width
34.1.2.4Maximum Lot Depth
34.1.2.5Minimum Yard Setbacks
34.1.2.6Maximum Ground Coverage
34.1.2.7Maximum Building Height
34.1.2.8Permitted Principal Building Types
34.1.3 Limitations to Modifying Development Standards. Modifications of development standards are subject to the following limitations: (Former Section CZ#A313-41(C))
34.1.3.1Minimum Lot Size shall not be modified below five thousand (5,000) square feet. (Former Section CZ#A313-41(C)(1))
34.1.3.2Minimum Lot Width shall not be modified below fifty (50) feet. (Former Section CZ#A313-41(C)(2))
34.1.3.3Principal Zones may be modified to allow manufactured homes as a permitted building type only when the zoning district to be modified will include a minimum area of four (4) acres or four (4) city blocks. (Former Section CZ#A313-41(C)(3))
34.1.4 Map Designation. When combined with a principal zone, the Development Standard Combining Zone shall be designated on the adopted zoning maps by the designator “S,” except as provided herein. The “S” designator shall immediately follow the principal zone designator, or, where applicable, shall immediately follow the maximum density designator. The development standards that are modified shall also be represented on the adopted zoning maps in a table format in the order listed in this section. Arabic numerals shall be used in the table to specify all modified development standards, except for permitted principal building types. Permitted building types shall be represented by name in the table. Minimum Lot Size shall be represented by a number which represents thousands of square feet, followed by the lower case letter “s,” or by a number which represents numbers of acres, followed by the lower case letter “a,” whichever is appropriate. For example: RS7.5s would require a minimum lot size of seven thousand five hundred (7,500) square feet. (Former Section CZ#A313-41(D))
34.2 SM: MODIFIED BUILDING STANDARDS INCLUDING PROVISION FOR MANUFACTURED HOMES ¶
(See also Special Combining Zone “M”)
34.2.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designators shall be used as applicable: (Former Section CZ#A313-41(E))
34.2.1.1SM - where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section CZ#A313-41(E)(1))
34.2.1.2(See also, the subsection, Special Combining Zone “M”, where the development standards are modified for the sole purpose of allowing manufactured homes.) (Former Section CZ#A313-41(E)(2))
When the M designator is used, the permitted building type shall not be listed by name in the table format. (Former Section CZ#A31341(E))
34.3 SX: DEVELOPMENT STANDARDS WHICH ARE COMBINED WITH A PROHIBITION AGAINST FURTHER SUBDIVISION
(See also Special Combining Zone “X”)
34.3.1 Special Representation for Development Standards Where No Further Subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone as well as prohibit further subdivisions of any lots within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(F))
34.3.1.1SX - where development standards are modified in addition to prohibiting further subdivision. (Former Section CZ#A31341(F)(1))
34.3.1.2(See also, the subsection, Special Combining Zone “X”, where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone.) (Former Section CZ#A313-41(F)(2))
34.4 SY: DEVELOPMENT STANDARDS WHERE STANDARDS IN ADDITION TO MINIMUM LOT SIZE ARE… ¶
(See also Special Combining Zone “Y”)
34.4.1 Special Representation for Minimum Lot Size, where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(G))
34.4.1.1SY - where development standards in addition to the minimum lot size are modified. (Former Section CZ#A313-41(G)(1))
34.4.1.2SY (x) - where, on the zoning maps, “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate SY(x) parcel size designation shall be required. As necessary to maintain consistency with the General Plan, the lot size specification requirements shall be a part of the enforceable restrictions of the subdivision. (Former Section CZ#A313-41(G)(3))
34.4.1.3(See also, the subsection, Special Combining Zone “Y.”)
34.5 STMP: SAMOA TOWN PLAN STANDARDS ¶
34.5.1 Purpose. The purpose of these regulations is to provide for the comprehensive planning and orderly development of the community of Samoa.
34.5.2 Applicability. These regulations shall apply within the STMP-LUP, specifically to the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, APN 401-031-67, and APN 401-031-44, generally depicted on Exhibit 25.
34.5.3 Modifications Imposed by the STMP Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
Modifications Imposed by the STMP Regulations. These regulations shall be in addition to regulations imposed by the primary zone, development regulations, and other coastal resource special area regulations. Where a conflict arises between the regulations of the STMP Combining Zone and any other regulation of the zoning ordinance, the regulations of the STMP Combining Zone shall take precedence.
The land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUM-MAJ-01-08 shall not become effective unless and until the entirety of the legal parcel(s) containing APN 401-031-36, APN 401-031-38, APN 401-031-46, APN 401-031-55, APN 401-031-059, APN 401-031-65, and APN 401-031-44, generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMP-LUP”) Overlay Area, excluding APN 401-031-67 which contains the Samoa Processing Center (recycling facility) (Master Parcel 1), are merged and re-subdivided by parcel map into one two (2) master parcels generally depicted on Exhibit 25A. The two resulting parcels shall comprise (1) Master Parcel 2: the combined Public Facilities (PF) area for wastewater treatment and disposal, the Vance Avenue right of way, and the Residential Medium Density (RM) area; and (2) Master Parcel 3: all other STMP lands excluding Master Parcel 1 containing the Samoa Processing Center. If all such property is not merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the entirety of the area generally depicted on Exhibit 25A and described as the Samoa Town Master Plan Land Use Plan (“STMPLUP”) Overlay Area will remain designated as General Industrial, Coastal Dependent Industrial and Natural Resources. If all such property is merged and re-subdivided by parcel map into Master Parcels 2 and 3 generally depicted on Exhibit 25A, the land use designations and zoning approved by the Commission with suggested modifications in its action on Humboldt County LCPA HUMMAJ-01-08 shall become effective upon both: (a) issuance of the coastal development permit for the merger and re-subdivision by parcel map consistent with the certified LCP and (b) recordation of a parcel map consistent with the coastal development permit. Recordation of a parcel map is required and shall not be waived. If a legal lot containing any APN generally depicted on Exhibit 25A straddles the STMP-LUP boundaries generally depicted on Exhibit 25A, the portion of the legal lot containing the APN outside the STMP Overlay Area boundary shall be included within the merger and re-subdivision by parcel map and become part of the immediately adjacent master parcel generally depicted on Exhibit 25A. If the land use designations and zoning approved by the Commission with suggested modification in its action on Humboldt County LCPA HUM-MAJ-01-08 become effective, the Principal Permitted Use of any area subject to the STMP-LUP shall be determined in accordance with the designated Land Uses and in the patterns and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
and locations generally shown on the certified STMP Land Use Map. No minimum or maximum number of lots shall be determined or authorized until or unless a coastal development permit for the comprehensive division of Master Parcel 3 has been approved and issued consistent with all applicable provisions of the certified LCP, including the STMP-LUP. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4 STMP Development Findings. Coastal development permit approvals for development within the lands subject to the STMP shall only be authorized if the following requirements are met, in addition to any other applicable requirements of the certified Local Coastal Program. Development within the STMP may only be authorized if the decision-making authority adopts specific findings of consistency with the following numbered regulations and provisions and all other applicable requirements of the certified LCP.
34.5.4.1 STMP (New Development) Standard 1. ¶
34.5.4.1.1New development authorized within the STMP-LUP including restoration of existing structures shall incorporate the best available practices for the protection of coastal waters. To achieve these standards, the applicant shall provide supplemental information as a filing requirement of any coastal development permit application for development within the area subject to the STMP, and the pertinent decision-makers shall adopt specific findings and attach conditions requiring the incorporation of, and compliance with, these water quality protection measures in approving coastal development permits for subdivision or further development of the lands subject to the standards of the STMP.
34.5.4.1.1.1 Construction pollution control plan. A construction-phase erosion, sedimentation, and polluted runoff control plan (“construction pollution control plan”) shall specify interim best management practices (BMPs) that will be implemented to minimize erosion and sedimentation during construction, and prevent contamination of runoff by construction chemicals and materials, to the maximum extent practicable. The construction pollution control plan shall demonstrate that:
34.5.4.1.1.1.1During construction, development shall minimize site runoff and erosion through the use of temporary BMPs (including, but not limited to, soil stabilization measures), and shall eliminate the discharge of sediment and other stormwater pollution resulting from construction activities (e.g., chemicals, vehicle fluids, asphalt and cement compounds, and debris), to the extent feasible.
34.5.4.1.1.1.2Land disturbance activities during construction (e.g., clearing, grading, and cut-and-fill) shall be minimized, to the extent feasible, to avoid increased erosion and sedimentation. Soil compaction due to construction activities shall be minimized, to the extent feasible, to retain the natural stormwater infiltration capacity of the soil.
34.5.4.1.1.1.3Construction shall minimize the disturbance of natural vegetation (including significant trees, native vegetation, and root structures), which is important for preventing erosion and sedimentation.
34.5.4.1.1.1.4Development shall implement soil stabilization BMPs, including but not limited to re-vegetation, on graded or disturbed areas as soon as feasible.
34.5.4.1.1.1.5Grading operations shall not be conducted during the rainy season (from October 1 to April 15), except in response to emergencies, unless the County determines that soil conditions at the project site are suitable, the likelihood of significant precipitation is low during the period of extension, (not to exceed one week at a time), and adequate erosion and sedimentation control measures will be in place during all grading operations.
34.5.4.1.1.1.6The construction pollution control plan shall be submitted with the final construction drawings. The plan shall include, at a minimum, a narrative report describing all temporary polluted runoff, sedimentation, and erosion control measures to be implemented during construction, including:
34.5.4.1.1.1.6.1Controls to be implemented on the amount and timing of grading.
34.5.4.1.1.1.6.2BMPs to be implemented for staging, storage, and disposal of excavated materials.
34.5.4.1.1.1.6.3Design specifications for structural treatment control BMPs, such as sedimentation basins.
34.5.4.1.1.1.6.4Re-vegetation or landscaping plans for graded or disturbed areas.
34.5.4.1.1.1.6.5Other soil stabilization BMPs to be implemented.
34.5.4.1.1.1.6.6Methods to infiltrate or treat stormwater prior to conveyance off-site during construction.
34.5.4.1.1.1.6.7Methods to eliminate or reduce the discharge of other stormwater pollutants resulting from construction activities (including but not limited to paints, solvents, vehicle fluids, asphalt and cement compounds, and debris) into stormwater runoff.
34.5.4.1.1.1.6.8BMPs to be implemented for staging, storage, and disposal of construction chemicals and materials.
34.5.4.1.1.1.6.9Proposed methods for minimizing land disturbance activities, soil compaction, and disturbance of natural vegetation.
34.5.4.1.1.1.6.10A site plan showing the location of all temporary erosion control measures.
34.5.4.1.1.1.6.11A schedule for installation and removal of the temporary erosion control measures.
34.5.4.1.1.2 Post-Construction Stormwater Plan. A plan to control post-construction stormwater runoff flows, and maintain or improve water quality (“post-construction stormwater plan”) shall specify site design, source control, and if necessary, treatment control BMPs that will be implemented to minimize stormwater pollution and minimize or eliminate increases in stormwater runoff volume and rate from the development after construction. The post-construction stormwater plan shall demonstrate that:
34.5.4.1.1.2.1Following construction, erosion on the site shall be controlled to avoid adverse impacts on adjacent properties and resources.
34.5.4.1.1.2.2Permanent erosion control measures shall be installed, as may be needed, depending upon the intensity of development proposed and the sensitivity of receiving waters.
34.5.4.1.1.2.3Runoff from the project shall not increase sedimentation in receiving waters.
34.5.4.1.1.2.4On-site filtering, grease, and/or sediment trapping systems shall be installed, as needed, to capture any pollutants contained in the runoff.
34.5.4.1.1.2.5Permanent runoff/drainage control improvements, such as subsurface drainage interception, energy dissipaters, recovery/reuse cisterns, detention/retention impoundments, etc. shall be installed, as needed, at the point of discharge.
34.5.4.1.1.2.6In the application and initial planning process, the applicant shall submit a preliminary post-construction stormwater plan, and prior to issuance of a building permit the applicant shall submit a final post-construction stormwater plan for approval by the County. The plan shall include, at a minimum, the following components:
34.5.4.1.1.2.6.1Proposed site design and source control BMPs that will be implemented to minimize post-construction polluted runoff.
34.5.4.1.1.2.6.2Proposed drainage improvements (including locations of infiltration basins, and diversions/ conveyances for upstream runoff).
34.5.4.1.1.2.6.3Measures to maximize on-site retention and infiltration (including directing rooftop runoff to permeable areas rather than to driveways).
34.5.4.1.1.2.6.4Measures to maximize, to the extent practicable, the percentage of permeable surfaces, and to limit the percentage of directly connected impervious areas, to increase infiltration of runoff.
34.5.4.1.1.2.6.5Methods to convey runoff from impervious surfaces into permeable areas of the property in a non-erosive manner.
34.5.4.1.1.2.6.6A site plan showing the location of all permanent erosion control measures.
34.5.4.1.1.2.6.7A schedule for installation and maintenance of the permanent erosion control measures.
34.5.4.1.1.2.6.8A schedule for installation and maintenance of the sediment and debris filtration, grease and/or sediment trap, etc., as warranted for the type of development and site.
34.5.4.1.1.2.6.9A site plan showing finished grades in one-foot contour intervals and associated drainage improvements.
34.5.4.1.1.3 Site design using low impact development techniques. The post-construction stormwater plan shall demonstrate the preferential consideration of low impact development (LID) techniques in order to minimize stormwater quality and quantity impacts from development. LID is a development site design strategy with a goal of maintaining or reproducing the site’s pre-development hydrologic functions of storage, infiltration, and groundwater recharge, as well as the volume and rate of stormwater discharges. LID strategies use small-scale integrated and distributed management practices, including minimizing impervious surfaces, infiltrating stormwater close to its source, and preservation of permeable soils and native vegetation. LID techniques to consider include, but are not limited to, the following:
34.5.4.1.1.3.1Development shall be sited and designed to preserve the infiltration, purification, detention, and retention functions of natural drainage systems that exist on the site, to the maximum extent practicable. Drainage shall be conveyed from the developed area of the site in a non-erosive manner.
34.5.4.1.1.3.2Development shall minimize the creation of impervious surfaces (including pavement, sidewalks, driveways, patios, parking areas, streets, and roof-tops), especially directly connected impervious areas, to the maximum extent practicable. Directly connected impervious areas include areas covered by a building, impermeable pavement, and/or other impervious surfaces, which drain directly into the storm drain system without first flowing across permeable land areas (e.g., lawns).
nt, sidewalks, driveways, patios, parking areas, streets, and roof-tops), especially directly connected impervious areas, to the maximum extent practicable. Directly connected impervious areas include areas covered by a building, impermeable pavement, and/or other impervious surfaces, which drain directly into the storm drain system without first flowing across permeable land areas (e.g., lawns).
34.5.4.1.1.3.3Development shall maintain or enhance, where appropriate and feasible, on-site infiltration of stormwater runoff, in order to preserve natural hydrologic conditions, recharge groundwater, attenuate runoff flow, and minimize transport of pollutants. Alternative management practices shall be substituted where the review authority has determined that infiltration BMPs may result in adverse impacts, including but not limited to where saturated soils may lead to geologic instability, where infiltration may contribute to flooding, or where regulations to protect groundwater may be violated.
34.5.4.1.1.3.4Development that creates new impervious surfaces shall divert stormwater runoff flowing from these surfaces into permeable areas in order to maintain, or enhance where appropriate and feasible, on-site stormwater infiltration capacity.
34.5.4.1.1.3.5To enhance stormwater infiltration capacity, development applicants shall use permeable pavement materials and techniques (e.g., paving blocks, porous asphalt, permeable concrete, and reinforced grass or gravel), where appropriate and feasible.
Permeable pavements shall be designed so that stormwater infiltrates into the underlying soil, to enhance groundwater recharge and provide filtration of pollutants.
34.5.4.1.1.4 Water quality and hydrology plan for developments of water quality concern. In addition to the information to be provided in the post-construction stormwater plan, applicants for “developments of water quality concern,” shall submit a water quality and hydrology plan and be subject to the additional requirements listed below.
34.5.4.1.1.4.1“Developments of water quality concern” include the following:
34.5.4.1.1.4.1.1Housing developments of five (5) or more dwelling units, including but not limited to residential subdivisions.
34.5.4.1.1.4.1.2Hillside developments on slopes greater than 20 percent, located in areas with highly erodible soil, such as soils deposited in association with dune formation.
34.5.4.1.1.4.1.3Developments that will cumulatively result in the creation, addition, or replacement of one acre or more of impervious surface area.
34.5.4.1.1.4.1.4Parking lots with ten thousand (10,000) square feet or more of impervious surface area, potentially exposed to stormwater runoff, or where, combined with adjacent structures, will cumulatively exceed ten thousand (10,000) square feet.
34.5.4.1.1.4.1.5Vehicle service facilities, including retail gasoline outlets, commercial car washes, and vehicle repair facilities, with ten thousand (10,000) square feet or more of impervious surface area.
34.5.4.1.1.4.1.6Business or Industrial parks, or other commercial or recreational development with ten thousand (10,000) square feet or more of impervious surface area, including associated parking.
34.5.4.1.1.4.1.7Commercial, recreational or industrial outdoor storage areas of five thousand (5,000) square feet or more, or as determined by the County based on the use of the storage area, where used for storage of materials that may contribute pollutants to the storm drain system or coastal waters.
34.5.4.1.1.4.1.8Business, industrial, commercial, agricultural, or recreational developments of any size that utilize chemicals that may contribute pollutants to the storm drain system that would adversely affect the functioning of the vegetated filtration fields associated with the waste water treatment plant.
34.5.4.1.1.4.1.9Streets, roads, bus stops, and adjacent bicycle lanes and sidewalks cumulatively equaling ten thousand (10,000) feet or more of impervious surface area, but not including Class I (stand-alone) pedestrian pathways, trails, and off-street bicycle lanes.
34.5.4.1.1.4.1.10All developments entailing the creation, addition, or replacement of 5,000 square feet or more of impervious surface area, located within two hundred (200) feet of the ocean or a coastal water body (including estuaries, wetlands, rivers, streams, and lakes), or that discharge directly to the ocean or a water body (i.e., outflow from the drainage conveyance system is composed entirely of flows from the subject development or redevelopment site, and not commingled with flows from adjacent lands.)
34.5.4.1.1.4.2Additional Requirements for developments of water quality concern:
34.5.4.1.1.4.2.1Water quality and hydrology plan. The applicant for a development of water quality concern shall be required to submit a water quality & hydrology plan (WQHP), prepared by a California licensed civil engineer or landscape architect, which supplements the post-construction stormwater plan. The WQHP shall include calculations, per County standards, that estimate increases in pollutant loads and changes in stormwater runoff hydrology (i.e., volume and flow rate) resulting from the proposed development, and shall specify the BMPs that will be implemented to minimize post-construction water quality and hydrologic impacts. The WQHP shall also include operation and maintenance plans for post-construction treatment control BMPs. In the application and initial planning process, the applicant shall be required to submit for approval a preliminary WQHP, and prior to issuance of a building permit the applicant shall submit a final WQHP for approval by the County Engineer.
onstruction water quality and hydrologic impacts. The WQHP shall also include operation and maintenance plans for post-construction treatment control BMPs. In the application and initial planning process, the applicant shall be required to submit for approval a preliminary WQHP, and prior to issuance of a building permit the applicant shall submit a final WQHP for approval by the County Engineer.
34.5.4.1.1.4.2.2Selection of structural treatment control BMPs. If the County determines that the combination of site design and source control BMPs is not sufficient to protect water quality and coastal waters, a structural treatment control BMP (or suite of BMPs) shall also be required. developments of water quality concern are presumed to require treatment control BMPs to meet the requirements of the coastal land use plan and state and federal water quality laws, unless the water quality & hydrology plan demonstrates otherwise.
The water quality & hydrology plan for a development of water quality concern shall describe the selection of treatment controls BMPs. Applicants shall first consider the treatment control BMP, or combination of BMPs, that is most effective at removing the pollutant(s) of concern, or provide a justification if that BMP is determined to be infeasible.
34.5.4.1.1.4.2.385th percentile design standard for treatment control BMPs. For post-construction treatment of stormwater runoff in developments of water quality concern, treatment control BMPs (or suites of BMPs) shall be sized and designed to treat, infiltrate, or filter the amount of stormwater runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of 2 or greater) for flowbased BMPs.
34.5.4.1.1.4.2.4Maintain pre-development hydrograph. In developments of water quality concern where changes in stormwater runoff hydrology (i.e., volume and flow rate) may result in increased potential for stream bank erosion, downstream flooding, or other adverse habitat impacts, hydrologic control measures (e.g., stormwater infiltration, detention, harvest and re-use, and landscape evapotranspiration) shall be implemented in order to ensure that the pre- and post-project runoff hydrographs match within 10% for a two-year return frequency storm.
34.5.4.1.1.4.3 Content. The water quality and hydrology plan shall contain the following:
34.5.4.1.1.4.3.1Site design, source control, and treatment control BMPs that will be implemented to minimize post-construction water quality and hydrologic impacts.
34.5.4.1.1.4.3.2All of the information required in sub-section A for the post-construction stormwater plan.
34.5.4.1.1.4.3.3Pre-development stormwater runoff hydrology (i.e., volume and flow rate) from the site.
34.5.4.1.1.4.3.4Expected post-development stormwater runoff hydrology (i.e., volume and flow rate) from the site, with all proposed non-structural and structural BMPs in place.
34.5.4.1.1.4.3.5Measures to infiltrate or treat runoff from impervious surfaces (including roads, driveways, parking structures, building pads, roofs, and patios) on the site, and to discharge the runoff in a manner that avoids potential adverse impacts. Such measures may include, but are not limited to, structural treatment control BMPs including biofilters, grassy swales, on-site de-silting basins, detention ponds, or dry wells.
34.5.4.1.1.4.3.6A description of how the BMPs (or suites of BMPs) have been designed to infiltrate and/or treat the amount of storm water runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume-based BMPs, and/or the 85th percentile, one-hour storm event (with an appropriate safety factor of two (2) or greater) for flow-based BMPs.
34.5.4.1.1.4.3.7Appropriate structural post-construction Treatment Control BMPs selected to remove the specific runoff pollutants generated by the development, using processes such as gravity settling, filtration, biological uptake, media adsorption, or any other physical, chemical, or biological process.
34.5.4.1.1.4.3.8A long-term plan and schedule for the monitoring and maintenance of all structural Treatment Control BMPs. All structural BMPs shall be inspected, cleaned, and repaired as necessary to ensure their effective operation for the life of the development. Owners of these devices shall be responsible for ensuring that they continue to function properly, and additional inspections should occur after storms as needed throughout the rainy season. Repairs, modifications, or installation of additional BMPs, as needed, shall be carried out prior to the next rainy season.
34.5.4.1.1.5 Best management practices (BMPs); selection and incorporation. ¶
34.5.4.1.1.5.1All development shall incorporate effective site design and long-term post-construction source control BMPs, as necessary to minimize adverse impacts to water quality and coastal waters resulting from the development, to the maximum extent practicable. BMPs that protect post-construction water quality and minimize increases in runoff volume and rate shall be incorporated as necessary in the project design of developments in the following order of priority:
34.5.4.1.1.5.1.1Site design BMPs: Project design features that reduce the creation or severity of potential pollutant sources, or reduce the alteration of the project site’s natural stormwater flow regime. Examples are minimizing impervious surfaces, preserving native vegetation, and minimizing grading.
34.5.4.1.1.5.1.2Source control BMPs: Methods that reduce potential pollutants at their sources and/or avoid entrainment of pollutants in runoff, including schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or operational practices. Examples are covering outdoor storage areas, use of efficient irrigation, and minimizing the use of landscaping chemicals.
34.5.4.1.1.5.1.3Treatment control BMPs: Systems designed to remove pollutants from stormwater, by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption, or any other physical, biological, or chemical process. Examples are vegetated swales, detention basins, and storm drain inlet filters.
34.5.4.1.1.5.2The selection of BMPs shall be guided by the California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks dated January 2003 (or the current edition), or an equivalent BMP manual that describes the type, location, size, implementation, and maintenance of BMPs suitable to address the pollutants generated by the development and specific to a climate similar to Humboldt County’s. Caltrans' 2007 “Storm Water Quality Handbook: Project Planning and Design Guide” (or the current edition) may also be used to guide design of construction-phase BMPs. Additional guidance on BMPs is available from the state water resources and water quality boards, the U.S. Environmental Protection Agency, regional entities such as the Bay Area Stormwater Management Agencies Association’s (BASMAA) “Start at the Source: Design Guidance Manual for Stormwater Quality Protection,” and/or as may be developed from time to time with technological advances in water quality treatment.
34.5.4.1.1.5.3Where BMPs, are required, BMPs shall be selected that have been shown to be effective in reducing the pollutants typically generated by the proposed land use. The strategy for selection of appropriate BMPs to protect water quality and coastal
waters shall be guided by Tables 21-55B-1 through -3, below, or equivalent tables which list pollutants of concern and appropriate BMPs for each type of development or land use. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4.2 STMP (New Development) Standard 2. ¶
34.5.4.2.1Remediation of contamination, including contaminated soils or residual lead paint on structural surfaces, and/or reinforcement/replacement of the foundations of aging structures associated with the “company town” of Samoa shall be undertaken with special care to preserve the structural integrity and authentic period details (such as original woodwork, windows, and millwork) of the structures, in accordance with the following additional requirements:
34.5.4.2.1.1Proposals for remediation shall clearly indicate the removal methods that will be used for the soil, groundwater, and the existing structures in the coastal development permit application submitted to the reviewing authority for each project. In addition, such proposals shall include a Standard Operating Procedure for safe implementation of removal methods that will be used on or near the existing structures, and the Standard Operating Procedure shall be incorporated into each applicable removal contract and which shall clearly state the manner in which release of contaminants to the environment will be prevented;
34.5.4.2.1.2A coastal development permit application for such work shall include a survey of each existing structure (a “Building Survey”) included in the proposed project or within a 25-foot radius of the proposed project. The Building Survey document shall include at a minimum: a section and plan of the proposed site including existing structures and if a soil removal is proposed – a section and plan prepared by a California-licensed professional civil engineer (“civil engineer”) indicating the excavation limits (depth and distance from existing structures), elevation drawings (each façade) of all existing buildings within the proposed project area and the project radius, an evaluation of the structural integrity of each existing structure (including the foundation, exterior walls, and all attached structures such as porches and decks), photographs to support the findings, a description of any prior site disturbance as the result of past remedial actions or naturally occurring earth movement, and provide a written report of the survey conclusions, including recommendations to ensure that the structure remains stable throughout the proposed removal work as well as postremediation. In addition, the civil engineer shall clearly determine whether the existing foundation of each structure will adequately support the building throughout the removal of hazardous materials or if a new foundation is recommended.
en report of the survey conclusions, including recommendations to ensure that the structure remains stable throughout the proposed removal work as well as postremediation. In addition, the civil engineer shall clearly determine whether the existing foundation of each structure will adequately support the building throughout the removal of hazardous materials or if a new foundation is recommended.
34.5.4.2.1.3In the event that a new foundation is recommended by the civil engineer pursuant to Subparagraph 2 above, the civil engineer shall propose an appropriate foundation which meets current California State building standards. The reviewing authority shall require that the new foundation be installed in accordance with the civil engineer’s recommendations prior to any site disturbance that the civil engineer indicates could compromise the stability of an existing structure. The civil engineer shall provide a post-remediation survey of each historic structure and warrant the continued stability of the structure in a final report submitted to the reviewing authority, including documentation that the recommendations of the civil engineer have been fully implemented, including the construction of the new foundations where such recommendation has been identified. Should unanticipated de-stabilization of any existing structure occur during remedial activities, site disturbance shall be halted, the structure temporarily stabilized, and a civil engineering analysis and recommendations to stabilize the structure permanently shall be obtained by the reviewing authority and implemented before remediation or other site disturbance resumes. All civil engineering analyses and reports pertaining to these requirements shall be collected and preserved by the reviewing authority and retained in permanent public files. All survey and civil engineering work performed in accordance with these requirements shall be undertaken by a California State-licensed registered professional civil engineer.
34.5.4.3 STMP (New Development) Standard 3. ¶
34.5.4.1Existing structures associated with the historic town shall be restored and maintained in a manner that protects the historic character, period details, and authentic original materials of the original structures. Replacement of period details and features with new materials or methods designed to achieve energy conservation shall not be undertaken in a manner that would replace or distract from the existing period details such as original wood-framed windows and hand-turned wooden decorative details evident in many of the existing Samoa “company town” structures.
34.5.4.4 STMP (Wetlands/ESHA) Standard 1. ¶
34.5.4.4.1The biological report required by STMP (Wetlands/ESHA) Policy 11 shall include, but is not limited to, the following:
34.5.4.4.1.1A study identifying biological resources existing on the site, and the historical extent of the resources as identified in previous reports, surveys, delineations, maps, or publications, disclosing the history, ecology and habitat requirements of the relevant resources, such as plants and wildlife, in sufficient detail to permit a review of functional relationships, their potential for restoration, the potential location of dormant seedbanks of rare (particularly annual) plants, habitat (including non-native species such as individual trees or groves that provide habitat architecture and other resources for birds or other species, or wetlands that may be used by amphibians during specific lifecycle stages) that may be used during specific lifecycle stages or seasonally by migratory species for roosting, breeding or feeding during specific seasonal windows, and present and potential adverse physical and biological impacts on the identified biological resources or on the associated ecosystem, either individually or cumulatively;
34.5.4.4.1.2An identification of “fully protected” species and/or “species of special concern,” and an identification of any other species of rarity, including plants designated “List 1B” or “List 2” by the California Native Plant Society, that are present or have the potential to occur on the project site;
34.5.4.4.1.3Photographs of the site labeled with orientation noted on pertinent maps;
34.5.4.4.1.4A discussion of the physical characteristics of the site including, but not limited to, topography, soil types, microclimate, and migration corridors;
34.5.4.4.1.5A site map depicting the location of biological resources, both current and historical. The resources shall be shown within the context of a topographic based map that shall be at a scale sufficiently large to permit clear and accurate depiction of the extent of sensitive resources identified through appropriate field investigations and where pertinent, protocol surveys for sensitive species, vegetation associations and soil types in relation to any and all proposed development (minimum 1:2,400) and other information, such as the locations of specific trees, habitat boundaries, etc. discussed in the text of the subject biological report. Contour intervals shall be five (5) feet, and the map should contain a north arrow, graphic bar scale, and a citation for the source of the base map (including the date).
34.5.4.4.1.6An analysis of the potential impacts of the proposed development on the identified habitat or species;
34.5.4.4.1.7An analysis of any unauthorized development, including grading or vegetation removal that may have contributed to the degradation or elimination of habitat area or species that would otherwise be present on the site in a healthy condition (note: vegetation or other resources previously surveyed as present but absent at the time of preparation of the subject biological report shall be explained, and if no reasonable ecological basis for the change exists, the County shall presume that unauthorized disturbance of the pertinent resources may have occurred and shall investigate and respond to this information accordingly and the results of the pertinent investigation shall be presented to the pertinent decision-makers. Development of areas subject to prior unauthorized disturbance shall not be authorized until or unless resolution of the potential violation has been achieved.);
34.5.4.4.1.8Project alternatives, including project modifications and off-site options designed to avoid and minimize impacts to identified habitat or species;
34.5.4.4.1.9A buffer adequacy analysis consistent with the requirements of STMP (Wetland/ESHA) Policy 4 where an ESHA buffer of less than one hundred (100) feet is proposed. The buffer adequacy analysis shall at a minimum include the following:
34.5.4.4.1.9.1 Biological significance of adjacent lands. The functional relationships among nearby habitat types and areas. Functional relationships may exist if species associated with such areas spend a significant portion of their life cycle on adjacent lands. The degree of significance depends upon the habitat requirements of the species in the habitat area (e.g., nesting, feeding, breeding, or resting). Where a significant functional relationship exists, the land supporting this relationship shall also be considered to be part of the ESHA, and the buffer zone shall be measured from the edge of these lands and be sufficiently wide to protect these functional relationships. Where no significant functional relationships exist, the buffer shall be measured from the edge of the ESHA that is adjacent to the proposed development.
34.5.4.4.1.9.1.2 Sensitivity of species to disturbance. The width of the buffer zone shall be based, in part, on the distance necessary to ensure that the most sensitive species of plants and animals will not be disturbed significantly by the permitted development. Such a determination shall be based on the following after consultation with biologists of the Department of Fish and Game, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Coastal Commission or others with similar expertise:
34.5.4.4.1.9.1.3Nesting, feeding, breeding, resting, or other habitat requirements of both resident and migratory fish and wildlife species, which may include reliance on non-native species, including trees that provide roosting, feeding, or nesting habitat;
34.5.4.4.1.9.1.4An assessment of the short-term and long-term adaptability of various species to human disturbance;
34.5.4.4.1.9.1.5An assessment of the impact and activity levels of the proposed development on the resource.
34.5.4.4.1.9.1.6 Erosion susceptibility. The width of the buffer shall be based, in part, on an assessment of the slope, soils, impervious surface coverage, runoff characteristics, erosion potential, and vegetative cover of the parcel proposed for development and adjacent lands. A sufficient buffer to allow for the interception of any additional material eroded as a result of the proposed development shall be provided.
34.5.4.4.1.9.1.7 Use natural topography. Where feasible, use hills and bluffs adjacent to Environmentally Sensitive Habitat Areas, to buffer these habitat areas. Where otherwise permitted, locate development on the sides of hills away from Environmentally Sensitive Habitat Areas. Include bluff faces in the buffer area.
34.5.4.4.1.9.1.8Required buffer areas shall be measured from the following points, and shall include historic locations of the subject habitat/species that are pertinent to the habitats associated with the STMP-LUP area, as applicable:
34.5.4.4.1.9.1.8.1The perimeter of the sand dune/permanently established terrestrial vegetation interface for dune-related ESHA.
34.5.4.4.1.9.1.8.2The upland edge of a wetland.
34.5.4.4.1.9.1.8.3The outer edge of the canopy of coastal sage or forests plus such additional area as may be necessary to account for underground root zone areas. All root zones shall be protected as part of the associated ESHA.
34.5.4.4.1.9.1.8.4The outer edge of the plants that comprise the rare plant community for rare plant community ESHA, including any areas of rare annual plants that have been identified in previous surveys and the likely area containing the dormant seed banks of rare plant species.
34.5.4.4.1.9.1.8.5The outer edge of any habitat used by mobile or difficult to survey sensitive species (such as ground nesting habitat or rare insects, seasonal upland refuges of certain amphibians, etc.) within or adjacent to the lands subject to the STMP-LUP based on the best available data.
34.5.4.4.1.9.1.86Where established public agency “protocols” exist for the survey of a particular species or habitat, the preparing biologist shall undertake the survey and subsequent analysis in accordance with the requirements of the protocol and shall be trained and credentialed by the pertinent agency to undertake the subject protocol survey. (Ord. 2466, 12/6/2011; Ord. 2549, § 1, 4/26/2016)
34.5.4.5 STMP (Hazards) Standard 1. ¶
34.5.4.5.1 Sea Level Rise Analysis. Applications for development adjacent to the shore or that may be subject to the influence of sea level over the life of the project shall include an analysis of possible impacts from sea level rise. The analysis shall take into account the best available scientific information with respect to the effects of long-range sea level rise for all requisite geologic, geotechnical, hydrologic, and engineering investigations consistent with the best available science on sea-level rise for the Humboldt Bay region and the Coastal Commission’s adopted Sea Level Rise Policy Guidance document. Residential and commercial development at nearshore sites shall analyze potential coastal hazard sensitivities for a range of potential global sea level rise scenarios, from three to six (6) feet per century. The analysis shall also take into consideration regional sea level variability, localized uplift or subsidence, local topography, bathymetry and geologic conditions. A similar sensitivity analysis shall be performed for critical facilities, energy production and distribution infrastructure, and other development projects of major community significance. These hazard analyses shall be used to identify current and future site hazards, to help guide site design and hazard mitigation and to identify sea level thresholds after which limitations to the development’s design and siting would cause the improvements to become significantly less stable. For design purposes, development projects shall assume a minimum sea level rise of three and two tenths (3.2) feet per century and projects of major community-wide significance shall assume a minimum five and three tenths (5.3) feet per century. (Ord. 2466, 12/6/2011; Ord. ____, Section 1, 4/12/2016)
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35.1 T: TRANSITIONAL AGRICULTURAL LANDS ¶
35.1.1 Purpose. The purpose of these regulations is to permit agricultural use as a principal permitted use while providing that development in transitional agricultural lands is conducted in such a manner as to maintain long-term wetland habitat values and minimize short-term habitat degradation within these environmentally sensitive habitat areas. (Former Section CZ#A314-64(A))
35.1.2 Applicability. These regulations shall apply to land containing transitional agricultural land designated “T” on the Zoning Maps, and to unmapped areas as defined in this Chapter, Section C: Index of Definitions of Language and Legal Terms. These regulations shall not apply to lands designated “W” - “Wetland,” which are subject to the Wetland Area Combining Zone Regulations set forth in this chapter. (Former Section CZ#A314-64(B))
35.1.3 Determination of Transitional Agricultural Land Boundary. The following criteria shall be used to determine the upland boundary of transitional agricultural land: (Former Section CZ#A314-64(C)(1))
35.1.3.1Either the boundary of a clearly defined slough which is periodically covered with standing water; or (Former Section CZ#A314-64(C)(1)(a))
35.1.3.2The boundary of the area which would be below tidal elevations (plus five (+5) feet) above mean sea level) if tidegates, dikes, or other drainage works were not in place; or (Former Section CZ#A314-64(C)(1)(b))
35.1.3.3As determined pursuant to the requirements of the Transitional Agricultural Land Boundary Adjustment of this section (see subsection 313-35.1.4). (Former Section CZ#A314-64(C)(1)(c))
35.1.4 Transitional Agricultural Land Boundary Adjustment Requests. ¶
35.1.4.1If any party claims that lands (or portions of lands) below the plus five (+5) foot elevation (above mean sea level) are not Transitional Agricultural Lands, the burden of proof thereof rests upon said party. (Former Section CZ#A314-64(D)(1))
35.1.4.2If any party claims that lands (or portions of lands) above the plus five (+5) foot elevation (above mean sea level) are Transitional Agricultural Lands, the burden of proof thereof rests upon said party. (Former Section CZ#A314-64(D)(2))
35.1.4.3In any dispute under subsections 35.1.4.1 or 35.1.4.2, the factors to be considered shall include but not be limited to a review and analysis of the boundary of the wetland prior to alteration for agricultural use, as indicated by soils maps, elevation, or historic information, including maps and photographs. (Former Section CZ#A314-64(D)(3))
35.1.5 Areas Excluded from Transitional Agricultural Lands. Notwithstanding the Determinations of Transitional Agricultural Land Boundary or the Transitional Agricultural Land Boundary Adjustment Regulations (see Sections 35.1.3 and 35.1.4), any areas with drained or filled hydric soils that are no longer capable of supporting a predominance of hydrophytes shall not be considered transitional agricultural lands and such areas are exempt from the requirements of this section. (Former Section CZ#A314-64(E))
35.1.6 Transitional Agricultural Land Boundary Disputes or Uncertainties. Any dispute or uncertainty regarding the precise locations of boundaries of the Transitional Agricultural Land designation shall be resolved in accordance with the Procedure for Boundary Adjustment of Sensitive Habitat Areas. (Former Section CZ#A314-64(F))
35.1.7 Modifications Imposed by the Transitional Agricultural Land Regulations. The provisions of the Transitional Agricultural Land Regulations shall be in addition to regulations imposed by the Principal Zones, Development Regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation most protective of wetland resources shall apply. (Former Section CZ#A314-64(G))
35.1.8 Consultation with Agencies. In reviewing applications for new agricultural development within Transitional Agricultural Land, the County shall cooperate closely with the Coastal Commission, the Department of Fish and Game, Agricultural Stabilization and Soil Conservation Service, Agricultural Extension, and farm organizations. Agencies commenting on proposed development within Transitional Agricultural Lands shall be requested to respond to the Planning Division within ten (10) working days of the receipt of the notice. (Former Section CZ#A314-64(H))
35.1.9 Permitted Diking and Filling. ¶
35.1.9.1Principal permitted uses in the AE Agricultural Exclusive Zone. (Former Section CZ#A314-64(I)(1))
35.1.9.2 Construction of spillways and modification and repair of existing dikes threatened by erosion. Modification of dikes includes minor relocation where, for example, a river changes course necessitating relocation of the dike landward or seaward, provided however, that there is no significant increase in gross acreage under cultivation. (Former Section CZ#A314-64(I)(2))
35.1.9.3Oil and gas wells, subject to the Oil and Gas Drilling and Processing Regulations. (Former Section CZ#A314-64(I)(3))
35.1.9.4Incidental public service purposes. (Former Section CZ#A314-64(I)(4))
35.1.9.5Wetland restoration. (Former Section CZ#A314-64(I)(5))
35.1.10 Permitted Dredging. Dredging in Transitional Agricultural land shall be limited to: (Former Section CZ#A314-64(J))
35.1.10.1Pipelines, transmission lines and incidental public service purposes; (Former Section CZ#A314-64(J)(1))
35.1.10.2Maintenance or replacement of levees, roads, fences, dikes, drainage channels, floodgates, and tide gates; (Former Section CZ#A314-64(J)(2))
35.1.10.3Maintenance dredging for flood control and drainage purposes; and (Former Section CZ#A314-64(J)(3))
35.1.10.4Wetlands, fishery and wildlife enhancement, and restoration projects. (Former Section CZ#A314-64(J)(4))
35.1.11 Land Divisions. Notwithstanding the provisions of this Code’s Land Division Regulations to the contrary, no division of Transitional Agricultural Lands shall be permitted which would create a new parcel of less than sixty acres (60a) if the parcel created will consist entirely of designated Transitional Agricultural Lands, except where the division is necessary for a wetland restoration project. (Former Section CZ#A314-64(K))
35.1.12 Findings Required. Prior to approval of new development within Transitional Agricultural Lands, the applicable Resource Protection Impact Findings of Chapter 2, Procedures, Supplemental Findings, shall be made. (Former Section CZ#A314-64(L))
35.1.13 Required Mitigations. The following mitigations shall be required for all development, as applicable: (Former Section CZ#A314-64(M))
35.1.13.1Where feasible, new structures shall be sited one hundred (100) feet from the edge of tidal or non-tidal sloughs; (Former Section CZ#A314-64(M)(1))
35.1.13.2Where feasible, new structures shall be clustered adjacent to existing structures; (Former Section CZ#A314-64(M)(2))
35.1.13.3Road crossings of sloughs, channels and ditches shall be by culvert or bridge. It should be noted that all crossings may require a stream alteration agreement with the California Department of Fish and Game (contact the State Agency for more information, as the County does not create or process these agreements); (Former Section CZ#A314-64(M)(3))
35.1.13.4Any dikes or fill constructed as a part of an oil and gas development shall be removed upon completion of the activity and the site revegetated to its former condition; (Former Section CZ#A314-64(M)(4))
35.1.13.5Diking or fill constructed as a part of oil and gas well construction shall be mitigated consistent with the mitigation requirements of the Coastal Wetland regulations. (Former Section CZ#A314-64(M)(5)) Your Selections
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35.1 T: TRANSITIONAL AGRICULTURAL LANDS ¶
35.1.1 Purpose. The purpose of these regulations is to permit agricultural use as a principal permitted use while providing that development in transitional agricultural lands is conducted in such a manner as to maintain long-term wetland habitat values and minimize short-term habitat degradation within these environmentally sensitive habitat areas. (Former Section CZ#A314-64(A))
35.1.2 Applicability. These regulations shall apply to land containing transitional agricultural land designated “T” on the Zoning Maps, and to unmapped areas as defined in this Chapter, Section C: Index of Definitions of Language and Legal Terms. These regulations shall not apply to lands designated “W” - “Wetland,” which are subject to the Wetland Area Combining Zone Regulations set forth in this chapter. (Former Section CZ#A314-64(B))
35.1.3 Determination of Transitional Agricultural Land Boundary. The following criteria shall be used to determine the upland boundary of transitional agricultural land: (Former Section CZ#A314-64(C)(1))
35.1.3.1Either the boundary of a clearly defined slough which is periodically covered with standing water; or (Former Section CZ#A314-64(C)(1)(a))
35.1.3.2The boundary of the area which would be below tidal elevations (plus five (+5) feet) above mean sea level) if tidegates, dikes, or other drainage works were not in place; or (Former Section CZ#A314-64(C)(1)(b))
35.1.3.3As determined pursuant to the requirements of the Transitional Agricultural Land Boundary Adjustment of this section (see subsection 313-35.1.4). (Former Section CZ#A314-64(C)(1)(c))
35.1.4 Transitional Agricultural Land Boundary Adjustment Requests. ¶
35.1.4.1If any party claims that lands (or portions of lands) below the plus five (+5) foot elevation (above mean sea level) are not Transitional Agricultural Lands, the burden of proof thereof rests upon said party. (Former Section CZ#A314-64(D)(1))
35.1.4.2If any party claims that lands (or portions of lands) above the plus five (+5) foot elevation (above mean sea level) are Transitional Agricultural Lands, the burden of proof thereof rests upon said party. (Former Section CZ#A314-64(D)(2))
35.1.4.3In any dispute under subsections 35.1.4.1 or 35.1.4.2, the factors to be considered shall include but not be limited to a review and analysis of the boundary of the wetland prior to alteration for agricultural use, as indicated by soils maps, elevation, or historic information, including maps and photographs. (Former Section CZ#A314-64(D)(3))
35.1.5 Areas Excluded from Transitional Agricultural Lands. Notwithstanding the Determinations of Transitional Agricultural Land Boundary or the Transitional Agricultural Land Boundary Adjustment Regulations (see Sections 35.1.3 and 35.1.4), any areas with drained or filled hydric soils that are no longer capable of supporting a predominance of hydrophytes shall not be considered transitional agricultural lands and such areas are exempt from the requirements of this section. (Former Section CZ#A314-64(E))
35.1.6 Transitional Agricultural Land Boundary Disputes or Uncertainties. Any dispute or uncertainty regarding the precise locations of boundaries of the Transitional Agricultural Land designation shall be resolved in accordance with the Procedure for Boundary Adjustment of Sensitive Habitat Areas. (Former Section CZ#A314-64(F))
35.1.7 Modifications Imposed by the Transitional Agricultural Land Regulations. The provisions of the Transitional Agricultural Land Regulations shall be in addition to regulations imposed by the Principal Zones, Development Regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation most protective of wetland resources shall apply. (Former Section CZ#A314-64(G))
35.1.8 Consultation with Agencies. In reviewing applications for new agricultural development within Transitional Agricultural Land, the County shall cooperate closely with the Coastal Commission, the Department of Fish and Game, Agricultural Stabilization and Soil Conservation Service, Agricultural Extension, and farm organizations. Agencies commenting on proposed development within Transitional Agricultural Lands shall be requested to respond to the Planning Division within ten (10) working days of the receipt of the notice. (Former Section CZ#A314-64(H))
35.1.9 Permitted Diking and Filling. ¶
35.1.9.1Principal permitted uses in the AE Agricultural Exclusive Zone. (Former Section CZ#A314-64(I)(1))
35.1.9.2 Construction of spillways and modification and repair of existing dikes threatened by erosion. Modification of dikes includes minor relocation where, for example, a river changes course necessitating relocation of the dike landward or seaward, provided however, that there is no significant increase in gross acreage under cultivation. (Former Section CZ#A314-64(I)(2))
35.1.9.3Oil and gas wells, subject to the Oil and Gas Drilling and Processing Regulations. (Former Section CZ#A314-64(I)(3))
35.1.9.4Incidental public service purposes. (Former Section CZ#A314-64(I)(4))
35.1.9.5Wetland restoration. (Former Section CZ#A314-64(I)(5))
35.1.10 Permitted Dredging. Dredging in Transitional Agricultural land shall be limited to: (Former Section CZ#A314-64(J))
35.1.10.1Pipelines, transmission lines and incidental public service purposes; (Former Section CZ#A314-64(J)(1))
35.1.10.2Maintenance or replacement of levees, roads, fences, dikes, drainage channels, floodgates, and tide gates; (Former Section CZ#A314-64(J)(2))
35.1.10.3Maintenance dredging for flood control and drainage purposes; and (Former Section CZ#A314-64(J)(3))
35.1.10.4Wetlands, fishery and wildlife enhancement, and restoration projects. (Former Section CZ#A314-64(J)(4))
35.1.11 Land Divisions. Notwithstanding the provisions of this Code’s Land Division Regulations to the contrary, no division of Transitional Agricultural Lands shall be permitted which would create a new parcel of less than sixty acres (60a) if the parcel created will consist entirely of designated Transitional Agricultural Lands, except where the division is necessary for a wetland restoration project. (Former Section CZ#A314-64(K))
35.1.12 Findings Required. Prior to approval of new development within Transitional Agricultural Lands, the applicable Resource Protection Impact Findings of Chapter 2, Procedures, Supplemental Findings, shall be made. (Former Section CZ#A314-64(L))
35.1.13 Required Mitigations. The following mitigations shall be required for all development, as applicable: (Former Section CZ#A314-64(M))
35.1.13.1Where feasible, new structures shall be sited one hundred (100) feet from the edge of tidal or non-tidal sloughs; (Former Section CZ#A314-64(M)(1))
35.1.13.2Where feasible, new structures shall be clustered adjacent to existing structures; (Former Section CZ#A314-64(M)(2))
35.1.13.3Road crossings of sloughs, channels and ditches shall be by culvert or bridge. It should be noted that all crossings may require a stream alteration agreement with the California Department of Fish and Game (contact the State Agency for more information, as the County does not create or process these agreements); (Former Section CZ#A314-64(M)(3))
35.1.13.4Any dikes or fill constructed as a part of an oil and gas development shall be removed upon completion of the activity and the site revegetated to its former condition; (Former Section CZ#A314-64(M)(4))
35.1.13.5Diking or fill constructed as a part of oil and gas well construction shall be mitigated consistent with the mitigation requirements of the Coastal Wetland regulations. (Former Section CZ#A314-64(M)(5)) Your Selections
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38.1 W: COASTAL WETLAND AREAS ¶
38.1.1 Purpose. The purpose of these provisions is to establish regulations to provide that any development in coastal wetlands will not degrade the wetland, but will maintain optimum populations of marine or freshwater organisms and, where feasible, will enhance wetland resources. (Former Section CZ#A314-56(A))
38.1.2 Applicability of the Wetland Area Regulations. These Wetland Area Regulations shall apply to lands containing wetlands designated “W” on the Zoning Maps, and shall also apply to unmapped wetlands. These regulations shall not apply to lands designated “T - Transitional Agricultural Lands,” which are subject to the Coastal Transitional Agricultural Lands Regulations. (Former Section CZ#A314-56(B))
38.1.3 Modifications Imposed by the Wetland Area Regulations. These regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation most protective of wetland resources shall apply. Development requiring mitigation is also subject to supplemental application and review requirements in Chapter 2 of these regulations. (Former Section CZ#A314-56(C))
38.1.4 Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review development plans proposed within wetlands, and to respond within ten (10) working days of the referral. (Former Section CZ#A314-56(D))
38.1.5 Diking, Filling and Dredging. Permitted diking, filling and dredging shall be limited to the following developments: (Former Section CZ#A314-56(E))
38.1.5.1Wetland restoration; (Former Section CZ#A314-56(E)(1))
38.1.5.2Hunting blinds and similar minor facilities; (Former Section CZ#A314-56(E)(2))
38.1.5.3In open coastal waters, other than wetlands, including estuaries, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide access and recreation opportunities. (Former Section CZ#A314-56(E)(3))
38.1.5.4In wetland areas only, entrance channels for new or expanded boating facilities. (Former Section CZ#A314-56(E)(4))
38.1.5.5Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. (Former Section CZ#A314-56(E)(5))
38.1.5.6Access facilities consistent with the access inventory development recommendations of the Coastal Land Use Plans; (Former Section CZ#A314-56(E)(6))
38.1.5.7Aquaculture; however, upland support facilities that are not coastal-dependent shall not be located within designated Wetland Areas. (Former Section CZ#A314-56(E)(7))
38.1.5.8Coastal-Dependent Industrial Use Types subject to the Coastal-Dependent Industrial Development Regulations at Section 31345.1. (Former Section CZ#A314-56(E)(8))
38.1.6 Filling of Pocket Marshes. ¶
38.1.6.1Within the Humboldt Bay Planning Area, fill for development not specifically listed in subsection 38.1.5 may be permitted only if all of the Pocket Marsh Findings in Chapter 2, Section 312-39.14.2, are made. (Former Section CZ#A314-56(F)(1))
38.1.6.2 Required Mitigation. ¶
38.1.6.2.1Restoration of an area to mitigate for the fill shall occur at a site which is contiguous or adjacent to a wetland area and which would provide significant fish and wildlife habitat benefits. (Former Section CZ#A314-56(F)(2)(a))
38.1.6.2.2Mitigation must be consistent with the Required Mitigation regulations of Section 313-38.1.9. (Former Section CZ#A31456(F)(2)(b))
38.1.7 Filling of Dune Hollows. Permitted filling of dune hollow wetlands located on the North Spit of Humboldt Bay shall be limited to the following: (Former Section CZ#A314-56(G))
38.1.7.1Wetland restoration; (Former Section CZ#A314-56(G)(1))
38.1.7.2Hunting blinds and similar minor facilities; (Former Section CZ#A314-56(G)(2))
38.1.7.3In estuaries, maintenance and improvement of boating facilities and minor alterations to existing facilities, allowable consistent with Public Resources Code Section 30233; (Former Section CZ#A314-56(G)(3))
38.1.7.4Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines; (Former Section CZ#A314-56(G)(4))
38.1.7.5Access facilities consistent with the access inventory development recommendations of the Coastal Land Use Plans (the Coastal Land Use Plans are a component of the County General Plan and may be reviewed at the Planning and Building Divisions of Community Development Services); (Former Section CZ#A314-56(G)(5))
38.1.7.6Aquaculture; however, upland support facilities, including steel or concrete holding tanks and raceways, administrative buildings, and parking facilities may not be located within dune hollow wetland areas; (Former Section CZ#A314-56(G)(6))
38.1.7.7Coastal-Dependent Industrial Use Types subject to the Coastal-Dependent Industrial Development Regulations at Section 31345.1; and (Former Section CZ#A314-56(G)(7))
38.1.8.8Expansion of existing industrial facilities. (Former Section CZ#A314-56(G)(8))
38.1.8 Required Findings. The diking, filling, and dredging of wetlands shall be permitted only if the applicable Resource Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-56(H))
38.1.9 Required Mitigation. ¶
38.1.9.1If the project involves dredging, mitigation measures must include at least the following: (Former Section CZ#A314-56(I)(1))
38.1.9.1.1Dredging and spoils disposal must be planned and carried out to avoid significant disruption to wetland habitats and to water circulation. (Former Section CZ#A314-56(I)(1)(a))
38.1.9.1.2Dredge spoils suitable for beach replenishment shall, where feasible, be transported to appropriate beaches or into suitable longshore current systems. (Former Section CZ#A314-56(I)(1)(b))
38.1.9.2If the project involves diking or filling of a wetland, required minimum mitigation measures shall include the following: (Former Section CZ#A314-56(I)(2))
38.1.9.2.1Either acquisition of equivalent areas of equal or greater biological productivity or opening up equivalent areas to tidal action. (Former Section CZ#A314-56(I)(2)(a))
38.1.9.2.1.1A restoration plan shall be prepared, pursuant to the Wetland Restoration Plan Procedures in Chapter 2, Procedures, of these regulations, which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity. (Former Section CZ#A314-56(I)(2)(a)(i))
38.1.9.2.1.2The mitigation site shall be purchased before the dike or fill development may proceed. (Former Section CZ#A314-56(I)(2) (a)(ii))
38.1.9.2.1.3The site shall be protected permanently through the dedication of the land to a public agency capable of managing the resource or through open space easements or similar restrictions. (Former Section CZ#A314-56(I)(2)(a)(iii))
38.1.9.2.1.4The restoration plan shall provide for appropriate public access to the restoration site. (Former Section CZ#A314-56(I)(2) (a)(iv))
38.1.9.2.2Where no appropriate restoration sites are available, an in-lieu fee shall be required and paid to an appropriate public agency, which fee shall be of sufficient value for the purchase and restoration of an area of equivalent productive value or equivalent surface area. (Former Section CZ#A314-56(I)(2)(b))
38.1.9.3Mitigation measures shall not be required for temporary or short-term fill or diking, if a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. For the purposes of this section, “short-term” generally means that the fill or dikes would be removed immediately upon completion of the construction of the project necessitating the short-term fill or diking. (Former Section CZ#A314-56(I)(3)) Your Selections
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38.1 W: COASTAL WETLAND AREAS ¶
38.1.1 Purpose. The purpose of these provisions is to establish regulations to provide that any development in coastal wetlands will not degrade the wetland, but will maintain optimum populations of marine or freshwater organisms and, where feasible, will enhance wetland resources. (Former Section CZ#A314-56(A))
38.1.2 Applicability of the Wetland Area Regulations. These Wetland Area Regulations shall apply to lands containing wetlands designated “W” on the Zoning Maps, and shall also apply to unmapped wetlands. These regulations shall not apply to lands designated “T - Transitional Agricultural Lands,” which are subject to the Coastal Transitional Agricultural Lands Regulations. (Former Section CZ#A314-56(B))
38.1.3 Modifications Imposed by the Wetland Area Regulations. These regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation most protective of wetland resources shall apply. Development requiring mitigation is also subject to supplemental application and review requirements in Chapter 2 of these regulations. (Former Section CZ#A314-56(C))
38.1.4 Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review development plans proposed within wetlands, and to respond within ten (10) working days of the referral. (Former Section CZ#A314-56(D))
38.1.5 Diking, Filling and Dredging. Permitted diking, filling and dredging shall be limited to the following developments: (Former Section CZ#A314-56(E))
38.1.5.1Wetland restoration; (Former Section CZ#A314-56(E)(1))
38.1.5.2Hunting blinds and similar minor facilities; (Former Section CZ#A314-56(E)(2))
38.1.5.3In open coastal waters, other than wetlands, including estuaries, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide access and recreation opportunities. (Former Section CZ#A314-56(E)(3))
38.1.5.4In wetland areas only, entrance channels for new or expanded boating facilities. (Former Section CZ#A314-56(E)(4))
38.1.5.5Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. (Former Section CZ#A314-56(E)(5))
38.1.5.6Access facilities consistent with the access inventory development recommendations of the Coastal Land Use Plans; (Former Section CZ#A314-56(E)(6))
38.1.5.7Aquaculture; however, upland support facilities that are not coastal-dependent shall not be located within designated Wetland Areas. (Former Section CZ#A314-56(E)(7))
38.1.5.8Coastal-Dependent Industrial Use Types subject to the Coastal-Dependent Industrial Development Regulations at Section 31345.1. (Former Section CZ#A314-56(E)(8))
38.1.6 Filling of Pocket Marshes. ¶
38.1.6.1Within the Humboldt Bay Planning Area, fill for development not specifically listed in subsection 38.1.5 may be permitted only if all of the Pocket Marsh Findings in Chapter 2, Section 312-39.14.2, are made. (Former Section CZ#A314-56(F)(1))
38.1.6.2 Required Mitigation. ¶
38.1.6.2.1Restoration of an area to mitigate for the fill shall occur at a site which is contiguous or adjacent to a wetland area and which would provide significant fish and wildlife habitat benefits. (Former Section CZ#A314-56(F)(2)(a))
38.1.6.2.2Mitigation must be consistent with the Required Mitigation regulations of Section 313-38.1.9. (Former Section CZ#A31456(F)(2)(b))
38.1.7 Filling of Dune Hollows. Permitted filling of dune hollow wetlands located on the North Spit of Humboldt Bay shall be limited to the following: (Former Section CZ#A314-56(G))
38.1.7.1Wetland restoration; (Former Section CZ#A314-56(G)(1))
38.1.7.2Hunting blinds and similar minor facilities; (Former Section CZ#A314-56(G)(2))
38.1.7.3In estuaries, maintenance and improvement of boating facilities and minor alterations to existing facilities, allowable consistent with Public Resources Code Section 30233; (Former Section CZ#A314-56(G)(3))
38.1.7.4Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines; (Former Section CZ#A314-56(G)(4))
38.1.7.5Access facilities consistent with the access inventory development recommendations of the Coastal Land Use Plans (the Coastal Land Use Plans are a component of the County General Plan and may be reviewed at the Planning and Building Divisions of Community Development Services); (Former Section CZ#A314-56(G)(5))
38.1.7.6Aquaculture; however, upland support facilities, including steel or concrete holding tanks and raceways, administrative buildings, and parking facilities may not be located within dune hollow wetland areas; (Former Section CZ#A314-56(G)(6))
38.1.7.7Coastal-Dependent Industrial Use Types subject to the Coastal-Dependent Industrial Development Regulations at Section 31345.1; and (Former Section CZ#A314-56(G)(7))
38.1.8.8Expansion of existing industrial facilities. (Former Section CZ#A314-56(G)(8))
38.1.8 Required Findings. The diking, filling, and dredging of wetlands shall be permitted only if the applicable Resource Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-56(H))
38.1.9 Required Mitigation. ¶
38.1.9.1If the project involves dredging, mitigation measures must include at least the following: (Former Section CZ#A314-56(I)(1))
38.1.9.1.1Dredging and spoils disposal must be planned and carried out to avoid significant disruption to wetland habitats and to water circulation. (Former Section CZ#A314-56(I)(1)(a))
38.1.9.1.2Dredge spoils suitable for beach replenishment shall, where feasible, be transported to appropriate beaches or into suitable longshore current systems. (Former Section CZ#A314-56(I)(1)(b))
38.1.9.2If the project involves diking or filling of a wetland, required minimum mitigation measures shall include the following: (Former Section CZ#A314-56(I)(2))
38.1.9.2.1Either acquisition of equivalent areas of equal or greater biological productivity or opening up equivalent areas to tidal action. (Former Section CZ#A314-56(I)(2)(a))
38.1.9.2.1.1A restoration plan shall be prepared, pursuant to the Wetland Restoration Plan Procedures in Chapter 2, Procedures, of these regulations, which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity. (Former Section CZ#A314-56(I)(2)(a)(i))
38.1.9.2.1.2The mitigation site shall be purchased before the dike or fill development may proceed. (Former Section CZ#A314-56(I)(2) (a)(ii))
38.1.9.2.1.3The site shall be protected permanently through the dedication of the land to a public agency capable of managing the resource or through open space easements or similar restrictions. (Former Section CZ#A314-56(I)(2)(a)(iii))
38.1.9.2.1.4The restoration plan shall provide for appropriate public access to the restoration site. (Former Section CZ#A314-56(I)(2) (a)(iv))
38.1.9.2.2Where no appropriate restoration sites are available, an in-lieu fee shall be required and paid to an appropriate public agency, which fee shall be of sufficient value for the purchase and restoration of an area of equivalent productive value or equivalent surface area. (Former Section CZ#A314-56(I)(2)(b))
38.1.9.3Mitigation measures shall not be required for temporary or short-term fill or diking, if a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. For the purposes of this section, “short-term” generally means that the fill or dikes would be removed immediately upon completion of the construction of the project necessitating the short-term fill or diking. (Former Section CZ#A314-56(I)(3)) Your Selections
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39.1 X: NO FURTHER SUBDIVISION ALLOWED
(See also Special Combining Zone “SX”)
39.1.1 Special Representation for Development Standards Which Prohibit Further Subdivisions. Whenever the Combining Zone is used to modify the principal zone to prohibit further subdivisions of any lots within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(F))
39.1.1.1X - where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone. When the X designator is used, the minimum lot size shall not be listed in the table format. (Former Section CZ#A313-41(F) (1))
39.1.1.2(See also, the subsection, Special Combining Zone “SX”, where development standards are modified in addition to prohibiting further subdivision.) (Former Section CZ#A313-41(F)(2))
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39.1 X: NO FURTHER SUBDIVISION ALLOWED
(See also Special Combining Zone “SX”)
39.1.1 Special Representation for Development Standards Which Prohibit Further Subdivisions. Whenever the Combining Zone is used to modify the principal zone to prohibit further subdivisions of any lots within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(F))
39.1.1.1X - where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone. When the X designator is used, the minimum lot size shall not be listed in the table format. (Former Section CZ#A313-41(F) (1))
39.1.1.2(See also, the subsection, Special Combining Zone “SX”, where development standards are modified in addition to prohibiting further subdivision.) (Former Section CZ#A313-41(F)(2))
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40.1 Y: SPECIFIED MINIMUM AND AVERAGE LOT SIZES ¶
(See also Special Combining Zone “SY”)
40.1.1 Special Representation for Minimum Lot Size, where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the principal zone is modified to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(G))
40.1.1.1Y - where the development standards are modified for the sole purpose of specifying a minimum lot size and minimum average-lot size. (Former Section CZ#A313-41(G)(2))
40.1.1.2Y (x) - where, on the zoning maps, “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate Y(x) parcel size designation shall be required. As necessary to maintain consistency with the General Plan, the lot size specification requirements shall be a part of the enforceable restrictions of the subdivision. (Former Section CZ#A313-41(G)(3))
40.1.1.3(See also, the subsection, Special Combining Zone “SY.”)
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40.1 Y: SPECIFIED MINIMUM AND AVERAGE LOT SIZES ¶
(See also Special Combining Zone “SY”)
40.1.1 Special Representation for Minimum Lot Size, where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the principal zone is modified to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designators shall be used as applicable: (Former Section CZ#A313-41(G))
40.1.1.1Y - where the development standards are modified for the sole purpose of specifying a minimum lot size and minimum average-lot size. (Former Section CZ#A313-41(G)(2))
40.1.1.2Y (x) - where, on the zoning maps, “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate Y(x) parcel size designation shall be required. As necessary to maintain consistency with the General Plan, the lot size specification requirements shall be a part of the enforceable restrictions of the subdivision. (Former Section CZ#A313-41(G)(3))
40.1.1.3(See also, the subsection, Special Combining Zone “SY.”)
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Applicability. These General Regulations shall apply to all zones and all use classifications unless otherwise stated. (Former Section CZ#A314-1(A); Ord. 519, Sec. 601, 5/11/65; Ord. 1662, Sec. l, 11/27/84)
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43.1 ACCESSORY USES ¶
- (See also, Section 313 69.1, Accessory Structures)
43.1.1 Purpose. The purpose of these provisions is to specify the uses that are permitted as accessory to the permitted uses in the principal zones, and to establish the regulations that apply to the permitted accessory uses. (Former Section CZ#A314-2(A); Ord. 1623, Sec. 1, 12/13/83; amended by Ord. 1726, Sec. 1, 3/4/86)
43.1.2 Accessory Uses Encompassed By Principal Use. In addition to the principal uses expressly set forth in a use classification, each use classification shall be deemed to include such accessory uses as are specifically identified by these regulations, and such other accessory uses as are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. The Director shall determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Director’s evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use. Where these regulations are unclear, a Special Permit may be submitted and processed to a decision for a proposed accessory use per Section 311-4 of this Code. (Former Section CZ#A314-2(B))
43.1.3 Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the same manner as the principal uses within each use classification, except as otherwise expressly provided by these regulations. (Former Section CZ#A314-2(C); Ord. 519, Sec. 601, 5/11/65; Ord. 1662, Sec. l, 11/27/84)
43.1.4 Permitted Accessory Uses in All Zones. The following accessory uses shall be permitted in all zones, except as otherwise stated, and shall be subject to all other County permit requirements, including grading permits for grading projects: (Former Section CZ#A314-2(D))
43.1.4.1Grading, fill or excavation or major vegetation removal for the construction of any building or structure for which a necessary building permit has been issued. (Former Section CZ#A314-2(D)(4))
43.1.4.2Grading, fill or excavation which is all or part of a grading operation necessary to bring the contours of a proposed land subdivision to the grade shown on an approved tentative subdivision plan. (Former Section CZ#A314-2(D)(5))
43.1.4.3Excavation, grading or streambed skimming that is exempt from provisions of the Surface Mining and Reclamation Regulations and which is normally accessory to a principal permitted use type in the adopted zoning district. (Former Section CZ#A314-2(D)(6))
43.1.4.4Temporary accessory uses as permitted by the Temporary Use regulations in this Code. (Former Section CZ#A314-2(D)(7))
43.1.5 Permitted Residential Accessory Uses. The following accessory uses shall be permitted in residential zones: (Former Section CZ#A314-2(E))
43.1.5.1Family Day Care; (Former Section CZ#A314-2(E)(1))
43.1.5.2Community Care Facilities; (Former Section CZ#A314-2(E)(2))
43.1.5.3Home Occupations; (Former Section CZ#A314-2(E)(7))
43.1.5.4Animal keeping as permitted under the provisions of Section 313-43.3, Animal Keeping. (Former Section CZ#A314-2(E)(8))
43.1.6 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (TC) Commercial Timberland, (TPZ) Timber Production, and (RA) Rural Residential Agricultural Zones: (Former Section CZ#A314-2(G))
43.1.6.1 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of two hundred (200) square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way. Roadside sales of agriculture products shall not be allowed on RA zoned parcels. (See also, Section 313-69.1, Accessory Structures.) (Former Section CZ#A314-2(G)(8))
43.1.6.2 Other Necessary and Customary Uses. Accessory uses in addition to those identified in this Section, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity, as determined by the Director. (Former Section CZ#A314-2(G)(10))
43.2 ALLOWED AGRICULTURAL ACTIVITIES NOT A NUISANCE (“RIGHT TO FARM ORDINANCE”)
43.2.1 Definitions. The following terms shall have the meaning established by this section and as defined in this Chapter. Section C: Index of Definitions of Language and Legal Terms. (From Section INL#316.2-1; Added by Ord. 1662. Sec 1, 11/27/84; Amended by
Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec 1, 1/14/97)
43.2.1.1Agricultural Land
43.2.1.2Agricultural Operation
43.2.2 Findings and Policy. ¶
43.2.2.1It is the declared policy of this County to enhance and encourage agricultural operations within the County. It is the intent of this County to provide to its residents notification of this County policy through adoption of this ordinance setting forth persons’ and/or entities’ right to farm. (From Section INL#316.2-2(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.2Where non-agricultural land uses extend into agricultural areas, or exist side by side, agricultural operations can be the subject of nuisance complaints by which the complainants seek to cease or curtail agricultural operations. Such actions discourage investments in farm improvements and act to the detriment of such adjacent agricultural uses, and the economic viability of the County’s agricultural industry as a whole. (From Section INL#316.2-2(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.3It is the purpose and intent of this section to reduce the loss to the County of its agricultural resources by limiting the circumstances under which existing and planned agricultural operations may be considered as a nuisance. This ordinance is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provision of State Law relative to nuisances. Rather, it is intended to be utilized in the interpretation and enforcement of the provisions of this Code and other County regulations. (From Section INL#316.2-2(C); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.4An additional purpose of this ordinance is to promote a good neighbor policy between agricultural and non-agricultural property uses by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such agricultural uses, including but not limited to the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. (From Section INL#316.2-2(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97
43.2.3 Nuisance. No agricultural activity, operations, or facility or appurtenances thereof, conducted or maintained for any agricultural purpose in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, pursuant to the Humboldt County Code after the same has been in operation for more than three years (3yr) if the activity was not a nuisance when it began. (From Section INL#316.2-3; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4 Disclosure. ¶
43.2.4.1Humboldt County is an agricultural county with many areas planned and zoned for agricultural operations. The presence of farms, ranches and timberland yields significant aesthetic and economic benefits to the health and welfare of the residents of the County. In accordance with the findings in subsection 43.2.2, this County’s agriculture must be protected, including in areas where it is near residential development. This is accomplished in part by the adoption of subsection 43.2.3, which provides that properly conducted agricultural operations will not be deemed a nuisance. (From Section INL#316.2-4(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.2This section further requires sellers of real property to give notice of this ordinance and its provisions to buyers of real property located in Humboldt County. The notice shall be in substantially the following form:
“You are hereby notified that if the property you are purchasing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of Humboldt County Community Development Services. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.”
(From Section INL#316.2-4(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3The statement set forth in the foregoing subsection 313-43.2.4.2 shall be used under the following circumstances and in the following manners.
43.2.4.3.1Upon any transfer of real property or any portion thereof by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground sale lease coupled with improvements, or residential stock cooperative improved with dwelling units, the transferor shall require that a statement containing the language set forth in subsection 313-43.2.4.2 shall be signed by the purchaser or lessee. (From Section INL#316.2-4(C)(1); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3.2Upon the issuance of a discretionary development permit, including but not limited to subdivision approvals, Use Permits & Special Permits, for use on or adjacent to lands designated and/or zoned for agricultural operations, the discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the Disclosure set out in subsection 313-43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (From Section INL#316.2-4(C)(2 Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.4The disclosure statement as set forth in subsection 313-43.2.4.2, and required by this Chapter shall be made on a copy of, or attached to the Real Estate Transfer Disclosure Statement required by Section 1102.6 of the Civil Code, relating to real property. In situations in which the Real Estate Disclosure statement set forth in Civil Code Section 1102 is not required, notice shall be given on or accompanying any other required disclosure documents or, if none, with the deed transferring the interest in the property. A form for the notice is available from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (From Section INL#316.2-4(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.5 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance. (From Section INL#316.2-5; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.6 Precedence. This ordinance shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith, to the extent of the conflict and no more. (From Section INL#316.2-6; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7 Mediation. ¶
43.2.7.1It is suggested, and expected by the County and the Courts that an attempt to resolve any dispute which arises under or is governed by this Chapter of the Code be subjected to mediation or other attempt at dispute resolution by the parties. Such utilization of a mediation process shall be at the expense of the parties and shall be completed in a reasonable time frame before litigation may be pursued. This mediation process is not a mandatory prerequisite to pursuing alternative legal remedies. (From Section INL#316.27(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7.2At a minimum, any party making a complaint alleging that an agricultural operation constitutes a nuisance, shall have informed the operator of the alleged nuisance as to the specific complaints of the party making the complaint. This process shall include, at a minimum the sending of a certified letter, containing the details of the complaint, and suggesting a proposed resolution of the problem which the complaining party perceives to exist. This requirement is a mandatory prerequisite to the filing of any civil action for nuisance. (From Section INL#316.2-7(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.8 Violation of the Disclosure Provisions of Subsection 313-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Subsection 313-43.2.4 shall be an infraction. The punishment for such a violation shall be subject to the maximum penalties set by State Law for an infraction (see, Penal Code Section 19c, or any successor provision thereto). The violation shall not be punished as a misdemeanor. (From Section INL#316.2-8; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.9Model Notice for Use in Complying with this Section:
(From Section INL#316.2-9; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
NOTICE AND ACKNOWLEDGMENT REGARDING AGRICULTURAL ACTIVITIES IN HUMBOLDT COUNTY
File Number___________________________________; Case Number:________________________________
This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code Section 313-43.2. The purpose of this notice is to inform owners and purchasers of real property that there may be an impact on their property from adjacent agricultural activities. For full information about the ordinance, please read the full text of Section 313-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 313-43.2.4:
f Section 313-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 313-43.2.4:
You are hereby notified that, if the property you are purchasing or developing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers for transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of Humboldt County Community Development Services. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.
Dated:________________________
______________________________ Signature of Seller(s) (if property transfer)
______________________________ Print name(s)
Dated:__________________________
________________________________ Signature(s) of purchaser or owner(s)/owners' representative
________________________________ Print name(s)
Please note that Section 313-43.2 of the County Code does not require recording this document. However, a seller of property may wish to record this document with other disclosure documents as proof of compliance with this Code section.
43.3 ANIMAL KEEPING ¶
43.3.1 Purpose. The purpose of these provisions is to regulate the density of animals and the setbacks of animal enclosures in residential zones (RM, R2 and RS) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (Former Section CZ#A314-3(A))
43.3.2 General Health Regulations. All animals must be kept in a manner so as not to constitute a private or public nuisance and must be afforded food and care in sanitary facilities. (Former Section CZ#A314-3(B))
43.3.3 Animals in Agriculture and Timber Zones. Nothing in this section shall limit the keeping of animals in agriculture and timber zones. (Former Section CZ#A314-3(C))
43.3.4 Domestic Animals in Residential Zones. Domestic animals may be kept as an accessory use in any residential zone where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied. (Former Section CZ#A3143(D))
43.3.5 Minimum Lot Size and Animal Density Requirements. Animal keeping in RS, RM and R2 residential zones shall be limited according to the Animal Density Table. The Animal Density Table is incorporated into this section, and all references to this section shall include references to it. (Former Section CZ#A314-3(E))
| ANIMAL DENSITY TABLE | ||
| ANIMAL TYPE | MINIMUM LOT SIZE | MAXIMUM ANIMAL DENSITY |
| Large domestic bovine and equine animals |
one (1) acre | Two (two) animals plus one animal for each additional twenty thousand (20,000) square feet of lot area |
| Medium sized domestic animals, such as sheep, pigs, and goats |
10,000 square feet | Two (2) animals plus one animal for each additional three thousand (3,000) square feet of lot area |
| Small domestic animals such as rabbits and poultry (c) |
5,000 square feet | Ten (10) animals plus one animal for each additional five hundred (500) square feet of lot area |
| Household pets limited to dogs and cats (d) |
No minimum | Four (4) dogs and/or four (4) cats per dwelling unit |
(a)No animal other than those listed in this section may be kept without first securing a Special Permit.
(b)Permitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.
(c)No crowing rooster may be kept in any RS, RM or R2 zone.
(d)No limitations shall be placed upon household pets whose normal place of abode is within the dwelling units, such as caged birds, caged rodents, fish, reptiles and amphibia confined to aquaria and terraria.
(Former Section CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66)
43.3.6 Young Animal Substitution Schedule. The maximum animal densities permitted under subsection 43.3.5 may be modified by substituting young animals according to the following schedule: (Former Section CZ#A314-3(F))
| YOUNG ANIMAL SUBSTITUTION SCHEDULE | |
| ANIMAL TYPE | PERMITTED SUBSTITUTION |
| Large domestic animals including cows and horses |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| Medium-sized domestic animals including sheep, pigs, and goats |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| Small domestic animals including rabbits and poultry. |
For each one (1) adult animal three (3) young animals less than three (3) months old may be substituted. |
| Household pets. | Not applicable; No limit on dogs or cats less than four(4)months old. |
43.3.7 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in areas zoned residential shall have the minimum setbacks specified in the Animal Enclosure Setback Table. The Animal Enclosure
Setback Table is incorporated into this section, and all references to this section shall include reference to it. (Former Section CZ#A314-3(G))
| ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
|---|---|---|---|
| ANIMAL ENCLOSURE LOCATION |
LARGE DOMESTIC ANIMALS |
MEDIUM DOMESTIC ANIMALS |
SMALL DOMESTIC ANIMALS |
| Distance from Dwelling |
50 feet | 50 feet | 25 feet |
| Distance from Front Lot Line |
50 feet | 50 feet | 50 feet |
| Distance from Side Lot Line |
20 feet | 20 feet | 10 feet |
| Distance from Rear Lot Line |
20 feet | 20 feet | 10 feet |
(a)Animal enclosure includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.
43.3.8 Animal Slaughtering. Killing or dressing of large and medium-sized animals as specified in Section 313-43.3.5 is prohibited in RS, R2 and RM Zones. (Former Section CZ#A314-3(H)) Your Selections
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43.1 ACCESSORY USES ¶
- (See also, Section 313 69.1, Accessory Structures)
43.1.1 Purpose. The purpose of these provisions is to specify the uses that are permitted as accessory to the permitted uses in the principal zones, and to establish the regulations that apply to the permitted accessory uses. (Former Section CZ#A314-2(A); Ord. 1623, Sec. 1, 12/13/83; amended by Ord. 1726, Sec. 1, 3/4/86)
43.1.2 Accessory Uses Encompassed By Principal Use. In addition to the principal uses expressly set forth in a use classification, each use classification shall be deemed to include such accessory uses as are specifically identified by these regulations, and such other accessory uses as are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. The Director shall determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Director’s evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use. Where these regulations are unclear, a Special Permit may be submitted and processed to a decision for a proposed accessory use per Section 311-4 of this Code. (Former Section CZ#A314-2(B))
43.1.3 Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the same manner as the principal uses within each use classification, except as otherwise expressly provided by these regulations. (Former Section CZ#A314-2(C); Ord. 519, Sec. 601, 5/11/65; Ord. 1662, Sec. l, 11/27/84)
43.1.4 Permitted Accessory Uses in All Zones. The following accessory uses shall be permitted in all zones, except as otherwise stated, and shall be subject to all other County permit requirements, including grading permits for grading projects: (Former Section CZ#A314-2(D))
43.1.4.1Grading, fill or excavation or major vegetation removal for the construction of any building or structure for which a necessary building permit has been issued. (Former Section CZ#A314-2(D)(4))
43.1.4.2Grading, fill or excavation which is all or part of a grading operation necessary to bring the contours of a proposed land subdivision to the grade shown on an approved tentative subdivision plan. (Former Section CZ#A314-2(D)(5))
43.1.4.3Excavation, grading or streambed skimming that is exempt from provisions of the Surface Mining and Reclamation Regulations and which is normally accessory to a principal permitted use type in the adopted zoning district. (Former Section CZ#A314-2(D)(6))
43.1.4.4Temporary accessory uses as permitted by the Temporary Use regulations in this Code. (Former Section CZ#A314-2(D)(7))
43.1.5 Permitted Residential Accessory Uses. The following accessory uses shall be permitted in residential zones: (Former Section CZ#A314-2(E))
43.1.5.1Family Day Care; (Former Section CZ#A314-2(E)(1))
43.1.5.2Community Care Facilities; (Former Section CZ#A314-2(E)(2))
43.1.5.3Home Occupations; (Former Section CZ#A314-2(E)(7))
43.1.5.4Animal keeping as permitted under the provisions of Section 313-43.3, Animal Keeping. (Former Section CZ#A314-2(E)(8))
43.1.6 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (TC) Commercial Timberland, (TPZ) Timber Production, and (RA) Rural Residential Agricultural Zones: (Former Section CZ#A314-2(G))
43.1.6.1 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of two hundred (200) square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way. Roadside sales of agriculture products shall not be allowed on RA zoned parcels. (See also, Section 313-69.1, Accessory Structures.) (Former Section CZ#A314-2(G)(8))
43.1.6.2 Other Necessary and Customary Uses. Accessory uses in addition to those identified in this Section, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity, as determined by the Director. (Former Section CZ#A314-2(G)(10))
43.2 ALLOWED AGRICULTURAL ACTIVITIES NOT A NUISANCE (“RIGHT TO FARM ORDINANCE”)
43.2.1 Definitions. The following terms shall have the meaning established by this section and as defined in this Chapter. Section C: Index of Definitions of Language and Legal Terms. (From Section INL#316.2-1; Added by Ord. 1662. Sec 1, 11/27/84; Amended by
Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec 1, 1/14/97)
43.2.1.1Agricultural Land
43.2.1.2Agricultural Operation
43.2.2 Findings and Policy. ¶
43.2.2.1It is the declared policy of this County to enhance and encourage agricultural operations within the County. It is the intent of this County to provide to its residents notification of this County policy through adoption of this ordinance setting forth persons’ and/or entities’ right to farm. (From Section INL#316.2-2(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.2Where non-agricultural land uses extend into agricultural areas, or exist side by side, agricultural operations can be the subject of nuisance complaints by which the complainants seek to cease or curtail agricultural operations. Such actions discourage investments in farm improvements and act to the detriment of such adjacent agricultural uses, and the economic viability of the County’s agricultural industry as a whole. (From Section INL#316.2-2(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.3It is the purpose and intent of this section to reduce the loss to the County of its agricultural resources by limiting the circumstances under which existing and planned agricultural operations may be considered as a nuisance. This ordinance is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provision of State Law relative to nuisances. Rather, it is intended to be utilized in the interpretation and enforcement of the provisions of this Code and other County regulations. (From Section INL#316.2-2(C); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.4An additional purpose of this ordinance is to promote a good neighbor policy between agricultural and non-agricultural property uses by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such agricultural uses, including but not limited to the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. (From Section INL#316.2-2(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97
43.2.3 Nuisance. No agricultural activity, operations, or facility or appurtenances thereof, conducted or maintained for any agricultural purpose in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, pursuant to the Humboldt County Code after the same has been in operation for more than three years (3yr) if the activity was not a nuisance when it began. (From Section INL#316.2-3; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4 Disclosure. ¶
43.2.4.1Humboldt County is an agricultural county with many areas planned and zoned for agricultural operations. The presence of farms, ranches and timberland yields significant aesthetic and economic benefits to the health and welfare of the residents of the County. In accordance with the findings in subsection 43.2.2, this County’s agriculture must be protected, including in areas where it is near residential development. This is accomplished in part by the adoption of subsection 43.2.3, which provides that properly conducted agricultural operations will not be deemed a nuisance. (From Section INL#316.2-4(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.2This section further requires sellers of real property to give notice of this ordinance and its provisions to buyers of real property located in Humboldt County. The notice shall be in substantially the following form:
“You are hereby notified that if the property you are purchasing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of Humboldt County Community Development Services. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.”
(From Section INL#316.2-4(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3The statement set forth in the foregoing subsection 313-43.2.4.2 shall be used under the following circumstances and in the following manners.
43.2.4.3.1Upon any transfer of real property or any portion thereof by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground sale lease coupled with improvements, or residential stock cooperative improved with dwelling units, the transferor shall require that a statement containing the language set forth in subsection 313-43.2.4.2 shall be signed by the purchaser or lessee. (From Section INL#316.2-4(C)(1); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3.2Upon the issuance of a discretionary development permit, including but not limited to subdivision approvals, Use Permits & Special Permits, for use on or adjacent to lands designated and/or zoned for agricultural operations, the discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the Disclosure set out in subsection 313-43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (From Section INL#316.2-4(C)(2 Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.4The disclosure statement as set forth in subsection 313-43.2.4.2, and required by this Chapter shall be made on a copy of, or attached to the Real Estate Transfer Disclosure Statement required by Section 1102.6 of the Civil Code, relating to real property. In situations in which the Real Estate Disclosure statement set forth in Civil Code Section 1102 is not required, notice shall be given on or accompanying any other required disclosure documents or, if none, with the deed transferring the interest in the property. A form for the notice is available from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (From Section INL#316.2-4(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.5 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance. (From Section INL#316.2-5; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.6 Precedence. This ordinance shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith, to the extent of the conflict and no more. (From Section INL#316.2-6; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7 Mediation. ¶
43.2.7.1It is suggested, and expected by the County and the Courts that an attempt to resolve any dispute which arises under or is governed by this Chapter of the Code be subjected to mediation or other attempt at dispute resolution by the parties. Such utilization of a mediation process shall be at the expense of the parties and shall be completed in a reasonable time frame before litigation may be pursued. This mediation process is not a mandatory prerequisite to pursuing alternative legal remedies. (From Section INL#316.27(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7.2At a minimum, any party making a complaint alleging that an agricultural operation constitutes a nuisance, shall have informed the operator of the alleged nuisance as to the specific complaints of the party making the complaint. This process shall include, at a minimum the sending of a certified letter, containing the details of the complaint, and suggesting a proposed resolution of the problem which the complaining party perceives to exist. This requirement is a mandatory prerequisite to the filing of any civil action for nuisance. (From Section INL#316.2-7(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.8 Violation of the Disclosure Provisions of Subsection 313-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Subsection 313-43.2.4 shall be an infraction. The punishment for such a violation shall be subject to the maximum penalties set by State Law for an infraction (see, Penal Code Section 19c, or any successor provision thereto). The violation shall not be punished as a misdemeanor. (From Section INL#316.2-8; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.9Model Notice for Use in Complying with this Section:
(From Section INL#316.2-9; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
NOTICE AND ACKNOWLEDGMENT REGARDING AGRICULTURAL ACTIVITIES IN HUMBOLDT COUNTY
File Number___________________________________; Case Number:________________________________
This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code Section 313-43.2. The purpose of this notice is to inform owners and purchasers of real property that there may be an impact on their property from adjacent agricultural activities. For full information about the ordinance, please read the full text of Section 313-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 313-43.2.4:
f Section 313-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 313-43.2.4:
You are hereby notified that, if the property you are purchasing or developing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers for transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of Humboldt County Community Development Services. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.
Dated:________________________
______________________________ Signature of Seller(s) (if property transfer)
______________________________ Print name(s)
Dated:__________________________
________________________________ Signature(s) of purchaser or owner(s)/owners' representative
________________________________ Print name(s)
Please note that Section 313-43.2 of the County Code does not require recording this document. However, a seller of property may wish to record this document with other disclosure documents as proof of compliance with this Code section.
43.3 ANIMAL KEEPING ¶
43.3.1 Purpose. The purpose of these provisions is to regulate the density of animals and the setbacks of animal enclosures in residential zones (RM, R2 and RS) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (Former Section CZ#A314-3(A))
43.3.2 General Health Regulations. All animals must be kept in a manner so as not to constitute a private or public nuisance and must be afforded food and care in sanitary facilities. (Former Section CZ#A314-3(B))
43.3.3 Animals in Agriculture and Timber Zones. Nothing in this section shall limit the keeping of animals in agriculture and timber zones. (Former Section CZ#A314-3(C))
43.3.4 Domestic Animals in Residential Zones. Domestic animals may be kept as an accessory use in any residential zone where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied. (Former Section CZ#A3143(D))
43.3.5 Minimum Lot Size and Animal Density Requirements. Animal keeping in RS, RM and R2 residential zones shall be limited according to the Animal Density Table. The Animal Density Table is incorporated into this section, and all references to this section shall include references to it. (Former Section CZ#A314-3(E))
| ANIMAL DENSITY TABLE | ||
| ANIMAL TYPE | MINIMUM LOT SIZE | MAXIMUM ANIMAL DENSITY |
| Large domestic bovine and equine animals |
one (1) acre | Two (two) animals plus one animal for each additional twenty thousand (20,000) square feet of lot area |
| Medium sized domestic animals, such as sheep, pigs, and goats |
10,000 square feet | Two (2) animals plus one animal for each additional three thousand (3,000) square feet of lot area |
| Small domestic animals such as rabbits and poultry (c) |
5,000 square feet | Ten (10) animals plus one animal for each additional five hundred (500) square feet of lot area |
| Household pets limited to dogs and cats (d) |
No minimum | Four (4) dogs and/or four (4) cats per dwelling unit |
(a)No animal other than those listed in this section may be kept without first securing a Special Permit.
(b)Permitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.
(c)No crowing rooster may be kept in any RS, RM or R2 zone.
(d)No limitations shall be placed upon household pets whose normal place of abode is within the dwelling units, such as caged birds, caged rodents, fish, reptiles and amphibia confined to aquaria and terraria.
(Former Section CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66)
43.3.6 Young Animal Substitution Schedule. The maximum animal densities permitted under subsection 43.3.5 may be modified by substituting young animals according to the following schedule: (Former Section CZ#A314-3(F))
| YOUNG ANIMAL SUBSTITUTION SCHEDULE | |
| ANIMAL TYPE | PERMITTED SUBSTITUTION |
| Large domestic animals including cows and horses |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| Medium-sized domestic animals including sheep, pigs, and goats |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| Small domestic animals including rabbits and poultry. |
For each one (1) adult animal three (3) young animals less than three (3) months old may be substituted. |
| Household pets. | Not applicable; No limit on dogs or cats less than four(4)months old. |
43.3.7 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in areas zoned residential shall have the minimum setbacks specified in the Animal Enclosure Setback Table. The Animal Enclosure
Setback Table is incorporated into this section, and all references to this section shall include reference to it. (Former Section CZ#A314-3(G))
| ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
|---|---|---|---|
| ANIMAL ENCLOSURE LOCATION |
LARGE DOMESTIC ANIMALS |
MEDIUM DOMESTIC ANIMALS |
SMALL DOMESTIC ANIMALS |
| Distance from Dwelling |
50 feet | 50 feet | 25 feet |
| Distance from Front Lot Line |
50 feet | 50 feet | 50 feet |
| Distance from Side Lot Line |
20 feet | 20 feet | 10 feet |
| Distance from Rear Lot Line |
20 feet | 20 feet | 10 feet |
(a)Animal enclosure includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.
43.3.8 Animal Slaughtering. Killing or dressing of large and medium-sized animals as specified in Section 313-43.3.5 is prohibited in RS, R2 and RM Zones. (Former Section CZ#A314-3(H)) Your Selections
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43.1 ACCESSORY USES ¶
- (See also, Section 313 69.1, Accessory Structures)
43.1.1 Purpose. The purpose of these provisions is to specify the uses that are permitted as accessory to the permitted uses in the principal zones, and to establish the regulations that apply to the permitted accessory uses. (Former Section CZ#A314-2(A); Ord. 1623, Sec. 1, 12/13/83; amended by Ord. 1726, Sec. 1, 3/4/86)
43.1.2 Accessory Uses Encompassed By Principal Use. In addition to the principal uses expressly set forth in a use classification, each use classification shall be deemed to include such accessory uses as are specifically identified by these regulations, and such other accessory uses as are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. The Director shall determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Director’s evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use. Where these regulations are unclear, a Special Permit may be submitted and processed to a decision for a proposed accessory use per Section 311-4 of this Code. (Former Section CZ#A314-2(B))
43.1.3 Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the same manner as the principal uses within each use classification, except as otherwise expressly provided by these regulations. (Former Section CZ#A314-2(C); Ord. 519, Sec. 601, 5/11/65; Ord. 1662, Sec. l, 11/27/84)
43.1.4 Permitted Accessory Uses in All Zones. The following accessory uses shall be permitted in all zones, except as otherwise stated, and shall be subject to all other County permit requirements, including grading permits for grading projects: (Former Section CZ#A314-2(D))
43.1.4.1Grading, fill or excavation or major vegetation removal for the construction of any building or structure for which a necessary building permit has been issued. (Former Section CZ#A314-2(D)(4))
43.1.4.2Grading, fill or excavation which is all or part of a grading operation necessary to bring the contours of a proposed land subdivision to the grade shown on an approved tentative subdivision plan. (Former Section CZ#A314-2(D)(5))
43.1.4.3Excavation, grading or streambed skimming that is exempt from provisions of the Surface Mining and Reclamation Regulations and which is normally accessory to a principal permitted use type in the adopted zoning district. (Former Section CZ#A314-2(D)(6))
43.1.4.4Temporary accessory uses as permitted by the Temporary Use regulations in this Code. (Former Section CZ#A314-2(D)(7))
43.1.5 Permitted Residential Accessory Uses. The following accessory uses shall be permitted in residential zones: (Former Section CZ#A314-2(E))
43.1.5.1Family Day Care; (Former Section CZ#A314-2(E)(1))
43.1.5.2Community Care Facilities; (Former Section CZ#A314-2(E)(2))
43.1.5.3Home Occupations; (Former Section CZ#A314-2(E)(7))
43.1.5.4Animal keeping as permitted under the provisions of Section 313-43.3, Animal Keeping. (Former Section CZ#A314-2(E)(8))
43.1.6 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (TC) Commercial Timberland, (TPZ) Timber Production, and (RA) Rural Residential Agricultural Zones: (Former Section CZ#A314-2(G))
43.1.6.1 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of two hundred (200) square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way. Roadside sales of agriculture products shall not be allowed on RA zoned parcels. (See also, Section 313-69.1, Accessory Structures.) (Former Section CZ#A314-2(G)(8))
43.1.6.2 Other Necessary and Customary Uses. Accessory uses in addition to those identified in this Section, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity, as determined by the Director. (Former Section CZ#A314-2(G)(10))
43.2 ALLOWED AGRICULTURAL ACTIVITIES NOT A NUISANCE (“RIGHT TO FARM ORDINANCE”)
43.2.1 Definitions. The following terms shall have the meaning established by this section and as defined in this Chapter. Section C: Index of Definitions of Language and Legal Terms. (From Section INL#316.2-1; Added by Ord. 1662. Sec 1, 11/27/84; Amended by
Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec 1, 1/14/97)
43.2.1.1Agricultural Land
43.2.1.2Agricultural Operation
43.2.2 Findings and Policy. ¶
43.2.2.1It is the declared policy of this County to enhance and encourage agricultural operations within the County. It is the intent of this County to provide to its residents notification of this County policy through adoption of this ordinance setting forth persons’ and/or entities’ right to farm. (From Section INL#316.2-2(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.2Where non-agricultural land uses extend into agricultural areas, or exist side by side, agricultural operations can be the subject of nuisance complaints by which the complainants seek to cease or curtail agricultural operations. Such actions discourage investments in farm improvements and act to the detriment of such adjacent agricultural uses, and the economic viability of the County’s agricultural industry as a whole. (From Section INL#316.2-2(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.3It is the purpose and intent of this section to reduce the loss to the County of its agricultural resources by limiting the circumstances under which existing and planned agricultural operations may be considered as a nuisance. This ordinance is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provision of State Law relative to nuisances. Rather, it is intended to be utilized in the interpretation and enforcement of the provisions of this Code and other County regulations. (From Section INL#316.2-2(C); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.4An additional purpose of this ordinance is to promote a good neighbor policy between agricultural and non-agricultural property uses by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such agricultural uses, including but not limited to the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. (From Section INL#316.2-2(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97
43.2.3 Nuisance. No agricultural activity, operations, or facility or appurtenances thereof, conducted or maintained for any agricultural purpose in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, pursuant to the Humboldt County Code after the same has been in operation for more than three years (3yr) if the activity was not a nuisance when it began. (From Section INL#316.2-3; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4 Disclosure. ¶
43.2.4.1Humboldt County is an agricultural county with many areas planned and zoned for agricultural operations. The presence of farms, ranches and timberland yields significant aesthetic and economic benefits to the health and welfare of the residents of the County. In accordance with the findings in subsection 43.2.2, this County’s agriculture must be protected, including in areas where it is near residential development. This is accomplished in part by the adoption of subsection 43.2.3, which provides that properly conducted agricultural operations will not be deemed a nuisance. (From Section INL#316.2-4(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.2This section further requires sellers of real property to give notice of this ordinance and its provisions to buyers of real property located in Humboldt County. The notice shall be in substantially the following form:
“You are hereby notified that if the property you are purchasing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of Humboldt County Community Development Services. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.”
(From Section INL#316.2-4(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3The statement set forth in the foregoing subsection 313-43.2.4.2 shall be used under the following circumstances and in the following manners.
43.2.4.3.1Upon any transfer of real property or any portion thereof by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground sale lease coupled with improvements, or residential stock cooperative improved with dwelling units, the transferor shall require that a statement containing the language set forth in subsection 313-43.2.4.2 shall be signed by the purchaser or lessee. (From Section INL#316.2-4(C)(1); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3.2Upon the issuance of a discretionary development permit, including but not limited to subdivision approvals, Use Permits & Special Permits, for use on or adjacent to lands designated and/or zoned for agricultural operations, the discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the Disclosure set out in subsection 313-43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (From Section INL#316.2-4(C)(2 Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.4The disclosure statement as set forth in subsection 313-43.2.4.2, and required by this Chapter shall be made on a copy of, or attached to the Real Estate Transfer Disclosure Statement required by Section 1102.6 of the Civil Code, relating to real property. In situations in which the Real Estate Disclosure statement set forth in Civil Code Section 1102 is not required, notice shall be given on or accompanying any other required disclosure documents or, if none, with the deed transferring the interest in the property. A form for the notice is available from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (From Section INL#316.2-4(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.5 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance. (From Section INL#316.2-5; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.6 Precedence. This ordinance shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith, to the extent of the conflict and no more. (From Section INL#316.2-6; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7 Mediation. ¶
43.2.7.1It is suggested, and expected by the County and the Courts that an attempt to resolve any dispute which arises under or is governed by this Chapter of the Code be subjected to mediation or other attempt at dispute resolution by the parties. Such utilization of a mediation process shall be at the expense of the parties and shall be completed in a reasonable time frame before litigation may be pursued. This mediation process is not a mandatory prerequisite to pursuing alternative legal remedies. (From Section INL#316.27(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7.2At a minimum, any party making a complaint alleging that an agricultural operation constitutes a nuisance, shall have informed the operator of the alleged nuisance as to the specific complaints of the party making the complaint. This process shall include, at a minimum the sending of a certified letter, containing the details of the complaint, and suggesting a proposed resolution of the problem which the complaining party perceives to exist. This requirement is a mandatory prerequisite to the filing of any civil action for nuisance. (From Section INL#316.2-7(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.8 Violation of the Disclosure Provisions of Subsection 313-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Subsection 313-43.2.4 shall be an infraction. The punishment for such a violation shall be subject to the maximum penalties set by State Law for an infraction (see, Penal Code Section 19c, or any successor provision thereto). The violation shall not be punished as a misdemeanor. (From Section INL#316.2-8; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.9Model Notice for Use in Complying with this Section:
(From Section INL#316.2-9; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
NOTICE AND ACKNOWLEDGMENT REGARDING AGRICULTURAL ACTIVITIES IN HUMBOLDT COUNTY
File Number___________________________________; Case Number:________________________________
This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code Section 313-43.2. The purpose of this notice is to inform owners and purchasers of real property that there may be an impact on their property from adjacent agricultural activities. For full information about the ordinance, please read the full text of Section 313-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 313-43.2.4:
f Section 313-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 313-43.2.4:
You are hereby notified that, if the property you are purchasing or developing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers for transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of Humboldt County Community Development Services. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.
Dated:________________________
______________________________ Signature of Seller(s) (if property transfer)
______________________________ Print name(s)
Dated:__________________________
________________________________ Signature(s) of purchaser or owner(s)/owners' representative
________________________________ Print name(s)
Please note that Section 313-43.2 of the County Code does not require recording this document. However, a seller of property may wish to record this document with other disclosure documents as proof of compliance with this Code section.
43.3 ANIMAL KEEPING ¶
43.3.1 Purpose. The purpose of these provisions is to regulate the density of animals and the setbacks of animal enclosures in residential zones (RM, R2 and RS) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (Former Section CZ#A314-3(A))
43.3.2 General Health Regulations. All animals must be kept in a manner so as not to constitute a private or public nuisance and must be afforded food and care in sanitary facilities. (Former Section CZ#A314-3(B))
43.3.3 Animals in Agriculture and Timber Zones. Nothing in this section shall limit the keeping of animals in agriculture and timber zones. (Former Section CZ#A314-3(C))
43.3.4 Domestic Animals in Residential Zones. Domestic animals may be kept as an accessory use in any residential zone where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied. (Former Section CZ#A3143(D))
43.3.5 Minimum Lot Size and Animal Density Requirements. Animal keeping in RS, RM and R2 residential zones shall be limited according to the Animal Density Table. The Animal Density Table is incorporated into this section, and all references to this section shall include references to it. (Former Section CZ#A314-3(E))
| ANIMAL DENSITY TABLE | ||
| ANIMAL TYPE | MINIMUM LOT SIZE | MAXIMUM ANIMAL DENSITY |
| Large domestic bovine and equine animals |
one (1) acre | Two (two) animals plus one animal for each additional twenty thousand (20,000) square feet of lot area |
| Medium sized domestic animals, such as sheep, pigs, and goats |
10,000 square feet | Two (2) animals plus one animal for each additional three thousand (3,000) square feet of lot area |
| Small domestic animals such as rabbits and poultry (c) |
5,000 square feet | Ten (10) animals plus one animal for each additional five hundred (500) square feet of lot area |
| Household pets limited to dogs and cats (d) |
No minimum | Four (4) dogs and/or four (4) cats per dwelling unit |
(a)No animal other than those listed in this section may be kept without first securing a Special Permit.
(b)Permitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.
(c)No crowing rooster may be kept in any RS, RM or R2 zone.
(d)No limitations shall be placed upon household pets whose normal place of abode is within the dwelling units, such as caged birds, caged rodents, fish, reptiles and amphibia confined to aquaria and terraria.
(Former Section CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66)
43.3.6 Young Animal Substitution Schedule. The maximum animal densities permitted under subsection 43.3.5 may be modified by substituting young animals according to the following schedule: (Former Section CZ#A314-3(F))
| YOUNG ANIMAL SUBSTITUTION SCHEDULE | |
| ANIMAL TYPE | PERMITTED SUBSTITUTION |
| Large domestic animals including cows and horses |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| Medium-sized domestic animals including sheep, pigs, and goats |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| Small domestic animals including rabbits and poultry. |
For each one (1) adult animal three (3) young animals less than three (3) months old may be substituted. |
| Household pets. | Not applicable; No limit on dogs or cats less than four(4)months old. |
43.3.7 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in areas zoned residential shall have the minimum setbacks specified in the Animal Enclosure Setback Table. The Animal Enclosure
Setback Table is incorporated into this section, and all references to this section shall include reference to it. (Former Section CZ#A314-3(G))
| ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
|---|---|---|---|
| ANIMAL ENCLOSURE LOCATION |
LARGE DOMESTIC ANIMALS |
MEDIUM DOMESTIC ANIMALS |
SMALL DOMESTIC ANIMALS |
| Distance from Dwelling |
50 feet | 50 feet | 25 feet |
| Distance from Front Lot Line |
50 feet | 50 feet | 50 feet |
| Distance from Side Lot Line |
20 feet | 20 feet | 10 feet |
| Distance from Rear Lot Line |
20 feet | 20 feet | 10 feet |
(a)Animal enclosure includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.
43.3.8 Animal Slaughtering. Killing or dressing of large and medium-sized animals as specified in Section 313-43.3.5 is prohibited in RS, R2 and RM Zones. (Former Section CZ#A314-3(H)) Your Selections
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43.1 ACCESSORY USES ¶
- (See also, Section 313 69.1, Accessory Structures)
43.1.1 Purpose. The purpose of these provisions is to specify the uses that are permitted as accessory to the permitted uses in the principal zones, and to establish the regulations that apply to the permitted accessory uses. (Former Section CZ#A314-2(A); Ord. 1623, Sec. 1, 12/13/83; amended by Ord. 1726, Sec. 1, 3/4/86)
43.1.2 Accessory Uses Encompassed By Principal Use. In addition to the principal uses expressly set forth in a use classification, each use classification shall be deemed to include such accessory uses as are specifically identified by these regulations, and such other accessory uses as are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such principal uses. The Director shall determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, based on the Director’s evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use. Where these regulations are unclear, a Special Permit may be submitted and processed to a decision for a proposed accessory use per Section 311-4 of this Code. (Former Section CZ#A314-2(B))
43.1.3 Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the same manner as the principal uses within each use classification, except as otherwise expressly provided by these regulations. (Former Section CZ#A314-2(C); Ord. 519, Sec. 601, 5/11/65; Ord. 1662, Sec. l, 11/27/84)
43.1.4 Permitted Accessory Uses in All Zones. The following accessory uses shall be permitted in all zones, except as otherwise stated, and shall be subject to all other County permit requirements, including grading permits for grading projects: (Former Section CZ#A314-2(D))
43.1.4.1Grading, fill or excavation or major vegetation removal for the construction of any building or structure for which a necessary building permit has been issued. (Former Section CZ#A314-2(D)(4))
43.1.4.2Grading, fill or excavation which is all or part of a grading operation necessary to bring the contours of a proposed land subdivision to the grade shown on an approved tentative subdivision plan. (Former Section CZ#A314-2(D)(5))
43.1.4.3Excavation, grading or streambed skimming that is exempt from provisions of the Surface Mining and Reclamation Regulations and which is normally accessory to a principal permitted use type in the adopted zoning district. (Former Section CZ#A314-2(D)(6))
43.1.4.4Temporary accessory uses as permitted by the Temporary Use regulations in this Code. (Former Section CZ#A314-2(D)(7))
43.1.5 Permitted Residential Accessory Uses. The following accessory uses shall be permitted in residential zones: (Former Section CZ#A314-2(E))
43.1.5.1Family Day Care; (Former Section CZ#A314-2(E)(1))
43.1.5.2Community Care Facilities; (Former Section CZ#A314-2(E)(2))
43.1.5.3Home Occupations; (Former Section CZ#A314-2(E)(7))
43.1.5.4Animal keeping as permitted under the provisions of Section 313-43.3, Animal Keeping. (Former Section CZ#A314-2(E)(8))
43.1.6 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (TC) Commercial Timberland, (TPZ) Timber Production, and (RA) Rural Residential Agricultural Zones: (Former Section CZ#A314-2(G))
43.1.6.1 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of two hundred (200) square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way. Roadside sales of agriculture products shall not be allowed on RA zoned parcels. (See also, Section 313-69.1, Accessory Structures.) (Former Section CZ#A314-2(G)(8))
43.1.6.2 Other Necessary and Customary Uses. Accessory uses in addition to those identified in this Section, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity, as determined by the Director. (Former Section CZ#A314-2(G)(10))
43.2 ALLOWED AGRICULTURAL ACTIVITIES NOT A NUISANCE (“RIGHT TO FARM ORDINANCE”)
43.2.1 Definitions. The following terms shall have the meaning established by this section and as defined in this Chapter. Section C: Index of Definitions of Language and Legal Terms. (From Section INL#316.2-1; Added by Ord. 1662. Sec 1, 11/27/84; Amended by
Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec 1, 1/14/97)
43.2.1.1Agricultural Land
43.2.1.2Agricultural Operation
43.2.2 Findings and Policy. ¶
43.2.2.1It is the declared policy of this County to enhance and encourage agricultural operations within the County. It is the intent of this County to provide to its residents notification of this County policy through adoption of this ordinance setting forth persons’ and/or entities’ right to farm. (From Section INL#316.2-2(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.2Where non-agricultural land uses extend into agricultural areas, or exist side by side, agricultural operations can be the subject of nuisance complaints by which the complainants seek to cease or curtail agricultural operations. Such actions discourage investments in farm improvements and act to the detriment of such adjacent agricultural uses, and the economic viability of the County’s agricultural industry as a whole. (From Section INL#316.2-2(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.3It is the purpose and intent of this section to reduce the loss to the County of its agricultural resources by limiting the circumstances under which existing and planned agricultural operations may be considered as a nuisance. This ordinance is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provision of State Law relative to nuisances. Rather, it is intended to be utilized in the interpretation and enforcement of the provisions of this Code and other County regulations. (From Section INL#316.2-2(C); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.4An additional purpose of this ordinance is to promote a good neighbor policy between agricultural and non-agricultural property uses by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such agricultural uses, including but not limited to the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. (From Section INL#316.2-2(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97
43.2.3 Nuisance. No agricultural activity, operations, or facility or appurtenances thereof, conducted or maintained for any agricultural purpose in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, pursuant to the Humboldt County Code after the same has been in operation for more than three years (3yr) if the activity was not a nuisance when it began. (From Section INL#316.2-3; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4 Disclosure. ¶
43.2.4.1Humboldt County is an agricultural county with many areas planned and zoned for agricultural operations. The presence of farms, ranches and timberland yields significant aesthetic and economic benefits to the health and welfare of the residents of the County. In accordance with the findings in subsection 43.2.2, this County’s agriculture must be protected, including in areas where it is near residential development. This is accomplished in part by the adoption of subsection 43.2.3, which provides that properly conducted agricultural operations will not be deemed a nuisance. (From Section INL#316.2-4(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.2This section further requires sellers of real property to give notice of this ordinance and its provisions to buyers of real property located in Humboldt County. The notice shall be in substantially the following form:
“You are hereby notified that if the property you are purchasing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of Humboldt County Community Development Services. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.”
(From Section INL#316.2-4(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3The statement set forth in the foregoing subsection 313-43.2.4.2 shall be used under the following circumstances and in the following manners.
43.2.4.3.1Upon any transfer of real property or any portion thereof by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground sale lease coupled with improvements, or residential stock cooperative improved with dwelling units, the transferor shall require that a statement containing the language set forth in subsection 313-43.2.4.2 shall be signed by the purchaser or lessee. (From Section INL#316.2-4(C)(1); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3.2Upon the issuance of a discretionary development permit, including but not limited to subdivision approvals, Use Permits & Special Permits, for use on or adjacent to lands designated and/or zoned for agricultural operations, the discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the Disclosure set out in subsection 313-43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (From Section INL#316.2-4(C)(2 Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.4The disclosure statement as set forth in subsection 313-43.2.4.2, and required by this Chapter shall be made on a copy of, or attached to the Real Estate Transfer Disclosure Statement required by Section 1102.6 of the Civil Code, relating to real property. In situations in which the Real Estate Disclosure statement set forth in Civil Code Section 1102 is not required, notice shall be given on or accompanying any other required disclosure documents or, if none, with the deed transferring the interest in the property. A form for the notice is available from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (From Section INL#316.2-4(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.5 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance. (From Section INL#316.2-5; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.6 Precedence. This ordinance shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith, to the extent of the conflict and no more. (From Section INL#316.2-6; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7 Mediation. ¶
43.2.7.1It is suggested, and expected by the County and the Courts that an attempt to resolve any dispute which arises under or is governed by this Chapter of the Code be subjected to mediation or other attempt at dispute resolution by the parties. Such utilization of a mediation process shall be at the expense of the parties and shall be completed in a reasonable time frame before litigation may be pursued. This mediation process is not a mandatory prerequisite to pursuing alternative legal remedies. (From Section INL#316.27(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7.2At a minimum, any party making a complaint alleging that an agricultural operation constitutes a nuisance, shall have informed the operator of the alleged nuisance as to the specific complaints of the party making the complaint. This process shall include, at a minimum the sending of a certified letter, containing the details of the complaint, and suggesting a proposed resolution of the problem which the complaining party perceives to exist. This requirement is a mandatory prerequisite to the filing of any civil action for nuisance. (From Section INL#316.2-7(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.8 Violation of the Disclosure Provisions of Subsection 313-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Subsection 313-43.2.4 shall be an infraction. The punishment for such a violation shall be subject to the maximum penalties set by State Law for an infraction (see, Penal Code Section 19c, or any successor provision thereto). The violation shall not be punished as a misdemeanor. (From Section INL#316.2-8; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.9Model Notice for Use in Complying with this Section:
(From Section INL#316.2-9; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
NOTICE AND ACKNOWLEDGMENT REGARDING AGRICULTURAL ACTIVITIES IN HUMBOLDT COUNTY
File Number___________________________________; Case Number:________________________________
This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code Section 313-43.2. The purpose of this notice is to inform owners and purchasers of real property that there may be an impact on their property from adjacent agricultural activities. For full information about the ordinance, please read the full text of Section 313-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 313-43.2.4:
f Section 313-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 313-43.2.4:
You are hereby notified that, if the property you are purchasing or developing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers for transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of Humboldt County Community Development Services. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.
Dated:________________________
______________________________ Signature of Seller(s) (if property transfer)
______________________________ Print name(s)
Dated:__________________________
________________________________ Signature(s) of purchaser or owner(s)/owners' representative
________________________________ Print name(s)
Please note that Section 313-43.2 of the County Code does not require recording this document. However, a seller of property may wish to record this document with other disclosure documents as proof of compliance with this Code section.
43.3 ANIMAL KEEPING ¶
43.3.1 Purpose. The purpose of these provisions is to regulate the density of animals and the setbacks of animal enclosures in residential zones (RM, R2 and RS) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (Former Section CZ#A314-3(A))
43.3.2 General Health Regulations. All animals must be kept in a manner so as not to constitute a private or public nuisance and must be afforded food and care in sanitary facilities. (Former Section CZ#A314-3(B))
43.3.3 Animals in Agriculture and Timber Zones. Nothing in this section shall limit the keeping of animals in agriculture and timber zones. (Former Section CZ#A314-3(C))
43.3.4 Domestic Animals in Residential Zones. Domestic animals may be kept as an accessory use in any residential zone where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied. (Former Section CZ#A3143(D))
43.3.5 Minimum Lot Size and Animal Density Requirements. Animal keeping in RS, RM and R2 residential zones shall be limited according to the Animal Density Table. The Animal Density Table is incorporated into this section, and all references to this section shall include references to it. (Former Section CZ#A314-3(E))
| ANIMAL DENSITY TABLE | ||
| ANIMAL TYPE | MINIMUM LOT SIZE | MAXIMUM ANIMAL DENSITY |
| Large domestic bovine and equine animals |
one (1) acre | Two (two) animals plus one animal for each additional twenty thousand (20,000) square feet of lot area |
| Medium sized domestic animals, such as sheep, pigs, and goats |
10,000 square feet | Two (2) animals plus one animal for each additional three thousand (3,000) square feet of lot area |
| Small domestic animals such as rabbits and poultry (c) |
5,000 square feet | Ten (10) animals plus one animal for each additional five hundred (500) square feet of lot area |
| Household pets limited to dogs and cats (d) |
No minimum | Four (4) dogs and/or four (4) cats per dwelling unit |
(a)No animal other than those listed in this section may be kept without first securing a Special Permit.
(b)Permitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.
(c)No crowing rooster may be kept in any RS, RM or R2 zone.
(d)No limitations shall be placed upon household pets whose normal place of abode is within the dwelling units, such as caged birds, caged rodents, fish, reptiles and amphibia confined to aquaria and terraria.
(Former Section CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66)
43.3.6 Young Animal Substitution Schedule. The maximum animal densities permitted under subsection 43.3.5 may be modified by substituting young animals according to the following schedule: (Former Section CZ#A314-3(F))
| YOUNG ANIMAL SUBSTITUTION SCHEDULE | |
| ANIMAL TYPE | PERMITTED SUBSTITUTION |
| Large domestic animals including cows and horses |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| Medium-sized domestic animals including sheep, pigs, and goats |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| Small domestic animals including rabbits and poultry. |
For each one (1) adult animal three (3) young animals less than three (3) months old may be substituted. |
| Household pets. | Not applicable; No limit on dogs or cats less than four(4)months old. |
43.3.7 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in areas zoned residential shall have the minimum setbacks specified in the Animal Enclosure Setback Table. The Animal Enclosure
Setback Table is incorporated into this section, and all references to this section shall include reference to it. (Former Section CZ#A314-3(G))
| ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
ANIMAL ENCLOSURE (a)~~S~~ETBACK TABLE |
|---|---|---|---|
| ANIMAL ENCLOSURE LOCATION |
LARGE DOMESTIC ANIMALS |
MEDIUM DOMESTIC ANIMALS |
SMALL DOMESTIC ANIMALS |
| Distance from Dwelling |
50 feet | 50 feet | 25 feet |
| Distance from Front Lot Line |
50 feet | 50 feet | 50 feet |
| Distance from Side Lot Line |
20 feet | 20 feet | 10 feet |
| Distance from Rear Lot Line |
20 feet | 20 feet | 10 feet |
(a)Animal enclosure includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.
43.3.8 Animal Slaughtering. Killing or dressing of large and medium-sized animals as specified in Section 313-43.3.5 is prohibited in RS, R2 and RM Zones. (Former Section CZ#A314-3(H)) Your Selections
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45.1 COASTAL-DEPENDENT INDUSTRIAL DEVELOPMENT ¶
45.1.1 Purpose. The purpose of these regulations is to ensure that Coastal-Dependent Industrial Development shall be located within, contiguous with, or in close proximity to, existing developed industrial areas, or where such areas are not able to accommodate it, to locate such development in other areas with adequate public services and where it will not have significant adverse effects on coastal resources. (Former Section CZ#A314-5(A))
45.1.2 Applicability. The provisions of these regulations shall apply in all zones in which Coastal-Dependent Industrial use types and Coastal-Related use types are permitted. (Former Section CZ#A314-5(B))
45.1.3 Environmental Review to Include Alternative Site Study. Coastal-Dependent and Coastal-Related Industrial Developments shall be subject to the following requirements, in addition to California Environmental Quality Act requirements: (Former Section CZ#A314-5(C))
45.1.3.1The initial environmental study and subsequent environmental documents shall include, at a minimum, a comparative evaluation of appropriately designated alternative locations to the project site; (Former Section CZ#A314-5(C)(1))
45.1.3.2Alternative sites included in the evaluations shall include, at a minimum, those sites identified by the following agencies, from whom input shall be solicited: (Former Section CZ#A314-5(C)(2))
45.1.3.2.1California Coastal Commission, (Former Section CZ#A314-5(C)(2)(a))
45.1.3.2.2Humboldt Bay Harbor Recreation and Conservation District, (Former Section CZ#A314-5(C)(2)(b))
45.1.3.2.3Army Corps of Engineers, and (Former Section CZ#A314-5(C)(2)(c))
45.1.3.2.4Humboldt County Planning Division. (Former Section CZ#A314-5(C)(2)(d))
45.1.3.3Alternative sites shall be classified in accordance with the following priority schedule: (Former Section CZ#A314-5(C)(3))
45.1.3.3.1Priority 1 Sites.
Sites with existing facilities suitable to accommodate the proposed use, or that could accommodate the proposed use with minor alteration or through expansion of the existing facilities;
45.1.3.3.2Priority 2 Sites.
Sites which require construction of new facilities to accommodate the proposed use, but which do not require conversion of wetlands. Within this category, preferred sites are those requiring least alteration (e.g., dredging, grading, habitat modification);
45.1.3.3.3Priority 3 Sites.
Sites where the proposed use could be accommodated only through the conversion of wetlands;
45.1.3.3.4Priority 4 Sites
Sites where the proposed use could be accommodated only through the dredging of a new deep water channel.
45.1.4 Public Acquisition of Priority Sites. Where appropriate, the Humboldt Bay Harbor Recreation and Conservation District shall be petitioned by the County to consider exercising its right of eminent domain to acquire and manage the site as identified pursuant to Section 313-45.1.3. (Former Section CZ#A314-5(D))
45.1.5 Required Findings. Coastal-Dependent Industrial Uses and Coastal-Related Industrial Uses shall be approved only if the applicable Industrial Development Findings of Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A3145(E))
45.1.6 Marine Petroleum Transfer Facilities Prohibited. The applicable Industrial Development Findings shall be made prior to approval of new, or expansions to existing marine petroleum transfer facilities and marine transfer facilities for other hazardous liquids. (Former Section CZ#A314-5(F))
45.1.7 Required Mitigations. The coastal-dependent industrial and coastal-related industrial facilities shall be designed and operated to incorporate the following mitigation measures, as applicable: (Former Section CZ#A314-5(G))
45.1.7.1Adverse environmental effects will be mitigated to the maximum extent feasible and will conform to the applicable provisions of the Special Area Combining Zone Regulations, and the other resource protection regulations of this division; (Former Section CZ#A314-5(G)(1))
45.1.7.2Maximum feasible and legally permissible multi-company use shall occur; (Former Section CZ#A314-5(G)(2))
45.1.7.3The total volume of oil spilled shall be minimized; (Former Section CZ#A314-5(G)(3))
45.1.7.4Approved facilities shall have ready access to the most effective feasible containment and recovery equipment for spills; (Former Section CZ#A314-5(G)(4))
45.1.7.5Approved facilities shall have onshore deballasting facilities to receive fouled ballast water from tankers where operationally or legally required; (Former Section CZ#A314-5(G)(5))
45.1.7.6New development or expansion of marine petroleum transfer facilities will not increase the risk of an oil spill to Humboldt Bay; (Former Section CZ#A314-5(G)(6))
45.1.7.7Where expansion of existing marine petroleum transfer facilities or construction of new facilities may result in an increased risk of spill associated with the expanded facility, such risk will be mitigated through alteration of existing operations. (Former Section CZ#A314-5(G)(7))
45.2 COTTAGE INDUSTRY ¶
45.2.1 Purpose. The purpose of these regulations is to establish development standards and limitations for the operation and maintenance of cottage industries in the Coastal Zone of Humboldt County. (Former Section CZ#A314-12(A))
45.2.2 Applicability. The provisions of these regulations shall apply in all zones in which the cottage industry use type is permitted. (Former Section CZ#A314-12(B))
45.2.3 Performance Standards For Cottage Industries Allowed As Appurtenant And Accessory Use. Cottage Industries allowed as a principally permitted appurtenant and accessory use to the residential use shall comply with all the following performance standards in addition to the applicable Industrial Performance Standards of Section 313-103.1: (Former Section CZ#A314-12(C)(1); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section CZ#A314-12(C)(1)(a); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.2The dwelling on the site shall be occupied by the owner of the cottage industry. (Former Section CZ#A314-12(C)(1)(b); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.3The Cottage Industry shall occupy no more than twenty-five percent (25%) or one thousand (1,000) square feet (whichever is less) of the floor area of the dwelling or accessory structure; and (Former Section CZ#A314-12(C)(1)(c); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.4The cottage industry shall not produce evidence of its existence in the external appearance of the dwelling or premises, or in the creation of noise, odors, smoke or other nuisances to a degree greater than that normal for the neighborhood; and (Former Section CZ#A314-12(C)(1)(d); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.5There shall be no structural, electrical or plumbing alterations necessary for the Cottage Industry which are not customarily found in dwellings or residential accessory structures; and (Former Section CZ#A314-12(C)(1)(e); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.6No persons other than residents of the dwelling shall be employed to conduct the Cottage Industry; and (Former Section CZ#A314-12(C)(1)(f); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.7There shall be no articles sold on the premises; and (Former Section CZ#A314-12(C)(1)(g); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.8All noise generating operations shall be buffered so that they do not exceed the exterior ambient noise level anywhere on the site by more than 5 dB(a), or an equivalent standard which achieves comparable results; and (Former Section CZ#A314-12(C)(1)(h); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.9All lights shall be directed on-site and shielded to reduce glare to adjacent areas; and (Former Section CZ#A314-12(C)(1)(i); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.10The use shall not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which it is located; and (Former Section CZ#A314-12(C)(1)(j); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.11No perceptible vibrations shall be permitted off the building site; and (Former Section CZ#A314-12(C)(1)(k); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.12No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section CZ#A31412(C)(1)(l); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.13A business license shall be required for the Cottage Industry. (Former Section CZ#A314-12(C)(1)(m); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.14The cottage industry shall not significantly increase demand for, or require significant amounts of additional services including water, sewer, septic, or wastewater treatment. (Ord. 2167, § 24, 4/7/1998)
45.2.4No coastal development permit is required for cottage industries that conform with the performance standards in the preceding - section (313 45.2.3) if established in an existing permitted residence or accessory structure. A coastal development permit will be required for a new accessory structure or enlarged residence in which such cottage industry is to be located that is not otherwise exempt from coastal development permit requirements pursuant to Title 14, California Code of Regulations Section 13250(b).
45.2.5 Performance Standards For Cottage Industries Allowed As Accessory Uses With a Coastal Development Permit. Cottage Industries that meet all the following performance standards in addition to the applicable Industrial Performance Standards of Section 313-103.1, may be permitted as accessory uses to any residential use with a Coastal Development Permit: (Former Section CZ#A31412(D); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.5.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section CZ#A314-12(D)(a))
45.2.5.2There shall be no articles sold on the premises. (Former Section CZ#A314-12(D)(b); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.5.3One nameplate, attached to the structure, is permitted advertising the cottage industry, not exceeding two (2) square feet, that is non-moving, and which has illumination, if any, which is indirect and non-flashing. (Former Section CZ#A314-12(D)(c))
45.2.5.4The total land area occupied by the cottage industry shall not exceed two (2) acres, including portions of the lot occupied by buildings, storage areas, and work places devoted to the cottage industry. (Former Section CZ#A314-12(D)(d))
45.2.5.5A business license shall be approved for the Cottage Industry. (Former Section
CZ#A314-12(D)(e); Added by Ord. 2167, Sec. 24, 4/7/98)
45.2.6 Operational Standards.
45.2.6.1At a minimum, the Hearing Officer shall set the following operational standards as conditions of the Coastal Development Permit for a cottage industry. (Former Section CZ#A314-12(E); Amended by Ord. 2167, Sec. 24, 4/7/98)
The Hearing Officer may also condition the Coastal Development Permit as permitted by Chapter 2, Procedures, of this Code. (Former Section CZ#A314-12(E); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.6.1.1Number of employees; and (Former Section CZ#A314-12(E)(1))
45.2.6.1.2Hours of operation. (Former Section CZ#A314-12(E)(2)) Your Selections
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45.1 COASTAL-DEPENDENT INDUSTRIAL DEVELOPMENT ¶
45.1.1 Purpose. The purpose of these regulations is to ensure that Coastal-Dependent Industrial Development shall be located within, contiguous with, or in close proximity to, existing developed industrial areas, or where such areas are not able to accommodate it, to locate such development in other areas with adequate public services and where it will not have significant adverse effects on coastal resources. (Former Section CZ#A314-5(A))
45.1.2 Applicability. The provisions of these regulations shall apply in all zones in which Coastal-Dependent Industrial use types and Coastal-Related use types are permitted. (Former Section CZ#A314-5(B))
45.1.3 Environmental Review to Include Alternative Site Study. Coastal-Dependent and Coastal-Related Industrial Developments shall be subject to the following requirements, in addition to California Environmental Quality Act requirements: (Former Section CZ#A314-5(C))
45.1.3.1The initial environmental study and subsequent environmental documents shall include, at a minimum, a comparative evaluation of appropriately designated alternative locations to the project site; (Former Section CZ#A314-5(C)(1))
45.1.3.2Alternative sites included in the evaluations shall include, at a minimum, those sites identified by the following agencies, from whom input shall be solicited: (Former Section CZ#A314-5(C)(2))
45.1.3.2.1California Coastal Commission, (Former Section CZ#A314-5(C)(2)(a))
45.1.3.2.2Humboldt Bay Harbor Recreation and Conservation District, (Former Section CZ#A314-5(C)(2)(b))
45.1.3.2.3Army Corps of Engineers, and (Former Section CZ#A314-5(C)(2)(c))
45.1.3.2.4Humboldt County Planning Division. (Former Section CZ#A314-5(C)(2)(d))
45.1.3.3Alternative sites shall be classified in accordance with the following priority schedule: (Former Section CZ#A314-5(C)(3))
45.1.3.3.1Priority 1 Sites.
Sites with existing facilities suitable to accommodate the proposed use, or that could accommodate the proposed use with minor alteration or through expansion of the existing facilities;
45.1.3.3.2Priority 2 Sites.
Sites which require construction of new facilities to accommodate the proposed use, but which do not require conversion of wetlands. Within this category, preferred sites are those requiring least alteration (e.g., dredging, grading, habitat modification);
45.1.3.3.3Priority 3 Sites.
Sites where the proposed use could be accommodated only through the conversion of wetlands;
45.1.3.3.4Priority 4 Sites
Sites where the proposed use could be accommodated only through the dredging of a new deep water channel.
45.1.4 Public Acquisition of Priority Sites. Where appropriate, the Humboldt Bay Harbor Recreation and Conservation District shall be petitioned by the County to consider exercising its right of eminent domain to acquire and manage the site as identified pursuant to Section 313-45.1.3. (Former Section CZ#A314-5(D))
45.1.5 Required Findings. Coastal-Dependent Industrial Uses and Coastal-Related Industrial Uses shall be approved only if the applicable Industrial Development Findings of Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A3145(E))
45.1.6 Marine Petroleum Transfer Facilities Prohibited. The applicable Industrial Development Findings shall be made prior to approval of new, or expansions to existing marine petroleum transfer facilities and marine transfer facilities for other hazardous liquids. (Former Section CZ#A314-5(F))
45.1.7 Required Mitigations. The coastal-dependent industrial and coastal-related industrial facilities shall be designed and operated to incorporate the following mitigation measures, as applicable: (Former Section CZ#A314-5(G))
45.1.7.1Adverse environmental effects will be mitigated to the maximum extent feasible and will conform to the applicable provisions of the Special Area Combining Zone Regulations, and the other resource protection regulations of this division; (Former Section CZ#A314-5(G)(1))
45.1.7.2Maximum feasible and legally permissible multi-company use shall occur; (Former Section CZ#A314-5(G)(2))
45.1.7.3The total volume of oil spilled shall be minimized; (Former Section CZ#A314-5(G)(3))
45.1.7.4Approved facilities shall have ready access to the most effective feasible containment and recovery equipment for spills; (Former Section CZ#A314-5(G)(4))
45.1.7.5Approved facilities shall have onshore deballasting facilities to receive fouled ballast water from tankers where operationally or legally required; (Former Section CZ#A314-5(G)(5))
45.1.7.6New development or expansion of marine petroleum transfer facilities will not increase the risk of an oil spill to Humboldt Bay; (Former Section CZ#A314-5(G)(6))
45.1.7.7Where expansion of existing marine petroleum transfer facilities or construction of new facilities may result in an increased risk of spill associated with the expanded facility, such risk will be mitigated through alteration of existing operations. (Former Section CZ#A314-5(G)(7))
45.2 COTTAGE INDUSTRY ¶
45.2.1 Purpose. The purpose of these regulations is to establish development standards and limitations for the operation and maintenance of cottage industries in the Coastal Zone of Humboldt County. (Former Section CZ#A314-12(A))
45.2.2 Applicability. The provisions of these regulations shall apply in all zones in which the cottage industry use type is permitted. (Former Section CZ#A314-12(B))
45.2.3 Performance Standards For Cottage Industries Allowed As Appurtenant And Accessory Use. Cottage Industries allowed as a principally permitted appurtenant and accessory use to the residential use shall comply with all the following performance standards in addition to the applicable Industrial Performance Standards of Section 313-103.1: (Former Section CZ#A314-12(C)(1); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section CZ#A314-12(C)(1)(a); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.2The dwelling on the site shall be occupied by the owner of the cottage industry. (Former Section CZ#A314-12(C)(1)(b); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.3The Cottage Industry shall occupy no more than twenty-five percent (25%) or one thousand (1,000) square feet (whichever is less) of the floor area of the dwelling or accessory structure; and (Former Section CZ#A314-12(C)(1)(c); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.4The cottage industry shall not produce evidence of its existence in the external appearance of the dwelling or premises, or in the creation of noise, odors, smoke or other nuisances to a degree greater than that normal for the neighborhood; and (Former Section CZ#A314-12(C)(1)(d); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.5There shall be no structural, electrical or plumbing alterations necessary for the Cottage Industry which are not customarily found in dwellings or residential accessory structures; and (Former Section CZ#A314-12(C)(1)(e); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.6No persons other than residents of the dwelling shall be employed to conduct the Cottage Industry; and (Former Section CZ#A314-12(C)(1)(f); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.7There shall be no articles sold on the premises; and (Former Section CZ#A314-12(C)(1)(g); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.8All noise generating operations shall be buffered so that they do not exceed the exterior ambient noise level anywhere on the site by more than 5 dB(a), or an equivalent standard which achieves comparable results; and (Former Section CZ#A314-12(C)(1)(h); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.9All lights shall be directed on-site and shielded to reduce glare to adjacent areas; and (Former Section CZ#A314-12(C)(1)(i); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.10The use shall not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which it is located; and (Former Section CZ#A314-12(C)(1)(j); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.11No perceptible vibrations shall be permitted off the building site; and (Former Section CZ#A314-12(C)(1)(k); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.12No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section CZ#A31412(C)(1)(l); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.13A business license shall be required for the Cottage Industry. (Former Section CZ#A314-12(C)(1)(m); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.14The cottage industry shall not significantly increase demand for, or require significant amounts of additional services including water, sewer, septic, or wastewater treatment. (Ord. 2167, § 24, 4/7/1998)
45.2.4No coastal development permit is required for cottage industries that conform with the performance standards in the preceding - section (313 45.2.3) if established in an existing permitted residence or accessory structure. A coastal development permit will be required for a new accessory structure or enlarged residence in which such cottage industry is to be located that is not otherwise exempt from coastal development permit requirements pursuant to Title 14, California Code of Regulations Section 13250(b).
45.2.5 Performance Standards For Cottage Industries Allowed As Accessory Uses With a Coastal Development Permit. Cottage Industries that meet all the following performance standards in addition to the applicable Industrial Performance Standards of Section 313-103.1, may be permitted as accessory uses to any residential use with a Coastal Development Permit: (Former Section CZ#A31412(D); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.5.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section CZ#A314-12(D)(a))
45.2.5.2There shall be no articles sold on the premises. (Former Section CZ#A314-12(D)(b); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.5.3One nameplate, attached to the structure, is permitted advertising the cottage industry, not exceeding two (2) square feet, that is non-moving, and which has illumination, if any, which is indirect and non-flashing. (Former Section CZ#A314-12(D)(c))
45.2.5.4The total land area occupied by the cottage industry shall not exceed two (2) acres, including portions of the lot occupied by buildings, storage areas, and work places devoted to the cottage industry. (Former Section CZ#A314-12(D)(d))
45.2.5.5A business license shall be approved for the Cottage Industry. (Former Section
CZ#A314-12(D)(e); Added by Ord. 2167, Sec. 24, 4/7/98)
45.2.6 Operational Standards.
45.2.6.1At a minimum, the Hearing Officer shall set the following operational standards as conditions of the Coastal Development Permit for a cottage industry. (Former Section CZ#A314-12(E); Amended by Ord. 2167, Sec. 24, 4/7/98)
The Hearing Officer may also condition the Coastal Development Permit as permitted by Chapter 2, Procedures, of this Code. (Former Section CZ#A314-12(E); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.6.1.1Number of employees; and (Former Section CZ#A314-12(E)(1))
45.2.6.1.2Hours of operation. (Former Section CZ#A314-12(E)(2)) Your Selections
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45.1 COASTAL-DEPENDENT INDUSTRIAL DEVELOPMENT ¶
45.1.1 Purpose. The purpose of these regulations is to ensure that Coastal-Dependent Industrial Development shall be located within, contiguous with, or in close proximity to, existing developed industrial areas, or where such areas are not able to accommodate it, to locate such development in other areas with adequate public services and where it will not have significant adverse effects on coastal resources. (Former Section CZ#A314-5(A))
45.1.2 Applicability. The provisions of these regulations shall apply in all zones in which Coastal-Dependent Industrial use types and Coastal-Related use types are permitted. (Former Section CZ#A314-5(B))
45.1.3 Environmental Review to Include Alternative Site Study. Coastal-Dependent and Coastal-Related Industrial Developments shall be subject to the following requirements, in addition to California Environmental Quality Act requirements: (Former Section CZ#A314-5(C))
45.1.3.1The initial environmental study and subsequent environmental documents shall include, at a minimum, a comparative evaluation of appropriately designated alternative locations to the project site; (Former Section CZ#A314-5(C)(1))
45.1.3.2Alternative sites included in the evaluations shall include, at a minimum, those sites identified by the following agencies, from whom input shall be solicited: (Former Section CZ#A314-5(C)(2))
45.1.3.2.1California Coastal Commission, (Former Section CZ#A314-5(C)(2)(a))
45.1.3.2.2Humboldt Bay Harbor Recreation and Conservation District, (Former Section CZ#A314-5(C)(2)(b))
45.1.3.2.3Army Corps of Engineers, and (Former Section CZ#A314-5(C)(2)(c))
45.1.3.2.4Humboldt County Planning Division. (Former Section CZ#A314-5(C)(2)(d))
45.1.3.3Alternative sites shall be classified in accordance with the following priority schedule: (Former Section CZ#A314-5(C)(3))
45.1.3.3.1Priority 1 Sites.
Sites with existing facilities suitable to accommodate the proposed use, or that could accommodate the proposed use with minor alteration or through expansion of the existing facilities;
45.1.3.3.2Priority 2 Sites.
Sites which require construction of new facilities to accommodate the proposed use, but which do not require conversion of wetlands. Within this category, preferred sites are those requiring least alteration (e.g., dredging, grading, habitat modification);
45.1.3.3.3Priority 3 Sites.
Sites where the proposed use could be accommodated only through the conversion of wetlands;
45.1.3.3.4Priority 4 Sites
Sites where the proposed use could be accommodated only through the dredging of a new deep water channel.
45.1.4 Public Acquisition of Priority Sites. Where appropriate, the Humboldt Bay Harbor Recreation and Conservation District shall be petitioned by the County to consider exercising its right of eminent domain to acquire and manage the site as identified pursuant to Section 313-45.1.3. (Former Section CZ#A314-5(D))
45.1.5 Required Findings. Coastal-Dependent Industrial Uses and Coastal-Related Industrial Uses shall be approved only if the applicable Industrial Development Findings of Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A3145(E))
45.1.6 Marine Petroleum Transfer Facilities Prohibited. The applicable Industrial Development Findings shall be made prior to approval of new, or expansions to existing marine petroleum transfer facilities and marine transfer facilities for other hazardous liquids. (Former Section CZ#A314-5(F))
45.1.7 Required Mitigations. The coastal-dependent industrial and coastal-related industrial facilities shall be designed and operated to incorporate the following mitigation measures, as applicable: (Former Section CZ#A314-5(G))
45.1.7.1Adverse environmental effects will be mitigated to the maximum extent feasible and will conform to the applicable provisions of the Special Area Combining Zone Regulations, and the other resource protection regulations of this division; (Former Section CZ#A314-5(G)(1))
45.1.7.2Maximum feasible and legally permissible multi-company use shall occur; (Former Section CZ#A314-5(G)(2))
45.1.7.3The total volume of oil spilled shall be minimized; (Former Section CZ#A314-5(G)(3))
45.1.7.4Approved facilities shall have ready access to the most effective feasible containment and recovery equipment for spills; (Former Section CZ#A314-5(G)(4))
45.1.7.5Approved facilities shall have onshore deballasting facilities to receive fouled ballast water from tankers where operationally or legally required; (Former Section CZ#A314-5(G)(5))
45.1.7.6New development or expansion of marine petroleum transfer facilities will not increase the risk of an oil spill to Humboldt Bay; (Former Section CZ#A314-5(G)(6))
45.1.7.7Where expansion of existing marine petroleum transfer facilities or construction of new facilities may result in an increased risk of spill associated with the expanded facility, such risk will be mitigated through alteration of existing operations. (Former Section CZ#A314-5(G)(7))
45.2 COTTAGE INDUSTRY ¶
45.2.1 Purpose. The purpose of these regulations is to establish development standards and limitations for the operation and maintenance of cottage industries in the Coastal Zone of Humboldt County. (Former Section CZ#A314-12(A))
45.2.2 Applicability. The provisions of these regulations shall apply in all zones in which the cottage industry use type is permitted. (Former Section CZ#A314-12(B))
45.2.3 Performance Standards For Cottage Industries Allowed As Appurtenant And Accessory Use. Cottage Industries allowed as a principally permitted appurtenant and accessory use to the residential use shall comply with all the following performance standards in addition to the applicable Industrial Performance Standards of Section 313-103.1: (Former Section CZ#A314-12(C)(1); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section CZ#A314-12(C)(1)(a); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.2The dwelling on the site shall be occupied by the owner of the cottage industry. (Former Section CZ#A314-12(C)(1)(b); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.3The Cottage Industry shall occupy no more than twenty-five percent (25%) or one thousand (1,000) square feet (whichever is less) of the floor area of the dwelling or accessory structure; and (Former Section CZ#A314-12(C)(1)(c); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.4The cottage industry shall not produce evidence of its existence in the external appearance of the dwelling or premises, or in the creation of noise, odors, smoke or other nuisances to a degree greater than that normal for the neighborhood; and (Former Section CZ#A314-12(C)(1)(d); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.5There shall be no structural, electrical or plumbing alterations necessary for the Cottage Industry which are not customarily found in dwellings or residential accessory structures; and (Former Section CZ#A314-12(C)(1)(e); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.6No persons other than residents of the dwelling shall be employed to conduct the Cottage Industry; and (Former Section CZ#A314-12(C)(1)(f); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.7There shall be no articles sold on the premises; and (Former Section CZ#A314-12(C)(1)(g); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.8All noise generating operations shall be buffered so that they do not exceed the exterior ambient noise level anywhere on the site by more than 5 dB(a), or an equivalent standard which achieves comparable results; and (Former Section CZ#A314-12(C)(1)(h); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.9All lights shall be directed on-site and shielded to reduce glare to adjacent areas; and (Former Section CZ#A314-12(C)(1)(i); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.10The use shall not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which it is located; and (Former Section CZ#A314-12(C)(1)(j); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.11No perceptible vibrations shall be permitted off the building site; and (Former Section CZ#A314-12(C)(1)(k); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.12No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section CZ#A31412(C)(1)(l); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.13A business license shall be required for the Cottage Industry. (Former Section CZ#A314-12(C)(1)(m); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.3.14The cottage industry shall not significantly increase demand for, or require significant amounts of additional services including water, sewer, septic, or wastewater treatment. (Ord. 2167, § 24, 4/7/1998)
45.2.4No coastal development permit is required for cottage industries that conform with the performance standards in the preceding - section (313 45.2.3) if established in an existing permitted residence or accessory structure. A coastal development permit will be required for a new accessory structure or enlarged residence in which such cottage industry is to be located that is not otherwise exempt from coastal development permit requirements pursuant to Title 14, California Code of Regulations Section 13250(b).
45.2.5 Performance Standards For Cottage Industries Allowed As Accessory Uses With a Coastal Development Permit. Cottage Industries that meet all the following performance standards in addition to the applicable Industrial Performance Standards of Section 313-103.1, may be permitted as accessory uses to any residential use with a Coastal Development Permit: (Former Section CZ#A31412(D); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.5.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section CZ#A314-12(D)(a))
45.2.5.2There shall be no articles sold on the premises. (Former Section CZ#A314-12(D)(b); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.5.3One nameplate, attached to the structure, is permitted advertising the cottage industry, not exceeding two (2) square feet, that is non-moving, and which has illumination, if any, which is indirect and non-flashing. (Former Section CZ#A314-12(D)(c))
45.2.5.4The total land area occupied by the cottage industry shall not exceed two (2) acres, including portions of the lot occupied by buildings, storage areas, and work places devoted to the cottage industry. (Former Section CZ#A314-12(D)(d))
45.2.5.5A business license shall be approved for the Cottage Industry. (Former Section
CZ#A314-12(D)(e); Added by Ord. 2167, Sec. 24, 4/7/98)
45.2.6 Operational Standards.
45.2.6.1At a minimum, the Hearing Officer shall set the following operational standards as conditions of the Coastal Development Permit for a cottage industry. (Former Section CZ#A314-12(E); Amended by Ord. 2167, Sec. 24, 4/7/98)
The Hearing Officer may also condition the Coastal Development Permit as permitted by Chapter 2, Procedures, of this Code. (Former Section CZ#A314-12(E); Amended by Ord. 2167, Sec. 24, 4/7/98)
45.2.6.1.1Number of employees; and (Former Section CZ#A314-12(E)(1))
45.2.6.1.2Hours of operation. (Former Section CZ#A314-12(E)(2)) Your Selections
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46.1 DREDGE SPOILS DISPOSAL ¶
46.1.1 Purpose. The purpose of these regulations is to ensure that spoils disposal is planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation, that spoils discharge or disposal takes place in the least environmentally damaging manner and location, and that feasible mitigation measures be provided to minimize adverse environmental effects. (Former Section CZ#A314-13(A))
46.1.2 Applicability. These regulations shall apply throughout the Coastal Zone, wherever dredge spoils are proposed to be discharged or deposited. (Former Section CZ#A314-13(B))
46.1.3 Location of Dredge Spoils Disposal Sites. Dredge spoils disposal is preferred at those sites designated for such purpose on the resource protection maps of the Coastal Land Use Plan. (Former Section CZ#A314-13(C))
46.1.4 Protection of Designated Sites. Dredge spoils disposal sites identified on the Humboldt Bay Area Plan Resource Protection Maps shall be protected for spoils disposal. (Former Section CZ#A314-13(D))
46.1.5 Findings Required. Dredge spoils disposal shall be approved only if the applicable Industrial Development Findings in this Code are made. (Former Section CZ#A314-13(E))
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46.1 DREDGE SPOILS DISPOSAL ¶
46.1.1 Purpose. The purpose of these regulations is to ensure that spoils disposal is planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation, that spoils discharge or disposal takes place in the least environmentally damaging manner and location, and that feasible mitigation measures be provided to minimize adverse environmental effects. (Former Section CZ#A314-13(A))
46.1.2 Applicability. These regulations shall apply throughout the Coastal Zone, wherever dredge spoils are proposed to be discharged or deposited. (Former Section CZ#A314-13(B))
46.1.3 Location of Dredge Spoils Disposal Sites. Dredge spoils disposal is preferred at those sites designated for such purpose on the resource protection maps of the Coastal Land Use Plan. (Former Section CZ#A314-13(C))
46.1.4 Protection of Designated Sites. Dredge spoils disposal sites identified on the Humboldt Bay Area Plan Resource Protection Maps shall be protected for spoils disposal. (Former Section CZ#A314-13(D))
46.1.5 Findings Required. Dredge spoils disposal shall be approved only if the applicable Industrial Development Findings in this Code are made. (Former Section CZ#A314-13(E))
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50.1 HOME OCCUPATION AND ADDRESSES OF CONVENIENCE ¶
50.1.1 Purpose and Applicability. The purpose of these regulations is to permit limited nonresidential accessory activities to be performed within dwellings as home occupations clearly incidental and secondary to residential uses, provided that surrounding properties are protected from objectionable external effects resulting from such activities. These regulations shall apply in all zones and to all permitted commercial uses of a nonresidential nature which are subordinate to the residential use. An application for a Home Occupation Permit shall be accompanied by an application fee in the amount established by the Board of Supervisors. (Former Section CZ#A314-17(A))
50.1.2 Home Occupation Permitted. Home Occupations, as defined in this Code, shall be permitted, as appurtenant and accessory to any residential use, in any zone, subject to all applicable requirements of this section. (Former Section CZ#A314-17(B))
50.1.3 Home Occupation Requirements. All home occupations shall continuously meet all of the following standards except that with a Coastal Development Permit, the Hearing Officer may modify or waive requirements (1), (3), (4) and (5) as provided in the following subsections 50.1.3.1, 3.3, 3.4 and 3.5: (Former Section CZ#A314-17(C); Amended by Ord. 2167, Sec. 26, 4/7/98)
50.1.3.1 Location. The home occupation may only be performed within a habitable room of a dwelling unit. It may not be performed in an open area; (Former Section CZ#A314-17(C)(1))
50.1.3.2 Floor Area. The home occupation use shall not occupy more than twenty-five (25) percent of the floor area of the dwelling unit in which it is located; (Former Section CZ#A314-17(C)(2))
50.1.3.3 Separate Access. There shall be no separate designated access or private entrance specifically intended for the portion of any dwelling used for a home occupation; (Former Section CZ#A314-17(C)(3))
50.1.3.4 Physical Alterations. No owner of any dwelling used for a home occupation shall make any internal alterations or extensions to such dwelling, or make structural, electrical, or plumbing alterations in any portion thereof if such alterations or extensions are not customarily found in similar dwellings. Waiver of this requirement may only be allowed if interior and exterior physical alterations retain the residential character of the structure; (Former Section CZ#A314-17(C)(4); Amended by Ord. 2167, Sec. 26, 4/7/98)
50.1.3.5 Employees. No person other than residents of the dwelling unit may be employed in the conduct of the home occupation. Waiver of this requirement may be allowed, but in no case shall more than one person other than residents of the dwelling be employed in the conduct of the home occupation; (Former Section CZ#A314-17(C)(5); Amended by Ord. 2167, Sec. 26, 4/7/98)
50.1.3.6 Articles Sold. Articles offered for sale shall be limited to those produced on the premises, except where the person conducting the home occupation serves as an agent or intermediary between off-site suppliers and off-site customers in which case all articles, except for samples, shall be received, stored and sold directly to customers at off-premises locations; (Former Section CZ#A314-17(C) (6))
50.1.3.7 Exterior Display and Signs. There shall be no exterior or window display of materials or products. An exterior or window nameplate may advertise or otherwise identify the home occupation, provided that the display surface does not exceed two (2) square feet, the nameplate is non-moving, is attached to the dwelling unit, and has illumination, if any, which is indirect and non-flashing. There shall be no other exterior indication of the home occupation or impairment of the residential appearance of the facilities within which the home occupation is performed. (Former Section CZ#A314-17(C)(7))
50.1.3.8 Outside Storage. There shall be no storage of materials or supplies or products outside the dwelling unit; (Former Section CZ#A314-17(C)(8))
50.1.3.9 Vehicle Storage. No more than one (1) truck or other motor vehicle of no larger size than three-fourths (3/4) of a ton shall be permitted in conjunction with any home occupation; (Former Section CZ#A314-17(C)(9))
50.1.3.10 Mechanical Equipment. Mechanical equipment and supplies of a type customarily appurtenant to the occupation may be used so long as no external manifestations thereof are apparent; (Former Section CZ#A314-17(C)(10))
50.1.3.11 Nuisances. The home occupation shall be operated so that it does not generate noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt, or electrical disturbance to a degree greater than that normal for the neighborhood; (Former Section CZ#A31417(C)(11))
50.1.3.12 Traffic Generation. Pedestrian and vehicular traffic generated by the home occupation shall not be substantially greater than that normally generated by residential uses in the neighborhood in which it is located; and (Former Section CZ#A314-17(C)(12))
50.1.3.13 Additional Home Occupations. More than one (1) home occupation may be performed within a single dwelling unit provided that all other requirements of this section are met and a permit is secured for each home occupation. (Former Section CZ#A314-17(C) (13))
50.1.4 Exclusions. The following activities shall not in any case qualify as a “home occupation”: (Former Section CZ#A314-17(D)(13))
50.1.4.1Teaching of organized classes totaling more than six (6) persons at one time. (The total number is applicable to the aggregate of all home occupations in the dwelling if more than one (1) home occupation exists); (Former Section CZ#A314-17(D)(1))
50.1.4.2Short-term rentals;
50.1.4.3Care, treatment, boarding or breeding of animals for profit; (Former Section CZ#A314-17(D)(3))
50.1.4.4Operation of a barbershop; (Former Section CZ#A314-17(D)(4))
50.1.4.5Operation of food handling, processing or packing; (Former Section CZ#A314-17(D)(5))
50.1.4.6Operation of an eating or drinking establishment or licensed premises; (Former Section CZ#A314-17(D)(6))
50.1.4.7Operation of an antique shop or similar retail use; (Former Section CZ#A314-17(D)(7))
50.1.4.8Operation of hospitals or sanitariums; (Former Section CZ#A314-17(D)(8))
50.1.4.9Auto or other motor vehicle repair shop, junk or secondhand merchandise yard storage. (Former Section CZ#A314-17(D)(9))
50.1.5 Address of Convenience. An address of convenience, as defined by this Code, is a type of home occupation which, due to the low potential for significant impacts on the neighborhood, may be approved without the analysis and review required for other home occupations. (Former Section CZ#A314-17(E); Added by Ord. 1848, Sec. 16, 9/13/88)
50.1.6 Revocation. In the event of a failure to comply with these home occupation regulations, the Hearing Officer may after notice revoke approval of a home occupation. Such revocation shall follow the revocation procedures in Chapter 2, Section 312-14. In any case, a permit for a home occupation shall expire at the same time a business license issued therefor expires, unless such business license is renewed within thirty (30) days after such expiration. (Former Section CZ#A314-17(F)) (Ord. 2733, § 8, 3/5/2024) Your Selections
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50.1 HOME OCCUPATION AND ADDRESSES OF CONVENIENCE ¶
50.1.1 Purpose and Applicability. The purpose of these regulations is to permit limited nonresidential accessory activities to be performed within dwellings as home occupations clearly incidental and secondary to residential uses, provided that surrounding properties are protected from objectionable external effects resulting from such activities. These regulations shall apply in all zones and to all permitted commercial uses of a nonresidential nature which are subordinate to the residential use. An application for a Home Occupation Permit shall be accompanied by an application fee in the amount established by the Board of Supervisors. (Former Section CZ#A314-17(A))
50.1.2 Home Occupation Permitted. Home Occupations, as defined in this Code, shall be permitted, as appurtenant and accessory to any residential use, in any zone, subject to all applicable requirements of this section. (Former Section CZ#A314-17(B))
50.1.3 Home Occupation Requirements. All home occupations shall continuously meet all of the following standards except that with a Coastal Development Permit, the Hearing Officer may modify or waive requirements (1), (3), (4) and (5) as provided in the following subsections 50.1.3.1, 3.3, 3.4 and 3.5: (Former Section CZ#A314-17(C); Amended by Ord. 2167, Sec. 26, 4/7/98)
50.1.3.1 Location. The home occupation may only be performed within a habitable room of a dwelling unit. It may not be performed in an open area; (Former Section CZ#A314-17(C)(1))
50.1.3.2 Floor Area. The home occupation use shall not occupy more than twenty-five (25) percent of the floor area of the dwelling unit in which it is located; (Former Section CZ#A314-17(C)(2))
50.1.3.3 Separate Access. There shall be no separate designated access or private entrance specifically intended for the portion of any dwelling used for a home occupation; (Former Section CZ#A314-17(C)(3))
50.1.3.4 Physical Alterations. No owner of any dwelling used for a home occupation shall make any internal alterations or extensions to such dwelling, or make structural, electrical, or plumbing alterations in any portion thereof if such alterations or extensions are not customarily found in similar dwellings. Waiver of this requirement may only be allowed if interior and exterior physical alterations retain the residential character of the structure; (Former Section CZ#A314-17(C)(4); Amended by Ord. 2167, Sec. 26, 4/7/98)
50.1.3.5 Employees. No person other than residents of the dwelling unit may be employed in the conduct of the home occupation. Waiver of this requirement may be allowed, but in no case shall more than one person other than residents of the dwelling be employed in the conduct of the home occupation; (Former Section CZ#A314-17(C)(5); Amended by Ord. 2167, Sec. 26, 4/7/98)
50.1.3.6 Articles Sold. Articles offered for sale shall be limited to those produced on the premises, except where the person conducting the home occupation serves as an agent or intermediary between off-site suppliers and off-site customers in which case all articles, except for samples, shall be received, stored and sold directly to customers at off-premises locations; (Former Section CZ#A314-17(C) (6))
50.1.3.7 Exterior Display and Signs. There shall be no exterior or window display of materials or products. An exterior or window nameplate may advertise or otherwise identify the home occupation, provided that the display surface does not exceed two (2) square feet, the nameplate is non-moving, is attached to the dwelling unit, and has illumination, if any, which is indirect and non-flashing. There shall be no other exterior indication of the home occupation or impairment of the residential appearance of the facilities within which the home occupation is performed. (Former Section CZ#A314-17(C)(7))
50.1.3.8 Outside Storage. There shall be no storage of materials or supplies or products outside the dwelling unit; (Former Section CZ#A314-17(C)(8))
50.1.3.9 Vehicle Storage. No more than one (1) truck or other motor vehicle of no larger size than three-fourths (3/4) of a ton shall be permitted in conjunction with any home occupation; (Former Section CZ#A314-17(C)(9))
50.1.3.10 Mechanical Equipment. Mechanical equipment and supplies of a type customarily appurtenant to the occupation may be used so long as no external manifestations thereof are apparent; (Former Section CZ#A314-17(C)(10))
50.1.3.11 Nuisances. The home occupation shall be operated so that it does not generate noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt, or electrical disturbance to a degree greater than that normal for the neighborhood; (Former Section CZ#A31417(C)(11))
50.1.3.12 Traffic Generation. Pedestrian and vehicular traffic generated by the home occupation shall not be substantially greater than that normally generated by residential uses in the neighborhood in which it is located; and (Former Section CZ#A314-17(C)(12))
50.1.3.13 Additional Home Occupations. More than one (1) home occupation may be performed within a single dwelling unit provided that all other requirements of this section are met and a permit is secured for each home occupation. (Former Section CZ#A314-17(C) (13))
50.1.4 Exclusions. The following activities shall not in any case qualify as a “home occupation”: (Former Section CZ#A314-17(D)(13))
50.1.4.1Teaching of organized classes totaling more than six (6) persons at one time. (The total number is applicable to the aggregate of all home occupations in the dwelling if more than one (1) home occupation exists); (Former Section CZ#A314-17(D)(1))
50.1.4.2Short-term rentals;
50.1.4.3Care, treatment, boarding or breeding of animals for profit; (Former Section CZ#A314-17(D)(3))
50.1.4.4Operation of a barbershop; (Former Section CZ#A314-17(D)(4))
50.1.4.5Operation of food handling, processing or packing; (Former Section CZ#A314-17(D)(5))
50.1.4.6Operation of an eating or drinking establishment or licensed premises; (Former Section CZ#A314-17(D)(6))
50.1.4.7Operation of an antique shop or similar retail use; (Former Section CZ#A314-17(D)(7))
50.1.4.8Operation of hospitals or sanitariums; (Former Section CZ#A314-17(D)(8))
50.1.4.9Auto or other motor vehicle repair shop, junk or secondhand merchandise yard storage. (Former Section CZ#A314-17(D)(9))
50.1.5 Address of Convenience. An address of convenience, as defined by this Code, is a type of home occupation which, due to the low potential for significant impacts on the neighborhood, may be approved without the analysis and review required for other home occupations. (Former Section CZ#A314-17(E); Added by Ord. 1848, Sec. 16, 9/13/88)
50.1.6 Revocation. In the event of a failure to comply with these home occupation regulations, the Hearing Officer may after notice revoke approval of a home occupation. Such revocation shall follow the revocation procedures in Chapter 2, Section 312-14. In any case, a permit for a home occupation shall expire at the same time a business license issued therefor expires, unless such business license is renewed within thirty (30) days after such expiration. (Former Section CZ#A314-17(F)) (Ord. 2733, § 8, 3/5/2024) Your Selections
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55.1 INDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE ¶
55.1.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.1 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Indoor Cultivation.”
55.1.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Indoor Cultivation (“this Code”) is to regulate the cultivation of cannabis for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany cannabis cultivation.
Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.
55.1.3 Applicability and Interpretation. ¶
55.1.3.1The indoor cultivation and processing of cannabis for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.
55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws.
55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.
55.1.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.1.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code. Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable State and County laws.
55.1.7 Definitions. ¶
Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Detached Accessory Building – Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Indoor Cultivation of Cannabis for Personal Use: cultivation and processing of cannabis for personal use indoors in a residence or detached accessory structure. The cultivation area may not exceed fifty (50) square feet or ten (10) feet in height. No more than six (6) cannabis plants may be cultivated for personal use in any residence or detached accessory structure at any time. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
55.1.8 Indoor Cultivation for Personal Use. The County shall not interfere with indoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Cultivation of cannabis for personal use in a residence shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Cannabis cultivation in detached accessory buildings shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.3A total of fifty (50) square feet of indoor cannabis cultivation for personal use, which does not exceed six (6) plants or ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than six (6) plants, fifty (50) square feet or more than ten (10) feet in height of cannabis cultivation area per residence on the parcel, regardless of the number of persons residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The cannabis cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, and secured against unauthorized entry; and
55.1.8.5Grow lights for cannabis cultivation for personal use in a residence or a detached accessory building shall not exceed one thousand two hundred (1,200) watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of cannabis in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the indoor cultivation of cannabis for personal use is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor cannabis cultivation or processing in a residence or a detached accessory building is prohibited; and
55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of cannabis in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
55.1.8.9On parcels that contain more than one (1) residence, no odor of cannabis shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one (1) residence, no odor of cannabis shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the cannabis cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of cannabis from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and
55.1.8.10From a public right-of-way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor cannabis at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Cannabis cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a cottage industry or a home occupation, and are not eligible for an address of convenience; and
55.1.8.12No sale, trading, or dispensing of cannabis is allowed on a parcel where indoor cultivation of cannabis for personal use occurs; and
55.1.8.13No person may cultivate cannabis for his or her personal use in more than one (1) residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where cannabis is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for cannabis cultivation; and
55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor cultivation of cannabis for personal use; and
55.1.8.16The indoor cultivation of cannabis for personal use shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
55.1.8.17Indoor cultivation of cannabis for personal use must comply with all applicable State and County laws, including fire and building codes.
55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.
55.1.8.19Outdoor cultivation, as described in Section 313-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein.
55.2 OUTDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE ¶
55.2.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.2 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Outdoor Cultivation.”
55.2.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Outdoor Cultivation (“this Code”) is to establish reasonable regulations governing the outdoor cultivation of cannabis for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor cannabis cultivation.
Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.
55.2.3 Applicability and Interpretation. ¶
55.2.3.1The outdoor cultivation and processing of cannabis for personal use within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.
55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt, any outdoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws. If outdoor cultivation of cannabis for personal use involves development as defined under Section 30106 of the Coastal Act, pursuant to Section 312-3.1.4 a coastal development permit must be secured, unless the development is exempted or excluded under the California Public Resources Code (Section 30000, and following) or the California Code of Regulations.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.
55.2.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Acre: means forty-three thousand five hundred sixty (43,560) square feet. See also the definition of “Lot Size” found under Section 313-147.
Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Canopy: means the area, in square feet, of vegetative growth, of a cannabis plant including starts.
Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Outdoor Cultivation of Cannabis for Personal Use: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more cannabis plants, or any part thereof, in any outdoor location. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.
Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this section.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, Section 1238, to receive school buses, as defined in California Vehicle Code Section 233, or school pupil activity buses, as defined in Vehicle Code Section 546.
Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.
55.2.7 Outdoor Cultivation for Personal Use. The County shall not interfere with outdoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, all outdoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:
55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 313-147.
55.2.7.2Cultivation of cannabis outdoors for personal use is allowed as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:
55.2.7.2.1On parcels one (1) acre or smaller in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of the cannabis cultivated outdoors does not exceed one hundred (100) square feet in size, and no part of the cultivation area occurs within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of cannabis cultivated outdoors does not exceed two hundred (200) square feet in size, no part of the cultivation area occurs within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
55.2.7.2.3No outdoor cultivation for personal use may occur within six hundred (600) feet of any school, school bus stop, public park, place of religious worship, or traditional Native American cultural site, so long as these uses existed prior to the outdoor cultivation of cannabis in compliance with this Code; and
55.2.7.2.4Indoor cannabis cultivation for personal use may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5No person may cultivate cannabis for his or her personal use in more than one (1) residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and
55.2.7.2.6Cultivation within a greenhouse or “hoophouse” for personal use shall be deemed outdoor cultivation subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks; and
55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor cultivation of cannabis for personal use; and
55.2.7.2.8The outdoor cultivation of cannabis shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of cannabis pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a lake and streambed alteration agreement is necessary. If such an agreement is required, the water use must comply with all of its terms.
55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of cannabis for personal use may only be done by a person who occupies a permitted residence located on the same property that is host to the cultivation activities. If the person cultivating cannabis outdoors for personal use is not the owner of the property, they must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent, specifically approving the outdoor cultivation on the property.
55.2.8 Enforcement. ¶
55.2.8.1Any violation of this section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law. Development that exceeds the minimum necessary to abate the public nuisance requires a Coastal Development Permit.
55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship:
55.2.9.1 Low Odor Strains. To alleviate the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.
55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.
55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.
55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near cannabis or the area where cannabis is being cultivated. Grow, process, and store cannabis in as “organic” and safe a fashion as possible to reduce potential adverse effects during use.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices – Northern California Farmer’s Guide.
55.3 MEDICAL CANNABIS DISPENSARIES ¶
55.3.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.3 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the Cannabis Land Use Code for Medical Dispensaries. This section applies to all cannabis dispensaries, as defined in this Code, that are located in the Coastal Zone.
55.3.2 Purpose and Intent. The purpose of this section is to minimize the negative land use impacts that can be associated with the dispensing of cannabis by a dispensary, as defined herein.
55.3.3 Applicability and Interpretation. ¶
55.3.3.1These regulations shall apply to the locating and permitting of cannabis dispensaries in zoning districts which authorize this use, as specified under Section 313-55.3.8.2.
55.3.3.2The distribution of cannabis by cannabis dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.
55.3.3.3Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, and any applicable State laws.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt cannabis dispensaries, as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis dispensaries.
55.3.3.6The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Section 313-135 et seq. and Section 111-1 et seq. may also apply to this Code.
55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for cannabis dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of cannabis dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of cannabis.
55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws.
55.3.7 Definitions. Except as otherwise provided, when used in this Code, the following terms shall have the following meanings:
Cannabis: means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Cannabis Delivery Service: a cannabis dispensary, as defined herein, that delivers cannabis to persons from a “store-front” base of operations located in a commercial or industrial zone within the unincorporated area of Humboldt County. A cannabis delivery service shall not be operated from a residential-zoned parcel and is not eligible for an address of convenience.
Cannabis Dispensary: a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of retail sale. This does not include Cannabis Research Laboratories and Testing Facilities, and Cannabis Business Offices, as described under Sections 313-55.3.13 and 313-55.4.
Church: a nonprofit organization that operates exclusively for religious purposes and is an organization as described in Section 501(c) (3) of the Internal Revenue Tax Code, as amended. For purposes of this Code, “church” includes a church, synagogue, temple, mosque, or other place of worship and related church property, such as a school or a youth camp.
Dispensing: any activity involving the retail sale of cannabis or cannabis products from a dispensary.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Place Where Children Congregate: may include, but is not limited to, a school bus stop, park, playground, a school as defined herein, tutoring facility, or any establishment that either advertises in a manner that identifies it as providing services primarily intended for minors or the individuals who regularly patronize, congregate, or assemble at the establishment are primarily minors.
Residential Treatment Facility: a facility, whether residential or nonresidential, providing treatment for drug or alcohol dependency.
School: public or private institution of learning for minors offering a regular course of instruction as required by the California Education Code, or any child or day care facility licensed by the State of California. This includes a nursery school, kindergarten, Head Start program, elementary school, middle school, high school, continuation or vocational school for minors, or any special institute of education, but it does not include a vocational or professional institution of higher education primarily intended for students over eighteen (18), such as a community or junior college, college, or university.
55.3.8 General Provisions. This section applies to all cannabis dispensaries, as defined in this Code.
55.3.8.1All cannabis dispensaries shall operate in compliance with this Code, and all other applicable State and local laws.
55.3.8.2Cannabis dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit and coastal development permit, issued pursuant to Section 312-3.1. Zoning districts where a dispensary may be located are CN, CG, MB, and ML. Dispensaries may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.
55.3.8.3The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a coastal development permit and a conditional use permit from the County of Humboldt to operate a dispensary within the jurisdiction of the County.
55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure public safety and to ensure the security of the cannabis.
55.3.9 Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, and in addition to the requirements applicable to adult use retail sales of cannabis in Section 313-55.4, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a cannabis dispensary:
55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
55.3.9.2The Planning Commission shall specifically regulate the location of cannabis dispensaries by considering the potential impacts and cumulative impacts of proposed cannabis dispensaries to the community area as a whole and specifically on the following existing uses located within a six hundred (600) foot radius of a proposed dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit or a coastal development permit for any proposed cannabis dispensary within six hundred (600) feet of the following uses if the Commission determines that the impacts of a proposed dispensary have the potential to be significant on the following uses:
55.3.9.2.1Residential neighborhoods and their inhabitants;
55.3.9.2.2Church, as defined herein;
55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
55.3.9.2.4Residential treatment facilities, as defined herein; and
55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a six hundred (600) foot radius of the proposed new facility.
55.3.9.3No cannabis dispensaries, operators, establishments, or providers who possess, cultivate, or distribute cannabis shall be located within a six hundred (600) foot radius of a school. This distance shall be measured in a straight line from the property line of the school to the property line of the cannabis dispensing facility, operator, establishment, or provider.
55.3.9.4Submission of an operations manual and compliance with the operating standards, pursuant to Sections 55.3.10 and 55.3.11.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit or a coastal development permit, cannabis dispensaries shall submit to the Planning Commission an operations manual which provides for the following:
55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit and coastal development permit applications, the operations manual, and the operating standards at any time before or after the conditional use permit and coastal development permit are issued; and
55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and
55.3.10.3The hours and days of the week when the dispensary will be open; and
55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a six hundred (600) foot radius; and
55.3.10.5A description of the security measures located on the premises, including but not limited to lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients; and
55.3.10.6A description of the screening process and procedures for clients; and
55.3.10.7A description of client records acquisition and retention procedures and policies; and
55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of cannabis that come in and go out of the dispensary; and
55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and
55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and
55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all cannabis distributed; and
55.3.10.12The procedure and documentation process for determining dosage, including any testing for the major active agents in cannabis offered to clients, such as cannabinoids tetrahydrocannabinol (THC), cannabidiol (CBD), and cannabinol (CBN); and
55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and
55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their operations manual as approved by the Planning Commission. Any deviations from or changes in the operations manual must be submitted to the Planning and Building Department for review for conformance with the approved permit. No changes in the operations manual are allowed unless authorized in writing by the Planning and Building Department.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, cannabis dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Cannabis delivery services shall only operate from a “store-front” dispensary in a commercial or industrial zone with an approved conditional use permit and coastal development permit; and
55.3.11.2Cannabis dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and
55.3.11.3No dispensing of cannabis to an individual shall be permitted more than twice a day; and
55.3.11.4The hours of operation of cannabis dispensaries shall be no earlier than 10:00 a.m. and no later than 7:00 p.m.; and
55.3.11.5Cannabis Dispensaries shall only provide cannabis to an individual over the age of twenty-one (21) or qualified patients or caregivers as defined in Health and Safety Code Section 11357 et seq.; and
55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the dispensary. A copy of the client rules and/or regulations shall be provided to clients by a cannabis delivery service; and
55.3.11.7Each building entrance to a cannabis dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
55.3.11.8No cannabis dispensary or delivery service shall provide cannabis to any qualified patient who is under eighteen (18) unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of cannabis; and
55.3.11.9All cannabis dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
55.3.11.10All cannabis dispensed by dispensaries must be obtained in accordance with applicable State and local laws; and
55.3.11.11All signs for cannabis dispensaries must comply with Sections 313-87.3 and 314-87.2; and
55.3.11.12An up-to-date inventory of all hazardous materials stored and used on site shall be maintained on the premises of the cannabis dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.13Cannabis dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
55.3.11.14Cannabis dispensaries shall comply with any and all conditions of their conditional use permit and coastal development permit.
55.3.12 Permit Revocation and Transfer. ¶
55.3.12.1A conditional use permit and coastal development permit shall be revoked or modified according to Section 312-14 (Revocation Procedures). Permit revocation or modification shall be sought for noncompliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.
55.3.12.2Conditional use permits and coastal development permits to operate a cannabis dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.13 Cannabis Business Offices. Business offices for cannabis dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code.
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE… ¶
55.4.1 Authority and Title. This section (hereafter all references to “this section” means Section 313-55.4 et seq. of the Humboldt County certified coastal zoning regulations) shall be known as the Coastal Commercial Cannabis Land Use Ordinance (“CCCLUO”), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Coastal Zone Area of the County of Humboldt.
55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment and increases public awareness and community health and safety, while creating a clear and attainable path for operators to follow and authorities to enforce, and while protecting coastal resources consistent with the California Coastal Act, Public Resources Code Section 30000 et seq., as part of the County of Humboldt’s Local Coastal Program.
These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twentyone (21) years of age or older.
55.4.3 Applicability and Interpretation. ¶
55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. This section is not intended to supersede the provisions of Section 313-55.1 or 313-55.2, excepting Sections 313-55.4.3.6, 313-55.4.3.7, and 313-55.4.10.1.
55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area coastal development permit regulations as well as other applicable provisions of the County Code.
55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.
55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 313-135 et seq. may also apply to this section.
55.4.3.5A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCCLUO for any commercial cannabis activity regulated by this section, or Section 313-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.
55.4.3.6Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”
55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.
55.4.3.8The commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the General Agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, coastal development permit or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.9Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any other zoning district other than those zoning districts where it is expressly permitted.
55.4.3.10The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, coastal development permit or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.11No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, coastal development permit or use permit required under this section.
55.4.3.12 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.4.4 Definitions. ¶
“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.
“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.
“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.
“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
“Captured rainfall” means rainwater catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.
“Category 4 Roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Appendix to Title III, Division 2.
“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.
“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.
“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.
“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”
“Cultivation site” means the location or a facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
“Dispensary” is a facility where commercial cannabis, commercial cannabis products, or devices for the use of commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers commercial cannabis and commercial cannabis products as part of retail sale.
“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.
“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from above ground irrigation.
“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light or indoor.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.
“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.
“FEIR” means the Final Environmental Impact Report for the CCCLUO certified by the County on May 8, 2018, under Resolution No. 18-40 for the amendments to the zoning regulations, known as the CCCLUO, prepared in compliance with the California Environmental Quality Act (CEQA), which includes mitigation and implementation measures and a Mitigation Monitoring and Reporting Plan to mitigate or avoid significant effects on the environment.
“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.
“Forbearance period” means the calendar days during which water may not be diverted from a waterbody or extracted from a well. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.
“Greenhouse” means an agricultural accessory structure typically constructed with transparent or translucent panels used for indoor, outdoor, or mixed-light commercial cannabis cultivation.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.
“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.
“Irrigation” means use of water by any commercial cannabis cultivation activity.
“Licensee” means a person issued a State license to engage in commercial cannabis activity.
“Local water source” means water withdrawal from a waterbody occurring on the same parcel(s) or premises, or in their vicinity.
“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.
“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than ten thousand (10,000) square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.
“Nondiversionary water source” means not involving the withdrawal of water from a waterbody.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a lawfully permitted conversion of timberland, conducted prior to January 1, 2016. For purposes of this section, nonforested areas refer to those lands with a land use designation other than coastal commercial timberland (TC).
“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.
“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.
“Outdoor” means cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 313-147.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.
ration, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.
“Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or entity holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument, shall not be considered a “person” for purposes of this section.
“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, and which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence, as potentially eligible for provisional permitting pursuant to this section. The maximum cultivation area that may be recognized for the purpose of provisional permitting of an unauthorized preexisting cultivation site is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above up to the maximum allowed pursuant to this section, whichever is smaller.
“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.
“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.
“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.
“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”
“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community services districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic. “Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.
“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.
“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from a one hundred percent (100%) renewable source.
“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in
concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. “Retailer” shall include medical cannabis dispensaries, as defined in and regulated by Section 313-55.3.
“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.
“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.
“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.
“Slope” means natural grade as defined in Section 313-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to Business and Professions Code Section 26000 et seq.
“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.
“Timberland” means land which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.
“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the Tribal Council or equivalent body.
“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by non-tribal members.
“Waterbody” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Waterbody” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.
55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits.
55.4.5.1 Special Area Provisions. In addition to the permit application requirements of Section 313-55.4.11, permit applications for commercial cannabis activities shall demonstrate compliance with special area provisions of Sections 313-55.4.5.1.1 through 31355.4.5.1.3 and all applicable performance standards of Section 313-55.4.12 et seq.
55.4.5.1.1No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3Notwithstanding any other provision of the certified LCP, no commercial cannabis activity shall be permitted within one - hundred (100) feet, at a minimum, of environmentally sensitive habitat area (ESHA), as defined in Section 313 143 (“Habitat Areas, Environmentally Sensitive”), or wetland, as defined in Section 313-158. In some cases, local coastal land use plans may require setbacks from wetlands and riparian areas to be greater than one hundred (100) feet. In addition, the buffer requirements of the - biological resources protections performance standard (Section 313 55.4.12.1.10) shall apply to all commercial cannabis activity.
55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.
55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): McKinleyville, Shelter Cove, and Trinidad-Westhaven. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the identified community planning areas (CPAs). For purposes of determining the Trinidad Planning Area, the Trinidad General Plan shall be utilized.
55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 313-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.
The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.
55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their Tribal Historic Preservation Officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).
55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, coastal development permit or use permit for commercial cannabis activity, as defined herein, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.
55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.
Any violation of this section, including but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of Title III. Development that exceeds the minimum necessary to abate the public nuisance requires a coastal development permit.
Whenever permit applicants seeking permits for commercial activities initiate operations ahead of permit issuance, or preexisting cultivation site operators seeking provisional permits expand cultivation operations ahead of permit issuance, the Director shall have discretion to:
55.4.5.3.1Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;
55.4.5.3.2Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings;
55.4.5.3.3Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person within the County of Humboldt. For purposes of this limitation, any natural person who owns or controls any interest, directly or indirectly, in a firm, partnership, joint venture, association, cooperative, collective, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit shall be collectively considered a single person with those entities. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 313-55.4.6.1.2.1.
55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to ten thousand (10,000) square feet may be permitted on a parcel).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Authorization for any commercial cannabis activity zoning clearance certificate, special permit, coastal development permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
evelopment permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
55.4.5.7 Annual Inspections. Annual compliance inspections are required, pursuant to Section 313-55.4.5.6. If the inspector or other County official determines that the site does not comply with the conditions of approval, the inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed.
Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed timeframes, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, coastal development permit or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.
55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.
55.4.5.8.2The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.
55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.
55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries may be permitted with a coastal development permit and special permit, use permit, or zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified; provided, that processing, drying, product grading, curing or trimming may only be conducted within lawfully constructed nonresidential structures that were in existence on January 1, 2016:
55.4.6.1 Eligibility Criteria – Agricultural and Rural Residential-Agricultural Areas.
55.4.6.1.1Zoning AE and RA.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area. The minimum parcel size for commercial outdoor and mixed-light cultivation of cannabis in the Coastal Zone in the AE and RA Zones is twenty (20) acres, except for the exceptions provided in Sections 313-55.4.6.1.2.2 and 313-55.4.6.1.2.3.
55.4.6.1.2.1 Allowed Cultivation Area in the AE and RA Zones, Except on Lands With an Agriculture Exclusive/Grazing Plan Designation.
55.4.6.1.2.1.1Up to ten thousand (10,000) square feet of cultivation area with a special permit and coastal development permit;
55.4.6.1.2.1.2Greater than ten thousand (10,000) square feet to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a use permit and coastal development permit on any parcel less than three hundred twenty (320) acres in size, including a combination of separately permitted activities including those permitted pursuant to Section 313-55.4.6.5.7.2.
Exception to the one (1) acre maximum: On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit and coastal development permit, up to a maximum of eight (8) acres. All cultivation area must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions to the road standard may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.
55.4.6.1.2.2 On Parcels With an Agricultural Exclusive/Grazing Plan Designation. No outdoor cultivation or greenhouses are allowed in the AE Zone on lands with an agricultural exclusive/grazing plan designation (AEG). Outdoor or mixed-light cultivation may only be permitted within lawfully constructed nonresidential structures existing prior to January 1, 2016, with a zoning clearance certificate and coastal development permit.
55.4.6.1.2.3 Maximum Greenhouse Coverage Allowed in the AE and RA Zones for Existing Greenhouses. With a zoning clearance certificate and coastal development permit, up to one (1) acre of cultivation area may be authorized within existing commercial greenhouse structures. Additionally, cultivation area in excess of one (1) acre may be authorized within existing commercial greenhouse structures with a use permit and coastal development permit. In no case shall the total cultivation area within existing commercial greenhouse structures in the AE Zone on lands with prime agricultural soils exceed twenty percent (20%) of the area of the parcel. The greenhouse(s) must have been lawfully constructed prior to January 1, 2016. RA zoned property must be twenty (20) acres or larger in size.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas. ¶
55.4.6.2.1 Zoning. CG, ML, MG, and MC as an interim use per Section 313-104.1. ¶
55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.
55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a special permit and coastal development permit in the ML, MG, and MC Zones. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit and coastal development permit.
55.4.6.2.2.3In the CG Zone, open-air cultivation only is allowed in conjunction with microbusiness activities pursuant to Section 31355.4.10.2.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse (Section 313-55.4.12.12).
55.4.6.3 Eligibility Criteria – All Areas. ¶
55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use (Section 313-55.4.12.5).
55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier, if adequate capacity exists for irrigation use, as determined by the public or private water supplier. Water from on-site greywater systems is also authorized for year-round use.
55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 313-55.4.12.1.8.
55.4.6.4 Siting Criteria – All Areas. ¶
55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less. (Exceptions to the slope criteria are described in Section 313-55.4.6.5.1 and 313-55.4.6.5.2.)
55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016, and which obtained all necessary permits for vegetation clearing as applicable.
55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel or legal lot. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited.
55.4.6.4.4 Setbacks.
- 55.4.6.4.4.1 Standard Setbacks. In addition to the special area provision setbacks of Section 313 55.4.5.1 related to schools, tribal lands, ESHA, and wetlands, cultivation site(s) must also observe all of the following setbacks:
55.4.6.4.4.1.1Property lines: thirty (30) feet from any property line.
55.4.6.4.4.1.2Residences and undeveloped parcels: three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.
55.4.6.4.4.1.3Sensitive receptors: six hundred (600) feet from a church or other place of religious worship, public park, coastal public - access, commercial recreational facility (as defined by Section 313 153), tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.
55.4.6.4.4.1.4Tribal ceremonial sites: one thousand (1,000) feet from all tribal ceremonial sites.
55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses and only if findings can be made that the setback reduction conforms with all applicable policies of the local coastal area plan and the access policies of the Coastal Act. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet, but at a minimum maintenance of a setback of at least one hundred (100) feet, may be allowed with a special permit; provided, that (a) advanced notice is given to the person or agency responsible for managing or supervising the management of those lands, and (b) the permitted setback of less than six hundred (600) feet will be sufficient to prevent impacts that would significantly degrade adjacent open space/habitat areas and will be compatible with the continuance of those open space/habitat areas. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.
55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.
55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.
55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including agricultural wells and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting environmentally sensitive habitat areas (ESHA) or wetlands, as defined under Coastal Act regulations in Humboldt County Code and local coastal area plans.
55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 313-55.4.5.1.5 are subject to the following enhanced setbacks, unless confined to enclosed structures:
55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area.
55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.
55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
t may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of Section 313-55.4.6.4.4.2 are not applicable to any commercial cannabis activities conducted on a parcel zoned MG or MC.
55.4.6.5 Provisional Permitting of Preexisting Cultivation Sites. As set forth in the following subsections, preexisting cultivation sites that meet all other eligibility and siting criteria and performance standards, including but not limited to those described in Section 313-55.4.6.1, may be permitted with a special permit and coastal development permit within AE and RA zoning districts, except on lands with an agricultural exclusive/grazing (AEG) land use designation; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met. Permitting of preexisting cultivation sites is prohibited where located within the TC or TPZ Zones.
Permit applications for preexisting cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.
Applications for preexisting cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of - the documented preexisting cultivation area (not to exceed the maximum allowed under Section 313 55.4.6.1.2), and applications for
preexisting cultivation sites submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area (not to exceed the maximum allowed under Section 313-55.4.6.1.2). No new applications for preexisting cultivation sites shall be accepted after December 31, 2019.
55.4.6.5.1 Provisional Permitting of Preexisting Small Cultivation Sites. On parcels twenty (20) acres or larger in size other than those with an agricultural exclusive/grazing plan designation, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a special permit and coastal development permit; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met, if applicable, subject to the following additional requirements and allowances:
55.4.6.5.1.1The operator’s principal residence is located on the same parcel and the residence was in existence on or before January 1, 2016.
55.4.6.5.1.2No more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.3The road systems performance standards in Section 313-55.4.12.1.8.1 shall not apply.
55.4.6.5.1.4The road systems performance standards in Sections 313-55.4.12.1.8.3 and 313-55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 313-55.4.12.1.8.4.1, and submit a report prepared pursuant Section 31355.4.12.1.8.3.2, unless one has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.4.2Permitted improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.
55.4.6.5.1.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.
55.4.6.5.2Provisional permitting of preexisting cultivation sites located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a use permit and coastal development permit.
55.4.6.5.3In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit and coastal development permit, subject to all applicable performance standards.
55.4.6.5.4 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation at Provisional Sites. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.
55.4.6.5.4.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.4.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:
55.4.6.5.4.2.1Keeping of ancillary mother plants off site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.
55.4.6.5.4.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.4.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.
55.4.6.5.5 Provisional Permitting. An application for provisional permitting of a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and Building Department within one (1) year of issuance of the provisional clearance or permit. All
violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event more than two (2) years of date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall act as Hearing Officer.
As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.
If a provisional permit application for a preexisting cultivation site is denied, the penalties and enforcement provisions of Section 31355.4.5.3 shall apply, and, if required, an application shall be submitted to remove preexisting commercial cannabis-related development and restore the site to preproject conditions in accordance with the performance standard for remediation activities (Section 313-55.4.12.13).
55.4.6.5.6(Section reserved for future use)
55.4.6.5.7 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:
55.4.6.5.7.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that are in the Coastal Zone and were in operation at any time between January 1, 2006, and January 1, 2016, and are located in AE, RA, TC and TPZ Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 31355.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.
55.4.6.5.7.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting (a) the eligibility criteria specified in Section 313-55.4.6.1 or 313-55.4.6.2, excluding sites with an agricultural exclusive/grazing plan designation and sites in the MC Zone, (b) the special area provision setbacks of Section 313-55.4.5.1, (c) all applicable siting criteria, and (d) all applicable performance standards specified in Section 313-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 313-55.4.5.1.4. No new applications for RRR sites shall be accepted after December 31, 2019.
55.4.6.5.7.3Operators of RRR sites shall be eligible to receive a special permit and coastal development permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than twenty thousand (20,000) square feet. Operators of RRR sites with a cultivation area exceeding twenty thousand (20,000) square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a use permit and coastal development permit, but in no event larger than the cultivation area size limits specified in Sections 313-55.4.6.1 and 313-55.4.6.2.
55.4.6.5.7.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k).
More than one (1) RRR site may be permitted on relocation site parcels of twenty (20) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation permits issued for that parcel does not exceed one (1) acre. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel.
55.4.6.5.7.5In order to receive the benefits specified in Section 313-55.4.6.5.7.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard - for remediation activities (Section 313 55.4.12.13). The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so.
The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt shall, on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.
55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis cultivation, including but not limited to bags, pots, or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis, or cannabis waste products, imported soil or soil
amendments not incorporated into native soil, generators, pumps, or structures not adaptable to noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.
For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 313-55.4.5.3 and Chapter 1 of Division 5 of Title III.
55.4.6.7(Section reserved for future use)
55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) in each of the six (6) local coastal plan areas shall be as follows:
| Coastal Planning Area | Permits | Acres |
|---|---|---|
| North Coast Area Plan | 4 | 2 |
| Trinidad Area Plan | 0 | 0 |
| McKinleyville Area Plan | 4 | 2 |
| Humboldt BayArea Plan * |
38 | 13 |
| Eel River Area Plan | 112 | 39 |
| South Coast Area Plan | 13 | 5 |
| Total | 171 | 61 |
*Cannabis cultivation sites on properties zoned MG – industrial general or CG – commercial general with public water from the Humboldt Bay Municipal Water District may be exempt from the cap with a will-serve letter from the district providing public water service to the site.
Once the permit cap for a given local coastal plan has been reached, no additional permit applications for open air and indoor cultivation activities will be processed until the Planning Commission and Board of Supervisors consider a review of the limits and prescribed distribution of permitting and acreage allowances found in the above table and approve an increase in the cap by amendment of this section of the Humboldt County Code certified by the California Coastal Commission. Review shall occur at a noticed public hearing held during a meeting of the Board of Supervisors, during which the Board shall receive and consider a report providing an update on local permitting efforts. The report shall provide information detailing the number and status of all applications received, permits approved, compliance agreements that have been executed, and code enforcement actions undertaken by the Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.
Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.
55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. All cannabis support facilities must meet or exceed the setbacks from sensitive receptors and tribal ceremonial sites specified under Sections 313-55.4.6.4.4.1.3 and 313-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 313-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Section 313-55.4.6.2.1 (CG, ML, MG, and MC as an interim use) distribution, off-site processing, enclosed nurseries, community propagation centers within a lawfully constructed structure in existence prior to January 1, 2016, shall be principally permitted with a zoning clearance certificate and coastal development permit when meeting all applicable performance standards, as well as the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate and coastal development permit in CG, ML, MG, and MC as an interim use or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 and all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.7.3 Road Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.8 Indoor Cultivation and Manufacturing. ¶
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 313-55.4.6.1, 313-55.4.6.2, 313-55.4.6.3.1 and 313-55.4.6.3.2 and comply with the siting criteria specified in Sections 313-55.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4, and 313-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1Within those zones specified under Section 313-55.4.6.1.1 (AE and RA), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate and coastal development permit, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016.
- 55.4.8.1.2Within those zones specified under Section 313 55.4.6.2.1 (CG, ML, MG, and MC as an interim use):
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted (a) with a zoning clearance certificate within an existing lawfully constructed structure where the commercial activities do not meet the definition of development under the Coastal Act and (b) within a proposed structure subject to approval of a zoning clearance certificate and coastal development permit.
55.4.8.1.2.2Up to ten thousand (10,000) square feet of cultivation area may be permitted with a special permit and coastal development permit.
55.4.8.1.2.3A use permit and coastal development permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.1.3 Road Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.
de an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 31355.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4 and 313-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 313-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:
55.4.8.2.1 Flammable Extraction. ¶
55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit and coastal development permit in the MG Zone, as well as MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit and coastal development permit in the CG and ML Zones.
55.4.8.2.1.3All manufacturing activities involving flammable extraction must be conducted within a lawfully constructed commercial structure. Where located within those Zones specified under Section 313-55.4.8.2.1.2, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.3.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 313-55.4.5.1.
55.4.8.2.1.3.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.3.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.3.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and
location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.
55.4.8.2.2 Nonflammable Extraction. ¶
55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the MG Zone, or a conditional use permit and coastal development permit in the MC Zone as an interim use.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit and coastal development permit within CG and ML Zones.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit and coastal development permit within those zones specified under Section 313-55.4.6.1.1 (AE and RA) on parcels that meet the minimum parcel size requirements of Section 313-55.4.6.1.2, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016. In addition, cannabis manufacturing activities in the AE Zone shall be limited to the processing of the raw cannabis materials grown on site.
55.4.8.2.3 Infusion. ¶
55.4.8.2.3.1Manufacturing activities involving infusion may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the CG, ML, MG Zones, and the MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be permitted as a cottage industry in all zones which permit cottage industry activities, when in compliance with all performance standards.
55.4.8.2.3.3 Road Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.9(Reserved for future use)
55.4.10 Other Provisions. ¶
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use in the CG, CN, MB, and ML zoning districts, subject to approval of a use permit and coastal development permit. Adult use retail sales may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.10.2. All certified regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
55.4.10.2 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit and coastal development permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned RA or, AE). In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
Road Locational Criteria:
Adult use retail sales and microbusinesses with on-site customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard.
Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.
55.4.10.3 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a coastal development permit and use permit (in the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses) as required by Section 313-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and City of Ferndale. Any event must be managed to ensure that (a) all cannabis vendor participants are licensed; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.4 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit;
provided, that: (a) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.
55.4.10.5 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours (Sections 313-55.4.12.14 and 31355.4.12.15). In addition, businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate and coastal development permit, subject to meeting the following criteria:
55.4.10.5.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.5.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.
Tour businesses not meeting the above criteria may be permitted with a special permit and coastal development permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.
55.4.10.6 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties - in conformance with the public accommodation performance standards in Section 313 61.05 (“Short-Term Rentals”).
55.4.10.7 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities.
Transportation does not include warehousing or storage of cannabis.
55.4.10.8 Cannabis Research Gardens. Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
g requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
55.4.11 Application Requirements for Clearances or Permits. Applications shall be required to include any or all of the following information necessary to evaluate conformity of the proposed project with local coastal program policies and standards: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, and tribal cultural resources (if ground disturbance is proposed) and historical resources; assessments of project-related noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a provisional cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board. Applications shall also include an analysis of how the activity will conform to all applicable local coastal area plan policies and regulations including, but not limited to, those protecting ESHAs, wetlands, coastal public access, public visual resources, and visitorserving uses.
In addition to the application filing requirements that the County may require to determine project compliance with all applicable local coastal program policies and standards, the County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
ental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
55.4.12 Performance Standards. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards listed in Sections 313-55.4.12.1 through 313-55.4.12.17 and all other local coastal program policies and standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
55.4.12.1 Performance Standards for All Commercial Cannabis Activities.
55.4.12.1.1Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.
55.4.12.1.3Where subject to State licensure, participate in local and State programs for “track and trace” once available.
55.4.12.1.4Maintain a current, valid business license at all times.
55.4.12.1.5Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours’ prior notice, to be conducted by appropriate County officials during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7Comply with any special conditions applicable to the permit or premises which may be imposed.
55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable; provided, that road development or improvement to these standards conforms to all applicable local coastal area plan policies and regulations:
55.4.12.1.8.1 Standard 1 – Dead End Road Length. Project is not located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or has secondary access for emergency vehicles and personnel, including wildland fire equipment.
Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
multaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:
55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a centerline stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or
55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of these road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County; including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.
55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.
55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s). (FEIR mitigation measure 3.12-2)
55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.
55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” as adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:
55.4.12.1.8.3.1.1Impacts from point source and non-point source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain stormwater from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.
55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.
55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.
55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.
55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.
55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.
55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing. ¶
55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA Secretary, or similar information.
55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.
55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.
55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.
55.4.12.1.9The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited. (FEIR mitigation measure 3.4-4)
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing development activities shall implement the following measures from the final environmental impact report (FEIR), as described in Sections 313-55.4.12.1.10.1 through 31355.4.12.1.10.14, as applicable.
| Mitigation Measure # |
Description of Mitigation |
|---|---|
| 3.4-1a | Biological reconnaissance surveys |
| 3.4-1b | Special-status amphibian surveys and relocation/buffers |
| 3.4-1c | Westernpond turtle surveys and relocation/buffers |
| 3.4-1d | Nestingraptor surveys and relocation/buffers |
| 3.4-1e | Northern spotted owl surveys |
| 3.4-1f | Special-status nestingbird surveys/buffers |
| Mitigation Measure # |
Description of Mitigation |
| --- | --- |
| 3.4-1g | Marbled murrelet habitat suitabilitysurveys/buffers |
| 3.4-1i | American badger surveys and buffers |
| 3.4-1j | Fisher and Humboldt marten surveys and den site preservation/buffers |
| 3.4-1k | Bat surveyand buffers |
| 3.4-1l | Vole surveyand relocation/buffers |
| 3.4-3a | Special-statusplants surveys |
| 3.4-4 | Protection of sensitive natural communities, riparian habitat,wetland vegetation,includingESHA |
| 3.4-6b | Retention of fisher and Humboldt marten habitat features |
| 3.4-5 | Waters of the United States |
55.4.12.1.10.1 Biological Reconnaissance Surveys (FEIR Mitigation Measure 3.4-1a). Prior to approval of any application for commercial cannabis operations, a biological reconnaissance survey shall be conducted within the proposed development area by a qualified biologist. The qualified biologist shall assess the habitat suitability of the proposed development area for all special-status species and sensitive natural communities with the potential to occur in the subject area. The biologist shall include a letter or report with the permit application documenting whether special-status species and/or sensitive habitats are present or have the potential to occur within or adjacent to the proposed development area. If special-status species or sensitive habitats are present, the environmentally sensitive habitat area (ESHA) shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.
tent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.
55.4.12.1.10.2 Special-Status Amphibians (FEIR Mitigation Measure 3.4-1b). If special-status amphibians are detected during the initial biological reconnaissance survey, or during the preconstruction survey, or are determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive amphibian habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable habitat for special-status amphibians is present within the proposed development area, a qualified biologist familiar with the life cycle of regionally occurring special-status amphibians shall conduct seasonally appropriate preconstruction surveys for the applicable amphibian life stages (i.e., eggs, larvae, adults) no more than forty-eight (48) hours prior to commencement of development within the proposed development area plus a four hundred (400) foot buffer area around the proposed development area.
55.4.12.1.10.3 Western Pond Turtle (FEIR Mitigation Measure 3.4-1c). If western pond turtle is detected during the initial biological reconnaissance survey, or during the preconstruction survey, or is determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive western pond turtle habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.
biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.
55.4.12.1.10.4 Nesting Raptors (FEIR Mitigation Measure 3.4-1d). To avoid impacts to nesting raptors, tree removal activities shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with CDFW, that there is no active nest present in the tree. Prior to ground-disturbing activities between February 1st and August 31st, a qualified biologist shall conduct preconstruction surveys for nesting raptors and shall identify active nests within five hundred (500) feet of the proposed development area. Surveys shall be conducted between February 1st and August 31st. To avoid impacts to nesting raptors, appropriate no-disturbance buffers around active nests shall be established, in consultation with CDFW, that will protect sensitive nesting raptor habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Buffer areas shall be delineated with construction fencing, and no activity shall occur within the buffer areas until a qualified biologist has determined, in consultation with CDFW, that the young have fledged, the nest is no longer active, or reducing the buffer would not likely result in nest abandonment. Monitoring of the nest by a qualified biologist during and after construction activities shall be required if the activity has the potential to adversely
affect the nest. In no case shall nests or nest trees of bald eagles or golden eagles be removed (both active and nonactive eagle nests shall be protected).
55.4.12.1.10.5 Northern Spotted Owl (FEIR Mitigation Measure 3.4-1e). If the biological reconnaissance survey determines that suitable habitat for northern spotted owl (NSO) is present within or adjacent to the area of proposed development, or if the project site is within 1.3 miles (average species home range) of a known occurrence of NSO, as determined by a qualified biologist, the following measures shall be implemented to avoid disturbance to sensitive NSO habitat areas. Prior to removal of any trees or prior to grounddisturbing activities adjacent to or within suitable NSO nesting, roosting, or foraging habitat (e.g., forest clearings), a qualified biologist familiar with the life history of NSO shall conduct preconstruction surveys for nests within a 1.3-mile buffer around the site according to agency-approved protocols. Surveys shall be conducted between March 1st and August 31st, with three (3) complete surveys spaced at least seven (7) days apart to be completed by June 30th and a total of six (6) complete surveys over the course of two (2) years completed to determine presence or absence of NSO. If NSO(s) is determined to be present within 1.3 miles of the site, - proposed cultivation activities shall not be permitted. See also Section 313 55.4.12.6 (Performance Standard for Noise).
55.4.12.1.10.6 Special-Status Nesting Birds (FEIR Mitigation Measure 3.4-1f). To minimize the potential for disturbance to bank swallow, little willow flycatcher, tricolored blackbird, western snowy plover, western yellow-billed cuckoo, and other special-status nesting bird habitat areas, vegetation removal shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with USFWS and/or CDFW, that there is no active nest present in the area. Preconstruction surveys shall occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.
l occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.
55.4.12.1.10.7 Marbled Murrelet (FEIR Mitigation Measure 3.4-1g). If the biological reconnaissance survey determines that suitable habitat for marbled murrelet is present within or adjacent to the area of proposed new development, preconstruction surveys for marbled murrelet shall be conducted by a qualified biologist familiar with the life history of the marbled murrelet. Preconstruction surveys shall be conducted for nests within a one-quarter (0.25) mile buffer area around the project site according to agency-approved protocols. Surveys shall be conducted between April 15th and August 5th. If marbled murrelet is determined to be present, a onequarter (0.25) mile no-disturbance buffer area shall be established around the sensitive habitat area until the end of the marbled murrelet breeding season (until August 6th). No equipment or activities shall occur within the no-disturbance buffer. See also Section - 313 55.4.12.6 (Performance Standard for Noise).
55.4.12.1.10.8 American Badger (FEIR Mitigation Measure 3.4-1i). If the biological reconnaissance survey determines that suitable habitat for American badger is present within or adjacent to the area of proposed new development, then no more than thirty (30) days prior to commencement of construction a qualified biologist shall conduct preconstruction surveys of suitable badger burrow/den habitat areas to identify the presence of any badger burrows/dens. If occupied burrows/dens are found, sensitive badger habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.
ted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.
55.4.12.1.10.9 Fisher and Humboldt Marten (FEIR Mitigation Measures 3.4-1j and 3.4-6b). If the biological reconnaissance survey determines that suitable habitat for fisher and/or Humboldt marten is present within or adjacent to the area of proposed development, then prior to commencement of construction and during the denning season of March 1st to July 31st a qualified biologist shall conduct preconstruction surveys of all suitable habitats to identify potential dens as well as any sightings of individual fishers or martens. If there are individual sightings or if potential dens are found, sensitive fisher and/or marten habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with USFWS and CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with USFWS and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.
S and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.
55.4.12.1.10.10 Special-Status Bats (FEIR Mitigation Measure 3.4-1k). If the biological reconnaissance survey determines that suitable hibernation and/or maternal roosting habitat for special-status bat species is present within or adjacent to the area of proposed new development, then prior to commencement of construction and during the appropriate roosting season(s) a qualified biologist shall conduct preconstruction surveys of all suitable roosting habitat areas. If occupied bat roosts are found, sensitive bat roosting areas shall be protected from significant disruption of habitat values consistent with local coastal land use plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until roosting activities are complete, as determined by a qualified biologist in consultation with CDFW. For pallid bats and Townsend’s big-eared bats, the minimum size of the no-disturbance buffer area shall be four hundred (400) feet, and mitigation shall be required for impacts to nonoccupied roosting habitat of these bat species. A mitigation plan for any permitted disturbance to nonoccupied pallid and/or Townsend’s big-eared bat roosting habitat shall be developed in consultation with CDFW and shall be required to be implemented as a condition of permit approval.
55.4.12.1.10.11 Special-Status Voles (FEIR Mitigation Measure 3.4-1l). If the biological reconnaissance survey determines that suitable nesting habitat for Sonoma tree vole and/or white-footed vole is present within or adjacent to the area of proposed development, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.
elopment, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.
55.4.12.1.10.12 Special-Status Plants (FEIR Mitigation Measure 3.4-3a). During the blooming period(s) for the special-status plant species with the potential to occur in areas of proposed cannabis activities, as determined during the biological reconnaissance survey, a qualified botanist shall conduct protocol-level surveys for special-status plants and shall include survey results as part of the permit application. If special-status plants are found, sensitive plant habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
55.4.12.1.10.13 Sensitive Natural Communities (FEIR Mitigation Measure 3.4-4). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact sensitive natural communities, including, but not limited to, riparian areas; old-growth forests; oak woodlands; fish-bearing streams; coastal wetlands; northern foredune grasslands; and coastal terrace prairie. If sensitive natural communities are present, the sensitive areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
55.4.12.1.10.14 Coastal Waters and Wetlands (FEIR mitigation measure 3.4-5). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact coastal wetlands, streams, rivers, creeks, or natural drainage courses. If sensitive wetlands, waters, or drainage courses are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
s are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
During provisional permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required to evaluate conformity with local coastal program policies and standards in consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to relocate to outside of the northern spotted owl activity area.
55.4.12.1.11 Performance Standard for Hazardous Material Site Assessments and Contingency Plans (FEIR Mitigation Measures 3.7-2a and 3.7-2b). Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I Environmental Site Assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
l risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
55.4.12.1.11.1Where (a) contamination at the project site has been verified, or (b) new ground disturbance is proposed on a property previously developed with an industrial or heavy commercial use, a hazardous materials contingency plan shall be submitted for County review and approval during permit review, in consultation with Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control, as applicable. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance. The plan shall describe the necessary actions that would be taken if evidence of contaminated soil or groundwater is encountered during construction. The contingency plan shall identify conditions that could indicate potential hazardous materials contamination, including soil discoloration, petroleum or chemical odors, and presence of USTs or buried building material. The plan shall include the provision that if, at any time during constructing the project, evidence of soil and/or groundwater contamination with hazardous material is encountered, construction shall immediately cease and the County shall be contacted per Section 31355.4.12.1.11.3.
55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.
55.4.12.1.11.3If at any time during construction evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
55.4.12.1.12 Performance Standard for Stormwater Management (FEIR Mitigation Measure 3.8-4). Projects shall include a plan detailing stormwater management for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain or improve preproject drainage conditions, and in particular that there will be no net increase in the volume of stormwater runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.
55.4.12.1.13 Performance Standard for Management of Waste and Hazardous Materials (FEIR Mitigation Measure 3.13-1a).
55.4.12.1.13.1All projects shall include a materials management plan (MMP) for proper disposal of project-related waste at legally authorized disposal sites. Examples include solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.). The MMP shall include a detailed description of activities and processes occurring on site and the type and quantity of items produced. The MMP shall be submitted to the County Division of Environmental Health (DEH) and public agencies or private enterprises accepting waste materials. Commercial cannabis permits shall not be granted without approval of the MMP relevant agencies.
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a hazardous materials management plan (HMMP) which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.
ciated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.
55.4.12.1.14 Performance Standard for Protection of Historical Resources (FEIR Mitigation Measure 3.5-1). Projects proposing the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s Professional Qualification Standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.
55.4.12.1.15 Performance Standard for Inadvertent Discovery of Archaeological and Paleontological Resources (FEIR Mitigation Measures 3.5-2 and 3.6-5).
55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate Tribal Historic Preservation Officer(s), are to be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.
55.4.12.2 Additional Miscellaneous Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
General Standards Applicable to All Commercial Cannabis Activities
55.4.12.2.1All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).
55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies; provided, that all water quality protection requirements of the local coastal area plan are met.
55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.
Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.
55.4.12.2.4All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.
Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.
55.4.12.2.5Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as: “a sudden, unexpected occurrence demanding immediate action.”
55.4.12.2.6Provide and maintain an approved means of sewage disposal that meets the required standards of the County Division of Environmental Health and/or the Regional Water Quality Control Board, as applicable.
55.4.12.2.7All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday. (FEIR mitigation measure 3.10-1)
55.4.12.3(Reserved for Future Use)
55.4.12.4 Performance Standard for Light Pollution Control. ¶
55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded (e.g., with tarps) so that no light escapes between sunset and sunrise.
55.4.12.4.2Any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.
55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 313-55.4.5.3.
55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:
55.4.12.5.1Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2On-site renewable energy system with up to twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed by the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
55.4.12.6 Performance Standard for Noise at Cultivation Sites (FEIR Mitigation Measure 3.4-1h). Noise from cultivation and related activities shall not result in an increase of more than three (3) decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three (3) or more property lines when all cannabis related activities are not in operation. Project-generated sound must not exceed ambient nesting conditions by twenty (20) to twenty-five (25) decibels. Project-generated sound, when added to existing ambient conditions, must not exceed ninety (90) decibels.
55.4.12.6.1Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at
a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result. Marbled murrelet and northern spotted owl are most active during dawn and dusk. Within approximately two (2) hours of sunrise and sunset, ambient sound levels are lower than during the middle of the day (by approximately five (5) to ten (10) decibels). This will be accounted for when determining impacts of project-generated sound.
55.4.12.6.2The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.2.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.2.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.2.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.2.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.
55.4.12.7 Performance Standards for Cannabis Irrigation. In addition to the requirements of Section 313-55.4.6.3.2 that irrigation shall exclusively utilize stored water from nondiversionary sources, or water from a public or private water supplier (if adequate capacity exists for irrigation use, as determined by the public or private water supplier), all cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
Documentation of Current and Projected Water Use
55.4.12.7.1All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff. At a minimum, the following items shall be included:
55.4.12.7.1.1Information identifying the cultivation season(s).
55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.
55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, if applicable, showing volume in gallons.
55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.
Metering and Recordkeeping
55.4.12.7.2A metering device shall be installed and maintained on all locations of water withdrawal (including wells). The meter shall be located at or near the point of withdrawal.
55.4.12.7.3A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.4Operators shall maintain a weekly record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.
55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:
Existing Ponds and Reservoirs
55.4.12.8.1To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.
55.4.12.8.2Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from or outlets to a nearby stream or wetland.
55.4.12.8.3Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.4All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions
for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting timeframes.
Bladders and Above-Ground Pools, and Similar Vessels
55.4.12.8.5Use of bladders, above-ground pools, and similar vessels is prohibited. Where a provisional cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.
Tanks Located in Designated Flood Zones
- 55.4.12.8.6Tanks shall be sited consistent with the setbacks requirements of Section 313 55.4.5.1.3 at least one (1) foot above the base flood elevation or wet flood proofed and anchored.
55.4.12.9 Performance Standard for Wells on Small Parcels (FEIR Mitigation Measure 3.8-3). Cultivation site(s) located on lot sizes of forty (40) acres or smaller, where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. A coastal development permit shall be required for new test wells. These tests shall be conducted by a qualified professional and preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring. As part of the annual inspection process, cultivation operators shall provide the County with groundwater monitoring data for on-site well facilities that documents well production and changes in groundwater levels during each month of the year. Should this monitoring data identify potential drawdown impacts to adjacent well(s) and indicate a connection to operation of the on-site wells, the cultivation operators, in conjunction with the County, shall develop adaptive management measures to allow for recovery of groundwater levels. Adaptive management measures may include forbearance, water conservation measures, reductions in on-site cannabis cultivation, alteration of the groundwater pumping schedule, or other measures determined appropriate. Adaptive management measures that involve development shall require CDP authorization. Adaptive management measures shall remain in place until groundwater levels have recovered to preproject conditions based on annual monitoring data provided to the County as part of subsequent annual inspections. In addition, as required by Section 31355.4.6.4.4.1.9, proposed new agricultural wells shall observe all prescribed setbacks and limitations pertaining to the use of land adjacent to ESHA, including, but not limited to, wetlands and streams.
55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.
55.4.12.11 Existing Site Reconfiguration. ¶
55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration can be permitted consistent with the certified local coastal land use plan of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.
55.4.12.11.2A biological resource protection plan must also be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within the environmentally sensitive habitat area.
55.4.12.11.3Preexisting cultivation areas to be relocated must be restored to predisturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.
55.4.12.11.5All relocated road segments must be fully decommissioned and restored to predisturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.6All remediation activities shall be performed in accordance with the remediation performance standard (Section 31355.4.12.13).
55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.
55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.
55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.
55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).
See also the performance standards of Section 313-55.4.12.1.11, which also apply to some industrial and commercial properties.
55.4.12.13 Performance Standard for Remediation Activities. In addition to the requirements of Section 313-55.4.6.6, all remediation activities shall restore the site to predevelopment conditions to the maximum extent feasible. A mitigation and monitoring plan shall be submitted subject to review and approval of the Hearing Officer. The plan shall address prevention of damage to soil, plant and animal life, and surface and subsurface water supplies, and shall include standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations. Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1Public visitation may be permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts when meeting the requirements of this section.
55.4.12.14.2Public visitation may be permitted with a special permit and coastal development permit at sites located within those zones listed under Section 313-55.4.6.1.1 (AE and RA) when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 313-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.
55.4.12.14.3Visitation by the general public may include tours and tour groups, cannabis bed and breakfasts, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a coastal development permit and conditional use permit pursuant to Section 313-62.1.
55.4.12.14.4The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.4.1Sites located in those zones specified in Section 313-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. and 6:00 p.m.
55.4.12.14.4.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.4.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).
55.4.12.14.4.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.4.5 Road System and Driveways. ¶
55.4.12.14.4.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.12.14.4.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.4.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.
55.4.12.14.4.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.
55.4.12.14.4.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.4.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
55.4.12.14.4.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.4.6 Parking.
55.4.12.14.4.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.4.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.
55.4.12.15 Performance Standards for Tour Operators and Tour Sites. Tour Operators ¶
Tour operators shall comply with all of the following measures:
55.4.12.15.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.
55.4.12.15.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.
55.4.12.15.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
Tour Site Eligibility Criteria
Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.5The site(s) conform with the public accommodation performance standard.
55.4.12.15.6Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Plant Species Control (FEIR Mitigation Measure 3.4-3b). It is the responsibility of a certificate or permit holder to work to eradicate invasive plant species classified as invasive by the California Invasive Plant Council. As part of any application, the existence of invasive species on the project parcel shall be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. All required permits for invasive species removal shall be obtained prior to invasive species removal activities. Vegetation spoils shall be properly disposed of at a legally authorized landfill site to avoid further spread of invasive species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required as part of the annual permit renewal for commercial cannabis activities if invasive species remain or are found to have returned. Heavy equipment and other machinery used for commercial cannabis activities shall be inspected for the presence of invasive species prior to on-site use and shall be cleaned prior to entering the site to reduce the risk of introducing invasive plant species to the site.
55.4.12.17 Performance Standard for Visual Resources Protection. All development associated with a commercial cannabis operation shall comply with all applicable policies of the local coastal area plan for the protection of public visual resources. In addition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.
ddition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.
55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:
55.4.13.1Cultivation area of three thousand (3,000) square feet or less.
55.4.13.2
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic ce
Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
rtification standards or the substantial equivalent.
55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 313-43.2, “Right to Farm Ordinance,” said statement shall include information describing the possibility of commercial cultivation of cannabis.
55.5 INDUSTRIAL HEMP LAND USE REGULATIONS ¶
55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the coastal area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.
55.5.2 Applicability and Interpretation.
55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.
55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and, to this end, the provisions or application of this section are severable.
55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis. State Food and Agricultural Code Sections 81000 through 81015 require registered industrial hemp sites be a minimum one-tenth (0.1) acre for entities other than seed breeders or established agricultural research institutions.
55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions,” as defined in State Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2468, Section 1, 12/13/2011; Ord. 2634, § 2, 7/23/2019; Ord. 2638, §§ 2, 3, 2/4/2020; Ord. 2639, § 2, 2/4/2020; Ord. 2666, § 2, 2/9/2021; Ord. 2733, § 8, 3/5/2024)
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55.1 INDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE ¶
55.1.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.1 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Indoor Cultivation.”
55.1.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Indoor Cultivation (“this Code”) is to regulate the cultivation of cannabis for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany cannabis cultivation.
Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.
55.1.3 Applicability and Interpretation. ¶
55.1.3.1The indoor cultivation and processing of cannabis for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.
55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws.
55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.
55.1.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.1.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code. Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable State and County laws.
55.1.7 Definitions. ¶
Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Detached Accessory Building – Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Indoor Cultivation of Cannabis for Personal Use: cultivation and processing of cannabis for personal use indoors in a residence or detached accessory structure. The cultivation area may not exceed fifty (50) square feet or ten (10) feet in height. No more than six (6) cannabis plants may be cultivated for personal use in any residence or detached accessory structure at any time. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
55.1.8 Indoor Cultivation for Personal Use. The County shall not interfere with indoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Cultivation of cannabis for personal use in a residence shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Cannabis cultivation in detached accessory buildings shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.3A total of fifty (50) square feet of indoor cannabis cultivation for personal use, which does not exceed six (6) plants or ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than six (6) plants, fifty (50) square feet or more than ten (10) feet in height of cannabis cultivation area per residence on the parcel, regardless of the number of persons residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The cannabis cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, and secured against unauthorized entry; and
55.1.8.5Grow lights for cannabis cultivation for personal use in a residence or a detached accessory building shall not exceed one thousand two hundred (1,200) watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of cannabis in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the indoor cultivation of cannabis for personal use is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor cannabis cultivation or processing in a residence or a detached accessory building is prohibited; and
55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of cannabis in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
55.1.8.9On parcels that contain more than one (1) residence, no odor of cannabis shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one (1) residence, no odor of cannabis shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the cannabis cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of cannabis from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and
55.1.8.10From a public right-of-way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor cannabis at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Cannabis cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a cottage industry or a home occupation, and are not eligible for an address of convenience; and
55.1.8.12No sale, trading, or dispensing of cannabis is allowed on a parcel where indoor cultivation of cannabis for personal use occurs; and
55.1.8.13No person may cultivate cannabis for his or her personal use in more than one (1) residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where cannabis is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for cannabis cultivation; and
55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor cultivation of cannabis for personal use; and
55.1.8.16The indoor cultivation of cannabis for personal use shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
55.1.8.17Indoor cultivation of cannabis for personal use must comply with all applicable State and County laws, including fire and building codes.
55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.
55.1.8.19Outdoor cultivation, as described in Section 313-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein.
55.2 OUTDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE ¶
55.2.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.2 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Outdoor Cultivation.”
55.2.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Outdoor Cultivation (“this Code”) is to establish reasonable regulations governing the outdoor cultivation of cannabis for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor cannabis cultivation.
Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.
55.2.3 Applicability and Interpretation. ¶
55.2.3.1The outdoor cultivation and processing of cannabis for personal use within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.
55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt, any outdoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws. If outdoor cultivation of cannabis for personal use involves development as defined under Section 30106 of the Coastal Act, pursuant to Section 312-3.1.4 a coastal development permit must be secured, unless the development is exempted or excluded under the California Public Resources Code (Section 30000, and following) or the California Code of Regulations.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.
55.2.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Acre: means forty-three thousand five hundred sixty (43,560) square feet. See also the definition of “Lot Size” found under Section 313-147.
Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Canopy: means the area, in square feet, of vegetative growth, of a cannabis plant including starts.
Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Outdoor Cultivation of Cannabis for Personal Use: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more cannabis plants, or any part thereof, in any outdoor location. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.
Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this section.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, Section 1238, to receive school buses, as defined in California Vehicle Code Section 233, or school pupil activity buses, as defined in Vehicle Code Section 546.
Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.
55.2.7 Outdoor Cultivation for Personal Use. The County shall not interfere with outdoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, all outdoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:
55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 313-147.
55.2.7.2Cultivation of cannabis outdoors for personal use is allowed as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:
55.2.7.2.1On parcels one (1) acre or smaller in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of the cannabis cultivated outdoors does not exceed one hundred (100) square feet in size, and no part of the cultivation area occurs within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of cannabis cultivated outdoors does not exceed two hundred (200) square feet in size, no part of the cultivation area occurs within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
55.2.7.2.3No outdoor cultivation for personal use may occur within six hundred (600) feet of any school, school bus stop, public park, place of religious worship, or traditional Native American cultural site, so long as these uses existed prior to the outdoor cultivation of cannabis in compliance with this Code; and
55.2.7.2.4Indoor cannabis cultivation for personal use may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5No person may cultivate cannabis for his or her personal use in more than one (1) residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and
55.2.7.2.6Cultivation within a greenhouse or “hoophouse” for personal use shall be deemed outdoor cultivation subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks; and
55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor cultivation of cannabis for personal use; and
55.2.7.2.8The outdoor cultivation of cannabis shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of cannabis pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a lake and streambed alteration agreement is necessary. If such an agreement is required, the water use must comply with all of its terms.
55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of cannabis for personal use may only be done by a person who occupies a permitted residence located on the same property that is host to the cultivation activities. If the person cultivating cannabis outdoors for personal use is not the owner of the property, they must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent, specifically approving the outdoor cultivation on the property.
55.2.8 Enforcement. ¶
55.2.8.1Any violation of this section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law. Development that exceeds the minimum necessary to abate the public nuisance requires a Coastal Development Permit.
55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship:
55.2.9.1 Low Odor Strains. To alleviate the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.
55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.
55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.
55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near cannabis or the area where cannabis is being cultivated. Grow, process, and store cannabis in as “organic” and safe a fashion as possible to reduce potential adverse effects during use.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices – Northern California Farmer’s Guide.
55.3 MEDICAL CANNABIS DISPENSARIES ¶
55.3.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.3 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the Cannabis Land Use Code for Medical Dispensaries. This section applies to all cannabis dispensaries, as defined in this Code, that are located in the Coastal Zone.
55.3.2 Purpose and Intent. The purpose of this section is to minimize the negative land use impacts that can be associated with the dispensing of cannabis by a dispensary, as defined herein.
55.3.3 Applicability and Interpretation. ¶
55.3.3.1These regulations shall apply to the locating and permitting of cannabis dispensaries in zoning districts which authorize this use, as specified under Section 313-55.3.8.2.
55.3.3.2The distribution of cannabis by cannabis dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.
55.3.3.3Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, and any applicable State laws.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt cannabis dispensaries, as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis dispensaries.
55.3.3.6The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Section 313-135 et seq. and Section 111-1 et seq. may also apply to this Code.
55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for cannabis dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of cannabis dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of cannabis.
55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws.
55.3.7 Definitions. Except as otherwise provided, when used in this Code, the following terms shall have the following meanings:
Cannabis: means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Cannabis Delivery Service: a cannabis dispensary, as defined herein, that delivers cannabis to persons from a “store-front” base of operations located in a commercial or industrial zone within the unincorporated area of Humboldt County. A cannabis delivery service shall not be operated from a residential-zoned parcel and is not eligible for an address of convenience.
Cannabis Dispensary: a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of retail sale. This does not include Cannabis Research Laboratories and Testing Facilities, and Cannabis Business Offices, as described under Sections 313-55.3.13 and 313-55.4.
Church: a nonprofit organization that operates exclusively for religious purposes and is an organization as described in Section 501(c) (3) of the Internal Revenue Tax Code, as amended. For purposes of this Code, “church” includes a church, synagogue, temple, mosque, or other place of worship and related church property, such as a school or a youth camp.
Dispensing: any activity involving the retail sale of cannabis or cannabis products from a dispensary.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Place Where Children Congregate: may include, but is not limited to, a school bus stop, park, playground, a school as defined herein, tutoring facility, or any establishment that either advertises in a manner that identifies it as providing services primarily intended for minors or the individuals who regularly patronize, congregate, or assemble at the establishment are primarily minors.
Residential Treatment Facility: a facility, whether residential or nonresidential, providing treatment for drug or alcohol dependency.
School: public or private institution of learning for minors offering a regular course of instruction as required by the California Education Code, or any child or day care facility licensed by the State of California. This includes a nursery school, kindergarten, Head Start program, elementary school, middle school, high school, continuation or vocational school for minors, or any special institute of education, but it does not include a vocational or professional institution of higher education primarily intended for students over eighteen (18), such as a community or junior college, college, or university.
55.3.8 General Provisions. This section applies to all cannabis dispensaries, as defined in this Code.
55.3.8.1All cannabis dispensaries shall operate in compliance with this Code, and all other applicable State and local laws.
55.3.8.2Cannabis dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit and coastal development permit, issued pursuant to Section 312-3.1. Zoning districts where a dispensary may be located are CN, CG, MB, and ML. Dispensaries may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.
55.3.8.3The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a coastal development permit and a conditional use permit from the County of Humboldt to operate a dispensary within the jurisdiction of the County.
55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure public safety and to ensure the security of the cannabis.
55.3.9 Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, and in addition to the requirements applicable to adult use retail sales of cannabis in Section 313-55.4, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a cannabis dispensary:
55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
55.3.9.2The Planning Commission shall specifically regulate the location of cannabis dispensaries by considering the potential impacts and cumulative impacts of proposed cannabis dispensaries to the community area as a whole and specifically on the following existing uses located within a six hundred (600) foot radius of a proposed dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit or a coastal development permit for any proposed cannabis dispensary within six hundred (600) feet of the following uses if the Commission determines that the impacts of a proposed dispensary have the potential to be significant on the following uses:
55.3.9.2.1Residential neighborhoods and their inhabitants;
55.3.9.2.2Church, as defined herein;
55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
55.3.9.2.4Residential treatment facilities, as defined herein; and
55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a six hundred (600) foot radius of the proposed new facility.
55.3.9.3No cannabis dispensaries, operators, establishments, or providers who possess, cultivate, or distribute cannabis shall be located within a six hundred (600) foot radius of a school. This distance shall be measured in a straight line from the property line of the school to the property line of the cannabis dispensing facility, operator, establishment, or provider.
55.3.9.4Submission of an operations manual and compliance with the operating standards, pursuant to Sections 55.3.10 and 55.3.11.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit or a coastal development permit, cannabis dispensaries shall submit to the Planning Commission an operations manual which provides for the following:
55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit and coastal development permit applications, the operations manual, and the operating standards at any time before or after the conditional use permit and coastal development permit are issued; and
55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and
55.3.10.3The hours and days of the week when the dispensary will be open; and
55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a six hundred (600) foot radius; and
55.3.10.5A description of the security measures located on the premises, including but not limited to lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients; and
55.3.10.6A description of the screening process and procedures for clients; and
55.3.10.7A description of client records acquisition and retention procedures and policies; and
55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of cannabis that come in and go out of the dispensary; and
55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and
55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and
55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all cannabis distributed; and
55.3.10.12The procedure and documentation process for determining dosage, including any testing for the major active agents in cannabis offered to clients, such as cannabinoids tetrahydrocannabinol (THC), cannabidiol (CBD), and cannabinol (CBN); and
55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and
55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their operations manual as approved by the Planning Commission. Any deviations from or changes in the operations manual must be submitted to the Planning and Building Department for review for conformance with the approved permit. No changes in the operations manual are allowed unless authorized in writing by the Planning and Building Department.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, cannabis dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Cannabis delivery services shall only operate from a “store-front” dispensary in a commercial or industrial zone with an approved conditional use permit and coastal development permit; and
55.3.11.2Cannabis dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and
55.3.11.3No dispensing of cannabis to an individual shall be permitted more than twice a day; and
55.3.11.4The hours of operation of cannabis dispensaries shall be no earlier than 10:00 a.m. and no later than 7:00 p.m.; and
55.3.11.5Cannabis Dispensaries shall only provide cannabis to an individual over the age of twenty-one (21) or qualified patients or caregivers as defined in Health and Safety Code Section 11357 et seq.; and
55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the dispensary. A copy of the client rules and/or regulations shall be provided to clients by a cannabis delivery service; and
55.3.11.7Each building entrance to a cannabis dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
55.3.11.8No cannabis dispensary or delivery service shall provide cannabis to any qualified patient who is under eighteen (18) unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of cannabis; and
55.3.11.9All cannabis dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
55.3.11.10All cannabis dispensed by dispensaries must be obtained in accordance with applicable State and local laws; and
55.3.11.11All signs for cannabis dispensaries must comply with Sections 313-87.3 and 314-87.2; and
55.3.11.12An up-to-date inventory of all hazardous materials stored and used on site shall be maintained on the premises of the cannabis dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.13Cannabis dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
55.3.11.14Cannabis dispensaries shall comply with any and all conditions of their conditional use permit and coastal development permit.
55.3.12 Permit Revocation and Transfer. ¶
55.3.12.1A conditional use permit and coastal development permit shall be revoked or modified according to Section 312-14 (Revocation Procedures). Permit revocation or modification shall be sought for noncompliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.
55.3.12.2Conditional use permits and coastal development permits to operate a cannabis dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.13 Cannabis Business Offices. Business offices for cannabis dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code.
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE… ¶
55.4.1 Authority and Title. This section (hereafter all references to “this section” means Section 313-55.4 et seq. of the Humboldt County certified coastal zoning regulations) shall be known as the Coastal Commercial Cannabis Land Use Ordinance (“CCCLUO”), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Coastal Zone Area of the County of Humboldt.
55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment and increases public awareness and community health and safety, while creating a clear and attainable path for operators to follow and authorities to enforce, and while protecting coastal resources consistent with the California Coastal Act, Public Resources Code Section 30000 et seq., as part of the County of Humboldt’s Local Coastal Program.
These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twentyone (21) years of age or older.
55.4.3 Applicability and Interpretation. ¶
55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. This section is not intended to supersede the provisions of Section 313-55.1 or 313-55.2, excepting Sections 313-55.4.3.6, 313-55.4.3.7, and 313-55.4.10.1.
55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area coastal development permit regulations as well as other applicable provisions of the County Code.
55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.
55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 313-135 et seq. may also apply to this section.
55.4.3.5A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCCLUO for any commercial cannabis activity regulated by this section, or Section 313-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.
55.4.3.6Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”
55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.
55.4.3.8The commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the General Agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, coastal development permit or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.9Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any other zoning district other than those zoning districts where it is expressly permitted.
55.4.3.10The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, coastal development permit or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.11No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, coastal development permit or use permit required under this section.
55.4.3.12 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.4.4 Definitions. ¶
“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.
“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.
“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.
“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
“Captured rainfall” means rainwater catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.
“Category 4 Roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Appendix to Title III, Division 2.
“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.
“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.
“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.
“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”
“Cultivation site” means the location or a facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
“Dispensary” is a facility where commercial cannabis, commercial cannabis products, or devices for the use of commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers commercial cannabis and commercial cannabis products as part of retail sale.
“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.
“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from above ground irrigation.
“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light or indoor.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.
“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.
“FEIR” means the Final Environmental Impact Report for the CCCLUO certified by the County on May 8, 2018, under Resolution No. 18-40 for the amendments to the zoning regulations, known as the CCCLUO, prepared in compliance with the California Environmental Quality Act (CEQA), which includes mitigation and implementation measures and a Mitigation Monitoring and Reporting Plan to mitigate or avoid significant effects on the environment.
“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.
“Forbearance period” means the calendar days during which water may not be diverted from a waterbody or extracted from a well. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.
“Greenhouse” means an agricultural accessory structure typically constructed with transparent or translucent panels used for indoor, outdoor, or mixed-light commercial cannabis cultivation.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.
“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.
“Irrigation” means use of water by any commercial cannabis cultivation activity.
“Licensee” means a person issued a State license to engage in commercial cannabis activity.
“Local water source” means water withdrawal from a waterbody occurring on the same parcel(s) or premises, or in their vicinity.
“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.
“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than ten thousand (10,000) square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.
“Nondiversionary water source” means not involving the withdrawal of water from a waterbody.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a lawfully permitted conversion of timberland, conducted prior to January 1, 2016. For purposes of this section, nonforested areas refer to those lands with a land use designation other than coastal commercial timberland (TC).
“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.
“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.
“Outdoor” means cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 313-147.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.
ration, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.
“Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or entity holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument, shall not be considered a “person” for purposes of this section.
“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, and which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence, as potentially eligible for provisional permitting pursuant to this section. The maximum cultivation area that may be recognized for the purpose of provisional permitting of an unauthorized preexisting cultivation site is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above up to the maximum allowed pursuant to this section, whichever is smaller.
“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.
“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.
“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.
“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”
“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community services districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic. “Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.
“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.
“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from a one hundred percent (100%) renewable source.
“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in
concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. “Retailer” shall include medical cannabis dispensaries, as defined in and regulated by Section 313-55.3.
“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.
“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.
“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.
“Slope” means natural grade as defined in Section 313-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to Business and Professions Code Section 26000 et seq.
“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.
“Timberland” means land which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.
“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the Tribal Council or equivalent body.
“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by non-tribal members.
“Waterbody” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Waterbody” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.
55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits.
55.4.5.1 Special Area Provisions. In addition to the permit application requirements of Section 313-55.4.11, permit applications for commercial cannabis activities shall demonstrate compliance with special area provisions of Sections 313-55.4.5.1.1 through 31355.4.5.1.3 and all applicable performance standards of Section 313-55.4.12 et seq.
55.4.5.1.1No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3Notwithstanding any other provision of the certified LCP, no commercial cannabis activity shall be permitted within one - hundred (100) feet, at a minimum, of environmentally sensitive habitat area (ESHA), as defined in Section 313 143 (“Habitat Areas, Environmentally Sensitive”), or wetland, as defined in Section 313-158. In some cases, local coastal land use plans may require setbacks from wetlands and riparian areas to be greater than one hundred (100) feet. In addition, the buffer requirements of the - biological resources protections performance standard (Section 313 55.4.12.1.10) shall apply to all commercial cannabis activity.
55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.
55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): McKinleyville, Shelter Cove, and Trinidad-Westhaven. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the identified community planning areas (CPAs). For purposes of determining the Trinidad Planning Area, the Trinidad General Plan shall be utilized.
55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 313-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.
The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.
55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their Tribal Historic Preservation Officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).
55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, coastal development permit or use permit for commercial cannabis activity, as defined herein, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.
55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.
Any violation of this section, including but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of Title III. Development that exceeds the minimum necessary to abate the public nuisance requires a coastal development permit.
Whenever permit applicants seeking permits for commercial activities initiate operations ahead of permit issuance, or preexisting cultivation site operators seeking provisional permits expand cultivation operations ahead of permit issuance, the Director shall have discretion to:
55.4.5.3.1Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;
55.4.5.3.2Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings;
55.4.5.3.3Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person within the County of Humboldt. For purposes of this limitation, any natural person who owns or controls any interest, directly or indirectly, in a firm, partnership, joint venture, association, cooperative, collective, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit shall be collectively considered a single person with those entities. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 313-55.4.6.1.2.1.
55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to ten thousand (10,000) square feet may be permitted on a parcel).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Authorization for any commercial cannabis activity zoning clearance certificate, special permit, coastal development permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
evelopment permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
55.4.5.7 Annual Inspections. Annual compliance inspections are required, pursuant to Section 313-55.4.5.6. If the inspector or other County official determines that the site does not comply with the conditions of approval, the inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed.
Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed timeframes, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, coastal development permit or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.
55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.
55.4.5.8.2The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.
55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.
55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries may be permitted with a coastal development permit and special permit, use permit, or zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified; provided, that processing, drying, product grading, curing or trimming may only be conducted within lawfully constructed nonresidential structures that were in existence on January 1, 2016:
55.4.6.1 Eligibility Criteria – Agricultural and Rural Residential-Agricultural Areas.
55.4.6.1.1Zoning AE and RA.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area. The minimum parcel size for commercial outdoor and mixed-light cultivation of cannabis in the Coastal Zone in the AE and RA Zones is twenty (20) acres, except for the exceptions provided in Sections 313-55.4.6.1.2.2 and 313-55.4.6.1.2.3.
55.4.6.1.2.1 Allowed Cultivation Area in the AE and RA Zones, Except on Lands With an Agriculture Exclusive/Grazing Plan Designation.
55.4.6.1.2.1.1Up to ten thousand (10,000) square feet of cultivation area with a special permit and coastal development permit;
55.4.6.1.2.1.2Greater than ten thousand (10,000) square feet to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a use permit and coastal development permit on any parcel less than three hundred twenty (320) acres in size, including a combination of separately permitted activities including those permitted pursuant to Section 313-55.4.6.5.7.2.
Exception to the one (1) acre maximum: On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit and coastal development permit, up to a maximum of eight (8) acres. All cultivation area must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions to the road standard may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.
55.4.6.1.2.2 On Parcels With an Agricultural Exclusive/Grazing Plan Designation. No outdoor cultivation or greenhouses are allowed in the AE Zone on lands with an agricultural exclusive/grazing plan designation (AEG). Outdoor or mixed-light cultivation may only be permitted within lawfully constructed nonresidential structures existing prior to January 1, 2016, with a zoning clearance certificate and coastal development permit.
55.4.6.1.2.3 Maximum Greenhouse Coverage Allowed in the AE and RA Zones for Existing Greenhouses. With a zoning clearance certificate and coastal development permit, up to one (1) acre of cultivation area may be authorized within existing commercial greenhouse structures. Additionally, cultivation area in excess of one (1) acre may be authorized within existing commercial greenhouse structures with a use permit and coastal development permit. In no case shall the total cultivation area within existing commercial greenhouse structures in the AE Zone on lands with prime agricultural soils exceed twenty percent (20%) of the area of the parcel. The greenhouse(s) must have been lawfully constructed prior to January 1, 2016. RA zoned property must be twenty (20) acres or larger in size.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas. ¶
55.4.6.2.1 Zoning. CG, ML, MG, and MC as an interim use per Section 313-104.1. ¶
55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.
55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a special permit and coastal development permit in the ML, MG, and MC Zones. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit and coastal development permit.
55.4.6.2.2.3In the CG Zone, open-air cultivation only is allowed in conjunction with microbusiness activities pursuant to Section 31355.4.10.2.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse (Section 313-55.4.12.12).
55.4.6.3 Eligibility Criteria – All Areas. ¶
55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use (Section 313-55.4.12.5).
55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier, if adequate capacity exists for irrigation use, as determined by the public or private water supplier. Water from on-site greywater systems is also authorized for year-round use.
55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 313-55.4.12.1.8.
55.4.6.4 Siting Criteria – All Areas. ¶
55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less. (Exceptions to the slope criteria are described in Section 313-55.4.6.5.1 and 313-55.4.6.5.2.)
55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016, and which obtained all necessary permits for vegetation clearing as applicable.
55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel or legal lot. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited.
55.4.6.4.4 Setbacks.
- 55.4.6.4.4.1 Standard Setbacks. In addition to the special area provision setbacks of Section 313 55.4.5.1 related to schools, tribal lands, ESHA, and wetlands, cultivation site(s) must also observe all of the following setbacks:
55.4.6.4.4.1.1Property lines: thirty (30) feet from any property line.
55.4.6.4.4.1.2Residences and undeveloped parcels: three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.
55.4.6.4.4.1.3Sensitive receptors: six hundred (600) feet from a church or other place of religious worship, public park, coastal public - access, commercial recreational facility (as defined by Section 313 153), tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.
55.4.6.4.4.1.4Tribal ceremonial sites: one thousand (1,000) feet from all tribal ceremonial sites.
55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses and only if findings can be made that the setback reduction conforms with all applicable policies of the local coastal area plan and the access policies of the Coastal Act. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet, but at a minimum maintenance of a setback of at least one hundred (100) feet, may be allowed with a special permit; provided, that (a) advanced notice is given to the person or agency responsible for managing or supervising the management of those lands, and (b) the permitted setback of less than six hundred (600) feet will be sufficient to prevent impacts that would significantly degrade adjacent open space/habitat areas and will be compatible with the continuance of those open space/habitat areas. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.
55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.
55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.
55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including agricultural wells and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting environmentally sensitive habitat areas (ESHA) or wetlands, as defined under Coastal Act regulations in Humboldt County Code and local coastal area plans.
55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 313-55.4.5.1.5 are subject to the following enhanced setbacks, unless confined to enclosed structures:
55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area.
55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.
55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
t may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of Section 313-55.4.6.4.4.2 are not applicable to any commercial cannabis activities conducted on a parcel zoned MG or MC.
55.4.6.5 Provisional Permitting of Preexisting Cultivation Sites. As set forth in the following subsections, preexisting cultivation sites that meet all other eligibility and siting criteria and performance standards, including but not limited to those described in Section 313-55.4.6.1, may be permitted with a special permit and coastal development permit within AE and RA zoning districts, except on lands with an agricultural exclusive/grazing (AEG) land use designation; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met. Permitting of preexisting cultivation sites is prohibited where located within the TC or TPZ Zones.
Permit applications for preexisting cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.
Applications for preexisting cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of - the documented preexisting cultivation area (not to exceed the maximum allowed under Section 313 55.4.6.1.2), and applications for
preexisting cultivation sites submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area (not to exceed the maximum allowed under Section 313-55.4.6.1.2). No new applications for preexisting cultivation sites shall be accepted after December 31, 2019.
55.4.6.5.1 Provisional Permitting of Preexisting Small Cultivation Sites. On parcels twenty (20) acres or larger in size other than those with an agricultural exclusive/grazing plan designation, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a special permit and coastal development permit; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met, if applicable, subject to the following additional requirements and allowances:
55.4.6.5.1.1The operator’s principal residence is located on the same parcel and the residence was in existence on or before January 1, 2016.
55.4.6.5.1.2No more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.3The road systems performance standards in Section 313-55.4.12.1.8.1 shall not apply.
55.4.6.5.1.4The road systems performance standards in Sections 313-55.4.12.1.8.3 and 313-55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 313-55.4.12.1.8.4.1, and submit a report prepared pursuant Section 31355.4.12.1.8.3.2, unless one has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.4.2Permitted improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.
55.4.6.5.1.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.
55.4.6.5.2Provisional permitting of preexisting cultivation sites located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a use permit and coastal development permit.
55.4.6.5.3In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit and coastal development permit, subject to all applicable performance standards.
55.4.6.5.4 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation at Provisional Sites. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.
55.4.6.5.4.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.4.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:
55.4.6.5.4.2.1Keeping of ancillary mother plants off site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.
55.4.6.5.4.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.4.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.
55.4.6.5.5 Provisional Permitting. An application for provisional permitting of a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and Building Department within one (1) year of issuance of the provisional clearance or permit. All
violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event more than two (2) years of date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall act as Hearing Officer.
As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.
If a provisional permit application for a preexisting cultivation site is denied, the penalties and enforcement provisions of Section 31355.4.5.3 shall apply, and, if required, an application shall be submitted to remove preexisting commercial cannabis-related development and restore the site to preproject conditions in accordance with the performance standard for remediation activities (Section 313-55.4.12.13).
55.4.6.5.6(Section reserved for future use)
55.4.6.5.7 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:
55.4.6.5.7.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that are in the Coastal Zone and were in operation at any time between January 1, 2006, and January 1, 2016, and are located in AE, RA, TC and TPZ Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 31355.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.
55.4.6.5.7.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting (a) the eligibility criteria specified in Section 313-55.4.6.1 or 313-55.4.6.2, excluding sites with an agricultural exclusive/grazing plan designation and sites in the MC Zone, (b) the special area provision setbacks of Section 313-55.4.5.1, (c) all applicable siting criteria, and (d) all applicable performance standards specified in Section 313-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 313-55.4.5.1.4. No new applications for RRR sites shall be accepted after December 31, 2019.
55.4.6.5.7.3Operators of RRR sites shall be eligible to receive a special permit and coastal development permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than twenty thousand (20,000) square feet. Operators of RRR sites with a cultivation area exceeding twenty thousand (20,000) square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a use permit and coastal development permit, but in no event larger than the cultivation area size limits specified in Sections 313-55.4.6.1 and 313-55.4.6.2.
55.4.6.5.7.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k).
More than one (1) RRR site may be permitted on relocation site parcels of twenty (20) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation permits issued for that parcel does not exceed one (1) acre. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel.
55.4.6.5.7.5In order to receive the benefits specified in Section 313-55.4.6.5.7.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard - for remediation activities (Section 313 55.4.12.13). The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so.
The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt shall, on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.
55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis cultivation, including but not limited to bags, pots, or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis, or cannabis waste products, imported soil or soil
amendments not incorporated into native soil, generators, pumps, or structures not adaptable to noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.
For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 313-55.4.5.3 and Chapter 1 of Division 5 of Title III.
55.4.6.7(Section reserved for future use)
55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) in each of the six (6) local coastal plan areas shall be as follows:
| Coastal Planning Area | Permits | Acres |
|---|---|---|
| North Coast Area Plan | 4 | 2 |
| Trinidad Area Plan | 0 | 0 |
| McKinleyville Area Plan | 4 | 2 |
| Humboldt BayArea Plan * |
38 | 13 |
| Eel River Area Plan | 112 | 39 |
| South Coast Area Plan | 13 | 5 |
| Total | 171 | 61 |
*Cannabis cultivation sites on properties zoned MG – industrial general or CG – commercial general with public water from the Humboldt Bay Municipal Water District may be exempt from the cap with a will-serve letter from the district providing public water service to the site.
Once the permit cap for a given local coastal plan has been reached, no additional permit applications for open air and indoor cultivation activities will be processed until the Planning Commission and Board of Supervisors consider a review of the limits and prescribed distribution of permitting and acreage allowances found in the above table and approve an increase in the cap by amendment of this section of the Humboldt County Code certified by the California Coastal Commission. Review shall occur at a noticed public hearing held during a meeting of the Board of Supervisors, during which the Board shall receive and consider a report providing an update on local permitting efforts. The report shall provide information detailing the number and status of all applications received, permits approved, compliance agreements that have been executed, and code enforcement actions undertaken by the Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.
Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.
55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. All cannabis support facilities must meet or exceed the setbacks from sensitive receptors and tribal ceremonial sites specified under Sections 313-55.4.6.4.4.1.3 and 313-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 313-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Section 313-55.4.6.2.1 (CG, ML, MG, and MC as an interim use) distribution, off-site processing, enclosed nurseries, community propagation centers within a lawfully constructed structure in existence prior to January 1, 2016, shall be principally permitted with a zoning clearance certificate and coastal development permit when meeting all applicable performance standards, as well as the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate and coastal development permit in CG, ML, MG, and MC as an interim use or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 and all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.7.3 Road Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.8 Indoor Cultivation and Manufacturing. ¶
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 313-55.4.6.1, 313-55.4.6.2, 313-55.4.6.3.1 and 313-55.4.6.3.2 and comply with the siting criteria specified in Sections 313-55.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4, and 313-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1Within those zones specified under Section 313-55.4.6.1.1 (AE and RA), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate and coastal development permit, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016.
- 55.4.8.1.2Within those zones specified under Section 313 55.4.6.2.1 (CG, ML, MG, and MC as an interim use):
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted (a) with a zoning clearance certificate within an existing lawfully constructed structure where the commercial activities do not meet the definition of development under the Coastal Act and (b) within a proposed structure subject to approval of a zoning clearance certificate and coastal development permit.
55.4.8.1.2.2Up to ten thousand (10,000) square feet of cultivation area may be permitted with a special permit and coastal development permit.
55.4.8.1.2.3A use permit and coastal development permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.1.3 Road Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.
de an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 31355.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4 and 313-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 313-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:
55.4.8.2.1 Flammable Extraction. ¶
55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit and coastal development permit in the MG Zone, as well as MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit and coastal development permit in the CG and ML Zones.
55.4.8.2.1.3All manufacturing activities involving flammable extraction must be conducted within a lawfully constructed commercial structure. Where located within those Zones specified under Section 313-55.4.8.2.1.2, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.3.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 313-55.4.5.1.
55.4.8.2.1.3.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.3.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.3.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and
location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.
55.4.8.2.2 Nonflammable Extraction. ¶
55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the MG Zone, or a conditional use permit and coastal development permit in the MC Zone as an interim use.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit and coastal development permit within CG and ML Zones.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit and coastal development permit within those zones specified under Section 313-55.4.6.1.1 (AE and RA) on parcels that meet the minimum parcel size requirements of Section 313-55.4.6.1.2, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016. In addition, cannabis manufacturing activities in the AE Zone shall be limited to the processing of the raw cannabis materials grown on site.
55.4.8.2.3 Infusion. ¶
55.4.8.2.3.1Manufacturing activities involving infusion may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the CG, ML, MG Zones, and the MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be permitted as a cottage industry in all zones which permit cottage industry activities, when in compliance with all performance standards.
55.4.8.2.3.3 Road Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.9(Reserved for future use)
55.4.10 Other Provisions. ¶
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use in the CG, CN, MB, and ML zoning districts, subject to approval of a use permit and coastal development permit. Adult use retail sales may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.10.2. All certified regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
55.4.10.2 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit and coastal development permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned RA or, AE). In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
Road Locational Criteria:
Adult use retail sales and microbusinesses with on-site customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard.
Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.
55.4.10.3 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a coastal development permit and use permit (in the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses) as required by Section 313-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and City of Ferndale. Any event must be managed to ensure that (a) all cannabis vendor participants are licensed; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.4 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit;
provided, that: (a) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.
55.4.10.5 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours (Sections 313-55.4.12.14 and 31355.4.12.15). In addition, businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate and coastal development permit, subject to meeting the following criteria:
55.4.10.5.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.5.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.
Tour businesses not meeting the above criteria may be permitted with a special permit and coastal development permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.
55.4.10.6 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties - in conformance with the public accommodation performance standards in Section 313 61.05 (“Short-Term Rentals”).
55.4.10.7 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities.
Transportation does not include warehousing or storage of cannabis.
55.4.10.8 Cannabis Research Gardens. Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
g requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
55.4.11 Application Requirements for Clearances or Permits. Applications shall be required to include any or all of the following information necessary to evaluate conformity of the proposed project with local coastal program policies and standards: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, and tribal cultural resources (if ground disturbance is proposed) and historical resources; assessments of project-related noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a provisional cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board. Applications shall also include an analysis of how the activity will conform to all applicable local coastal area plan policies and regulations including, but not limited to, those protecting ESHAs, wetlands, coastal public access, public visual resources, and visitorserving uses.
In addition to the application filing requirements that the County may require to determine project compliance with all applicable local coastal program policies and standards, the County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
ental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
55.4.12 Performance Standards. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards listed in Sections 313-55.4.12.1 through 313-55.4.12.17 and all other local coastal program policies and standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
55.4.12.1 Performance Standards for All Commercial Cannabis Activities.
55.4.12.1.1Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.
55.4.12.1.3Where subject to State licensure, participate in local and State programs for “track and trace” once available.
55.4.12.1.4Maintain a current, valid business license at all times.
55.4.12.1.5Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours’ prior notice, to be conducted by appropriate County officials during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7Comply with any special conditions applicable to the permit or premises which may be imposed.
55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable; provided, that road development or improvement to these standards conforms to all applicable local coastal area plan policies and regulations:
55.4.12.1.8.1 Standard 1 – Dead End Road Length. Project is not located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or has secondary access for emergency vehicles and personnel, including wildland fire equipment.
Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
multaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:
55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a centerline stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or
55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of these road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County; including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.
55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.
55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s). (FEIR mitigation measure 3.12-2)
55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.
55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” as adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:
55.4.12.1.8.3.1.1Impacts from point source and non-point source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain stormwater from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.
55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.
55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.
55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.
55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.
55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.
55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing. ¶
55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA Secretary, or similar information.
55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.
55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.
55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.
55.4.12.1.9The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited. (FEIR mitigation measure 3.4-4)
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing development activities shall implement the following measures from the final environmental impact report (FEIR), as described in Sections 313-55.4.12.1.10.1 through 31355.4.12.1.10.14, as applicable.
| Mitigation Measure # |
Description of Mitigation |
|---|---|
| 3.4-1a | Biological reconnaissance surveys |
| 3.4-1b | Special-status amphibian surveys and relocation/buffers |
| 3.4-1c | Westernpond turtle surveys and relocation/buffers |
| 3.4-1d | Nestingraptor surveys and relocation/buffers |
| 3.4-1e | Northern spotted owl surveys |
| 3.4-1f | Special-status nestingbird surveys/buffers |
| Mitigation Measure # |
Description of Mitigation |
| --- | --- |
| 3.4-1g | Marbled murrelet habitat suitabilitysurveys/buffers |
| 3.4-1i | American badger surveys and buffers |
| 3.4-1j | Fisher and Humboldt marten surveys and den site preservation/buffers |
| 3.4-1k | Bat surveyand buffers |
| 3.4-1l | Vole surveyand relocation/buffers |
| 3.4-3a | Special-statusplants surveys |
| 3.4-4 | Protection of sensitive natural communities, riparian habitat,wetland vegetation,includingESHA |
| 3.4-6b | Retention of fisher and Humboldt marten habitat features |
| 3.4-5 | Waters of the United States |
55.4.12.1.10.1 Biological Reconnaissance Surveys (FEIR Mitigation Measure 3.4-1a). Prior to approval of any application for commercial cannabis operations, a biological reconnaissance survey shall be conducted within the proposed development area by a qualified biologist. The qualified biologist shall assess the habitat suitability of the proposed development area for all special-status species and sensitive natural communities with the potential to occur in the subject area. The biologist shall include a letter or report with the permit application documenting whether special-status species and/or sensitive habitats are present or have the potential to occur within or adjacent to the proposed development area. If special-status species or sensitive habitats are present, the environmentally sensitive habitat area (ESHA) shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.
tent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.
55.4.12.1.10.2 Special-Status Amphibians (FEIR Mitigation Measure 3.4-1b). If special-status amphibians are detected during the initial biological reconnaissance survey, or during the preconstruction survey, or are determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive amphibian habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable habitat for special-status amphibians is present within the proposed development area, a qualified biologist familiar with the life cycle of regionally occurring special-status amphibians shall conduct seasonally appropriate preconstruction surveys for the applicable amphibian life stages (i.e., eggs, larvae, adults) no more than forty-eight (48) hours prior to commencement of development within the proposed development area plus a four hundred (400) foot buffer area around the proposed development area.
55.4.12.1.10.3 Western Pond Turtle (FEIR Mitigation Measure 3.4-1c). If western pond turtle is detected during the initial biological reconnaissance survey, or during the preconstruction survey, or is determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive western pond turtle habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.
biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.
55.4.12.1.10.4 Nesting Raptors (FEIR Mitigation Measure 3.4-1d). To avoid impacts to nesting raptors, tree removal activities shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with CDFW, that there is no active nest present in the tree. Prior to ground-disturbing activities between February 1st and August 31st, a qualified biologist shall conduct preconstruction surveys for nesting raptors and shall identify active nests within five hundred (500) feet of the proposed development area. Surveys shall be conducted between February 1st and August 31st. To avoid impacts to nesting raptors, appropriate no-disturbance buffers around active nests shall be established, in consultation with CDFW, that will protect sensitive nesting raptor habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Buffer areas shall be delineated with construction fencing, and no activity shall occur within the buffer areas until a qualified biologist has determined, in consultation with CDFW, that the young have fledged, the nest is no longer active, or reducing the buffer would not likely result in nest abandonment. Monitoring of the nest by a qualified biologist during and after construction activities shall be required if the activity has the potential to adversely
affect the nest. In no case shall nests or nest trees of bald eagles or golden eagles be removed (both active and nonactive eagle nests shall be protected).
55.4.12.1.10.5 Northern Spotted Owl (FEIR Mitigation Measure 3.4-1e). If the biological reconnaissance survey determines that suitable habitat for northern spotted owl (NSO) is present within or adjacent to the area of proposed development, or if the project site is within 1.3 miles (average species home range) of a known occurrence of NSO, as determined by a qualified biologist, the following measures shall be implemented to avoid disturbance to sensitive NSO habitat areas. Prior to removal of any trees or prior to grounddisturbing activities adjacent to or within suitable NSO nesting, roosting, or foraging habitat (e.g., forest clearings), a qualified biologist familiar with the life history of NSO shall conduct preconstruction surveys for nests within a 1.3-mile buffer around the site according to agency-approved protocols. Surveys shall be conducted between March 1st and August 31st, with three (3) complete surveys spaced at least seven (7) days apart to be completed by June 30th and a total of six (6) complete surveys over the course of two (2) years completed to determine presence or absence of NSO. If NSO(s) is determined to be present within 1.3 miles of the site, - proposed cultivation activities shall not be permitted. See also Section 313 55.4.12.6 (Performance Standard for Noise).
55.4.12.1.10.6 Special-Status Nesting Birds (FEIR Mitigation Measure 3.4-1f). To minimize the potential for disturbance to bank swallow, little willow flycatcher, tricolored blackbird, western snowy plover, western yellow-billed cuckoo, and other special-status nesting bird habitat areas, vegetation removal shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with USFWS and/or CDFW, that there is no active nest present in the area. Preconstruction surveys shall occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.
l occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.
55.4.12.1.10.7 Marbled Murrelet (FEIR Mitigation Measure 3.4-1g). If the biological reconnaissance survey determines that suitable habitat for marbled murrelet is present within or adjacent to the area of proposed new development, preconstruction surveys for marbled murrelet shall be conducted by a qualified biologist familiar with the life history of the marbled murrelet. Preconstruction surveys shall be conducted for nests within a one-quarter (0.25) mile buffer area around the project site according to agency-approved protocols. Surveys shall be conducted between April 15th and August 5th. If marbled murrelet is determined to be present, a onequarter (0.25) mile no-disturbance buffer area shall be established around the sensitive habitat area until the end of the marbled murrelet breeding season (until August 6th). No equipment or activities shall occur within the no-disturbance buffer. See also Section - 313 55.4.12.6 (Performance Standard for Noise).
55.4.12.1.10.8 American Badger (FEIR Mitigation Measure 3.4-1i). If the biological reconnaissance survey determines that suitable habitat for American badger is present within or adjacent to the area of proposed new development, then no more than thirty (30) days prior to commencement of construction a qualified biologist shall conduct preconstruction surveys of suitable badger burrow/den habitat areas to identify the presence of any badger burrows/dens. If occupied burrows/dens are found, sensitive badger habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.
ted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.
55.4.12.1.10.9 Fisher and Humboldt Marten (FEIR Mitigation Measures 3.4-1j and 3.4-6b). If the biological reconnaissance survey determines that suitable habitat for fisher and/or Humboldt marten is present within or adjacent to the area of proposed development, then prior to commencement of construction and during the denning season of March 1st to July 31st a qualified biologist shall conduct preconstruction surveys of all suitable habitats to identify potential dens as well as any sightings of individual fishers or martens. If there are individual sightings or if potential dens are found, sensitive fisher and/or marten habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with USFWS and CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with USFWS and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.
S and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.
55.4.12.1.10.10 Special-Status Bats (FEIR Mitigation Measure 3.4-1k). If the biological reconnaissance survey determines that suitable hibernation and/or maternal roosting habitat for special-status bat species is present within or adjacent to the area of proposed new development, then prior to commencement of construction and during the appropriate roosting season(s) a qualified biologist shall conduct preconstruction surveys of all suitable roosting habitat areas. If occupied bat roosts are found, sensitive bat roosting areas shall be protected from significant disruption of habitat values consistent with local coastal land use plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until roosting activities are complete, as determined by a qualified biologist in consultation with CDFW. For pallid bats and Townsend’s big-eared bats, the minimum size of the no-disturbance buffer area shall be four hundred (400) feet, and mitigation shall be required for impacts to nonoccupied roosting habitat of these bat species. A mitigation plan for any permitted disturbance to nonoccupied pallid and/or Townsend’s big-eared bat roosting habitat shall be developed in consultation with CDFW and shall be required to be implemented as a condition of permit approval.
55.4.12.1.10.11 Special-Status Voles (FEIR Mitigation Measure 3.4-1l). If the biological reconnaissance survey determines that suitable nesting habitat for Sonoma tree vole and/or white-footed vole is present within or adjacent to the area of proposed development, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.
elopment, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.
55.4.12.1.10.12 Special-Status Plants (FEIR Mitigation Measure 3.4-3a). During the blooming period(s) for the special-status plant species with the potential to occur in areas of proposed cannabis activities, as determined during the biological reconnaissance survey, a qualified botanist shall conduct protocol-level surveys for special-status plants and shall include survey results as part of the permit application. If special-status plants are found, sensitive plant habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
55.4.12.1.10.13 Sensitive Natural Communities (FEIR Mitigation Measure 3.4-4). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact sensitive natural communities, including, but not limited to, riparian areas; old-growth forests; oak woodlands; fish-bearing streams; coastal wetlands; northern foredune grasslands; and coastal terrace prairie. If sensitive natural communities are present, the sensitive areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
55.4.12.1.10.14 Coastal Waters and Wetlands (FEIR mitigation measure 3.4-5). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact coastal wetlands, streams, rivers, creeks, or natural drainage courses. If sensitive wetlands, waters, or drainage courses are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
s are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
During provisional permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required to evaluate conformity with local coastal program policies and standards in consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to relocate to outside of the northern spotted owl activity area.
55.4.12.1.11 Performance Standard for Hazardous Material Site Assessments and Contingency Plans (FEIR Mitigation Measures 3.7-2a and 3.7-2b). Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I Environmental Site Assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
l risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
55.4.12.1.11.1Where (a) contamination at the project site has been verified, or (b) new ground disturbance is proposed on a property previously developed with an industrial or heavy commercial use, a hazardous materials contingency plan shall be submitted for County review and approval during permit review, in consultation with Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control, as applicable. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance. The plan shall describe the necessary actions that would be taken if evidence of contaminated soil or groundwater is encountered during construction. The contingency plan shall identify conditions that could indicate potential hazardous materials contamination, including soil discoloration, petroleum or chemical odors, and presence of USTs or buried building material. The plan shall include the provision that if, at any time during constructing the project, evidence of soil and/or groundwater contamination with hazardous material is encountered, construction shall immediately cease and the County shall be contacted per Section 31355.4.12.1.11.3.
55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.
55.4.12.1.11.3If at any time during construction evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
55.4.12.1.12 Performance Standard for Stormwater Management (FEIR Mitigation Measure 3.8-4). Projects shall include a plan detailing stormwater management for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain or improve preproject drainage conditions, and in particular that there will be no net increase in the volume of stormwater runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.
55.4.12.1.13 Performance Standard for Management of Waste and Hazardous Materials (FEIR Mitigation Measure 3.13-1a).
55.4.12.1.13.1All projects shall include a materials management plan (MMP) for proper disposal of project-related waste at legally authorized disposal sites. Examples include solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.). The MMP shall include a detailed description of activities and processes occurring on site and the type and quantity of items produced. The MMP shall be submitted to the County Division of Environmental Health (DEH) and public agencies or private enterprises accepting waste materials. Commercial cannabis permits shall not be granted without approval of the MMP relevant agencies.
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a hazardous materials management plan (HMMP) which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.
ciated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.
55.4.12.1.14 Performance Standard for Protection of Historical Resources (FEIR Mitigation Measure 3.5-1). Projects proposing the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s Professional Qualification Standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.
55.4.12.1.15 Performance Standard for Inadvertent Discovery of Archaeological and Paleontological Resources (FEIR Mitigation Measures 3.5-2 and 3.6-5).
55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate Tribal Historic Preservation Officer(s), are to be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.
55.4.12.2 Additional Miscellaneous Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
General Standards Applicable to All Commercial Cannabis Activities
55.4.12.2.1All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).
55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies; provided, that all water quality protection requirements of the local coastal area plan are met.
55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.
Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.
55.4.12.2.4All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.
Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.
55.4.12.2.5Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as: “a sudden, unexpected occurrence demanding immediate action.”
55.4.12.2.6Provide and maintain an approved means of sewage disposal that meets the required standards of the County Division of Environmental Health and/or the Regional Water Quality Control Board, as applicable.
55.4.12.2.7All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday. (FEIR mitigation measure 3.10-1)
55.4.12.3(Reserved for Future Use)
55.4.12.4 Performance Standard for Light Pollution Control. ¶
55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded (e.g., with tarps) so that no light escapes between sunset and sunrise.
55.4.12.4.2Any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.
55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 313-55.4.5.3.
55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:
55.4.12.5.1Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2On-site renewable energy system with up to twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed by the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
55.4.12.6 Performance Standard for Noise at Cultivation Sites (FEIR Mitigation Measure 3.4-1h). Noise from cultivation and related activities shall not result in an increase of more than three (3) decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three (3) or more property lines when all cannabis related activities are not in operation. Project-generated sound must not exceed ambient nesting conditions by twenty (20) to twenty-five (25) decibels. Project-generated sound, when added to existing ambient conditions, must not exceed ninety (90) decibels.
55.4.12.6.1Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at
a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result. Marbled murrelet and northern spotted owl are most active during dawn and dusk. Within approximately two (2) hours of sunrise and sunset, ambient sound levels are lower than during the middle of the day (by approximately five (5) to ten (10) decibels). This will be accounted for when determining impacts of project-generated sound.
55.4.12.6.2The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.2.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.2.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.2.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.2.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.
55.4.12.7 Performance Standards for Cannabis Irrigation. In addition to the requirements of Section 313-55.4.6.3.2 that irrigation shall exclusively utilize stored water from nondiversionary sources, or water from a public or private water supplier (if adequate capacity exists for irrigation use, as determined by the public or private water supplier), all cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
Documentation of Current and Projected Water Use
55.4.12.7.1All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff. At a minimum, the following items shall be included:
55.4.12.7.1.1Information identifying the cultivation season(s).
55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.
55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, if applicable, showing volume in gallons.
55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.
Metering and Recordkeeping
55.4.12.7.2A metering device shall be installed and maintained on all locations of water withdrawal (including wells). The meter shall be located at or near the point of withdrawal.
55.4.12.7.3A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.4Operators shall maintain a weekly record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.
55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:
Existing Ponds and Reservoirs
55.4.12.8.1To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.
55.4.12.8.2Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from or outlets to a nearby stream or wetland.
55.4.12.8.3Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.4All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions
for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting timeframes.
Bladders and Above-Ground Pools, and Similar Vessels
55.4.12.8.5Use of bladders, above-ground pools, and similar vessels is prohibited. Where a provisional cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.
Tanks Located in Designated Flood Zones
- 55.4.12.8.6Tanks shall be sited consistent with the setbacks requirements of Section 313 55.4.5.1.3 at least one (1) foot above the base flood elevation or wet flood proofed and anchored.
55.4.12.9 Performance Standard for Wells on Small Parcels (FEIR Mitigation Measure 3.8-3). Cultivation site(s) located on lot sizes of forty (40) acres or smaller, where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. A coastal development permit shall be required for new test wells. These tests shall be conducted by a qualified professional and preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring. As part of the annual inspection process, cultivation operators shall provide the County with groundwater monitoring data for on-site well facilities that documents well production and changes in groundwater levels during each month of the year. Should this monitoring data identify potential drawdown impacts to adjacent well(s) and indicate a connection to operation of the on-site wells, the cultivation operators, in conjunction with the County, shall develop adaptive management measures to allow for recovery of groundwater levels. Adaptive management measures may include forbearance, water conservation measures, reductions in on-site cannabis cultivation, alteration of the groundwater pumping schedule, or other measures determined appropriate. Adaptive management measures that involve development shall require CDP authorization. Adaptive management measures shall remain in place until groundwater levels have recovered to preproject conditions based on annual monitoring data provided to the County as part of subsequent annual inspections. In addition, as required by Section 31355.4.6.4.4.1.9, proposed new agricultural wells shall observe all prescribed setbacks and limitations pertaining to the use of land adjacent to ESHA, including, but not limited to, wetlands and streams.
55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.
55.4.12.11 Existing Site Reconfiguration. ¶
55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration can be permitted consistent with the certified local coastal land use plan of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.
55.4.12.11.2A biological resource protection plan must also be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within the environmentally sensitive habitat area.
55.4.12.11.3Preexisting cultivation areas to be relocated must be restored to predisturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.
55.4.12.11.5All relocated road segments must be fully decommissioned and restored to predisturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.6All remediation activities shall be performed in accordance with the remediation performance standard (Section 31355.4.12.13).
55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.
55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.
55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.
55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).
See also the performance standards of Section 313-55.4.12.1.11, which also apply to some industrial and commercial properties.
55.4.12.13 Performance Standard for Remediation Activities. In addition to the requirements of Section 313-55.4.6.6, all remediation activities shall restore the site to predevelopment conditions to the maximum extent feasible. A mitigation and monitoring plan shall be submitted subject to review and approval of the Hearing Officer. The plan shall address prevention of damage to soil, plant and animal life, and surface and subsurface water supplies, and shall include standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations. Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1Public visitation may be permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts when meeting the requirements of this section.
55.4.12.14.2Public visitation may be permitted with a special permit and coastal development permit at sites located within those zones listed under Section 313-55.4.6.1.1 (AE and RA) when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 313-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.
55.4.12.14.3Visitation by the general public may include tours and tour groups, cannabis bed and breakfasts, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a coastal development permit and conditional use permit pursuant to Section 313-62.1.
55.4.12.14.4The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.4.1Sites located in those zones specified in Section 313-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. and 6:00 p.m.
55.4.12.14.4.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.4.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).
55.4.12.14.4.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.4.5 Road System and Driveways. ¶
55.4.12.14.4.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.12.14.4.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.4.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.
55.4.12.14.4.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.
55.4.12.14.4.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.4.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
55.4.12.14.4.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.4.6 Parking.
55.4.12.14.4.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.4.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.
55.4.12.15 Performance Standards for Tour Operators and Tour Sites. Tour Operators ¶
Tour operators shall comply with all of the following measures:
55.4.12.15.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.
55.4.12.15.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.
55.4.12.15.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
Tour Site Eligibility Criteria
Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.5The site(s) conform with the public accommodation performance standard.
55.4.12.15.6Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Plant Species Control (FEIR Mitigation Measure 3.4-3b). It is the responsibility of a certificate or permit holder to work to eradicate invasive plant species classified as invasive by the California Invasive Plant Council. As part of any application, the existence of invasive species on the project parcel shall be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. All required permits for invasive species removal shall be obtained prior to invasive species removal activities. Vegetation spoils shall be properly disposed of at a legally authorized landfill site to avoid further spread of invasive species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required as part of the annual permit renewal for commercial cannabis activities if invasive species remain or are found to have returned. Heavy equipment and other machinery used for commercial cannabis activities shall be inspected for the presence of invasive species prior to on-site use and shall be cleaned prior to entering the site to reduce the risk of introducing invasive plant species to the site.
55.4.12.17 Performance Standard for Visual Resources Protection. All development associated with a commercial cannabis operation shall comply with all applicable policies of the local coastal area plan for the protection of public visual resources. In addition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.
ddition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.
55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:
55.4.13.1Cultivation area of three thousand (3,000) square feet or less.
55.4.13.2
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic ce
Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
rtification standards or the substantial equivalent.
55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 313-43.2, “Right to Farm Ordinance,” said statement shall include information describing the possibility of commercial cultivation of cannabis.
55.5 INDUSTRIAL HEMP LAND USE REGULATIONS ¶
55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the coastal area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.
55.5.2 Applicability and Interpretation.
55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.
55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and, to this end, the provisions or application of this section are severable.
55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis. State Food and Agricultural Code Sections 81000 through 81015 require registered industrial hemp sites be a minimum one-tenth (0.1) acre for entities other than seed breeders or established agricultural research institutions.
55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions,” as defined in State Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2468, Section 1, 12/13/2011; Ord. 2634, § 2, 7/23/2019; Ord. 2638, §§ 2, 3, 2/4/2020; Ord. 2639, § 2, 2/4/2020; Ord. 2666, § 2, 2/9/2021; Ord. 2733, § 8, 3/5/2024)
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55.1 INDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE ¶
55.1.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.1 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Indoor Cultivation.”
55.1.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Indoor Cultivation (“this Code”) is to regulate the cultivation of cannabis for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany cannabis cultivation.
Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.
55.1.3 Applicability and Interpretation. ¶
55.1.3.1The indoor cultivation and processing of cannabis for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.
55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws.
55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.
55.1.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.1.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code. Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable State and County laws.
55.1.7 Definitions. ¶
Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Detached Accessory Building – Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Indoor Cultivation of Cannabis for Personal Use: cultivation and processing of cannabis for personal use indoors in a residence or detached accessory structure. The cultivation area may not exceed fifty (50) square feet or ten (10) feet in height. No more than six (6) cannabis plants may be cultivated for personal use in any residence or detached accessory structure at any time. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
55.1.8 Indoor Cultivation for Personal Use. The County shall not interfere with indoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Cultivation of cannabis for personal use in a residence shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Cannabis cultivation in detached accessory buildings shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.3A total of fifty (50) square feet of indoor cannabis cultivation for personal use, which does not exceed six (6) plants or ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than six (6) plants, fifty (50) square feet or more than ten (10) feet in height of cannabis cultivation area per residence on the parcel, regardless of the number of persons residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The cannabis cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, and secured against unauthorized entry; and
55.1.8.5Grow lights for cannabis cultivation for personal use in a residence or a detached accessory building shall not exceed one thousand two hundred (1,200) watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of cannabis in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the indoor cultivation of cannabis for personal use is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor cannabis cultivation or processing in a residence or a detached accessory building is prohibited; and
55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of cannabis in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
55.1.8.9On parcels that contain more than one (1) residence, no odor of cannabis shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one (1) residence, no odor of cannabis shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the cannabis cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of cannabis from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and
55.1.8.10From a public right-of-way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor cannabis at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Cannabis cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a cottage industry or a home occupation, and are not eligible for an address of convenience; and
55.1.8.12No sale, trading, or dispensing of cannabis is allowed on a parcel where indoor cultivation of cannabis for personal use occurs; and
55.1.8.13No person may cultivate cannabis for his or her personal use in more than one (1) residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where cannabis is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for cannabis cultivation; and
55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor cultivation of cannabis for personal use; and
55.1.8.16The indoor cultivation of cannabis for personal use shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
55.1.8.17Indoor cultivation of cannabis for personal use must comply with all applicable State and County laws, including fire and building codes.
55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.
55.1.8.19Outdoor cultivation, as described in Section 313-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein.
55.2 OUTDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE ¶
55.2.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.2 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Outdoor Cultivation.”
55.2.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Outdoor Cultivation (“this Code”) is to establish reasonable regulations governing the outdoor cultivation of cannabis for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor cannabis cultivation.
Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.
55.2.3 Applicability and Interpretation. ¶
55.2.3.1The outdoor cultivation and processing of cannabis for personal use within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.
55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt, any outdoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws. If outdoor cultivation of cannabis for personal use involves development as defined under Section 30106 of the Coastal Act, pursuant to Section 312-3.1.4 a coastal development permit must be secured, unless the development is exempted or excluded under the California Public Resources Code (Section 30000, and following) or the California Code of Regulations.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.
55.2.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Acre: means forty-three thousand five hundred sixty (43,560) square feet. See also the definition of “Lot Size” found under Section 313-147.
Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Canopy: means the area, in square feet, of vegetative growth, of a cannabis plant including starts.
Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Outdoor Cultivation of Cannabis for Personal Use: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more cannabis plants, or any part thereof, in any outdoor location. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.
Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this section.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, Section 1238, to receive school buses, as defined in California Vehicle Code Section 233, or school pupil activity buses, as defined in Vehicle Code Section 546.
Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.
55.2.7 Outdoor Cultivation for Personal Use. The County shall not interfere with outdoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, all outdoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:
55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 313-147.
55.2.7.2Cultivation of cannabis outdoors for personal use is allowed as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:
55.2.7.2.1On parcels one (1) acre or smaller in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of the cannabis cultivated outdoors does not exceed one hundred (100) square feet in size, and no part of the cultivation area occurs within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of cannabis cultivated outdoors does not exceed two hundred (200) square feet in size, no part of the cultivation area occurs within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
55.2.7.2.3No outdoor cultivation for personal use may occur within six hundred (600) feet of any school, school bus stop, public park, place of religious worship, or traditional Native American cultural site, so long as these uses existed prior to the outdoor cultivation of cannabis in compliance with this Code; and
55.2.7.2.4Indoor cannabis cultivation for personal use may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5No person may cultivate cannabis for his or her personal use in more than one (1) residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and
55.2.7.2.6Cultivation within a greenhouse or “hoophouse” for personal use shall be deemed outdoor cultivation subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks; and
55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor cultivation of cannabis for personal use; and
55.2.7.2.8The outdoor cultivation of cannabis shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of cannabis pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a lake and streambed alteration agreement is necessary. If such an agreement is required, the water use must comply with all of its terms.
55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of cannabis for personal use may only be done by a person who occupies a permitted residence located on the same property that is host to the cultivation activities. If the person cultivating cannabis outdoors for personal use is not the owner of the property, they must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent, specifically approving the outdoor cultivation on the property.
55.2.8 Enforcement. ¶
55.2.8.1Any violation of this section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law. Development that exceeds the minimum necessary to abate the public nuisance requires a Coastal Development Permit.
55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship:
55.2.9.1 Low Odor Strains. To alleviate the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.
55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.
55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.
55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near cannabis or the area where cannabis is being cultivated. Grow, process, and store cannabis in as “organic” and safe a fashion as possible to reduce potential adverse effects during use.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices – Northern California Farmer’s Guide.
55.3 MEDICAL CANNABIS DISPENSARIES ¶
55.3.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.3 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the Cannabis Land Use Code for Medical Dispensaries. This section applies to all cannabis dispensaries, as defined in this Code, that are located in the Coastal Zone.
55.3.2 Purpose and Intent. The purpose of this section is to minimize the negative land use impacts that can be associated with the dispensing of cannabis by a dispensary, as defined herein.
55.3.3 Applicability and Interpretation. ¶
55.3.3.1These regulations shall apply to the locating and permitting of cannabis dispensaries in zoning districts which authorize this use, as specified under Section 313-55.3.8.2.
55.3.3.2The distribution of cannabis by cannabis dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.
55.3.3.3Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, and any applicable State laws.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt cannabis dispensaries, as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis dispensaries.
55.3.3.6The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Section 313-135 et seq. and Section 111-1 et seq. may also apply to this Code.
55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for cannabis dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of cannabis dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of cannabis.
55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws.
55.3.7 Definitions. Except as otherwise provided, when used in this Code, the following terms shall have the following meanings:
Cannabis: means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Cannabis Delivery Service: a cannabis dispensary, as defined herein, that delivers cannabis to persons from a “store-front” base of operations located in a commercial or industrial zone within the unincorporated area of Humboldt County. A cannabis delivery service shall not be operated from a residential-zoned parcel and is not eligible for an address of convenience.
Cannabis Dispensary: a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of retail sale. This does not include Cannabis Research Laboratories and Testing Facilities, and Cannabis Business Offices, as described under Sections 313-55.3.13 and 313-55.4.
Church: a nonprofit organization that operates exclusively for religious purposes and is an organization as described in Section 501(c) (3) of the Internal Revenue Tax Code, as amended. For purposes of this Code, “church” includes a church, synagogue, temple, mosque, or other place of worship and related church property, such as a school or a youth camp.
Dispensing: any activity involving the retail sale of cannabis or cannabis products from a dispensary.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Place Where Children Congregate: may include, but is not limited to, a school bus stop, park, playground, a school as defined herein, tutoring facility, or any establishment that either advertises in a manner that identifies it as providing services primarily intended for minors or the individuals who regularly patronize, congregate, or assemble at the establishment are primarily minors.
Residential Treatment Facility: a facility, whether residential or nonresidential, providing treatment for drug or alcohol dependency.
School: public or private institution of learning for minors offering a regular course of instruction as required by the California Education Code, or any child or day care facility licensed by the State of California. This includes a nursery school, kindergarten, Head Start program, elementary school, middle school, high school, continuation or vocational school for minors, or any special institute of education, but it does not include a vocational or professional institution of higher education primarily intended for students over eighteen (18), such as a community or junior college, college, or university.
55.3.8 General Provisions. This section applies to all cannabis dispensaries, as defined in this Code.
55.3.8.1All cannabis dispensaries shall operate in compliance with this Code, and all other applicable State and local laws.
55.3.8.2Cannabis dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit and coastal development permit, issued pursuant to Section 312-3.1. Zoning districts where a dispensary may be located are CN, CG, MB, and ML. Dispensaries may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.
55.3.8.3The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a coastal development permit and a conditional use permit from the County of Humboldt to operate a dispensary within the jurisdiction of the County.
55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure public safety and to ensure the security of the cannabis.
55.3.9 Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, and in addition to the requirements applicable to adult use retail sales of cannabis in Section 313-55.4, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a cannabis dispensary:
55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
55.3.9.2The Planning Commission shall specifically regulate the location of cannabis dispensaries by considering the potential impacts and cumulative impacts of proposed cannabis dispensaries to the community area as a whole and specifically on the following existing uses located within a six hundred (600) foot radius of a proposed dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit or a coastal development permit for any proposed cannabis dispensary within six hundred (600) feet of the following uses if the Commission determines that the impacts of a proposed dispensary have the potential to be significant on the following uses:
55.3.9.2.1Residential neighborhoods and their inhabitants;
55.3.9.2.2Church, as defined herein;
55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
55.3.9.2.4Residential treatment facilities, as defined herein; and
55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a six hundred (600) foot radius of the proposed new facility.
55.3.9.3No cannabis dispensaries, operators, establishments, or providers who possess, cultivate, or distribute cannabis shall be located within a six hundred (600) foot radius of a school. This distance shall be measured in a straight line from the property line of the school to the property line of the cannabis dispensing facility, operator, establishment, or provider.
55.3.9.4Submission of an operations manual and compliance with the operating standards, pursuant to Sections 55.3.10 and 55.3.11.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit or a coastal development permit, cannabis dispensaries shall submit to the Planning Commission an operations manual which provides for the following:
55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit and coastal development permit applications, the operations manual, and the operating standards at any time before or after the conditional use permit and coastal development permit are issued; and
55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and
55.3.10.3The hours and days of the week when the dispensary will be open; and
55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a six hundred (600) foot radius; and
55.3.10.5A description of the security measures located on the premises, including but not limited to lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients; and
55.3.10.6A description of the screening process and procedures for clients; and
55.3.10.7A description of client records acquisition and retention procedures and policies; and
55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of cannabis that come in and go out of the dispensary; and
55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and
55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and
55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all cannabis distributed; and
55.3.10.12The procedure and documentation process for determining dosage, including any testing for the major active agents in cannabis offered to clients, such as cannabinoids tetrahydrocannabinol (THC), cannabidiol (CBD), and cannabinol (CBN); and
55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and
55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their operations manual as approved by the Planning Commission. Any deviations from or changes in the operations manual must be submitted to the Planning and Building Department for review for conformance with the approved permit. No changes in the operations manual are allowed unless authorized in writing by the Planning and Building Department.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, cannabis dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Cannabis delivery services shall only operate from a “store-front” dispensary in a commercial or industrial zone with an approved conditional use permit and coastal development permit; and
55.3.11.2Cannabis dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and
55.3.11.3No dispensing of cannabis to an individual shall be permitted more than twice a day; and
55.3.11.4The hours of operation of cannabis dispensaries shall be no earlier than 10:00 a.m. and no later than 7:00 p.m.; and
55.3.11.5Cannabis Dispensaries shall only provide cannabis to an individual over the age of twenty-one (21) or qualified patients or caregivers as defined in Health and Safety Code Section 11357 et seq.; and
55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the dispensary. A copy of the client rules and/or regulations shall be provided to clients by a cannabis delivery service; and
55.3.11.7Each building entrance to a cannabis dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
55.3.11.8No cannabis dispensary or delivery service shall provide cannabis to any qualified patient who is under eighteen (18) unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of cannabis; and
55.3.11.9All cannabis dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
55.3.11.10All cannabis dispensed by dispensaries must be obtained in accordance with applicable State and local laws; and
55.3.11.11All signs for cannabis dispensaries must comply with Sections 313-87.3 and 314-87.2; and
55.3.11.12An up-to-date inventory of all hazardous materials stored and used on site shall be maintained on the premises of the cannabis dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.13Cannabis dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
55.3.11.14Cannabis dispensaries shall comply with any and all conditions of their conditional use permit and coastal development permit.
55.3.12 Permit Revocation and Transfer. ¶
55.3.12.1A conditional use permit and coastal development permit shall be revoked or modified according to Section 312-14 (Revocation Procedures). Permit revocation or modification shall be sought for noncompliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.
55.3.12.2Conditional use permits and coastal development permits to operate a cannabis dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.13 Cannabis Business Offices. Business offices for cannabis dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code.
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE… ¶
55.4.1 Authority and Title. This section (hereafter all references to “this section” means Section 313-55.4 et seq. of the Humboldt County certified coastal zoning regulations) shall be known as the Coastal Commercial Cannabis Land Use Ordinance (“CCCLUO”), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Coastal Zone Area of the County of Humboldt.
55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment and increases public awareness and community health and safety, while creating a clear and attainable path for operators to follow and authorities to enforce, and while protecting coastal resources consistent with the California Coastal Act, Public Resources Code Section 30000 et seq., as part of the County of Humboldt’s Local Coastal Program.
These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twentyone (21) years of age or older.
55.4.3 Applicability and Interpretation. ¶
55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. This section is not intended to supersede the provisions of Section 313-55.1 or 313-55.2, excepting Sections 313-55.4.3.6, 313-55.4.3.7, and 313-55.4.10.1.
55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area coastal development permit regulations as well as other applicable provisions of the County Code.
55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.
55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 313-135 et seq. may also apply to this section.
55.4.3.5A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCCLUO for any commercial cannabis activity regulated by this section, or Section 313-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.
55.4.3.6Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”
55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.
55.4.3.8The commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the General Agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, coastal development permit or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.9Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any other zoning district other than those zoning districts where it is expressly permitted.
55.4.3.10The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, coastal development permit or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.11No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, coastal development permit or use permit required under this section.
55.4.3.12 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.4.4 Definitions. ¶
“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.
“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.
“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.
“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
“Captured rainfall” means rainwater catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.
“Category 4 Roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Appendix to Title III, Division 2.
“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.
“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.
“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.
“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”
“Cultivation site” means the location or a facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
“Dispensary” is a facility where commercial cannabis, commercial cannabis products, or devices for the use of commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers commercial cannabis and commercial cannabis products as part of retail sale.
“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.
“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from above ground irrigation.
“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light or indoor.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.
“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.
“FEIR” means the Final Environmental Impact Report for the CCCLUO certified by the County on May 8, 2018, under Resolution No. 18-40 for the amendments to the zoning regulations, known as the CCCLUO, prepared in compliance with the California Environmental Quality Act (CEQA), which includes mitigation and implementation measures and a Mitigation Monitoring and Reporting Plan to mitigate or avoid significant effects on the environment.
“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.
“Forbearance period” means the calendar days during which water may not be diverted from a waterbody or extracted from a well. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.
“Greenhouse” means an agricultural accessory structure typically constructed with transparent or translucent panels used for indoor, outdoor, or mixed-light commercial cannabis cultivation.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.
“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.
“Irrigation” means use of water by any commercial cannabis cultivation activity.
“Licensee” means a person issued a State license to engage in commercial cannabis activity.
“Local water source” means water withdrawal from a waterbody occurring on the same parcel(s) or premises, or in their vicinity.
“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.
“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than ten thousand (10,000) square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.
“Nondiversionary water source” means not involving the withdrawal of water from a waterbody.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a lawfully permitted conversion of timberland, conducted prior to January 1, 2016. For purposes of this section, nonforested areas refer to those lands with a land use designation other than coastal commercial timberland (TC).
“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.
“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.
“Outdoor” means cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 313-147.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.
ration, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.
“Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or entity holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument, shall not be considered a “person” for purposes of this section.
“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, and which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence, as potentially eligible for provisional permitting pursuant to this section. The maximum cultivation area that may be recognized for the purpose of provisional permitting of an unauthorized preexisting cultivation site is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above up to the maximum allowed pursuant to this section, whichever is smaller.
“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.
“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.
“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.
“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”
“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community services districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic. “Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.
“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.
“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from a one hundred percent (100%) renewable source.
“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in
concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. “Retailer” shall include medical cannabis dispensaries, as defined in and regulated by Section 313-55.3.
“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.
“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.
“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.
“Slope” means natural grade as defined in Section 313-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to Business and Professions Code Section 26000 et seq.
“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.
“Timberland” means land which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.
“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the Tribal Council or equivalent body.
“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by non-tribal members.
“Waterbody” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Waterbody” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.
55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits.
55.4.5.1 Special Area Provisions. In addition to the permit application requirements of Section 313-55.4.11, permit applications for commercial cannabis activities shall demonstrate compliance with special area provisions of Sections 313-55.4.5.1.1 through 31355.4.5.1.3 and all applicable performance standards of Section 313-55.4.12 et seq.
55.4.5.1.1No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3Notwithstanding any other provision of the certified LCP, no commercial cannabis activity shall be permitted within one - hundred (100) feet, at a minimum, of environmentally sensitive habitat area (ESHA), as defined in Section 313 143 (“Habitat Areas, Environmentally Sensitive”), or wetland, as defined in Section 313-158. In some cases, local coastal land use plans may require setbacks from wetlands and riparian areas to be greater than one hundred (100) feet. In addition, the buffer requirements of the - biological resources protections performance standard (Section 313 55.4.12.1.10) shall apply to all commercial cannabis activity.
55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.
55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): McKinleyville, Shelter Cove, and Trinidad-Westhaven. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the identified community planning areas (CPAs). For purposes of determining the Trinidad Planning Area, the Trinidad General Plan shall be utilized.
55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 313-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.
The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.
55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their Tribal Historic Preservation Officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).
55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, coastal development permit or use permit for commercial cannabis activity, as defined herein, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.
55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.
Any violation of this section, including but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of Title III. Development that exceeds the minimum necessary to abate the public nuisance requires a coastal development permit.
Whenever permit applicants seeking permits for commercial activities initiate operations ahead of permit issuance, or preexisting cultivation site operators seeking provisional permits expand cultivation operations ahead of permit issuance, the Director shall have discretion to:
55.4.5.3.1Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;
55.4.5.3.2Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings;
55.4.5.3.3Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person within the County of Humboldt. For purposes of this limitation, any natural person who owns or controls any interest, directly or indirectly, in a firm, partnership, joint venture, association, cooperative, collective, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit shall be collectively considered a single person with those entities. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 313-55.4.6.1.2.1.
55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to ten thousand (10,000) square feet may be permitted on a parcel).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Authorization for any commercial cannabis activity zoning clearance certificate, special permit, coastal development permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
evelopment permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
55.4.5.7 Annual Inspections. Annual compliance inspections are required, pursuant to Section 313-55.4.5.6. If the inspector or other County official determines that the site does not comply with the conditions of approval, the inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed.
Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed timeframes, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, coastal development permit or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.
55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.
55.4.5.8.2The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.
55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.
55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries may be permitted with a coastal development permit and special permit, use permit, or zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified; provided, that processing, drying, product grading, curing or trimming may only be conducted within lawfully constructed nonresidential structures that were in existence on January 1, 2016:
55.4.6.1 Eligibility Criteria – Agricultural and Rural Residential-Agricultural Areas.
55.4.6.1.1Zoning AE and RA.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area. The minimum parcel size for commercial outdoor and mixed-light cultivation of cannabis in the Coastal Zone in the AE and RA Zones is twenty (20) acres, except for the exceptions provided in Sections 313-55.4.6.1.2.2 and 313-55.4.6.1.2.3.
55.4.6.1.2.1 Allowed Cultivation Area in the AE and RA Zones, Except on Lands With an Agriculture Exclusive/Grazing Plan Designation.
55.4.6.1.2.1.1Up to ten thousand (10,000) square feet of cultivation area with a special permit and coastal development permit;
55.4.6.1.2.1.2Greater than ten thousand (10,000) square feet to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a use permit and coastal development permit on any parcel less than three hundred twenty (320) acres in size, including a combination of separately permitted activities including those permitted pursuant to Section 313-55.4.6.5.7.2.
Exception to the one (1) acre maximum: On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit and coastal development permit, up to a maximum of eight (8) acres. All cultivation area must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions to the road standard may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.
55.4.6.1.2.2 On Parcels With an Agricultural Exclusive/Grazing Plan Designation. No outdoor cultivation or greenhouses are allowed in the AE Zone on lands with an agricultural exclusive/grazing plan designation (AEG). Outdoor or mixed-light cultivation may only be permitted within lawfully constructed nonresidential structures existing prior to January 1, 2016, with a zoning clearance certificate and coastal development permit.
55.4.6.1.2.3 Maximum Greenhouse Coverage Allowed in the AE and RA Zones for Existing Greenhouses. With a zoning clearance certificate and coastal development permit, up to one (1) acre of cultivation area may be authorized within existing commercial greenhouse structures. Additionally, cultivation area in excess of one (1) acre may be authorized within existing commercial greenhouse structures with a use permit and coastal development permit. In no case shall the total cultivation area within existing commercial greenhouse structures in the AE Zone on lands with prime agricultural soils exceed twenty percent (20%) of the area of the parcel. The greenhouse(s) must have been lawfully constructed prior to January 1, 2016. RA zoned property must be twenty (20) acres or larger in size.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas. ¶
55.4.6.2.1 Zoning. CG, ML, MG, and MC as an interim use per Section 313-104.1. ¶
55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.
55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a special permit and coastal development permit in the ML, MG, and MC Zones. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit and coastal development permit.
55.4.6.2.2.3In the CG Zone, open-air cultivation only is allowed in conjunction with microbusiness activities pursuant to Section 31355.4.10.2.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse (Section 313-55.4.12.12).
55.4.6.3 Eligibility Criteria – All Areas. ¶
55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use (Section 313-55.4.12.5).
55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier, if adequate capacity exists for irrigation use, as determined by the public or private water supplier. Water from on-site greywater systems is also authorized for year-round use.
55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 313-55.4.12.1.8.
55.4.6.4 Siting Criteria – All Areas. ¶
55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less. (Exceptions to the slope criteria are described in Section 313-55.4.6.5.1 and 313-55.4.6.5.2.)
55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016, and which obtained all necessary permits for vegetation clearing as applicable.
55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel or legal lot. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited.
55.4.6.4.4 Setbacks.
- 55.4.6.4.4.1 Standard Setbacks. In addition to the special area provision setbacks of Section 313 55.4.5.1 related to schools, tribal lands, ESHA, and wetlands, cultivation site(s) must also observe all of the following setbacks:
55.4.6.4.4.1.1Property lines: thirty (30) feet from any property line.
55.4.6.4.4.1.2Residences and undeveloped parcels: three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.
55.4.6.4.4.1.3Sensitive receptors: six hundred (600) feet from a church or other place of religious worship, public park, coastal public - access, commercial recreational facility (as defined by Section 313 153), tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.
55.4.6.4.4.1.4Tribal ceremonial sites: one thousand (1,000) feet from all tribal ceremonial sites.
55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses and only if findings can be made that the setback reduction conforms with all applicable policies of the local coastal area plan and the access policies of the Coastal Act. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet, but at a minimum maintenance of a setback of at least one hundred (100) feet, may be allowed with a special permit; provided, that (a) advanced notice is given to the person or agency responsible for managing or supervising the management of those lands, and (b) the permitted setback of less than six hundred (600) feet will be sufficient to prevent impacts that would significantly degrade adjacent open space/habitat areas and will be compatible with the continuance of those open space/habitat areas. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.
55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.
55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.
55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including agricultural wells and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting environmentally sensitive habitat areas (ESHA) or wetlands, as defined under Coastal Act regulations in Humboldt County Code and local coastal area plans.
55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 313-55.4.5.1.5 are subject to the following enhanced setbacks, unless confined to enclosed structures:
55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area.
55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.
55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
t may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of Section 313-55.4.6.4.4.2 are not applicable to any commercial cannabis activities conducted on a parcel zoned MG or MC.
55.4.6.5 Provisional Permitting of Preexisting Cultivation Sites. As set forth in the following subsections, preexisting cultivation sites that meet all other eligibility and siting criteria and performance standards, including but not limited to those described in Section 313-55.4.6.1, may be permitted with a special permit and coastal development permit within AE and RA zoning districts, except on lands with an agricultural exclusive/grazing (AEG) land use designation; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met. Permitting of preexisting cultivation sites is prohibited where located within the TC or TPZ Zones.
Permit applications for preexisting cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.
Applications for preexisting cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of - the documented preexisting cultivation area (not to exceed the maximum allowed under Section 313 55.4.6.1.2), and applications for
preexisting cultivation sites submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area (not to exceed the maximum allowed under Section 313-55.4.6.1.2). No new applications for preexisting cultivation sites shall be accepted after December 31, 2019.
55.4.6.5.1 Provisional Permitting of Preexisting Small Cultivation Sites. On parcels twenty (20) acres or larger in size other than those with an agricultural exclusive/grazing plan designation, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a special permit and coastal development permit; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met, if applicable, subject to the following additional requirements and allowances:
55.4.6.5.1.1The operator’s principal residence is located on the same parcel and the residence was in existence on or before January 1, 2016.
55.4.6.5.1.2No more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.3The road systems performance standards in Section 313-55.4.12.1.8.1 shall not apply.
55.4.6.5.1.4The road systems performance standards in Sections 313-55.4.12.1.8.3 and 313-55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 313-55.4.12.1.8.4.1, and submit a report prepared pursuant Section 31355.4.12.1.8.3.2, unless one has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.4.2Permitted improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.
55.4.6.5.1.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.
55.4.6.5.2Provisional permitting of preexisting cultivation sites located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a use permit and coastal development permit.
55.4.6.5.3In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit and coastal development permit, subject to all applicable performance standards.
55.4.6.5.4 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation at Provisional Sites. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.
55.4.6.5.4.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.4.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:
55.4.6.5.4.2.1Keeping of ancillary mother plants off site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.
55.4.6.5.4.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.4.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.
55.4.6.5.5 Provisional Permitting. An application for provisional permitting of a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and Building Department within one (1) year of issuance of the provisional clearance or permit. All
violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event more than two (2) years of date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall act as Hearing Officer.
As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.
If a provisional permit application for a preexisting cultivation site is denied, the penalties and enforcement provisions of Section 31355.4.5.3 shall apply, and, if required, an application shall be submitted to remove preexisting commercial cannabis-related development and restore the site to preproject conditions in accordance with the performance standard for remediation activities (Section 313-55.4.12.13).
55.4.6.5.6(Section reserved for future use)
55.4.6.5.7 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:
55.4.6.5.7.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that are in the Coastal Zone and were in operation at any time between January 1, 2006, and January 1, 2016, and are located in AE, RA, TC and TPZ Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 31355.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.
55.4.6.5.7.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting (a) the eligibility criteria specified in Section 313-55.4.6.1 or 313-55.4.6.2, excluding sites with an agricultural exclusive/grazing plan designation and sites in the MC Zone, (b) the special area provision setbacks of Section 313-55.4.5.1, (c) all applicable siting criteria, and (d) all applicable performance standards specified in Section 313-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 313-55.4.5.1.4. No new applications for RRR sites shall be accepted after December 31, 2019.
55.4.6.5.7.3Operators of RRR sites shall be eligible to receive a special permit and coastal development permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than twenty thousand (20,000) square feet. Operators of RRR sites with a cultivation area exceeding twenty thousand (20,000) square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a use permit and coastal development permit, but in no event larger than the cultivation area size limits specified in Sections 313-55.4.6.1 and 313-55.4.6.2.
55.4.6.5.7.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k).
More than one (1) RRR site may be permitted on relocation site parcels of twenty (20) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation permits issued for that parcel does not exceed one (1) acre. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel.
55.4.6.5.7.5In order to receive the benefits specified in Section 313-55.4.6.5.7.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard - for remediation activities (Section 313 55.4.12.13). The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so.
The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt shall, on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.
55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis cultivation, including but not limited to bags, pots, or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis, or cannabis waste products, imported soil or soil
amendments not incorporated into native soil, generators, pumps, or structures not adaptable to noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.
For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 313-55.4.5.3 and Chapter 1 of Division 5 of Title III.
55.4.6.7(Section reserved for future use)
55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) in each of the six (6) local coastal plan areas shall be as follows:
| Coastal Planning Area | Permits | Acres |
|---|---|---|
| North Coast Area Plan | 4 | 2 |
| Trinidad Area Plan | 0 | 0 |
| McKinleyville Area Plan | 4 | 2 |
| Humboldt BayArea Plan * |
38 | 13 |
| Eel River Area Plan | 112 | 39 |
| South Coast Area Plan | 13 | 5 |
| Total | 171 | 61 |
*Cannabis cultivation sites on properties zoned MG – industrial general or CG – commercial general with public water from the Humboldt Bay Municipal Water District may be exempt from the cap with a will-serve letter from the district providing public water service to the site.
Once the permit cap for a given local coastal plan has been reached, no additional permit applications for open air and indoor cultivation activities will be processed until the Planning Commission and Board of Supervisors consider a review of the limits and prescribed distribution of permitting and acreage allowances found in the above table and approve an increase in the cap by amendment of this section of the Humboldt County Code certified by the California Coastal Commission. Review shall occur at a noticed public hearing held during a meeting of the Board of Supervisors, during which the Board shall receive and consider a report providing an update on local permitting efforts. The report shall provide information detailing the number and status of all applications received, permits approved, compliance agreements that have been executed, and code enforcement actions undertaken by the Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.
Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.
55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. All cannabis support facilities must meet or exceed the setbacks from sensitive receptors and tribal ceremonial sites specified under Sections 313-55.4.6.4.4.1.3 and 313-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 313-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Section 313-55.4.6.2.1 (CG, ML, MG, and MC as an interim use) distribution, off-site processing, enclosed nurseries, community propagation centers within a lawfully constructed structure in existence prior to January 1, 2016, shall be principally permitted with a zoning clearance certificate and coastal development permit when meeting all applicable performance standards, as well as the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate and coastal development permit in CG, ML, MG, and MC as an interim use or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 and all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.7.3 Road Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.8 Indoor Cultivation and Manufacturing. ¶
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 313-55.4.6.1, 313-55.4.6.2, 313-55.4.6.3.1 and 313-55.4.6.3.2 and comply with the siting criteria specified in Sections 313-55.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4, and 313-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1Within those zones specified under Section 313-55.4.6.1.1 (AE and RA), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate and coastal development permit, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016.
- 55.4.8.1.2Within those zones specified under Section 313 55.4.6.2.1 (CG, ML, MG, and MC as an interim use):
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted (a) with a zoning clearance certificate within an existing lawfully constructed structure where the commercial activities do not meet the definition of development under the Coastal Act and (b) within a proposed structure subject to approval of a zoning clearance certificate and coastal development permit.
55.4.8.1.2.2Up to ten thousand (10,000) square feet of cultivation area may be permitted with a special permit and coastal development permit.
55.4.8.1.2.3A use permit and coastal development permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.1.3 Road Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.
de an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 31355.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4 and 313-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 313-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:
55.4.8.2.1 Flammable Extraction. ¶
55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit and coastal development permit in the MG Zone, as well as MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit and coastal development permit in the CG and ML Zones.
55.4.8.2.1.3All manufacturing activities involving flammable extraction must be conducted within a lawfully constructed commercial structure. Where located within those Zones specified under Section 313-55.4.8.2.1.2, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.3.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 313-55.4.5.1.
55.4.8.2.1.3.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.3.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.3.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and
location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.
55.4.8.2.2 Nonflammable Extraction. ¶
55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the MG Zone, or a conditional use permit and coastal development permit in the MC Zone as an interim use.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit and coastal development permit within CG and ML Zones.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit and coastal development permit within those zones specified under Section 313-55.4.6.1.1 (AE and RA) on parcels that meet the minimum parcel size requirements of Section 313-55.4.6.1.2, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016. In addition, cannabis manufacturing activities in the AE Zone shall be limited to the processing of the raw cannabis materials grown on site.
55.4.8.2.3 Infusion. ¶
55.4.8.2.3.1Manufacturing activities involving infusion may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the CG, ML, MG Zones, and the MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be permitted as a cottage industry in all zones which permit cottage industry activities, when in compliance with all performance standards.
55.4.8.2.3.3 Road Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.9(Reserved for future use)
55.4.10 Other Provisions. ¶
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use in the CG, CN, MB, and ML zoning districts, subject to approval of a use permit and coastal development permit. Adult use retail sales may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.10.2. All certified regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
55.4.10.2 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit and coastal development permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned RA or, AE). In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
Road Locational Criteria:
Adult use retail sales and microbusinesses with on-site customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard.
Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.
55.4.10.3 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a coastal development permit and use permit (in the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses) as required by Section 313-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and City of Ferndale. Any event must be managed to ensure that (a) all cannabis vendor participants are licensed; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.4 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit;
provided, that: (a) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.
55.4.10.5 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours (Sections 313-55.4.12.14 and 31355.4.12.15). In addition, businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate and coastal development permit, subject to meeting the following criteria:
55.4.10.5.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.5.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.
Tour businesses not meeting the above criteria may be permitted with a special permit and coastal development permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.
55.4.10.6 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties - in conformance with the public accommodation performance standards in Section 313 61.05 (“Short-Term Rentals”).
55.4.10.7 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities.
Transportation does not include warehousing or storage of cannabis.
55.4.10.8 Cannabis Research Gardens. Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
g requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
55.4.11 Application Requirements for Clearances or Permits. Applications shall be required to include any or all of the following information necessary to evaluate conformity of the proposed project with local coastal program policies and standards: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, and tribal cultural resources (if ground disturbance is proposed) and historical resources; assessments of project-related noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a provisional cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board. Applications shall also include an analysis of how the activity will conform to all applicable local coastal area plan policies and regulations including, but not limited to, those protecting ESHAs, wetlands, coastal public access, public visual resources, and visitorserving uses.
In addition to the application filing requirements that the County may require to determine project compliance with all applicable local coastal program policies and standards, the County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
ental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
55.4.12 Performance Standards. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards listed in Sections 313-55.4.12.1 through 313-55.4.12.17 and all other local coastal program policies and standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
55.4.12.1 Performance Standards for All Commercial Cannabis Activities.
55.4.12.1.1Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.
55.4.12.1.3Where subject to State licensure, participate in local and State programs for “track and trace” once available.
55.4.12.1.4Maintain a current, valid business license at all times.
55.4.12.1.5Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours’ prior notice, to be conducted by appropriate County officials during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7Comply with any special conditions applicable to the permit or premises which may be imposed.
55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable; provided, that road development or improvement to these standards conforms to all applicable local coastal area plan policies and regulations:
55.4.12.1.8.1 Standard 1 – Dead End Road Length. Project is not located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or has secondary access for emergency vehicles and personnel, including wildland fire equipment.
Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
multaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:
55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a centerline stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or
55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of these road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County; including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.
55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.
55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s). (FEIR mitigation measure 3.12-2)
55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.
55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” as adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:
55.4.12.1.8.3.1.1Impacts from point source and non-point source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain stormwater from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.
55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.
55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.
55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.
55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.
55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.
55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing. ¶
55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA Secretary, or similar information.
55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.
55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.
55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.
55.4.12.1.9The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited. (FEIR mitigation measure 3.4-4)
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing development activities shall implement the following measures from the final environmental impact report (FEIR), as described in Sections 313-55.4.12.1.10.1 through 31355.4.12.1.10.14, as applicable.
| Mitigation Measure # |
Description of Mitigation |
|---|---|
| 3.4-1a | Biological reconnaissance surveys |
| 3.4-1b | Special-status amphibian surveys and relocation/buffers |
| 3.4-1c | Westernpond turtle surveys and relocation/buffers |
| 3.4-1d | Nestingraptor surveys and relocation/buffers |
| 3.4-1e | Northern spotted owl surveys |
| 3.4-1f | Special-status nestingbird surveys/buffers |
| Mitigation Measure # |
Description of Mitigation |
| --- | --- |
| 3.4-1g | Marbled murrelet habitat suitabilitysurveys/buffers |
| 3.4-1i | American badger surveys and buffers |
| 3.4-1j | Fisher and Humboldt marten surveys and den site preservation/buffers |
| 3.4-1k | Bat surveyand buffers |
| 3.4-1l | Vole surveyand relocation/buffers |
| 3.4-3a | Special-statusplants surveys |
| 3.4-4 | Protection of sensitive natural communities, riparian habitat,wetland vegetation,includingESHA |
| 3.4-6b | Retention of fisher and Humboldt marten habitat features |
| 3.4-5 | Waters of the United States |
55.4.12.1.10.1 Biological Reconnaissance Surveys (FEIR Mitigation Measure 3.4-1a). Prior to approval of any application for commercial cannabis operations, a biological reconnaissance survey shall be conducted within the proposed development area by a qualified biologist. The qualified biologist shall assess the habitat suitability of the proposed development area for all special-status species and sensitive natural communities with the potential to occur in the subject area. The biologist shall include a letter or report with the permit application documenting whether special-status species and/or sensitive habitats are present or have the potential to occur within or adjacent to the proposed development area. If special-status species or sensitive habitats are present, the environmentally sensitive habitat area (ESHA) shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.
tent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.
55.4.12.1.10.2 Special-Status Amphibians (FEIR Mitigation Measure 3.4-1b). If special-status amphibians are detected during the initial biological reconnaissance survey, or during the preconstruction survey, or are determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive amphibian habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable habitat for special-status amphibians is present within the proposed development area, a qualified biologist familiar with the life cycle of regionally occurring special-status amphibians shall conduct seasonally appropriate preconstruction surveys for the applicable amphibian life stages (i.e., eggs, larvae, adults) no more than forty-eight (48) hours prior to commencement of development within the proposed development area plus a four hundred (400) foot buffer area around the proposed development area.
55.4.12.1.10.3 Western Pond Turtle (FEIR Mitigation Measure 3.4-1c). If western pond turtle is detected during the initial biological reconnaissance survey, or during the preconstruction survey, or is determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive western pond turtle habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.
biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.
55.4.12.1.10.4 Nesting Raptors (FEIR Mitigation Measure 3.4-1d). To avoid impacts to nesting raptors, tree removal activities shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with CDFW, that there is no active nest present in the tree. Prior to ground-disturbing activities between February 1st and August 31st, a qualified biologist shall conduct preconstruction surveys for nesting raptors and shall identify active nests within five hundred (500) feet of the proposed development area. Surveys shall be conducted between February 1st and August 31st. To avoid impacts to nesting raptors, appropriate no-disturbance buffers around active nests shall be established, in consultation with CDFW, that will protect sensitive nesting raptor habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Buffer areas shall be delineated with construction fencing, and no activity shall occur within the buffer areas until a qualified biologist has determined, in consultation with CDFW, that the young have fledged, the nest is no longer active, or reducing the buffer would not likely result in nest abandonment. Monitoring of the nest by a qualified biologist during and after construction activities shall be required if the activity has the potential to adversely
affect the nest. In no case shall nests or nest trees of bald eagles or golden eagles be removed (both active and nonactive eagle nests shall be protected).
55.4.12.1.10.5 Northern Spotted Owl (FEIR Mitigation Measure 3.4-1e). If the biological reconnaissance survey determines that suitable habitat for northern spotted owl (NSO) is present within or adjacent to the area of proposed development, or if the project site is within 1.3 miles (average species home range) of a known occurrence of NSO, as determined by a qualified biologist, the following measures shall be implemented to avoid disturbance to sensitive NSO habitat areas. Prior to removal of any trees or prior to grounddisturbing activities adjacent to or within suitable NSO nesting, roosting, or foraging habitat (e.g., forest clearings), a qualified biologist familiar with the life history of NSO shall conduct preconstruction surveys for nests within a 1.3-mile buffer around the site according to agency-approved protocols. Surveys shall be conducted between March 1st and August 31st, with three (3) complete surveys spaced at least seven (7) days apart to be completed by June 30th and a total of six (6) complete surveys over the course of two (2) years completed to determine presence or absence of NSO. If NSO(s) is determined to be present within 1.3 miles of the site, - proposed cultivation activities shall not be permitted. See also Section 313 55.4.12.6 (Performance Standard for Noise).
55.4.12.1.10.6 Special-Status Nesting Birds (FEIR Mitigation Measure 3.4-1f). To minimize the potential for disturbance to bank swallow, little willow flycatcher, tricolored blackbird, western snowy plover, western yellow-billed cuckoo, and other special-status nesting bird habitat areas, vegetation removal shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with USFWS and/or CDFW, that there is no active nest present in the area. Preconstruction surveys shall occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.
l occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.
55.4.12.1.10.7 Marbled Murrelet (FEIR Mitigation Measure 3.4-1g). If the biological reconnaissance survey determines that suitable habitat for marbled murrelet is present within or adjacent to the area of proposed new development, preconstruction surveys for marbled murrelet shall be conducted by a qualified biologist familiar with the life history of the marbled murrelet. Preconstruction surveys shall be conducted for nests within a one-quarter (0.25) mile buffer area around the project site according to agency-approved protocols. Surveys shall be conducted between April 15th and August 5th. If marbled murrelet is determined to be present, a onequarter (0.25) mile no-disturbance buffer area shall be established around the sensitive habitat area until the end of the marbled murrelet breeding season (until August 6th). No equipment or activities shall occur within the no-disturbance buffer. See also Section - 313 55.4.12.6 (Performance Standard for Noise).
55.4.12.1.10.8 American Badger (FEIR Mitigation Measure 3.4-1i). If the biological reconnaissance survey determines that suitable habitat for American badger is present within or adjacent to the area of proposed new development, then no more than thirty (30) days prior to commencement of construction a qualified biologist shall conduct preconstruction surveys of suitable badger burrow/den habitat areas to identify the presence of any badger burrows/dens. If occupied burrows/dens are found, sensitive badger habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.
ted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.
55.4.12.1.10.9 Fisher and Humboldt Marten (FEIR Mitigation Measures 3.4-1j and 3.4-6b). If the biological reconnaissance survey determines that suitable habitat for fisher and/or Humboldt marten is present within or adjacent to the area of proposed development, then prior to commencement of construction and during the denning season of March 1st to July 31st a qualified biologist shall conduct preconstruction surveys of all suitable habitats to identify potential dens as well as any sightings of individual fishers or martens. If there are individual sightings or if potential dens are found, sensitive fisher and/or marten habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with USFWS and CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with USFWS and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.
S and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.
55.4.12.1.10.10 Special-Status Bats (FEIR Mitigation Measure 3.4-1k). If the biological reconnaissance survey determines that suitable hibernation and/or maternal roosting habitat for special-status bat species is present within or adjacent to the area of proposed new development, then prior to commencement of construction and during the appropriate roosting season(s) a qualified biologist shall conduct preconstruction surveys of all suitable roosting habitat areas. If occupied bat roosts are found, sensitive bat roosting areas shall be protected from significant disruption of habitat values consistent with local coastal land use plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until roosting activities are complete, as determined by a qualified biologist in consultation with CDFW. For pallid bats and Townsend’s big-eared bats, the minimum size of the no-disturbance buffer area shall be four hundred (400) feet, and mitigation shall be required for impacts to nonoccupied roosting habitat of these bat species. A mitigation plan for any permitted disturbance to nonoccupied pallid and/or Townsend’s big-eared bat roosting habitat shall be developed in consultation with CDFW and shall be required to be implemented as a condition of permit approval.
55.4.12.1.10.11 Special-Status Voles (FEIR Mitigation Measure 3.4-1l). If the biological reconnaissance survey determines that suitable nesting habitat for Sonoma tree vole and/or white-footed vole is present within or adjacent to the area of proposed development, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.
elopment, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.
55.4.12.1.10.12 Special-Status Plants (FEIR Mitigation Measure 3.4-3a). During the blooming period(s) for the special-status plant species with the potential to occur in areas of proposed cannabis activities, as determined during the biological reconnaissance survey, a qualified botanist shall conduct protocol-level surveys for special-status plants and shall include survey results as part of the permit application. If special-status plants are found, sensitive plant habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
55.4.12.1.10.13 Sensitive Natural Communities (FEIR Mitigation Measure 3.4-4). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact sensitive natural communities, including, but not limited to, riparian areas; old-growth forests; oak woodlands; fish-bearing streams; coastal wetlands; northern foredune grasslands; and coastal terrace prairie. If sensitive natural communities are present, the sensitive areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
55.4.12.1.10.14 Coastal Waters and Wetlands (FEIR mitigation measure 3.4-5). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact coastal wetlands, streams, rivers, creeks, or natural drainage courses. If sensitive wetlands, waters, or drainage courses are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
s are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
During provisional permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required to evaluate conformity with local coastal program policies and standards in consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to relocate to outside of the northern spotted owl activity area.
55.4.12.1.11 Performance Standard for Hazardous Material Site Assessments and Contingency Plans (FEIR Mitigation Measures 3.7-2a and 3.7-2b). Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I Environmental Site Assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
l risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
55.4.12.1.11.1Where (a) contamination at the project site has been verified, or (b) new ground disturbance is proposed on a property previously developed with an industrial or heavy commercial use, a hazardous materials contingency plan shall be submitted for County review and approval during permit review, in consultation with Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control, as applicable. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance. The plan shall describe the necessary actions that would be taken if evidence of contaminated soil or groundwater is encountered during construction. The contingency plan shall identify conditions that could indicate potential hazardous materials contamination, including soil discoloration, petroleum or chemical odors, and presence of USTs or buried building material. The plan shall include the provision that if, at any time during constructing the project, evidence of soil and/or groundwater contamination with hazardous material is encountered, construction shall immediately cease and the County shall be contacted per Section 31355.4.12.1.11.3.
55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.
55.4.12.1.11.3If at any time during construction evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
55.4.12.1.12 Performance Standard for Stormwater Management (FEIR Mitigation Measure 3.8-4). Projects shall include a plan detailing stormwater management for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain or improve preproject drainage conditions, and in particular that there will be no net increase in the volume of stormwater runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.
55.4.12.1.13 Performance Standard for Management of Waste and Hazardous Materials (FEIR Mitigation Measure 3.13-1a).
55.4.12.1.13.1All projects shall include a materials management plan (MMP) for proper disposal of project-related waste at legally authorized disposal sites. Examples include solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.). The MMP shall include a detailed description of activities and processes occurring on site and the type and quantity of items produced. The MMP shall be submitted to the County Division of Environmental Health (DEH) and public agencies or private enterprises accepting waste materials. Commercial cannabis permits shall not be granted without approval of the MMP relevant agencies.
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a hazardous materials management plan (HMMP) which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.
ciated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.
55.4.12.1.14 Performance Standard for Protection of Historical Resources (FEIR Mitigation Measure 3.5-1). Projects proposing the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s Professional Qualification Standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.
55.4.12.1.15 Performance Standard for Inadvertent Discovery of Archaeological and Paleontological Resources (FEIR Mitigation Measures 3.5-2 and 3.6-5).
55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate Tribal Historic Preservation Officer(s), are to be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.
55.4.12.2 Additional Miscellaneous Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
General Standards Applicable to All Commercial Cannabis Activities
55.4.12.2.1All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).
55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies; provided, that all water quality protection requirements of the local coastal area plan are met.
55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.
Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.
55.4.12.2.4All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.
Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.
55.4.12.2.5Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as: “a sudden, unexpected occurrence demanding immediate action.”
55.4.12.2.6Provide and maintain an approved means of sewage disposal that meets the required standards of the County Division of Environmental Health and/or the Regional Water Quality Control Board, as applicable.
55.4.12.2.7All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday. (FEIR mitigation measure 3.10-1)
55.4.12.3(Reserved for Future Use)
55.4.12.4 Performance Standard for Light Pollution Control. ¶
55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded (e.g., with tarps) so that no light escapes between sunset and sunrise.
55.4.12.4.2Any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.
55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 313-55.4.5.3.
55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:
55.4.12.5.1Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2On-site renewable energy system with up to twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed by the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
55.4.12.6 Performance Standard for Noise at Cultivation Sites (FEIR Mitigation Measure 3.4-1h). Noise from cultivation and related activities shall not result in an increase of more than three (3) decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three (3) or more property lines when all cannabis related activities are not in operation. Project-generated sound must not exceed ambient nesting conditions by twenty (20) to twenty-five (25) decibels. Project-generated sound, when added to existing ambient conditions, must not exceed ninety (90) decibels.
55.4.12.6.1Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at
a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result. Marbled murrelet and northern spotted owl are most active during dawn and dusk. Within approximately two (2) hours of sunrise and sunset, ambient sound levels are lower than during the middle of the day (by approximately five (5) to ten (10) decibels). This will be accounted for when determining impacts of project-generated sound.
55.4.12.6.2The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.2.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.2.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.2.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.2.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.
55.4.12.7 Performance Standards for Cannabis Irrigation. In addition to the requirements of Section 313-55.4.6.3.2 that irrigation shall exclusively utilize stored water from nondiversionary sources, or water from a public or private water supplier (if adequate capacity exists for irrigation use, as determined by the public or private water supplier), all cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
Documentation of Current and Projected Water Use
55.4.12.7.1All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff. At a minimum, the following items shall be included:
55.4.12.7.1.1Information identifying the cultivation season(s).
55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.
55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, if applicable, showing volume in gallons.
55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.
Metering and Recordkeeping
55.4.12.7.2A metering device shall be installed and maintained on all locations of water withdrawal (including wells). The meter shall be located at or near the point of withdrawal.
55.4.12.7.3A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.4Operators shall maintain a weekly record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.
55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:
Existing Ponds and Reservoirs
55.4.12.8.1To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.
55.4.12.8.2Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from or outlets to a nearby stream or wetland.
55.4.12.8.3Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.4All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions
for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting timeframes.
Bladders and Above-Ground Pools, and Similar Vessels
55.4.12.8.5Use of bladders, above-ground pools, and similar vessels is prohibited. Where a provisional cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.
Tanks Located in Designated Flood Zones
- 55.4.12.8.6Tanks shall be sited consistent with the setbacks requirements of Section 313 55.4.5.1.3 at least one (1) foot above the base flood elevation or wet flood proofed and anchored.
55.4.12.9 Performance Standard for Wells on Small Parcels (FEIR Mitigation Measure 3.8-3). Cultivation site(s) located on lot sizes of forty (40) acres or smaller, where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. A coastal development permit shall be required for new test wells. These tests shall be conducted by a qualified professional and preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring. As part of the annual inspection process, cultivation operators shall provide the County with groundwater monitoring data for on-site well facilities that documents well production and changes in groundwater levels during each month of the year. Should this monitoring data identify potential drawdown impacts to adjacent well(s) and indicate a connection to operation of the on-site wells, the cultivation operators, in conjunction with the County, shall develop adaptive management measures to allow for recovery of groundwater levels. Adaptive management measures may include forbearance, water conservation measures, reductions in on-site cannabis cultivation, alteration of the groundwater pumping schedule, or other measures determined appropriate. Adaptive management measures that involve development shall require CDP authorization. Adaptive management measures shall remain in place until groundwater levels have recovered to preproject conditions based on annual monitoring data provided to the County as part of subsequent annual inspections. In addition, as required by Section 31355.4.6.4.4.1.9, proposed new agricultural wells shall observe all prescribed setbacks and limitations pertaining to the use of land adjacent to ESHA, including, but not limited to, wetlands and streams.
55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.
55.4.12.11 Existing Site Reconfiguration. ¶
55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration can be permitted consistent with the certified local coastal land use plan of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.
55.4.12.11.2A biological resource protection plan must also be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within the environmentally sensitive habitat area.
55.4.12.11.3Preexisting cultivation areas to be relocated must be restored to predisturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.
55.4.12.11.5All relocated road segments must be fully decommissioned and restored to predisturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.6All remediation activities shall be performed in accordance with the remediation performance standard (Section 31355.4.12.13).
55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.
55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.
55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.
55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).
See also the performance standards of Section 313-55.4.12.1.11, which also apply to some industrial and commercial properties.
55.4.12.13 Performance Standard for Remediation Activities. In addition to the requirements of Section 313-55.4.6.6, all remediation activities shall restore the site to predevelopment conditions to the maximum extent feasible. A mitigation and monitoring plan shall be submitted subject to review and approval of the Hearing Officer. The plan shall address prevention of damage to soil, plant and animal life, and surface and subsurface water supplies, and shall include standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations. Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1Public visitation may be permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts when meeting the requirements of this section.
55.4.12.14.2Public visitation may be permitted with a special permit and coastal development permit at sites located within those zones listed under Section 313-55.4.6.1.1 (AE and RA) when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 313-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.
55.4.12.14.3Visitation by the general public may include tours and tour groups, cannabis bed and breakfasts, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a coastal development permit and conditional use permit pursuant to Section 313-62.1.
55.4.12.14.4The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.4.1Sites located in those zones specified in Section 313-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. and 6:00 p.m.
55.4.12.14.4.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.4.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).
55.4.12.14.4.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.4.5 Road System and Driveways. ¶
55.4.12.14.4.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.12.14.4.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.4.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.
55.4.12.14.4.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.
55.4.12.14.4.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.4.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
55.4.12.14.4.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.4.6 Parking.
55.4.12.14.4.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.4.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.
55.4.12.15 Performance Standards for Tour Operators and Tour Sites. Tour Operators ¶
Tour operators shall comply with all of the following measures:
55.4.12.15.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.
55.4.12.15.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.
55.4.12.15.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
Tour Site Eligibility Criteria
Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.5The site(s) conform with the public accommodation performance standard.
55.4.12.15.6Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Plant Species Control (FEIR Mitigation Measure 3.4-3b). It is the responsibility of a certificate or permit holder to work to eradicate invasive plant species classified as invasive by the California Invasive Plant Council. As part of any application, the existence of invasive species on the project parcel shall be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. All required permits for invasive species removal shall be obtained prior to invasive species removal activities. Vegetation spoils shall be properly disposed of at a legally authorized landfill site to avoid further spread of invasive species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required as part of the annual permit renewal for commercial cannabis activities if invasive species remain or are found to have returned. Heavy equipment and other machinery used for commercial cannabis activities shall be inspected for the presence of invasive species prior to on-site use and shall be cleaned prior to entering the site to reduce the risk of introducing invasive plant species to the site.
55.4.12.17 Performance Standard for Visual Resources Protection. All development associated with a commercial cannabis operation shall comply with all applicable policies of the local coastal area plan for the protection of public visual resources. In addition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.
ddition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.
55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:
55.4.13.1Cultivation area of three thousand (3,000) square feet or less.
55.4.13.2
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic ce
Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
rtification standards or the substantial equivalent.
55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 313-43.2, “Right to Farm Ordinance,” said statement shall include information describing the possibility of commercial cultivation of cannabis.
55.5 INDUSTRIAL HEMP LAND USE REGULATIONS ¶
55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the coastal area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.
55.5.2 Applicability and Interpretation.
55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.
55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and, to this end, the provisions or application of this section are severable.
55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis. State Food and Agricultural Code Sections 81000 through 81015 require registered industrial hemp sites be a minimum one-tenth (0.1) acre for entities other than seed breeders or established agricultural research institutions.
55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions,” as defined in State Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2468, Section 1, 12/13/2011; Ord. 2634, § 2, 7/23/2019; Ord. 2638, §§ 2, 3, 2/4/2020; Ord. 2639, § 2, 2/4/2020; Ord. 2666, § 2, 2/9/2021; Ord. 2733, § 8, 3/5/2024)
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55.1 INDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE ¶
55.1.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.1 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Indoor Cultivation.”
55.1.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Indoor Cultivation (“this Code”) is to regulate the cultivation of cannabis for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany cannabis cultivation.
Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.
55.1.3 Applicability and Interpretation. ¶
55.1.3.1The indoor cultivation and processing of cannabis for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.
55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws.
55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.
55.1.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.1.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code. Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable State and County laws.
55.1.7 Definitions. ¶
Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Detached Accessory Building – Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Indoor Cultivation of Cannabis for Personal Use: cultivation and processing of cannabis for personal use indoors in a residence or detached accessory structure. The cultivation area may not exceed fifty (50) square feet or ten (10) feet in height. No more than six (6) cannabis plants may be cultivated for personal use in any residence or detached accessory structure at any time. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
55.1.8 Indoor Cultivation for Personal Use. The County shall not interfere with indoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Cultivation of cannabis for personal use in a residence shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Cannabis cultivation in detached accessory buildings shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.3A total of fifty (50) square feet of indoor cannabis cultivation for personal use, which does not exceed six (6) plants or ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than six (6) plants, fifty (50) square feet or more than ten (10) feet in height of cannabis cultivation area per residence on the parcel, regardless of the number of persons residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The cannabis cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, and secured against unauthorized entry; and
55.1.8.5Grow lights for cannabis cultivation for personal use in a residence or a detached accessory building shall not exceed one thousand two hundred (1,200) watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of cannabis in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the indoor cultivation of cannabis for personal use is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor cannabis cultivation or processing in a residence or a detached accessory building is prohibited; and
55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of cannabis in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
55.1.8.9On parcels that contain more than one (1) residence, no odor of cannabis shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one (1) residence, no odor of cannabis shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the cannabis cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of cannabis from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and
55.1.8.10From a public right-of-way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor cannabis at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Cannabis cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a cottage industry or a home occupation, and are not eligible for an address of convenience; and
55.1.8.12No sale, trading, or dispensing of cannabis is allowed on a parcel where indoor cultivation of cannabis for personal use occurs; and
55.1.8.13No person may cultivate cannabis for his or her personal use in more than one (1) residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where cannabis is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for cannabis cultivation; and
55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor cultivation of cannabis for personal use; and
55.1.8.16The indoor cultivation of cannabis for personal use shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
55.1.8.17Indoor cultivation of cannabis for personal use must comply with all applicable State and County laws, including fire and building codes.
55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.
55.1.8.19Outdoor cultivation, as described in Section 313-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein.
55.2 OUTDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE ¶
55.2.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.2 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Outdoor Cultivation.”
55.2.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Outdoor Cultivation (“this Code”) is to establish reasonable regulations governing the outdoor cultivation of cannabis for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor cannabis cultivation.
Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.
55.2.3 Applicability and Interpretation. ¶
55.2.3.1The outdoor cultivation and processing of cannabis for personal use within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.
55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt, any outdoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws. If outdoor cultivation of cannabis for personal use involves development as defined under Section 30106 of the Coastal Act, pursuant to Section 312-3.1.4 a coastal development permit must be secured, unless the development is exempted or excluded under the California Public Resources Code (Section 30000, and following) or the California Code of Regulations.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.
55.2.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Acre: means forty-three thousand five hundred sixty (43,560) square feet. See also the definition of “Lot Size” found under Section 313-147.
Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Canopy: means the area, in square feet, of vegetative growth, of a cannabis plant including starts.
Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Outdoor Cultivation of Cannabis for Personal Use: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more cannabis plants, or any part thereof, in any outdoor location. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.
Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this section.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, Section 1238, to receive school buses, as defined in California Vehicle Code Section 233, or school pupil activity buses, as defined in Vehicle Code Section 546.
Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.
55.2.7 Outdoor Cultivation for Personal Use. The County shall not interfere with outdoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, all outdoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:
55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 313-147.
55.2.7.2Cultivation of cannabis outdoors for personal use is allowed as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:
55.2.7.2.1On parcels one (1) acre or smaller in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of the cannabis cultivated outdoors does not exceed one hundred (100) square feet in size, and no part of the cultivation area occurs within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of cannabis cultivated outdoors does not exceed two hundred (200) square feet in size, no part of the cultivation area occurs within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
55.2.7.2.3No outdoor cultivation for personal use may occur within six hundred (600) feet of any school, school bus stop, public park, place of religious worship, or traditional Native American cultural site, so long as these uses existed prior to the outdoor cultivation of cannabis in compliance with this Code; and
55.2.7.2.4Indoor cannabis cultivation for personal use may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5No person may cultivate cannabis for his or her personal use in more than one (1) residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and
55.2.7.2.6Cultivation within a greenhouse or “hoophouse” for personal use shall be deemed outdoor cultivation subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks; and
55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor cultivation of cannabis for personal use; and
55.2.7.2.8The outdoor cultivation of cannabis shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of cannabis pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a lake and streambed alteration agreement is necessary. If such an agreement is required, the water use must comply with all of its terms.
55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of cannabis for personal use may only be done by a person who occupies a permitted residence located on the same property that is host to the cultivation activities. If the person cultivating cannabis outdoors for personal use is not the owner of the property, they must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent, specifically approving the outdoor cultivation on the property.
55.2.8 Enforcement. ¶
55.2.8.1Any violation of this section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law. Development that exceeds the minimum necessary to abate the public nuisance requires a Coastal Development Permit.
55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship:
55.2.9.1 Low Odor Strains. To alleviate the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.
55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.
55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.
55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near cannabis or the area where cannabis is being cultivated. Grow, process, and store cannabis in as “organic” and safe a fashion as possible to reduce potential adverse effects during use.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices – Northern California Farmer’s Guide.
55.3 MEDICAL CANNABIS DISPENSARIES ¶
55.3.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.3 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the Cannabis Land Use Code for Medical Dispensaries. This section applies to all cannabis dispensaries, as defined in this Code, that are located in the Coastal Zone.
55.3.2 Purpose and Intent. The purpose of this section is to minimize the negative land use impacts that can be associated with the dispensing of cannabis by a dispensary, as defined herein.
55.3.3 Applicability and Interpretation. ¶
55.3.3.1These regulations shall apply to the locating and permitting of cannabis dispensaries in zoning districts which authorize this use, as specified under Section 313-55.3.8.2.
55.3.3.2The distribution of cannabis by cannabis dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.
55.3.3.3Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, and any applicable State laws.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt cannabis dispensaries, as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis dispensaries.
55.3.3.6The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Section 313-135 et seq. and Section 111-1 et seq. may also apply to this Code.
55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for cannabis dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of cannabis dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of cannabis.
55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws.
55.3.7 Definitions. Except as otherwise provided, when used in this Code, the following terms shall have the following meanings:
Cannabis: means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Cannabis Delivery Service: a cannabis dispensary, as defined herein, that delivers cannabis to persons from a “store-front” base of operations located in a commercial or industrial zone within the unincorporated area of Humboldt County. A cannabis delivery service shall not be operated from a residential-zoned parcel and is not eligible for an address of convenience.
Cannabis Dispensary: a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of retail sale. This does not include Cannabis Research Laboratories and Testing Facilities, and Cannabis Business Offices, as described under Sections 313-55.3.13 and 313-55.4.
Church: a nonprofit organization that operates exclusively for religious purposes and is an organization as described in Section 501(c) (3) of the Internal Revenue Tax Code, as amended. For purposes of this Code, “church” includes a church, synagogue, temple, mosque, or other place of worship and related church property, such as a school or a youth camp.
Dispensing: any activity involving the retail sale of cannabis or cannabis products from a dispensary.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Place Where Children Congregate: may include, but is not limited to, a school bus stop, park, playground, a school as defined herein, tutoring facility, or any establishment that either advertises in a manner that identifies it as providing services primarily intended for minors or the individuals who regularly patronize, congregate, or assemble at the establishment are primarily minors.
Residential Treatment Facility: a facility, whether residential or nonresidential, providing treatment for drug or alcohol dependency.
School: public or private institution of learning for minors offering a regular course of instruction as required by the California Education Code, or any child or day care facility licensed by the State of California. This includes a nursery school, kindergarten, Head Start program, elementary school, middle school, high school, continuation or vocational school for minors, or any special institute of education, but it does not include a vocational or professional institution of higher education primarily intended for students over eighteen (18), such as a community or junior college, college, or university.
55.3.8 General Provisions. This section applies to all cannabis dispensaries, as defined in this Code.
55.3.8.1All cannabis dispensaries shall operate in compliance with this Code, and all other applicable State and local laws.
55.3.8.2Cannabis dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit and coastal development permit, issued pursuant to Section 312-3.1. Zoning districts where a dispensary may be located are CN, CG, MB, and ML. Dispensaries may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.
55.3.8.3The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a coastal development permit and a conditional use permit from the County of Humboldt to operate a dispensary within the jurisdiction of the County.
55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure public safety and to ensure the security of the cannabis.
55.3.9 Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, and in addition to the requirements applicable to adult use retail sales of cannabis in Section 313-55.4, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a cannabis dispensary:
55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
55.3.9.2The Planning Commission shall specifically regulate the location of cannabis dispensaries by considering the potential impacts and cumulative impacts of proposed cannabis dispensaries to the community area as a whole and specifically on the following existing uses located within a six hundred (600) foot radius of a proposed dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit or a coastal development permit for any proposed cannabis dispensary within six hundred (600) feet of the following uses if the Commission determines that the impacts of a proposed dispensary have the potential to be significant on the following uses:
55.3.9.2.1Residential neighborhoods and their inhabitants;
55.3.9.2.2Church, as defined herein;
55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
55.3.9.2.4Residential treatment facilities, as defined herein; and
55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a six hundred (600) foot radius of the proposed new facility.
55.3.9.3No cannabis dispensaries, operators, establishments, or providers who possess, cultivate, or distribute cannabis shall be located within a six hundred (600) foot radius of a school. This distance shall be measured in a straight line from the property line of the school to the property line of the cannabis dispensing facility, operator, establishment, or provider.
55.3.9.4Submission of an operations manual and compliance with the operating standards, pursuant to Sections 55.3.10 and 55.3.11.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit or a coastal development permit, cannabis dispensaries shall submit to the Planning Commission an operations manual which provides for the following:
55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit and coastal development permit applications, the operations manual, and the operating standards at any time before or after the conditional use permit and coastal development permit are issued; and
55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and
55.3.10.3The hours and days of the week when the dispensary will be open; and
55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a six hundred (600) foot radius; and
55.3.10.5A description of the security measures located on the premises, including but not limited to lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients; and
55.3.10.6A description of the screening process and procedures for clients; and
55.3.10.7A description of client records acquisition and retention procedures and policies; and
55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of cannabis that come in and go out of the dispensary; and
55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and
55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and
55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all cannabis distributed; and
55.3.10.12The procedure and documentation process for determining dosage, including any testing for the major active agents in cannabis offered to clients, such as cannabinoids tetrahydrocannabinol (THC), cannabidiol (CBD), and cannabinol (CBN); and
55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and
55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their operations manual as approved by the Planning Commission. Any deviations from or changes in the operations manual must be submitted to the Planning and Building Department for review for conformance with the approved permit. No changes in the operations manual are allowed unless authorized in writing by the Planning and Building Department.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, cannabis dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Cannabis delivery services shall only operate from a “store-front” dispensary in a commercial or industrial zone with an approved conditional use permit and coastal development permit; and
55.3.11.2Cannabis dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and
55.3.11.3No dispensing of cannabis to an individual shall be permitted more than twice a day; and
55.3.11.4The hours of operation of cannabis dispensaries shall be no earlier than 10:00 a.m. and no later than 7:00 p.m.; and
55.3.11.5Cannabis Dispensaries shall only provide cannabis to an individual over the age of twenty-one (21) or qualified patients or caregivers as defined in Health and Safety Code Section 11357 et seq.; and
55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the dispensary. A copy of the client rules and/or regulations shall be provided to clients by a cannabis delivery service; and
55.3.11.7Each building entrance to a cannabis dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
55.3.11.8No cannabis dispensary or delivery service shall provide cannabis to any qualified patient who is under eighteen (18) unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of cannabis; and
55.3.11.9All cannabis dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
55.3.11.10All cannabis dispensed by dispensaries must be obtained in accordance with applicable State and local laws; and
55.3.11.11All signs for cannabis dispensaries must comply with Sections 313-87.3 and 314-87.2; and
55.3.11.12An up-to-date inventory of all hazardous materials stored and used on site shall be maintained on the premises of the cannabis dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.13Cannabis dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
55.3.11.14Cannabis dispensaries shall comply with any and all conditions of their conditional use permit and coastal development permit.
55.3.12 Permit Revocation and Transfer. ¶
55.3.12.1A conditional use permit and coastal development permit shall be revoked or modified according to Section 312-14 (Revocation Procedures). Permit revocation or modification shall be sought for noncompliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.
55.3.12.2Conditional use permits and coastal development permits to operate a cannabis dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.13 Cannabis Business Offices. Business offices for cannabis dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code.
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE… ¶
55.4.1 Authority and Title. This section (hereafter all references to “this section” means Section 313-55.4 et seq. of the Humboldt County certified coastal zoning regulations) shall be known as the Coastal Commercial Cannabis Land Use Ordinance (“CCCLUO”), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Coastal Zone Area of the County of Humboldt.
55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment and increases public awareness and community health and safety, while creating a clear and attainable path for operators to follow and authorities to enforce, and while protecting coastal resources consistent with the California Coastal Act, Public Resources Code Section 30000 et seq., as part of the County of Humboldt’s Local Coastal Program.
These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twentyone (21) years of age or older.
55.4.3 Applicability and Interpretation. ¶
55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. This section is not intended to supersede the provisions of Section 313-55.1 or 313-55.2, excepting Sections 313-55.4.3.6, 313-55.4.3.7, and 313-55.4.10.1.
55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area coastal development permit regulations as well as other applicable provisions of the County Code.
55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.
55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 313-135 et seq. may also apply to this section.
55.4.3.5A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCCLUO for any commercial cannabis activity regulated by this section, or Section 313-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.
55.4.3.6Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”
55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.
55.4.3.8The commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the General Agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, coastal development permit or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.9Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any other zoning district other than those zoning districts where it is expressly permitted.
55.4.3.10The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, coastal development permit or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.11No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, coastal development permit or use permit required under this section.
55.4.3.12 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.4.4 Definitions. ¶
“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.
“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.
“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.
“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
“Captured rainfall” means rainwater catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.
“Category 4 Roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Appendix to Title III, Division 2.
“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.
“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.
“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.
“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”
“Cultivation site” means the location or a facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
“Dispensary” is a facility where commercial cannabis, commercial cannabis products, or devices for the use of commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers commercial cannabis and commercial cannabis products as part of retail sale.
“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.
“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from above ground irrigation.
“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light or indoor.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.
“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.
“FEIR” means the Final Environmental Impact Report for the CCCLUO certified by the County on May 8, 2018, under Resolution No. 18-40 for the amendments to the zoning regulations, known as the CCCLUO, prepared in compliance with the California Environmental Quality Act (CEQA), which includes mitigation and implementation measures and a Mitigation Monitoring and Reporting Plan to mitigate or avoid significant effects on the environment.
“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.
“Forbearance period” means the calendar days during which water may not be diverted from a waterbody or extracted from a well. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.
“Greenhouse” means an agricultural accessory structure typically constructed with transparent or translucent panels used for indoor, outdoor, or mixed-light commercial cannabis cultivation.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.
“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.
“Irrigation” means use of water by any commercial cannabis cultivation activity.
“Licensee” means a person issued a State license to engage in commercial cannabis activity.
“Local water source” means water withdrawal from a waterbody occurring on the same parcel(s) or premises, or in their vicinity.
“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.
“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than ten thousand (10,000) square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.
“Nondiversionary water source” means not involving the withdrawal of water from a waterbody.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a lawfully permitted conversion of timberland, conducted prior to January 1, 2016. For purposes of this section, nonforested areas refer to those lands with a land use designation other than coastal commercial timberland (TC).
“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.
“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.
“Outdoor” means cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 313-147.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.
ration, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.
“Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or entity holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument, shall not be considered a “person” for purposes of this section.
“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, and which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence, as potentially eligible for provisional permitting pursuant to this section. The maximum cultivation area that may be recognized for the purpose of provisional permitting of an unauthorized preexisting cultivation site is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above up to the maximum allowed pursuant to this section, whichever is smaller.
“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.
“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.
“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.
“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”
“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community services districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic. “Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.
“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.
“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from a one hundred percent (100%) renewable source.
“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in
concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. “Retailer” shall include medical cannabis dispensaries, as defined in and regulated by Section 313-55.3.
“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.
“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.
“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.
“Slope” means natural grade as defined in Section 313-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to Business and Professions Code Section 26000 et seq.
“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.
“Timberland” means land which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.
“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the Tribal Council or equivalent body.
“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by non-tribal members.
“Waterbody” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Waterbody” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.
55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits.
55.4.5.1 Special Area Provisions. In addition to the permit application requirements of Section 313-55.4.11, permit applications for commercial cannabis activities shall demonstrate compliance with special area provisions of Sections 313-55.4.5.1.1 through 31355.4.5.1.3 and all applicable performance standards of Section 313-55.4.12 et seq.
55.4.5.1.1No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3Notwithstanding any other provision of the certified LCP, no commercial cannabis activity shall be permitted within one - hundred (100) feet, at a minimum, of environmentally sensitive habitat area (ESHA), as defined in Section 313 143 (“Habitat Areas, Environmentally Sensitive”), or wetland, as defined in Section 313-158. In some cases, local coastal land use plans may require setbacks from wetlands and riparian areas to be greater than one hundred (100) feet. In addition, the buffer requirements of the - biological resources protections performance standard (Section 313 55.4.12.1.10) shall apply to all commercial cannabis activity.
55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.
55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): McKinleyville, Shelter Cove, and Trinidad-Westhaven. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the identified community planning areas (CPAs). For purposes of determining the Trinidad Planning Area, the Trinidad General Plan shall be utilized.
55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 313-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.
The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.
55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their Tribal Historic Preservation Officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).
55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, coastal development permit or use permit for commercial cannabis activity, as defined herein, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.
55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.
Any violation of this section, including but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of Title III. Development that exceeds the minimum necessary to abate the public nuisance requires a coastal development permit.
Whenever permit applicants seeking permits for commercial activities initiate operations ahead of permit issuance, or preexisting cultivation site operators seeking provisional permits expand cultivation operations ahead of permit issuance, the Director shall have discretion to:
55.4.5.3.1Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;
55.4.5.3.2Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings;
55.4.5.3.3Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person within the County of Humboldt. For purposes of this limitation, any natural person who owns or controls any interest, directly or indirectly, in a firm, partnership, joint venture, association, cooperative, collective, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit shall be collectively considered a single person with those entities. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 313-55.4.6.1.2.1.
55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to ten thousand (10,000) square feet may be permitted on a parcel).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Authorization for any commercial cannabis activity zoning clearance certificate, special permit, coastal development permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
evelopment permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
55.4.5.7 Annual Inspections. Annual compliance inspections are required, pursuant to Section 313-55.4.5.6. If the inspector or other County official determines that the site does not comply with the conditions of approval, the inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed.
Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed timeframes, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, coastal development permit or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.
55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.
55.4.5.8.2The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.
55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.
55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries may be permitted with a coastal development permit and special permit, use permit, or zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified; provided, that processing, drying, product grading, curing or trimming may only be conducted within lawfully constructed nonresidential structures that were in existence on January 1, 2016:
55.4.6.1 Eligibility Criteria – Agricultural and Rural Residential-Agricultural Areas.
55.4.6.1.1Zoning AE and RA.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area. The minimum parcel size for commercial outdoor and mixed-light cultivation of cannabis in the Coastal Zone in the AE and RA Zones is twenty (20) acres, except for the exceptions provided in Sections 313-55.4.6.1.2.2 and 313-55.4.6.1.2.3.
55.4.6.1.2.1 Allowed Cultivation Area in the AE and RA Zones, Except on Lands With an Agriculture Exclusive/Grazing Plan Designation.
55.4.6.1.2.1.1Up to ten thousand (10,000) square feet of cultivation area with a special permit and coastal development permit;
55.4.6.1.2.1.2Greater than ten thousand (10,000) square feet to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a use permit and coastal development permit on any parcel less than three hundred twenty (320) acres in size, including a combination of separately permitted activities including those permitted pursuant to Section 313-55.4.6.5.7.2.
Exception to the one (1) acre maximum: On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit and coastal development permit, up to a maximum of eight (8) acres. All cultivation area must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions to the road standard may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.
55.4.6.1.2.2 On Parcels With an Agricultural Exclusive/Grazing Plan Designation. No outdoor cultivation or greenhouses are allowed in the AE Zone on lands with an agricultural exclusive/grazing plan designation (AEG). Outdoor or mixed-light cultivation may only be permitted within lawfully constructed nonresidential structures existing prior to January 1, 2016, with a zoning clearance certificate and coastal development permit.
55.4.6.1.2.3 Maximum Greenhouse Coverage Allowed in the AE and RA Zones for Existing Greenhouses. With a zoning clearance certificate and coastal development permit, up to one (1) acre of cultivation area may be authorized within existing commercial greenhouse structures. Additionally, cultivation area in excess of one (1) acre may be authorized within existing commercial greenhouse structures with a use permit and coastal development permit. In no case shall the total cultivation area within existing commercial greenhouse structures in the AE Zone on lands with prime agricultural soils exceed twenty percent (20%) of the area of the parcel. The greenhouse(s) must have been lawfully constructed prior to January 1, 2016. RA zoned property must be twenty (20) acres or larger in size.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas. ¶
55.4.6.2.1 Zoning. CG, ML, MG, and MC as an interim use per Section 313-104.1. ¶
55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.
55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a special permit and coastal development permit in the ML, MG, and MC Zones. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit and coastal development permit.
55.4.6.2.2.3In the CG Zone, open-air cultivation only is allowed in conjunction with microbusiness activities pursuant to Section 31355.4.10.2.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse (Section 313-55.4.12.12).
55.4.6.3 Eligibility Criteria – All Areas. ¶
55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use (Section 313-55.4.12.5).
55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier, if adequate capacity exists for irrigation use, as determined by the public or private water supplier. Water from on-site greywater systems is also authorized for year-round use.
55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 313-55.4.12.1.8.
55.4.6.4 Siting Criteria – All Areas. ¶
55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less. (Exceptions to the slope criteria are described in Section 313-55.4.6.5.1 and 313-55.4.6.5.2.)
55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016, and which obtained all necessary permits for vegetation clearing as applicable.
55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel or legal lot. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited.
55.4.6.4.4 Setbacks.
- 55.4.6.4.4.1 Standard Setbacks. In addition to the special area provision setbacks of Section 313 55.4.5.1 related to schools, tribal lands, ESHA, and wetlands, cultivation site(s) must also observe all of the following setbacks:
55.4.6.4.4.1.1Property lines: thirty (30) feet from any property line.
55.4.6.4.4.1.2Residences and undeveloped parcels: three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.
55.4.6.4.4.1.3Sensitive receptors: six hundred (600) feet from a church or other place of religious worship, public park, coastal public - access, commercial recreational facility (as defined by Section 313 153), tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.
55.4.6.4.4.1.4Tribal ceremonial sites: one thousand (1,000) feet from all tribal ceremonial sites.
55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses and only if findings can be made that the setback reduction conforms with all applicable policies of the local coastal area plan and the access policies of the Coastal Act. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet, but at a minimum maintenance of a setback of at least one hundred (100) feet, may be allowed with a special permit; provided, that (a) advanced notice is given to the person or agency responsible for managing or supervising the management of those lands, and (b) the permitted setback of less than six hundred (600) feet will be sufficient to prevent impacts that would significantly degrade adjacent open space/habitat areas and will be compatible with the continuance of those open space/habitat areas. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.
55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.
55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.
55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including agricultural wells and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting environmentally sensitive habitat areas (ESHA) or wetlands, as defined under Coastal Act regulations in Humboldt County Code and local coastal area plans.
55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 313-55.4.5.1.5 are subject to the following enhanced setbacks, unless confined to enclosed structures:
55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area.
55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.
55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
t may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of Section 313-55.4.6.4.4.2 are not applicable to any commercial cannabis activities conducted on a parcel zoned MG or MC.
55.4.6.5 Provisional Permitting of Preexisting Cultivation Sites. As set forth in the following subsections, preexisting cultivation sites that meet all other eligibility and siting criteria and performance standards, including but not limited to those described in Section 313-55.4.6.1, may be permitted with a special permit and coastal development permit within AE and RA zoning districts, except on lands with an agricultural exclusive/grazing (AEG) land use designation; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met. Permitting of preexisting cultivation sites is prohibited where located within the TC or TPZ Zones.
Permit applications for preexisting cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.
Applications for preexisting cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of - the documented preexisting cultivation area (not to exceed the maximum allowed under Section 313 55.4.6.1.2), and applications for
preexisting cultivation sites submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area (not to exceed the maximum allowed under Section 313-55.4.6.1.2). No new applications for preexisting cultivation sites shall be accepted after December 31, 2019.
55.4.6.5.1 Provisional Permitting of Preexisting Small Cultivation Sites. On parcels twenty (20) acres or larger in size other than those with an agricultural exclusive/grazing plan designation, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a special permit and coastal development permit; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met, if applicable, subject to the following additional requirements and allowances:
55.4.6.5.1.1The operator’s principal residence is located on the same parcel and the residence was in existence on or before January 1, 2016.
55.4.6.5.1.2No more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.3The road systems performance standards in Section 313-55.4.12.1.8.1 shall not apply.
55.4.6.5.1.4The road systems performance standards in Sections 313-55.4.12.1.8.3 and 313-55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 313-55.4.12.1.8.4.1, and submit a report prepared pursuant Section 31355.4.12.1.8.3.2, unless one has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.4.2Permitted improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.
55.4.6.5.1.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.
55.4.6.5.2Provisional permitting of preexisting cultivation sites located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a use permit and coastal development permit.
55.4.6.5.3In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit and coastal development permit, subject to all applicable performance standards.
55.4.6.5.4 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation at Provisional Sites. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.
55.4.6.5.4.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.4.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:
55.4.6.5.4.2.1Keeping of ancillary mother plants off site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.
55.4.6.5.4.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.4.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.
55.4.6.5.5 Provisional Permitting. An application for provisional permitting of a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and Building Department within one (1) year of issuance of the provisional clearance or permit. All
violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event more than two (2) years of date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall act as Hearing Officer.
As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.
If a provisional permit application for a preexisting cultivation site is denied, the penalties and enforcement provisions of Section 31355.4.5.3 shall apply, and, if required, an application shall be submitted to remove preexisting commercial cannabis-related development and restore the site to preproject conditions in accordance with the performance standard for remediation activities (Section 313-55.4.12.13).
55.4.6.5.6(Section reserved for future use)
55.4.6.5.7 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:
55.4.6.5.7.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that are in the Coastal Zone and were in operation at any time between January 1, 2006, and January 1, 2016, and are located in AE, RA, TC and TPZ Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 31355.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.
55.4.6.5.7.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting (a) the eligibility criteria specified in Section 313-55.4.6.1 or 313-55.4.6.2, excluding sites with an agricultural exclusive/grazing plan designation and sites in the MC Zone, (b) the special area provision setbacks of Section 313-55.4.5.1, (c) all applicable siting criteria, and (d) all applicable performance standards specified in Section 313-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 313-55.4.5.1.4. No new applications for RRR sites shall be accepted after December 31, 2019.
55.4.6.5.7.3Operators of RRR sites shall be eligible to receive a special permit and coastal development permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than twenty thousand (20,000) square feet. Operators of RRR sites with a cultivation area exceeding twenty thousand (20,000) square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a use permit and coastal development permit, but in no event larger than the cultivation area size limits specified in Sections 313-55.4.6.1 and 313-55.4.6.2.
55.4.6.5.7.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k).
More than one (1) RRR site may be permitted on relocation site parcels of twenty (20) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation permits issued for that parcel does not exceed one (1) acre. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel.
55.4.6.5.7.5In order to receive the benefits specified in Section 313-55.4.6.5.7.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard - for remediation activities (Section 313 55.4.12.13). The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so.
The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt shall, on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.
55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis cultivation, including but not limited to bags, pots, or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis, or cannabis waste products, imported soil or soil
amendments not incorporated into native soil, generators, pumps, or structures not adaptable to noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.
For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 313-55.4.5.3 and Chapter 1 of Division 5 of Title III.
55.4.6.7(Section reserved for future use)
55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) in each of the six (6) local coastal plan areas shall be as follows:
| Coastal Planning Area | Permits | Acres |
|---|---|---|
| North Coast Area Plan | 4 | 2 |
| Trinidad Area Plan | 0 | 0 |
| McKinleyville Area Plan | 4 | 2 |
| Humboldt BayArea Plan * |
38 | 13 |
| Eel River Area Plan | 112 | 39 |
| South Coast Area Plan | 13 | 5 |
| Total | 171 | 61 |
*Cannabis cultivation sites on properties zoned MG – industrial general or CG – commercial general with public water from the Humboldt Bay Municipal Water District may be exempt from the cap with a will-serve letter from the district providing public water service to the site.
Once the permit cap for a given local coastal plan has been reached, no additional permit applications for open air and indoor cultivation activities will be processed until the Planning Commission and Board of Supervisors consider a review of the limits and prescribed distribution of permitting and acreage allowances found in the above table and approve an increase in the cap by amendment of this section of the Humboldt County Code certified by the California Coastal Commission. Review shall occur at a noticed public hearing held during a meeting of the Board of Supervisors, during which the Board shall receive and consider a report providing an update on local permitting efforts. The report shall provide information detailing the number and status of all applications received, permits approved, compliance agreements that have been executed, and code enforcement actions undertaken by the Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.
Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.
55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. All cannabis support facilities must meet or exceed the setbacks from sensitive receptors and tribal ceremonial sites specified under Sections 313-55.4.6.4.4.1.3 and 313-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 313-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Section 313-55.4.6.2.1 (CG, ML, MG, and MC as an interim use) distribution, off-site processing, enclosed nurseries, community propagation centers within a lawfully constructed structure in existence prior to January 1, 2016, shall be principally permitted with a zoning clearance certificate and coastal development permit when meeting all applicable performance standards, as well as the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate and coastal development permit in CG, ML, MG, and MC as an interim use or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 and all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.7.3 Road Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.8 Indoor Cultivation and Manufacturing. ¶
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 313-55.4.6.1, 313-55.4.6.2, 313-55.4.6.3.1 and 313-55.4.6.3.2 and comply with the siting criteria specified in Sections 313-55.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4, and 313-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1Within those zones specified under Section 313-55.4.6.1.1 (AE and RA), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate and coastal development permit, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016.
- 55.4.8.1.2Within those zones specified under Section 313 55.4.6.2.1 (CG, ML, MG, and MC as an interim use):
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted (a) with a zoning clearance certificate within an existing lawfully constructed structure where the commercial activities do not meet the definition of development under the Coastal Act and (b) within a proposed structure subject to approval of a zoning clearance certificate and coastal development permit.
55.4.8.1.2.2Up to ten thousand (10,000) square feet of cultivation area may be permitted with a special permit and coastal development permit.
55.4.8.1.2.3A use permit and coastal development permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.1.3 Road Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.
de an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 31355.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4 and 313-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 313-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:
55.4.8.2.1 Flammable Extraction. ¶
55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit and coastal development permit in the MG Zone, as well as MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit and coastal development permit in the CG and ML Zones.
55.4.8.2.1.3All manufacturing activities involving flammable extraction must be conducted within a lawfully constructed commercial structure. Where located within those Zones specified under Section 313-55.4.8.2.1.2, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.3.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 313-55.4.5.1.
55.4.8.2.1.3.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.3.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.3.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and
location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.
55.4.8.2.2 Nonflammable Extraction. ¶
55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the MG Zone, or a conditional use permit and coastal development permit in the MC Zone as an interim use.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit and coastal development permit within CG and ML Zones.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit and coastal development permit within those zones specified under Section 313-55.4.6.1.1 (AE and RA) on parcels that meet the minimum parcel size requirements of Section 313-55.4.6.1.2, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016. In addition, cannabis manufacturing activities in the AE Zone shall be limited to the processing of the raw cannabis materials grown on site.
55.4.8.2.3 Infusion. ¶
55.4.8.2.3.1Manufacturing activities involving infusion may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the CG, ML, MG Zones, and the MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be permitted as a cottage industry in all zones which permit cottage industry activities, when in compliance with all performance standards.
55.4.8.2.3.3 Road Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.9(Reserved for future use)
55.4.10 Other Provisions. ¶
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use in the CG, CN, MB, and ML zoning districts, subject to approval of a use permit and coastal development permit. Adult use retail sales may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.10.2. All certified regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
55.4.10.2 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit and coastal development permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned RA or, AE). In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
Road Locational Criteria:
Adult use retail sales and microbusinesses with on-site customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard.
Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.
55.4.10.3 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a coastal development permit and use permit (in the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses) as required by Section 313-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and City of Ferndale. Any event must be managed to ensure that (a) all cannabis vendor participants are licensed; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.4 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit;
provided, that: (a) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.
55.4.10.5 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours (Sections 313-55.4.12.14 and 31355.4.12.15). In addition, businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate and coastal development permit, subject to meeting the following criteria:
55.4.10.5.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.5.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.
Tour businesses not meeting the above criteria may be permitted with a special permit and coastal development permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.
55.4.10.6 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties - in conformance with the public accommodation performance standards in Section 313 61.05 (“Short-Term Rentals”).
55.4.10.7 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities.
Transportation does not include warehousing or storage of cannabis.
55.4.10.8 Cannabis Research Gardens. Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
g requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
55.4.11 Application Requirements for Clearances or Permits. Applications shall be required to include any or all of the following information necessary to evaluate conformity of the proposed project with local coastal program policies and standards: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, and tribal cultural resources (if ground disturbance is proposed) and historical resources; assessments of project-related noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a provisional cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board. Applications shall also include an analysis of how the activity will conform to all applicable local coastal area plan policies and regulations including, but not limited to, those protecting ESHAs, wetlands, coastal public access, public visual resources, and visitorserving uses.
In addition to the application filing requirements that the County may require to determine project compliance with all applicable local coastal program policies and standards, the County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
ental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
55.4.12 Performance Standards. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards listed in Sections 313-55.4.12.1 through 313-55.4.12.17 and all other local coastal program policies and standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
55.4.12.1 Performance Standards for All Commercial Cannabis Activities.
55.4.12.1.1Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.
55.4.12.1.3Where subject to State licensure, participate in local and State programs for “track and trace” once available.
55.4.12.1.4Maintain a current, valid business license at all times.
55.4.12.1.5Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours’ prior notice, to be conducted by appropriate County officials during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7Comply with any special conditions applicable to the permit or premises which may be imposed.
55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable; provided, that road development or improvement to these standards conforms to all applicable local coastal area plan policies and regulations:
55.4.12.1.8.1 Standard 1 – Dead End Road Length. Project is not located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or has secondary access for emergency vehicles and personnel, including wildland fire equipment.
Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
multaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:
55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a centerline stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or
55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of these road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County; including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.
55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.
55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s). (FEIR mitigation measure 3.12-2)
55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.
55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” as adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:
55.4.12.1.8.3.1.1Impacts from point source and non-point source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain stormwater from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.
55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.
55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.
55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.
55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.
55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.
55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing. ¶
55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA Secretary, or similar information.
55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.
55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.
55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.
55.4.12.1.9The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited. (FEIR mitigation measure 3.4-4)
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing development activities shall implement the following measures from the final environmental impact report (FEIR), as described in Sections 313-55.4.12.1.10.1 through 31355.4.12.1.10.14, as applicable.
| Mitigation Measure # |
Description of Mitigation |
|---|---|
| 3.4-1a | Biological reconnaissance surveys |
| 3.4-1b | Special-status amphibian surveys and relocation/buffers |
| 3.4-1c | Westernpond turtle surveys and relocation/buffers |
| 3.4-1d | Nestingraptor surveys and relocation/buffers |
| 3.4-1e | Northern spotted owl surveys |
| 3.4-1f | Special-status nestingbird surveys/buffers |
| Mitigation Measure # |
Description of Mitigation |
| --- | --- |
| 3.4-1g | Marbled murrelet habitat suitabilitysurveys/buffers |
| 3.4-1i | American badger surveys and buffers |
| 3.4-1j | Fisher and Humboldt marten surveys and den site preservation/buffers |
| 3.4-1k | Bat surveyand buffers |
| 3.4-1l | Vole surveyand relocation/buffers |
| 3.4-3a | Special-statusplants surveys |
| 3.4-4 | Protection of sensitive natural communities, riparian habitat,wetland vegetation,includingESHA |
| 3.4-6b | Retention of fisher and Humboldt marten habitat features |
| 3.4-5 | Waters of the United States |
55.4.12.1.10.1 Biological Reconnaissance Surveys (FEIR Mitigation Measure 3.4-1a). Prior to approval of any application for commercial cannabis operations, a biological reconnaissance survey shall be conducted within the proposed development area by a qualified biologist. The qualified biologist shall assess the habitat suitability of the proposed development area for all special-status species and sensitive natural communities with the potential to occur in the subject area. The biologist shall include a letter or report with the permit application documenting whether special-status species and/or sensitive habitats are present or have the potential to occur within or adjacent to the proposed development area. If special-status species or sensitive habitats are present, the environmentally sensitive habitat area (ESHA) shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.
tent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.
55.4.12.1.10.2 Special-Status Amphibians (FEIR Mitigation Measure 3.4-1b). If special-status amphibians are detected during the initial biological reconnaissance survey, or during the preconstruction survey, or are determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive amphibian habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable habitat for special-status amphibians is present within the proposed development area, a qualified biologist familiar with the life cycle of regionally occurring special-status amphibians shall conduct seasonally appropriate preconstruction surveys for the applicable amphibian life stages (i.e., eggs, larvae, adults) no more than forty-eight (48) hours prior to commencement of development within the proposed development area plus a four hundred (400) foot buffer area around the proposed development area.
55.4.12.1.10.3 Western Pond Turtle (FEIR Mitigation Measure 3.4-1c). If western pond turtle is detected during the initial biological reconnaissance survey, or during the preconstruction survey, or is determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive western pond turtle habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.
biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.
55.4.12.1.10.4 Nesting Raptors (FEIR Mitigation Measure 3.4-1d). To avoid impacts to nesting raptors, tree removal activities shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with CDFW, that there is no active nest present in the tree. Prior to ground-disturbing activities between February 1st and August 31st, a qualified biologist shall conduct preconstruction surveys for nesting raptors and shall identify active nests within five hundred (500) feet of the proposed development area. Surveys shall be conducted between February 1st and August 31st. To avoid impacts to nesting raptors, appropriate no-disturbance buffers around active nests shall be established, in consultation with CDFW, that will protect sensitive nesting raptor habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Buffer areas shall be delineated with construction fencing, and no activity shall occur within the buffer areas until a qualified biologist has determined, in consultation with CDFW, that the young have fledged, the nest is no longer active, or reducing the buffer would not likely result in nest abandonment. Monitoring of the nest by a qualified biologist during and after construction activities shall be required if the activity has the potential to adversely
affect the nest. In no case shall nests or nest trees of bald eagles or golden eagles be removed (both active and nonactive eagle nests shall be protected).
55.4.12.1.10.5 Northern Spotted Owl (FEIR Mitigation Measure 3.4-1e). If the biological reconnaissance survey determines that suitable habitat for northern spotted owl (NSO) is present within or adjacent to the area of proposed development, or if the project site is within 1.3 miles (average species home range) of a known occurrence of NSO, as determined by a qualified biologist, the following measures shall be implemented to avoid disturbance to sensitive NSO habitat areas. Prior to removal of any trees or prior to grounddisturbing activities adjacent to or within suitable NSO nesting, roosting, or foraging habitat (e.g., forest clearings), a qualified biologist familiar with the life history of NSO shall conduct preconstruction surveys for nests within a 1.3-mile buffer around the site according to agency-approved protocols. Surveys shall be conducted between March 1st and August 31st, with three (3) complete surveys spaced at least seven (7) days apart to be completed by June 30th and a total of six (6) complete surveys over the course of two (2) years completed to determine presence or absence of NSO. If NSO(s) is determined to be present within 1.3 miles of the site, - proposed cultivation activities shall not be permitted. See also Section 313 55.4.12.6 (Performance Standard for Noise).
55.4.12.1.10.6 Special-Status Nesting Birds (FEIR Mitigation Measure 3.4-1f). To minimize the potential for disturbance to bank swallow, little willow flycatcher, tricolored blackbird, western snowy plover, western yellow-billed cuckoo, and other special-status nesting bird habitat areas, vegetation removal shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with USFWS and/or CDFW, that there is no active nest present in the area. Preconstruction surveys shall occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.
l occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.
55.4.12.1.10.7 Marbled Murrelet (FEIR Mitigation Measure 3.4-1g). If the biological reconnaissance survey determines that suitable habitat for marbled murrelet is present within or adjacent to the area of proposed new development, preconstruction surveys for marbled murrelet shall be conducted by a qualified biologist familiar with the life history of the marbled murrelet. Preconstruction surveys shall be conducted for nests within a one-quarter (0.25) mile buffer area around the project site according to agency-approved protocols. Surveys shall be conducted between April 15th and August 5th. If marbled murrelet is determined to be present, a onequarter (0.25) mile no-disturbance buffer area shall be established around the sensitive habitat area until the end of the marbled murrelet breeding season (until August 6th). No equipment or activities shall occur within the no-disturbance buffer. See also Section - 313 55.4.12.6 (Performance Standard for Noise).
55.4.12.1.10.8 American Badger (FEIR Mitigation Measure 3.4-1i). If the biological reconnaissance survey determines that suitable habitat for American badger is present within or adjacent to the area of proposed new development, then no more than thirty (30) days prior to commencement of construction a qualified biologist shall conduct preconstruction surveys of suitable badger burrow/den habitat areas to identify the presence of any badger burrows/dens. If occupied burrows/dens are found, sensitive badger habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.
ted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.
55.4.12.1.10.9 Fisher and Humboldt Marten (FEIR Mitigation Measures 3.4-1j and 3.4-6b). If the biological reconnaissance survey determines that suitable habitat for fisher and/or Humboldt marten is present within or adjacent to the area of proposed development, then prior to commencement of construction and during the denning season of March 1st to July 31st a qualified biologist shall conduct preconstruction surveys of all suitable habitats to identify potential dens as well as any sightings of individual fishers or martens. If there are individual sightings or if potential dens are found, sensitive fisher and/or marten habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with USFWS and CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with USFWS and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.
S and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.
55.4.12.1.10.10 Special-Status Bats (FEIR Mitigation Measure 3.4-1k). If the biological reconnaissance survey determines that suitable hibernation and/or maternal roosting habitat for special-status bat species is present within or adjacent to the area of proposed new development, then prior to commencement of construction and during the appropriate roosting season(s) a qualified biologist shall conduct preconstruction surveys of all suitable roosting habitat areas. If occupied bat roosts are found, sensitive bat roosting areas shall be protected from significant disruption of habitat values consistent with local coastal land use plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until roosting activities are complete, as determined by a qualified biologist in consultation with CDFW. For pallid bats and Townsend’s big-eared bats, the minimum size of the no-disturbance buffer area shall be four hundred (400) feet, and mitigation shall be required for impacts to nonoccupied roosting habitat of these bat species. A mitigation plan for any permitted disturbance to nonoccupied pallid and/or Townsend’s big-eared bat roosting habitat shall be developed in consultation with CDFW and shall be required to be implemented as a condition of permit approval.
55.4.12.1.10.11 Special-Status Voles (FEIR Mitigation Measure 3.4-1l). If the biological reconnaissance survey determines that suitable nesting habitat for Sonoma tree vole and/or white-footed vole is present within or adjacent to the area of proposed development, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.
elopment, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.
55.4.12.1.10.12 Special-Status Plants (FEIR Mitigation Measure 3.4-3a). During the blooming period(s) for the special-status plant species with the potential to occur in areas of proposed cannabis activities, as determined during the biological reconnaissance survey, a qualified botanist shall conduct protocol-level surveys for special-status plants and shall include survey results as part of the permit application. If special-status plants are found, sensitive plant habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
55.4.12.1.10.13 Sensitive Natural Communities (FEIR Mitigation Measure 3.4-4). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact sensitive natural communities, including, but not limited to, riparian areas; old-growth forests; oak woodlands; fish-bearing streams; coastal wetlands; northern foredune grasslands; and coastal terrace prairie. If sensitive natural communities are present, the sensitive areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
55.4.12.1.10.14 Coastal Waters and Wetlands (FEIR mitigation measure 3.4-5). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact coastal wetlands, streams, rivers, creeks, or natural drainage courses. If sensitive wetlands, waters, or drainage courses are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
s are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
During provisional permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required to evaluate conformity with local coastal program policies and standards in consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to relocate to outside of the northern spotted owl activity area.
55.4.12.1.11 Performance Standard for Hazardous Material Site Assessments and Contingency Plans (FEIR Mitigation Measures 3.7-2a and 3.7-2b). Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I Environmental Site Assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
l risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
55.4.12.1.11.1Where (a) contamination at the project site has been verified, or (b) new ground disturbance is proposed on a property previously developed with an industrial or heavy commercial use, a hazardous materials contingency plan shall be submitted for County review and approval during permit review, in consultation with Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control, as applicable. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance. The plan shall describe the necessary actions that would be taken if evidence of contaminated soil or groundwater is encountered during construction. The contingency plan shall identify conditions that could indicate potential hazardous materials contamination, including soil discoloration, petroleum or chemical odors, and presence of USTs or buried building material. The plan shall include the provision that if, at any time during constructing the project, evidence of soil and/or groundwater contamination with hazardous material is encountered, construction shall immediately cease and the County shall be contacted per Section 31355.4.12.1.11.3.
55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.
55.4.12.1.11.3If at any time during construction evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
55.4.12.1.12 Performance Standard for Stormwater Management (FEIR Mitigation Measure 3.8-4). Projects shall include a plan detailing stormwater management for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain or improve preproject drainage conditions, and in particular that there will be no net increase in the volume of stormwater runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.
55.4.12.1.13 Performance Standard for Management of Waste and Hazardous Materials (FEIR Mitigation Measure 3.13-1a).
55.4.12.1.13.1All projects shall include a materials management plan (MMP) for proper disposal of project-related waste at legally authorized disposal sites. Examples include solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.). The MMP shall include a detailed description of activities and processes occurring on site and the type and quantity of items produced. The MMP shall be submitted to the County Division of Environmental Health (DEH) and public agencies or private enterprises accepting waste materials. Commercial cannabis permits shall not be granted without approval of the MMP relevant agencies.
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a hazardous materials management plan (HMMP) which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.
ciated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.
55.4.12.1.14 Performance Standard for Protection of Historical Resources (FEIR Mitigation Measure 3.5-1). Projects proposing the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s Professional Qualification Standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.
55.4.12.1.15 Performance Standard for Inadvertent Discovery of Archaeological and Paleontological Resources (FEIR Mitigation Measures 3.5-2 and 3.6-5).
55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate Tribal Historic Preservation Officer(s), are to be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.
55.4.12.2 Additional Miscellaneous Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
General Standards Applicable to All Commercial Cannabis Activities
55.4.12.2.1All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).
55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies; provided, that all water quality protection requirements of the local coastal area plan are met.
55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.
Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.
55.4.12.2.4All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.
Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.
55.4.12.2.5Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as: “a sudden, unexpected occurrence demanding immediate action.”
55.4.12.2.6Provide and maintain an approved means of sewage disposal that meets the required standards of the County Division of Environmental Health and/or the Regional Water Quality Control Board, as applicable.
55.4.12.2.7All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday. (FEIR mitigation measure 3.10-1)
55.4.12.3(Reserved for Future Use)
55.4.12.4 Performance Standard for Light Pollution Control. ¶
55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded (e.g., with tarps) so that no light escapes between sunset and sunrise.
55.4.12.4.2Any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.
55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 313-55.4.5.3.
55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:
55.4.12.5.1Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2On-site renewable energy system with up to twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed by the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
55.4.12.6 Performance Standard for Noise at Cultivation Sites (FEIR Mitigation Measure 3.4-1h). Noise from cultivation and related activities shall not result in an increase of more than three (3) decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three (3) or more property lines when all cannabis related activities are not in operation. Project-generated sound must not exceed ambient nesting conditions by twenty (20) to twenty-five (25) decibels. Project-generated sound, when added to existing ambient conditions, must not exceed ninety (90) decibels.
55.4.12.6.1Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at
a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result. Marbled murrelet and northern spotted owl are most active during dawn and dusk. Within approximately two (2) hours of sunrise and sunset, ambient sound levels are lower than during the middle of the day (by approximately five (5) to ten (10) decibels). This will be accounted for when determining impacts of project-generated sound.
55.4.12.6.2The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.2.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.2.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.2.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.2.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.
55.4.12.7 Performance Standards for Cannabis Irrigation. In addition to the requirements of Section 313-55.4.6.3.2 that irrigation shall exclusively utilize stored water from nondiversionary sources, or water from a public or private water supplier (if adequate capacity exists for irrigation use, as determined by the public or private water supplier), all cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
Documentation of Current and Projected Water Use
55.4.12.7.1All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff. At a minimum, the following items shall be included:
55.4.12.7.1.1Information identifying the cultivation season(s).
55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.
55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, if applicable, showing volume in gallons.
55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.
Metering and Recordkeeping
55.4.12.7.2A metering device shall be installed and maintained on all locations of water withdrawal (including wells). The meter shall be located at or near the point of withdrawal.
55.4.12.7.3A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.4Operators shall maintain a weekly record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.
55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:
Existing Ponds and Reservoirs
55.4.12.8.1To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.
55.4.12.8.2Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from or outlets to a nearby stream or wetland.
55.4.12.8.3Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.4All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions
for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting timeframes.
Bladders and Above-Ground Pools, and Similar Vessels
55.4.12.8.5Use of bladders, above-ground pools, and similar vessels is prohibited. Where a provisional cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.
Tanks Located in Designated Flood Zones
- 55.4.12.8.6Tanks shall be sited consistent with the setbacks requirements of Section 313 55.4.5.1.3 at least one (1) foot above the base flood elevation or wet flood proofed and anchored.
55.4.12.9 Performance Standard for Wells on Small Parcels (FEIR Mitigation Measure 3.8-3). Cultivation site(s) located on lot sizes of forty (40) acres or smaller, where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. A coastal development permit shall be required for new test wells. These tests shall be conducted by a qualified professional and preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring. As part of the annual inspection process, cultivation operators shall provide the County with groundwater monitoring data for on-site well facilities that documents well production and changes in groundwater levels during each month of the year. Should this monitoring data identify potential drawdown impacts to adjacent well(s) and indicate a connection to operation of the on-site wells, the cultivation operators, in conjunction with the County, shall develop adaptive management measures to allow for recovery of groundwater levels. Adaptive management measures may include forbearance, water conservation measures, reductions in on-site cannabis cultivation, alteration of the groundwater pumping schedule, or other measures determined appropriate. Adaptive management measures that involve development shall require CDP authorization. Adaptive management measures shall remain in place until groundwater levels have recovered to preproject conditions based on annual monitoring data provided to the County as part of subsequent annual inspections. In addition, as required by Section 31355.4.6.4.4.1.9, proposed new agricultural wells shall observe all prescribed setbacks and limitations pertaining to the use of land adjacent to ESHA, including, but not limited to, wetlands and streams.
55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.
55.4.12.11 Existing Site Reconfiguration. ¶
55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration can be permitted consistent with the certified local coastal land use plan of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.
55.4.12.11.2A biological resource protection plan must also be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within the environmentally sensitive habitat area.
55.4.12.11.3Preexisting cultivation areas to be relocated must be restored to predisturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.
55.4.12.11.5All relocated road segments must be fully decommissioned and restored to predisturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.6All remediation activities shall be performed in accordance with the remediation performance standard (Section 31355.4.12.13).
55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.
55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.
55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.
55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).
See also the performance standards of Section 313-55.4.12.1.11, which also apply to some industrial and commercial properties.
55.4.12.13 Performance Standard for Remediation Activities. In addition to the requirements of Section 313-55.4.6.6, all remediation activities shall restore the site to predevelopment conditions to the maximum extent feasible. A mitigation and monitoring plan shall be submitted subject to review and approval of the Hearing Officer. The plan shall address prevention of damage to soil, plant and animal life, and surface and subsurface water supplies, and shall include standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations. Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1Public visitation may be permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts when meeting the requirements of this section.
55.4.12.14.2Public visitation may be permitted with a special permit and coastal development permit at sites located within those zones listed under Section 313-55.4.6.1.1 (AE and RA) when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 313-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.
55.4.12.14.3Visitation by the general public may include tours and tour groups, cannabis bed and breakfasts, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a coastal development permit and conditional use permit pursuant to Section 313-62.1.
55.4.12.14.4The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.4.1Sites located in those zones specified in Section 313-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. and 6:00 p.m.
55.4.12.14.4.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.4.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).
55.4.12.14.4.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.4.5 Road System and Driveways. ¶
55.4.12.14.4.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.12.14.4.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.4.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.
55.4.12.14.4.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.
55.4.12.14.4.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.4.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
55.4.12.14.4.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.4.6 Parking.
55.4.12.14.4.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.4.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.
55.4.12.15 Performance Standards for Tour Operators and Tour Sites. Tour Operators ¶
Tour operators shall comply with all of the following measures:
55.4.12.15.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.
55.4.12.15.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.
55.4.12.15.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
Tour Site Eligibility Criteria
Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.5The site(s) conform with the public accommodation performance standard.
55.4.12.15.6Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Plant Species Control (FEIR Mitigation Measure 3.4-3b). It is the responsibility of a certificate or permit holder to work to eradicate invasive plant species classified as invasive by the California Invasive Plant Council. As part of any application, the existence of invasive species on the project parcel shall be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. All required permits for invasive species removal shall be obtained prior to invasive species removal activities. Vegetation spoils shall be properly disposed of at a legally authorized landfill site to avoid further spread of invasive species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required as part of the annual permit renewal for commercial cannabis activities if invasive species remain or are found to have returned. Heavy equipment and other machinery used for commercial cannabis activities shall be inspected for the presence of invasive species prior to on-site use and shall be cleaned prior to entering the site to reduce the risk of introducing invasive plant species to the site.
55.4.12.17 Performance Standard for Visual Resources Protection. All development associated with a commercial cannabis operation shall comply with all applicable policies of the local coastal area plan for the protection of public visual resources. In addition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.
ddition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.
55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:
55.4.13.1Cultivation area of three thousand (3,000) square feet or less.
55.4.13.2
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic ce
Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
rtification standards or the substantial equivalent.
55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 313-43.2, “Right to Farm Ordinance,” said statement shall include information describing the possibility of commercial cultivation of cannabis.
55.5 INDUSTRIAL HEMP LAND USE REGULATIONS ¶
55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the coastal area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.
55.5.2 Applicability and Interpretation.
55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.
55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and, to this end, the provisions or application of this section are severable.
55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis. State Food and Agricultural Code Sections 81000 through 81015 require registered industrial hemp sites be a minimum one-tenth (0.1) acre for entities other than seed breeders or established agricultural research institutions.
55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions,” as defined in State Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2468, Section 1, 12/13/2011; Ord. 2634, § 2, 7/23/2019; Ord. 2638, §§ 2, 3, 2/4/2020; Ord. 2639, § 2, 2/4/2020; Ord. 2666, § 2, 2/9/2021; Ord. 2733, § 8, 3/5/2024)
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55.1 INDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE ¶
55.1.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.1 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Indoor Cultivation.”
55.1.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Indoor Cultivation (“this Code”) is to regulate the cultivation of cannabis for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany cannabis cultivation.
Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.
55.1.3 Applicability and Interpretation. ¶
55.1.3.1The indoor cultivation and processing of cannabis for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.
55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws.
55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.
55.1.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.1.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code. Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable State and County laws.
55.1.7 Definitions. ¶
Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Detached Accessory Building – Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Indoor Cultivation of Cannabis for Personal Use: cultivation and processing of cannabis for personal use indoors in a residence or detached accessory structure. The cultivation area may not exceed fifty (50) square feet or ten (10) feet in height. No more than six (6) cannabis plants may be cultivated for personal use in any residence or detached accessory structure at any time. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
55.1.8 Indoor Cultivation for Personal Use. The County shall not interfere with indoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Cultivation of cannabis for personal use in a residence shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Cannabis cultivation in detached accessory buildings shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.3A total of fifty (50) square feet of indoor cannabis cultivation for personal use, which does not exceed six (6) plants or ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than six (6) plants, fifty (50) square feet or more than ten (10) feet in height of cannabis cultivation area per residence on the parcel, regardless of the number of persons residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The cannabis cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, and secured against unauthorized entry; and
55.1.8.5Grow lights for cannabis cultivation for personal use in a residence or a detached accessory building shall not exceed one thousand two hundred (1,200) watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of cannabis in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the indoor cultivation of cannabis for personal use is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor cannabis cultivation or processing in a residence or a detached accessory building is prohibited; and
55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of cannabis in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
55.1.8.9On parcels that contain more than one (1) residence, no odor of cannabis shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one (1) residence, no odor of cannabis shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the cannabis cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of cannabis from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and
55.1.8.10From a public right-of-way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor cannabis at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Cannabis cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a cottage industry or a home occupation, and are not eligible for an address of convenience; and
55.1.8.12No sale, trading, or dispensing of cannabis is allowed on a parcel where indoor cultivation of cannabis for personal use occurs; and
55.1.8.13No person may cultivate cannabis for his or her personal use in more than one (1) residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where cannabis is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for cannabis cultivation; and
55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor cultivation of cannabis for personal use; and
55.1.8.16The indoor cultivation of cannabis for personal use shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
55.1.8.17Indoor cultivation of cannabis for personal use must comply with all applicable State and County laws, including fire and building codes.
55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.
55.1.8.19Outdoor cultivation, as described in Section 313-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein.
55.2 OUTDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE ¶
55.2.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.2 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Outdoor Cultivation.”
55.2.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Outdoor Cultivation (“this Code”) is to establish reasonable regulations governing the outdoor cultivation of cannabis for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor cannabis cultivation.
Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.
55.2.3 Applicability and Interpretation. ¶
55.2.3.1The outdoor cultivation and processing of cannabis for personal use within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.
55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt, any outdoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws. If outdoor cultivation of cannabis for personal use involves development as defined under Section 30106 of the Coastal Act, pursuant to Section 312-3.1.4 a coastal development permit must be secured, unless the development is exempted or excluded under the California Public Resources Code (Section 30000, and following) or the California Code of Regulations.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.
55.2.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Acre: means forty-three thousand five hundred sixty (43,560) square feet. See also the definition of “Lot Size” found under Section 313-147.
Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Canopy: means the area, in square feet, of vegetative growth, of a cannabis plant including starts.
Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Outdoor Cultivation of Cannabis for Personal Use: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more cannabis plants, or any part thereof, in any outdoor location. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.
Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this section.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, Section 1238, to receive school buses, as defined in California Vehicle Code Section 233, or school pupil activity buses, as defined in Vehicle Code Section 546.
Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.
55.2.7 Outdoor Cultivation for Personal Use. The County shall not interfere with outdoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, all outdoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:
55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 313-147.
55.2.7.2Cultivation of cannabis outdoors for personal use is allowed as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:
55.2.7.2.1On parcels one (1) acre or smaller in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of the cannabis cultivated outdoors does not exceed one hundred (100) square feet in size, and no part of the cultivation area occurs within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of cannabis cultivated outdoors does not exceed two hundred (200) square feet in size, no part of the cultivation area occurs within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
55.2.7.2.3No outdoor cultivation for personal use may occur within six hundred (600) feet of any school, school bus stop, public park, place of religious worship, or traditional Native American cultural site, so long as these uses existed prior to the outdoor cultivation of cannabis in compliance with this Code; and
55.2.7.2.4Indoor cannabis cultivation for personal use may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5No person may cultivate cannabis for his or her personal use in more than one (1) residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and
55.2.7.2.6Cultivation within a greenhouse or “hoophouse” for personal use shall be deemed outdoor cultivation subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks; and
55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor cultivation of cannabis for personal use; and
55.2.7.2.8The outdoor cultivation of cannabis shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of cannabis pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a lake and streambed alteration agreement is necessary. If such an agreement is required, the water use must comply with all of its terms.
55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of cannabis for personal use may only be done by a person who occupies a permitted residence located on the same property that is host to the cultivation activities. If the person cultivating cannabis outdoors for personal use is not the owner of the property, they must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent, specifically approving the outdoor cultivation on the property.
55.2.8 Enforcement. ¶
55.2.8.1Any violation of this section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law. Development that exceeds the minimum necessary to abate the public nuisance requires a Coastal Development Permit.
55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship:
55.2.9.1 Low Odor Strains. To alleviate the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.
55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.
55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.
55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near cannabis or the area where cannabis is being cultivated. Grow, process, and store cannabis in as “organic” and safe a fashion as possible to reduce potential adverse effects during use.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices – Northern California Farmer’s Guide.
55.3 MEDICAL CANNABIS DISPENSARIES ¶
55.3.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.3 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the Cannabis Land Use Code for Medical Dispensaries. This section applies to all cannabis dispensaries, as defined in this Code, that are located in the Coastal Zone.
55.3.2 Purpose and Intent. The purpose of this section is to minimize the negative land use impacts that can be associated with the dispensing of cannabis by a dispensary, as defined herein.
55.3.3 Applicability and Interpretation. ¶
55.3.3.1These regulations shall apply to the locating and permitting of cannabis dispensaries in zoning districts which authorize this use, as specified under Section 313-55.3.8.2.
55.3.3.2The distribution of cannabis by cannabis dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.
55.3.3.3Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, and any applicable State laws.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt cannabis dispensaries, as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis dispensaries.
55.3.3.6The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Section 313-135 et seq. and Section 111-1 et seq. may also apply to this Code.
55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for cannabis dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of cannabis dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of cannabis.
55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws.
55.3.7 Definitions. Except as otherwise provided, when used in this Code, the following terms shall have the following meanings:
Cannabis: means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Cannabis Delivery Service: a cannabis dispensary, as defined herein, that delivers cannabis to persons from a “store-front” base of operations located in a commercial or industrial zone within the unincorporated area of Humboldt County. A cannabis delivery service shall not be operated from a residential-zoned parcel and is not eligible for an address of convenience.
Cannabis Dispensary: a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of retail sale. This does not include Cannabis Research Laboratories and Testing Facilities, and Cannabis Business Offices, as described under Sections 313-55.3.13 and 313-55.4.
Church: a nonprofit organization that operates exclusively for religious purposes and is an organization as described in Section 501(c) (3) of the Internal Revenue Tax Code, as amended. For purposes of this Code, “church” includes a church, synagogue, temple, mosque, or other place of worship and related church property, such as a school or a youth camp.
Dispensing: any activity involving the retail sale of cannabis or cannabis products from a dispensary.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Place Where Children Congregate: may include, but is not limited to, a school bus stop, park, playground, a school as defined herein, tutoring facility, or any establishment that either advertises in a manner that identifies it as providing services primarily intended for minors or the individuals who regularly patronize, congregate, or assemble at the establishment are primarily minors.
Residential Treatment Facility: a facility, whether residential or nonresidential, providing treatment for drug or alcohol dependency.
School: public or private institution of learning for minors offering a regular course of instruction as required by the California Education Code, or any child or day care facility licensed by the State of California. This includes a nursery school, kindergarten, Head Start program, elementary school, middle school, high school, continuation or vocational school for minors, or any special institute of education, but it does not include a vocational or professional institution of higher education primarily intended for students over eighteen (18), such as a community or junior college, college, or university.
55.3.8 General Provisions. This section applies to all cannabis dispensaries, as defined in this Code.
55.3.8.1All cannabis dispensaries shall operate in compliance with this Code, and all other applicable State and local laws.
55.3.8.2Cannabis dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit and coastal development permit, issued pursuant to Section 312-3.1. Zoning districts where a dispensary may be located are CN, CG, MB, and ML. Dispensaries may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.
55.3.8.3The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a coastal development permit and a conditional use permit from the County of Humboldt to operate a dispensary within the jurisdiction of the County.
55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure public safety and to ensure the security of the cannabis.
55.3.9 Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, and in addition to the requirements applicable to adult use retail sales of cannabis in Section 313-55.4, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a cannabis dispensary:
55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
55.3.9.2The Planning Commission shall specifically regulate the location of cannabis dispensaries by considering the potential impacts and cumulative impacts of proposed cannabis dispensaries to the community area as a whole and specifically on the following existing uses located within a six hundred (600) foot radius of a proposed dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit or a coastal development permit for any proposed cannabis dispensary within six hundred (600) feet of the following uses if the Commission determines that the impacts of a proposed dispensary have the potential to be significant on the following uses:
55.3.9.2.1Residential neighborhoods and their inhabitants;
55.3.9.2.2Church, as defined herein;
55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
55.3.9.2.4Residential treatment facilities, as defined herein; and
55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a six hundred (600) foot radius of the proposed new facility.
55.3.9.3No cannabis dispensaries, operators, establishments, or providers who possess, cultivate, or distribute cannabis shall be located within a six hundred (600) foot radius of a school. This distance shall be measured in a straight line from the property line of the school to the property line of the cannabis dispensing facility, operator, establishment, or provider.
55.3.9.4Submission of an operations manual and compliance with the operating standards, pursuant to Sections 55.3.10 and 55.3.11.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit or a coastal development permit, cannabis dispensaries shall submit to the Planning Commission an operations manual which provides for the following:
55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit and coastal development permit applications, the operations manual, and the operating standards at any time before or after the conditional use permit and coastal development permit are issued; and
55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and
55.3.10.3The hours and days of the week when the dispensary will be open; and
55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a six hundred (600) foot radius; and
55.3.10.5A description of the security measures located on the premises, including but not limited to lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients; and
55.3.10.6A description of the screening process and procedures for clients; and
55.3.10.7A description of client records acquisition and retention procedures and policies; and
55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of cannabis that come in and go out of the dispensary; and
55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and
55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and
55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all cannabis distributed; and
55.3.10.12The procedure and documentation process for determining dosage, including any testing for the major active agents in cannabis offered to clients, such as cannabinoids tetrahydrocannabinol (THC), cannabidiol (CBD), and cannabinol (CBN); and
55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and
55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their operations manual as approved by the Planning Commission. Any deviations from or changes in the operations manual must be submitted to the Planning and Building Department for review for conformance with the approved permit. No changes in the operations manual are allowed unless authorized in writing by the Planning and Building Department.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, cannabis dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Cannabis delivery services shall only operate from a “store-front” dispensary in a commercial or industrial zone with an approved conditional use permit and coastal development permit; and
55.3.11.2Cannabis dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and
55.3.11.3No dispensing of cannabis to an individual shall be permitted more than twice a day; and
55.3.11.4The hours of operation of cannabis dispensaries shall be no earlier than 10:00 a.m. and no later than 7:00 p.m.; and
55.3.11.5Cannabis Dispensaries shall only provide cannabis to an individual over the age of twenty-one (21) or qualified patients or caregivers as defined in Health and Safety Code Section 11357 et seq.; and
55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the dispensary. A copy of the client rules and/or regulations shall be provided to clients by a cannabis delivery service; and
55.3.11.7Each building entrance to a cannabis dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
55.3.11.8No cannabis dispensary or delivery service shall provide cannabis to any qualified patient who is under eighteen (18) unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of cannabis; and
55.3.11.9All cannabis dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
55.3.11.10All cannabis dispensed by dispensaries must be obtained in accordance with applicable State and local laws; and
55.3.11.11All signs for cannabis dispensaries must comply with Sections 313-87.3 and 314-87.2; and
55.3.11.12An up-to-date inventory of all hazardous materials stored and used on site shall be maintained on the premises of the cannabis dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.13Cannabis dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
55.3.11.14Cannabis dispensaries shall comply with any and all conditions of their conditional use permit and coastal development permit.
55.3.12 Permit Revocation and Transfer. ¶
55.3.12.1A conditional use permit and coastal development permit shall be revoked or modified according to Section 312-14 (Revocation Procedures). Permit revocation or modification shall be sought for noncompliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.
55.3.12.2Conditional use permits and coastal development permits to operate a cannabis dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.13 Cannabis Business Offices. Business offices for cannabis dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code.
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE… ¶
55.4.1 Authority and Title. This section (hereafter all references to “this section” means Section 313-55.4 et seq. of the Humboldt County certified coastal zoning regulations) shall be known as the Coastal Commercial Cannabis Land Use Ordinance (“CCCLUO”), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Coastal Zone Area of the County of Humboldt.
55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment and increases public awareness and community health and safety, while creating a clear and attainable path for operators to follow and authorities to enforce, and while protecting coastal resources consistent with the California Coastal Act, Public Resources Code Section 30000 et seq., as part of the County of Humboldt’s Local Coastal Program.
These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twentyone (21) years of age or older.
55.4.3 Applicability and Interpretation. ¶
55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. This section is not intended to supersede the provisions of Section 313-55.1 or 313-55.2, excepting Sections 313-55.4.3.6, 313-55.4.3.7, and 313-55.4.10.1.
55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area coastal development permit regulations as well as other applicable provisions of the County Code.
55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.
55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 313-135 et seq. may also apply to this section.
55.4.3.5A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCCLUO for any commercial cannabis activity regulated by this section, or Section 313-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.
55.4.3.6Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”
55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.
55.4.3.8The commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the General Agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, coastal development permit or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.9Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any other zoning district other than those zoning districts where it is expressly permitted.
55.4.3.10The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, coastal development permit or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.11No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, coastal development permit or use permit required under this section.
55.4.3.12 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.4.4 Definitions. ¶
“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.
“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.
“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.
“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
“Captured rainfall” means rainwater catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.
“Category 4 Roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Appendix to Title III, Division 2.
“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.
“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.
“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.
“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”
“Cultivation site” means the location or a facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
“Dispensary” is a facility where commercial cannabis, commercial cannabis products, or devices for the use of commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers commercial cannabis and commercial cannabis products as part of retail sale.
“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.
“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from above ground irrigation.
“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light or indoor.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.
“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.
“FEIR” means the Final Environmental Impact Report for the CCCLUO certified by the County on May 8, 2018, under Resolution No. 18-40 for the amendments to the zoning regulations, known as the CCCLUO, prepared in compliance with the California Environmental Quality Act (CEQA), which includes mitigation and implementation measures and a Mitigation Monitoring and Reporting Plan to mitigate or avoid significant effects on the environment.
“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.
“Forbearance period” means the calendar days during which water may not be diverted from a waterbody or extracted from a well. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.
“Greenhouse” means an agricultural accessory structure typically constructed with transparent or translucent panels used for indoor, outdoor, or mixed-light commercial cannabis cultivation.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.
“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.
“Irrigation” means use of water by any commercial cannabis cultivation activity.
“Licensee” means a person issued a State license to engage in commercial cannabis activity.
“Local water source” means water withdrawal from a waterbody occurring on the same parcel(s) or premises, or in their vicinity.
“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.
“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than ten thousand (10,000) square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.
“Nondiversionary water source” means not involving the withdrawal of water from a waterbody.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a lawfully permitted conversion of timberland, conducted prior to January 1, 2016. For purposes of this section, nonforested areas refer to those lands with a land use designation other than coastal commercial timberland (TC).
“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.
“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.
“Outdoor” means cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 313-147.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.
ration, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.
“Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or entity holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument, shall not be considered a “person” for purposes of this section.
“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, and which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence, as potentially eligible for provisional permitting pursuant to this section. The maximum cultivation area that may be recognized for the purpose of provisional permitting of an unauthorized preexisting cultivation site is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above up to the maximum allowed pursuant to this section, whichever is smaller.
“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.
“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.
“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.
“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”
“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community services districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic. “Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.
“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.
“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from a one hundred percent (100%) renewable source.
“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in
concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. “Retailer” shall include medical cannabis dispensaries, as defined in and regulated by Section 313-55.3.
“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.
“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.
“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.
“Slope” means natural grade as defined in Section 313-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to Business and Professions Code Section 26000 et seq.
“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.
“Timberland” means land which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.
“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the Tribal Council or equivalent body.
“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by non-tribal members.
“Waterbody” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Waterbody” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.
55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits.
55.4.5.1 Special Area Provisions. In addition to the permit application requirements of Section 313-55.4.11, permit applications for commercial cannabis activities shall demonstrate compliance with special area provisions of Sections 313-55.4.5.1.1 through 31355.4.5.1.3 and all applicable performance standards of Section 313-55.4.12 et seq.
55.4.5.1.1No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3Notwithstanding any other provision of the certified LCP, no commercial cannabis activity shall be permitted within one - hundred (100) feet, at a minimum, of environmentally sensitive habitat area (ESHA), as defined in Section 313 143 (“Habitat Areas, Environmentally Sensitive”), or wetland, as defined in Section 313-158. In some cases, local coastal land use plans may require setbacks from wetlands and riparian areas to be greater than one hundred (100) feet. In addition, the buffer requirements of the - biological resources protections performance standard (Section 313 55.4.12.1.10) shall apply to all commercial cannabis activity.
55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.
55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): McKinleyville, Shelter Cove, and Trinidad-Westhaven. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the identified community planning areas (CPAs). For purposes of determining the Trinidad Planning Area, the Trinidad General Plan shall be utilized.
55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 313-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.
The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.
55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their Tribal Historic Preservation Officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).
55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, coastal development permit or use permit for commercial cannabis activity, as defined herein, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.
55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.
Any violation of this section, including but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of Title III. Development that exceeds the minimum necessary to abate the public nuisance requires a coastal development permit.
Whenever permit applicants seeking permits for commercial activities initiate operations ahead of permit issuance, or preexisting cultivation site operators seeking provisional permits expand cultivation operations ahead of permit issuance, the Director shall have discretion to:
55.4.5.3.1Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;
55.4.5.3.2Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings;
55.4.5.3.3Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person within the County of Humboldt. For purposes of this limitation, any natural person who owns or controls any interest, directly or indirectly, in a firm, partnership, joint venture, association, cooperative, collective, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit shall be collectively considered a single person with those entities. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 313-55.4.6.1.2.1.
55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to ten thousand (10,000) square feet may be permitted on a parcel).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Authorization for any commercial cannabis activity zoning clearance certificate, special permit, coastal development permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
evelopment permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
55.4.5.7 Annual Inspections. Annual compliance inspections are required, pursuant to Section 313-55.4.5.6. If the inspector or other County official determines that the site does not comply with the conditions of approval, the inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed.
Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed timeframes, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, coastal development permit or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.
55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.
55.4.5.8.2The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.
55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.
55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries may be permitted with a coastal development permit and special permit, use permit, or zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified; provided, that processing, drying, product grading, curing or trimming may only be conducted within lawfully constructed nonresidential structures that were in existence on January 1, 2016:
55.4.6.1 Eligibility Criteria – Agricultural and Rural Residential-Agricultural Areas.
55.4.6.1.1Zoning AE and RA.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area. The minimum parcel size for commercial outdoor and mixed-light cultivation of cannabis in the Coastal Zone in the AE and RA Zones is twenty (20) acres, except for the exceptions provided in Sections 313-55.4.6.1.2.2 and 313-55.4.6.1.2.3.
55.4.6.1.2.1 Allowed Cultivation Area in the AE and RA Zones, Except on Lands With an Agriculture Exclusive/Grazing Plan Designation.
55.4.6.1.2.1.1Up to ten thousand (10,000) square feet of cultivation area with a special permit and coastal development permit;
55.4.6.1.2.1.2Greater than ten thousand (10,000) square feet to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a use permit and coastal development permit on any parcel less than three hundred twenty (320) acres in size, including a combination of separately permitted activities including those permitted pursuant to Section 313-55.4.6.5.7.2.
Exception to the one (1) acre maximum: On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit and coastal development permit, up to a maximum of eight (8) acres. All cultivation area must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions to the road standard may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.
55.4.6.1.2.2 On Parcels With an Agricultural Exclusive/Grazing Plan Designation. No outdoor cultivation or greenhouses are allowed in the AE Zone on lands with an agricultural exclusive/grazing plan designation (AEG). Outdoor or mixed-light cultivation may only be permitted within lawfully constructed nonresidential structures existing prior to January 1, 2016, with a zoning clearance certificate and coastal development permit.
55.4.6.1.2.3 Maximum Greenhouse Coverage Allowed in the AE and RA Zones for Existing Greenhouses. With a zoning clearance certificate and coastal development permit, up to one (1) acre of cultivation area may be authorized within existing commercial greenhouse structures. Additionally, cultivation area in excess of one (1) acre may be authorized within existing commercial greenhouse structures with a use permit and coastal development permit. In no case shall the total cultivation area within existing commercial greenhouse structures in the AE Zone on lands with prime agricultural soils exceed twenty percent (20%) of the area of the parcel. The greenhouse(s) must have been lawfully constructed prior to January 1, 2016. RA zoned property must be twenty (20) acres or larger in size.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas. ¶
55.4.6.2.1 Zoning. CG, ML, MG, and MC as an interim use per Section 313-104.1. ¶
55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.
55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a special permit and coastal development permit in the ML, MG, and MC Zones. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit and coastal development permit.
55.4.6.2.2.3In the CG Zone, open-air cultivation only is allowed in conjunction with microbusiness activities pursuant to Section 31355.4.10.2.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse (Section 313-55.4.12.12).
55.4.6.3 Eligibility Criteria – All Areas. ¶
55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use (Section 313-55.4.12.5).
55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier, if adequate capacity exists for irrigation use, as determined by the public or private water supplier. Water from on-site greywater systems is also authorized for year-round use.
55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 313-55.4.12.1.8.
55.4.6.4 Siting Criteria – All Areas. ¶
55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less. (Exceptions to the slope criteria are described in Section 313-55.4.6.5.1 and 313-55.4.6.5.2.)
55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016, and which obtained all necessary permits for vegetation clearing as applicable.
55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel or legal lot. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited.
55.4.6.4.4 Setbacks.
- 55.4.6.4.4.1 Standard Setbacks. In addition to the special area provision setbacks of Section 313 55.4.5.1 related to schools, tribal lands, ESHA, and wetlands, cultivation site(s) must also observe all of the following setbacks:
55.4.6.4.4.1.1Property lines: thirty (30) feet from any property line.
55.4.6.4.4.1.2Residences and undeveloped parcels: three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.
55.4.6.4.4.1.3Sensitive receptors: six hundred (600) feet from a church or other place of religious worship, public park, coastal public - access, commercial recreational facility (as defined by Section 313 153), tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.
55.4.6.4.4.1.4Tribal ceremonial sites: one thousand (1,000) feet from all tribal ceremonial sites.
55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses and only if findings can be made that the setback reduction conforms with all applicable policies of the local coastal area plan and the access policies of the Coastal Act. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet, but at a minimum maintenance of a setback of at least one hundred (100) feet, may be allowed with a special permit; provided, that (a) advanced notice is given to the person or agency responsible for managing or supervising the management of those lands, and (b) the permitted setback of less than six hundred (600) feet will be sufficient to prevent impacts that would significantly degrade adjacent open space/habitat areas and will be compatible with the continuance of those open space/habitat areas. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.
55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.
55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.
55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including agricultural wells and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting environmentally sensitive habitat areas (ESHA) or wetlands, as defined under Coastal Act regulations in Humboldt County Code and local coastal area plans.
55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 313-55.4.5.1.5 are subject to the following enhanced setbacks, unless confined to enclosed structures:
55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area.
55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.
55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
t may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of Section 313-55.4.6.4.4.2 are not applicable to any commercial cannabis activities conducted on a parcel zoned MG or MC.
55.4.6.5 Provisional Permitting of Preexisting Cultivation Sites. As set forth in the following subsections, preexisting cultivation sites that meet all other eligibility and siting criteria and performance standards, including but not limited to those described in Section 313-55.4.6.1, may be permitted with a special permit and coastal development permit within AE and RA zoning districts, except on lands with an agricultural exclusive/grazing (AEG) land use designation; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met. Permitting of preexisting cultivation sites is prohibited where located within the TC or TPZ Zones.
Permit applications for preexisting cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.
Applications for preexisting cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of - the documented preexisting cultivation area (not to exceed the maximum allowed under Section 313 55.4.6.1.2), and applications for
preexisting cultivation sites submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area (not to exceed the maximum allowed under Section 313-55.4.6.1.2). No new applications for preexisting cultivation sites shall be accepted after December 31, 2019.
55.4.6.5.1 Provisional Permitting of Preexisting Small Cultivation Sites. On parcels twenty (20) acres or larger in size other than those with an agricultural exclusive/grazing plan designation, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a special permit and coastal development permit; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met, if applicable, subject to the following additional requirements and allowances:
55.4.6.5.1.1The operator’s principal residence is located on the same parcel and the residence was in existence on or before January 1, 2016.
55.4.6.5.1.2No more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.3The road systems performance standards in Section 313-55.4.12.1.8.1 shall not apply.
55.4.6.5.1.4The road systems performance standards in Sections 313-55.4.12.1.8.3 and 313-55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 313-55.4.12.1.8.4.1, and submit a report prepared pursuant Section 31355.4.12.1.8.3.2, unless one has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.4.2Permitted improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.
55.4.6.5.1.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.
55.4.6.5.2Provisional permitting of preexisting cultivation sites located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a use permit and coastal development permit.
55.4.6.5.3In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit and coastal development permit, subject to all applicable performance standards.
55.4.6.5.4 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation at Provisional Sites. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.
55.4.6.5.4.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.4.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:
55.4.6.5.4.2.1Keeping of ancillary mother plants off site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.
55.4.6.5.4.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.4.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.
55.4.6.5.5 Provisional Permitting. An application for provisional permitting of a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and Building Department within one (1) year of issuance of the provisional clearance or permit. All
violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event more than two (2) years of date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall act as Hearing Officer.
As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.
If a provisional permit application for a preexisting cultivation site is denied, the penalties and enforcement provisions of Section 31355.4.5.3 shall apply, and, if required, an application shall be submitted to remove preexisting commercial cannabis-related development and restore the site to preproject conditions in accordance with the performance standard for remediation activities (Section 313-55.4.12.13).
55.4.6.5.6(Section reserved for future use)
55.4.6.5.7 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:
55.4.6.5.7.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that are in the Coastal Zone and were in operation at any time between January 1, 2006, and January 1, 2016, and are located in AE, RA, TC and TPZ Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 31355.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.
55.4.6.5.7.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting (a) the eligibility criteria specified in Section 313-55.4.6.1 or 313-55.4.6.2, excluding sites with an agricultural exclusive/grazing plan designation and sites in the MC Zone, (b) the special area provision setbacks of Section 313-55.4.5.1, (c) all applicable siting criteria, and (d) all applicable performance standards specified in Section 313-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 313-55.4.5.1.4. No new applications for RRR sites shall be accepted after December 31, 2019.
55.4.6.5.7.3Operators of RRR sites shall be eligible to receive a special permit and coastal development permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than twenty thousand (20,000) square feet. Operators of RRR sites with a cultivation area exceeding twenty thousand (20,000) square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a use permit and coastal development permit, but in no event larger than the cultivation area size limits specified in Sections 313-55.4.6.1 and 313-55.4.6.2.
55.4.6.5.7.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k).
More than one (1) RRR site may be permitted on relocation site parcels of twenty (20) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation permits issued for that parcel does not exceed one (1) acre. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel.
55.4.6.5.7.5In order to receive the benefits specified in Section 313-55.4.6.5.7.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard - for remediation activities (Section 313 55.4.12.13). The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so.
The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt shall, on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.
55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis cultivation, including but not limited to bags, pots, or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis, or cannabis waste products, imported soil or soil
amendments not incorporated into native soil, generators, pumps, or structures not adaptable to noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.
For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 313-55.4.5.3 and Chapter 1 of Division 5 of Title III.
55.4.6.7(Section reserved for future use)
55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) in each of the six (6) local coastal plan areas shall be as follows:
| Coastal Planning Area | Permits | Acres |
|---|---|---|
| North Coast Area Plan | 4 | 2 |
| Trinidad Area Plan | 0 | 0 |
| McKinleyville Area Plan | 4 | 2 |
| Humboldt BayArea Plan * |
38 | 13 |
| Eel River Area Plan | 112 | 39 |
| South Coast Area Plan | 13 | 5 |
| Total | 171 | 61 |
*Cannabis cultivation sites on properties zoned MG – industrial general or CG – commercial general with public water from the Humboldt Bay Municipal Water District may be exempt from the cap with a will-serve letter from the district providing public water service to the site.
Once the permit cap for a given local coastal plan has been reached, no additional permit applications for open air and indoor cultivation activities will be processed until the Planning Commission and Board of Supervisors consider a review of the limits and prescribed distribution of permitting and acreage allowances found in the above table and approve an increase in the cap by amendment of this section of the Humboldt County Code certified by the California Coastal Commission. Review shall occur at a noticed public hearing held during a meeting of the Board of Supervisors, during which the Board shall receive and consider a report providing an update on local permitting efforts. The report shall provide information detailing the number and status of all applications received, permits approved, compliance agreements that have been executed, and code enforcement actions undertaken by the Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.
Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.
55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. All cannabis support facilities must meet or exceed the setbacks from sensitive receptors and tribal ceremonial sites specified under Sections 313-55.4.6.4.4.1.3 and 313-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 313-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Section 313-55.4.6.2.1 (CG, ML, MG, and MC as an interim use) distribution, off-site processing, enclosed nurseries, community propagation centers within a lawfully constructed structure in existence prior to January 1, 2016, shall be principally permitted with a zoning clearance certificate and coastal development permit when meeting all applicable performance standards, as well as the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate and coastal development permit in CG, ML, MG, and MC as an interim use or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 and all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.7.3 Road Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.8 Indoor Cultivation and Manufacturing. ¶
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 313-55.4.6.1, 313-55.4.6.2, 313-55.4.6.3.1 and 313-55.4.6.3.2 and comply with the siting criteria specified in Sections 313-55.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4, and 313-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1Within those zones specified under Section 313-55.4.6.1.1 (AE and RA), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate and coastal development permit, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016.
- 55.4.8.1.2Within those zones specified under Section 313 55.4.6.2.1 (CG, ML, MG, and MC as an interim use):
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted (a) with a zoning clearance certificate within an existing lawfully constructed structure where the commercial activities do not meet the definition of development under the Coastal Act and (b) within a proposed structure subject to approval of a zoning clearance certificate and coastal development permit.
55.4.8.1.2.2Up to ten thousand (10,000) square feet of cultivation area may be permitted with a special permit and coastal development permit.
55.4.8.1.2.3A use permit and coastal development permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.1.3 Road Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.
de an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 31355.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4 and 313-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 313-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:
55.4.8.2.1 Flammable Extraction. ¶
55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit and coastal development permit in the MG Zone, as well as MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit and coastal development permit in the CG and ML Zones.
55.4.8.2.1.3All manufacturing activities involving flammable extraction must be conducted within a lawfully constructed commercial structure. Where located within those Zones specified under Section 313-55.4.8.2.1.2, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.3.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 313-55.4.5.1.
55.4.8.2.1.3.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.3.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.3.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and
location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.
55.4.8.2.2 Nonflammable Extraction. ¶
55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the MG Zone, or a conditional use permit and coastal development permit in the MC Zone as an interim use.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit and coastal development permit within CG and ML Zones.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit and coastal development permit within those zones specified under Section 313-55.4.6.1.1 (AE and RA) on parcels that meet the minimum parcel size requirements of Section 313-55.4.6.1.2, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016. In addition, cannabis manufacturing activities in the AE Zone shall be limited to the processing of the raw cannabis materials grown on site.
55.4.8.2.3 Infusion. ¶
55.4.8.2.3.1Manufacturing activities involving infusion may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the CG, ML, MG Zones, and the MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be permitted as a cottage industry in all zones which permit cottage industry activities, when in compliance with all performance standards.
55.4.8.2.3.3 Road Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.9(Reserved for future use)
55.4.10 Other Provisions. ¶
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use in the CG, CN, MB, and ML zoning districts, subject to approval of a use permit and coastal development permit. Adult use retail sales may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.10.2. All certified regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
55.4.10.2 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit and coastal development permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned RA or, AE). In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
Road Locational Criteria:
Adult use retail sales and microbusinesses with on-site customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard.
Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.
55.4.10.3 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a coastal development permit and use permit (in the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses) as required by Section 313-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and City of Ferndale. Any event must be managed to ensure that (a) all cannabis vendor participants are licensed; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.4 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit;
provided, that: (a) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.
55.4.10.5 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours (Sections 313-55.4.12.14 and 31355.4.12.15). In addition, businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate and coastal development permit, subject to meeting the following criteria:
55.4.10.5.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.5.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.
Tour businesses not meeting the above criteria may be permitted with a special permit and coastal development permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.
55.4.10.6 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties - in conformance with the public accommodation performance standards in Section 313 61.05 (“Short-Term Rentals”).
55.4.10.7 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities.
Transportation does not include warehousing or storage of cannabis.
55.4.10.8 Cannabis Research Gardens. Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
g requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
55.4.11 Application Requirements for Clearances or Permits. Applications shall be required to include any or all of the following information necessary to evaluate conformity of the proposed project with local coastal program policies and standards: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, and tribal cultural resources (if ground disturbance is proposed) and historical resources; assessments of project-related noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a provisional cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board. Applications shall also include an analysis of how the activity will conform to all applicable local coastal area plan policies and regulations including, but not limited to, those protecting ESHAs, wetlands, coastal public access, public visual resources, and visitorserving uses.
In addition to the application filing requirements that the County may require to determine project compliance with all applicable local coastal program policies and standards, the County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
ental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
55.4.12 Performance Standards. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards listed in Sections 313-55.4.12.1 through 313-55.4.12.17 and all other local coastal program policies and standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
55.4.12.1 Performance Standards for All Commercial Cannabis Activities.
55.4.12.1.1Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.
55.4.12.1.3Where subject to State licensure, participate in local and State programs for “track and trace” once available.
55.4.12.1.4Maintain a current, valid business license at all times.
55.4.12.1.5Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours’ prior notice, to be conducted by appropriate County officials during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7Comply with any special conditions applicable to the permit or premises which may be imposed.
55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable; provided, that road development or improvement to these standards conforms to all applicable local coastal area plan policies and regulations:
55.4.12.1.8.1 Standard 1 – Dead End Road Length. Project is not located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or has secondary access for emergency vehicles and personnel, including wildland fire equipment.
Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
multaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:
55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a centerline stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or
55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of these road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County; including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.
55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.
55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s). (FEIR mitigation measure 3.12-2)
55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.
55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” as adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:
55.4.12.1.8.3.1.1Impacts from point source and non-point source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain stormwater from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.
55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.
55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.
55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.
55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.
55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.
55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing. ¶
55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA Secretary, or similar information.
55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.
55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.
55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.
55.4.12.1.9The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited. (FEIR mitigation measure 3.4-4)
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing development activities shall implement the following measures from the final environmental impact report (FEIR), as described in Sections 313-55.4.12.1.10.1 through 31355.4.12.1.10.14, as applicable.
| Mitigation Measure # |
Description of Mitigation |
|---|---|
| 3.4-1a | Biological reconnaissance surveys |
| 3.4-1b | Special-status amphibian surveys and relocation/buffers |
| 3.4-1c | Westernpond turtle surveys and relocation/buffers |
| 3.4-1d | Nestingraptor surveys and relocation/buffers |
| 3.4-1e | Northern spotted owl surveys |
| 3.4-1f | Special-status nestingbird surveys/buffers |
| Mitigation Measure # |
Description of Mitigation |
| --- | --- |
| 3.4-1g | Marbled murrelet habitat suitabilitysurveys/buffers |
| 3.4-1i | American badger surveys and buffers |
| 3.4-1j | Fisher and Humboldt marten surveys and den site preservation/buffers |
| 3.4-1k | Bat surveyand buffers |
| 3.4-1l | Vole surveyand relocation/buffers |
| 3.4-3a | Special-statusplants surveys |
| 3.4-4 | Protection of sensitive natural communities, riparian habitat,wetland vegetation,includingESHA |
| 3.4-6b | Retention of fisher and Humboldt marten habitat features |
| 3.4-5 | Waters of the United States |
55.4.12.1.10.1 Biological Reconnaissance Surveys (FEIR Mitigation Measure 3.4-1a). Prior to approval of any application for commercial cannabis operations, a biological reconnaissance survey shall be conducted within the proposed development area by a qualified biologist. The qualified biologist shall assess the habitat suitability of the proposed development area for all special-status species and sensitive natural communities with the potential to occur in the subject area. The biologist shall include a letter or report with the permit application documenting whether special-status species and/or sensitive habitats are present or have the potential to occur within or adjacent to the proposed development area. If special-status species or sensitive habitats are present, the environmentally sensitive habitat area (ESHA) shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.
tent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.
55.4.12.1.10.2 Special-Status Amphibians (FEIR Mitigation Measure 3.4-1b). If special-status amphibians are detected during the initial biological reconnaissance survey, or during the preconstruction survey, or are determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive amphibian habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable habitat for special-status amphibians is present within the proposed development area, a qualified biologist familiar with the life cycle of regionally occurring special-status amphibians shall conduct seasonally appropriate preconstruction surveys for the applicable amphibian life stages (i.e., eggs, larvae, adults) no more than forty-eight (48) hours prior to commencement of development within the proposed development area plus a four hundred (400) foot buffer area around the proposed development area.
55.4.12.1.10.3 Western Pond Turtle (FEIR Mitigation Measure 3.4-1c). If western pond turtle is detected during the initial biological reconnaissance survey, or during the preconstruction survey, or is determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive western pond turtle habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.
biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.
55.4.12.1.10.4 Nesting Raptors (FEIR Mitigation Measure 3.4-1d). To avoid impacts to nesting raptors, tree removal activities shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with CDFW, that there is no active nest present in the tree. Prior to ground-disturbing activities between February 1st and August 31st, a qualified biologist shall conduct preconstruction surveys for nesting raptors and shall identify active nests within five hundred (500) feet of the proposed development area. Surveys shall be conducted between February 1st and August 31st. To avoid impacts to nesting raptors, appropriate no-disturbance buffers around active nests shall be established, in consultation with CDFW, that will protect sensitive nesting raptor habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Buffer areas shall be delineated with construction fencing, and no activity shall occur within the buffer areas until a qualified biologist has determined, in consultation with CDFW, that the young have fledged, the nest is no longer active, or reducing the buffer would not likely result in nest abandonment. Monitoring of the nest by a qualified biologist during and after construction activities shall be required if the activity has the potential to adversely
affect the nest. In no case shall nests or nest trees of bald eagles or golden eagles be removed (both active and nonactive eagle nests shall be protected).
55.4.12.1.10.5 Northern Spotted Owl (FEIR Mitigation Measure 3.4-1e). If the biological reconnaissance survey determines that suitable habitat for northern spotted owl (NSO) is present within or adjacent to the area of proposed development, or if the project site is within 1.3 miles (average species home range) of a known occurrence of NSO, as determined by a qualified biologist, the following measures shall be implemented to avoid disturbance to sensitive NSO habitat areas. Prior to removal of any trees or prior to grounddisturbing activities adjacent to or within suitable NSO nesting, roosting, or foraging habitat (e.g., forest clearings), a qualified biologist familiar with the life history of NSO shall conduct preconstruction surveys for nests within a 1.3-mile buffer around the site according to agency-approved protocols. Surveys shall be conducted between March 1st and August 31st, with three (3) complete surveys spaced at least seven (7) days apart to be completed by June 30th and a total of six (6) complete surveys over the course of two (2) years completed to determine presence or absence of NSO. If NSO(s) is determined to be present within 1.3 miles of the site, - proposed cultivation activities shall not be permitted. See also Section 313 55.4.12.6 (Performance Standard for Noise).
55.4.12.1.10.6 Special-Status Nesting Birds (FEIR Mitigation Measure 3.4-1f). To minimize the potential for disturbance to bank swallow, little willow flycatcher, tricolored blackbird, western snowy plover, western yellow-billed cuckoo, and other special-status nesting bird habitat areas, vegetation removal shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with USFWS and/or CDFW, that there is no active nest present in the area. Preconstruction surveys shall occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.
l occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.
55.4.12.1.10.7 Marbled Murrelet (FEIR Mitigation Measure 3.4-1g). If the biological reconnaissance survey determines that suitable habitat for marbled murrelet is present within or adjacent to the area of proposed new development, preconstruction surveys for marbled murrelet shall be conducted by a qualified biologist familiar with the life history of the marbled murrelet. Preconstruction surveys shall be conducted for nests within a one-quarter (0.25) mile buffer area around the project site according to agency-approved protocols. Surveys shall be conducted between April 15th and August 5th. If marbled murrelet is determined to be present, a onequarter (0.25) mile no-disturbance buffer area shall be established around the sensitive habitat area until the end of the marbled murrelet breeding season (until August 6th). No equipment or activities shall occur within the no-disturbance buffer. See also Section - 313 55.4.12.6 (Performance Standard for Noise).
55.4.12.1.10.8 American Badger (FEIR Mitigation Measure 3.4-1i). If the biological reconnaissance survey determines that suitable habitat for American badger is present within or adjacent to the area of proposed new development, then no more than thirty (30) days prior to commencement of construction a qualified biologist shall conduct preconstruction surveys of suitable badger burrow/den habitat areas to identify the presence of any badger burrows/dens. If occupied burrows/dens are found, sensitive badger habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.
ted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.
55.4.12.1.10.9 Fisher and Humboldt Marten (FEIR Mitigation Measures 3.4-1j and 3.4-6b). If the biological reconnaissance survey determines that suitable habitat for fisher and/or Humboldt marten is present within or adjacent to the area of proposed development, then prior to commencement of construction and during the denning season of March 1st to July 31st a qualified biologist shall conduct preconstruction surveys of all suitable habitats to identify potential dens as well as any sightings of individual fishers or martens. If there are individual sightings or if potential dens are found, sensitive fisher and/or marten habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with USFWS and CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with USFWS and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.
S and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.
55.4.12.1.10.10 Special-Status Bats (FEIR Mitigation Measure 3.4-1k). If the biological reconnaissance survey determines that suitable hibernation and/or maternal roosting habitat for special-status bat species is present within or adjacent to the area of proposed new development, then prior to commencement of construction and during the appropriate roosting season(s) a qualified biologist shall conduct preconstruction surveys of all suitable roosting habitat areas. If occupied bat roosts are found, sensitive bat roosting areas shall be protected from significant disruption of habitat values consistent with local coastal land use plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until roosting activities are complete, as determined by a qualified biologist in consultation with CDFW. For pallid bats and Townsend’s big-eared bats, the minimum size of the no-disturbance buffer area shall be four hundred (400) feet, and mitigation shall be required for impacts to nonoccupied roosting habitat of these bat species. A mitigation plan for any permitted disturbance to nonoccupied pallid and/or Townsend’s big-eared bat roosting habitat shall be developed in consultation with CDFW and shall be required to be implemented as a condition of permit approval.
55.4.12.1.10.11 Special-Status Voles (FEIR Mitigation Measure 3.4-1l). If the biological reconnaissance survey determines that suitable nesting habitat for Sonoma tree vole and/or white-footed vole is present within or adjacent to the area of proposed development, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.
elopment, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.
55.4.12.1.10.12 Special-Status Plants (FEIR Mitigation Measure 3.4-3a). During the blooming period(s) for the special-status plant species with the potential to occur in areas of proposed cannabis activities, as determined during the biological reconnaissance survey, a qualified botanist shall conduct protocol-level surveys for special-status plants and shall include survey results as part of the permit application. If special-status plants are found, sensitive plant habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
55.4.12.1.10.13 Sensitive Natural Communities (FEIR Mitigation Measure 3.4-4). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact sensitive natural communities, including, but not limited to, riparian areas; old-growth forests; oak woodlands; fish-bearing streams; coastal wetlands; northern foredune grasslands; and coastal terrace prairie. If sensitive natural communities are present, the sensitive areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
55.4.12.1.10.14 Coastal Waters and Wetlands (FEIR mitigation measure 3.4-5). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact coastal wetlands, streams, rivers, creeks, or natural drainage courses. If sensitive wetlands, waters, or drainage courses are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
s are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
During provisional permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required to evaluate conformity with local coastal program policies and standards in consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to relocate to outside of the northern spotted owl activity area.
55.4.12.1.11 Performance Standard for Hazardous Material Site Assessments and Contingency Plans (FEIR Mitigation Measures 3.7-2a and 3.7-2b). Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I Environmental Site Assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
l risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
55.4.12.1.11.1Where (a) contamination at the project site has been verified, or (b) new ground disturbance is proposed on a property previously developed with an industrial or heavy commercial use, a hazardous materials contingency plan shall be submitted for County review and approval during permit review, in consultation with Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control, as applicable. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance. The plan shall describe the necessary actions that would be taken if evidence of contaminated soil or groundwater is encountered during construction. The contingency plan shall identify conditions that could indicate potential hazardous materials contamination, including soil discoloration, petroleum or chemical odors, and presence of USTs or buried building material. The plan shall include the provision that if, at any time during constructing the project, evidence of soil and/or groundwater contamination with hazardous material is encountered, construction shall immediately cease and the County shall be contacted per Section 31355.4.12.1.11.3.
55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.
55.4.12.1.11.3If at any time during construction evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
55.4.12.1.12 Performance Standard for Stormwater Management (FEIR Mitigation Measure 3.8-4). Projects shall include a plan detailing stormwater management for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain or improve preproject drainage conditions, and in particular that there will be no net increase in the volume of stormwater runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.
55.4.12.1.13 Performance Standard for Management of Waste and Hazardous Materials (FEIR Mitigation Measure 3.13-1a).
55.4.12.1.13.1All projects shall include a materials management plan (MMP) for proper disposal of project-related waste at legally authorized disposal sites. Examples include solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.). The MMP shall include a detailed description of activities and processes occurring on site and the type and quantity of items produced. The MMP shall be submitted to the County Division of Environmental Health (DEH) and public agencies or private enterprises accepting waste materials. Commercial cannabis permits shall not be granted without approval of the MMP relevant agencies.
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a hazardous materials management plan (HMMP) which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.
ciated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.
55.4.12.1.14 Performance Standard for Protection of Historical Resources (FEIR Mitigation Measure 3.5-1). Projects proposing the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s Professional Qualification Standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.
55.4.12.1.15 Performance Standard for Inadvertent Discovery of Archaeological and Paleontological Resources (FEIR Mitigation Measures 3.5-2 and 3.6-5).
55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate Tribal Historic Preservation Officer(s), are to be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.
55.4.12.2 Additional Miscellaneous Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
General Standards Applicable to All Commercial Cannabis Activities
55.4.12.2.1All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).
55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies; provided, that all water quality protection requirements of the local coastal area plan are met.
55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.
Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.
55.4.12.2.4All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.
Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.
55.4.12.2.5Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as: “a sudden, unexpected occurrence demanding immediate action.”
55.4.12.2.6Provide and maintain an approved means of sewage disposal that meets the required standards of the County Division of Environmental Health and/or the Regional Water Quality Control Board, as applicable.
55.4.12.2.7All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday. (FEIR mitigation measure 3.10-1)
55.4.12.3(Reserved for Future Use)
55.4.12.4 Performance Standard for Light Pollution Control. ¶
55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded (e.g., with tarps) so that no light escapes between sunset and sunrise.
55.4.12.4.2Any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.
55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 313-55.4.5.3.
55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:
55.4.12.5.1Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2On-site renewable energy system with up to twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed by the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
55.4.12.6 Performance Standard for Noise at Cultivation Sites (FEIR Mitigation Measure 3.4-1h). Noise from cultivation and related activities shall not result in an increase of more than three (3) decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three (3) or more property lines when all cannabis related activities are not in operation. Project-generated sound must not exceed ambient nesting conditions by twenty (20) to twenty-five (25) decibels. Project-generated sound, when added to existing ambient conditions, must not exceed ninety (90) decibels.
55.4.12.6.1Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at
a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result. Marbled murrelet and northern spotted owl are most active during dawn and dusk. Within approximately two (2) hours of sunrise and sunset, ambient sound levels are lower than during the middle of the day (by approximately five (5) to ten (10) decibels). This will be accounted for when determining impacts of project-generated sound.
55.4.12.6.2The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.2.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.2.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.2.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.2.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.
55.4.12.7 Performance Standards for Cannabis Irrigation. In addition to the requirements of Section 313-55.4.6.3.2 that irrigation shall exclusively utilize stored water from nondiversionary sources, or water from a public or private water supplier (if adequate capacity exists for irrigation use, as determined by the public or private water supplier), all cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
Documentation of Current and Projected Water Use
55.4.12.7.1All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff. At a minimum, the following items shall be included:
55.4.12.7.1.1Information identifying the cultivation season(s).
55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.
55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, if applicable, showing volume in gallons.
55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.
Metering and Recordkeeping
55.4.12.7.2A metering device shall be installed and maintained on all locations of water withdrawal (including wells). The meter shall be located at or near the point of withdrawal.
55.4.12.7.3A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.4Operators shall maintain a weekly record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.
55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:
Existing Ponds and Reservoirs
55.4.12.8.1To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.
55.4.12.8.2Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from or outlets to a nearby stream or wetland.
55.4.12.8.3Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.4All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions
for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting timeframes.
Bladders and Above-Ground Pools, and Similar Vessels
55.4.12.8.5Use of bladders, above-ground pools, and similar vessels is prohibited. Where a provisional cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.
Tanks Located in Designated Flood Zones
- 55.4.12.8.6Tanks shall be sited consistent with the setbacks requirements of Section 313 55.4.5.1.3 at least one (1) foot above the base flood elevation or wet flood proofed and anchored.
55.4.12.9 Performance Standard for Wells on Small Parcels (FEIR Mitigation Measure 3.8-3). Cultivation site(s) located on lot sizes of forty (40) acres or smaller, where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. A coastal development permit shall be required for new test wells. These tests shall be conducted by a qualified professional and preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring. As part of the annual inspection process, cultivation operators shall provide the County with groundwater monitoring data for on-site well facilities that documents well production and changes in groundwater levels during each month of the year. Should this monitoring data identify potential drawdown impacts to adjacent well(s) and indicate a connection to operation of the on-site wells, the cultivation operators, in conjunction with the County, shall develop adaptive management measures to allow for recovery of groundwater levels. Adaptive management measures may include forbearance, water conservation measures, reductions in on-site cannabis cultivation, alteration of the groundwater pumping schedule, or other measures determined appropriate. Adaptive management measures that involve development shall require CDP authorization. Adaptive management measures shall remain in place until groundwater levels have recovered to preproject conditions based on annual monitoring data provided to the County as part of subsequent annual inspections. In addition, as required by Section 31355.4.6.4.4.1.9, proposed new agricultural wells shall observe all prescribed setbacks and limitations pertaining to the use of land adjacent to ESHA, including, but not limited to, wetlands and streams.
55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.
55.4.12.11 Existing Site Reconfiguration. ¶
55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration can be permitted consistent with the certified local coastal land use plan of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.
55.4.12.11.2A biological resource protection plan must also be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within the environmentally sensitive habitat area.
55.4.12.11.3Preexisting cultivation areas to be relocated must be restored to predisturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.
55.4.12.11.5All relocated road segments must be fully decommissioned and restored to predisturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.6All remediation activities shall be performed in accordance with the remediation performance standard (Section 31355.4.12.13).
55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.
55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.
55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.
55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).
See also the performance standards of Section 313-55.4.12.1.11, which also apply to some industrial and commercial properties.
55.4.12.13 Performance Standard for Remediation Activities. In addition to the requirements of Section 313-55.4.6.6, all remediation activities shall restore the site to predevelopment conditions to the maximum extent feasible. A mitigation and monitoring plan shall be submitted subject to review and approval of the Hearing Officer. The plan shall address prevention of damage to soil, plant and animal life, and surface and subsurface water supplies, and shall include standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations. Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1Public visitation may be permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts when meeting the requirements of this section.
55.4.12.14.2Public visitation may be permitted with a special permit and coastal development permit at sites located within those zones listed under Section 313-55.4.6.1.1 (AE and RA) when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 313-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.
55.4.12.14.3Visitation by the general public may include tours and tour groups, cannabis bed and breakfasts, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a coastal development permit and conditional use permit pursuant to Section 313-62.1.
55.4.12.14.4The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.4.1Sites located in those zones specified in Section 313-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. and 6:00 p.m.
55.4.12.14.4.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.4.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).
55.4.12.14.4.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.4.5 Road System and Driveways. ¶
55.4.12.14.4.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.12.14.4.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.4.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.
55.4.12.14.4.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.
55.4.12.14.4.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.4.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
55.4.12.14.4.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.4.6 Parking.
55.4.12.14.4.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.4.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.
55.4.12.15 Performance Standards for Tour Operators and Tour Sites. Tour Operators ¶
Tour operators shall comply with all of the following measures:
55.4.12.15.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.
55.4.12.15.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.
55.4.12.15.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
Tour Site Eligibility Criteria
Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.5The site(s) conform with the public accommodation performance standard.
55.4.12.15.6Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Plant Species Control (FEIR Mitigation Measure 3.4-3b). It is the responsibility of a certificate or permit holder to work to eradicate invasive plant species classified as invasive by the California Invasive Plant Council. As part of any application, the existence of invasive species on the project parcel shall be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. All required permits for invasive species removal shall be obtained prior to invasive species removal activities. Vegetation spoils shall be properly disposed of at a legally authorized landfill site to avoid further spread of invasive species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required as part of the annual permit renewal for commercial cannabis activities if invasive species remain or are found to have returned. Heavy equipment and other machinery used for commercial cannabis activities shall be inspected for the presence of invasive species prior to on-site use and shall be cleaned prior to entering the site to reduce the risk of introducing invasive plant species to the site.
55.4.12.17 Performance Standard for Visual Resources Protection. All development associated with a commercial cannabis operation shall comply with all applicable policies of the local coastal area plan for the protection of public visual resources. In addition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.
ddition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.
55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:
55.4.13.1Cultivation area of three thousand (3,000) square feet or less.
55.4.13.2
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic ce
Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
rtification standards or the substantial equivalent.
55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 313-43.2, “Right to Farm Ordinance,” said statement shall include information describing the possibility of commercial cultivation of cannabis.
55.5 INDUSTRIAL HEMP LAND USE REGULATIONS ¶
55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the coastal area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.
55.5.2 Applicability and Interpretation.
55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.
55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and, to this end, the provisions or application of this section are severable.
55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis. State Food and Agricultural Code Sections 81000 through 81015 require registered industrial hemp sites be a minimum one-tenth (0.1) acre for entities other than seed breeders or established agricultural research institutions.
55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions,” as defined in State Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2468, Section 1, 12/13/2011; Ord. 2634, § 2, 7/23/2019; Ord. 2638, §§ 2, 3, 2/4/2020; Ord. 2639, § 2, 2/4/2020; Ord. 2666, § 2, 2/9/2021; Ord. 2733, § 8, 3/5/2024)
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55.1 INDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE ¶
55.1.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.1 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Indoor Cultivation.”
55.1.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Indoor Cultivation (“this Code”) is to regulate the cultivation of cannabis for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany cannabis cultivation.
Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.
55.1.3 Applicability and Interpretation. ¶
55.1.3.1The indoor cultivation and processing of cannabis for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.
55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws.
55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.
55.1.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.1.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code. Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable State and County laws.
55.1.7 Definitions. ¶
Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Detached Accessory Building – Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Indoor Cultivation of Cannabis for Personal Use: cultivation and processing of cannabis for personal use indoors in a residence or detached accessory structure. The cultivation area may not exceed fifty (50) square feet or ten (10) feet in height. No more than six (6) cannabis plants may be cultivated for personal use in any residence or detached accessory structure at any time. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
55.1.8 Indoor Cultivation for Personal Use. The County shall not interfere with indoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Cultivation of cannabis for personal use in a residence shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Cannabis cultivation in detached accessory buildings shall not exceed six (6) plants, fifty (50) square feet of canopy area or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.3A total of fifty (50) square feet of indoor cannabis cultivation for personal use, which does not exceed six (6) plants or ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than six (6) plants, fifty (50) square feet or more than ten (10) feet in height of cannabis cultivation area per residence on the parcel, regardless of the number of persons residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The cannabis cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, and secured against unauthorized entry; and
55.1.8.5Grow lights for cannabis cultivation for personal use in a residence or a detached accessory building shall not exceed one thousand two hundred (1,200) watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of cannabis in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the indoor cultivation of cannabis for personal use is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor cannabis cultivation or processing in a residence or a detached accessory building is prohibited; and
55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of cannabis in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
55.1.8.9On parcels that contain more than one (1) residence, no odor of cannabis shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one (1) residence, no odor of cannabis shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the cannabis cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of cannabis from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and
55.1.8.10From a public right-of-way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor cannabis at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Cannabis cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a cottage industry or a home occupation, and are not eligible for an address of convenience; and
55.1.8.12No sale, trading, or dispensing of cannabis is allowed on a parcel where indoor cultivation of cannabis for personal use occurs; and
55.1.8.13No person may cultivate cannabis for his or her personal use in more than one (1) residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where cannabis is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for cannabis cultivation; and
55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor cultivation of cannabis for personal use; and
55.1.8.16The indoor cultivation of cannabis for personal use shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
55.1.8.17Indoor cultivation of cannabis for personal use must comply with all applicable State and County laws, including fire and building codes.
55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.
55.1.8.19Outdoor cultivation, as described in Section 313-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein.
55.2 OUTDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE ¶
55.2.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.2 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Outdoor Cultivation.”
55.2.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Outdoor Cultivation (“this Code”) is to establish reasonable regulations governing the outdoor cultivation of cannabis for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor cannabis cultivation.
Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.
55.2.3 Applicability and Interpretation. ¶
55.2.3.1The outdoor cultivation and processing of cannabis for personal use within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.
55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt, any outdoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws. If outdoor cultivation of cannabis for personal use involves development as defined under Section 30106 of the Coastal Act, pursuant to Section 312-3.1.4 a coastal development permit must be secured, unless the development is exempted or excluded under the California Public Resources Code (Section 30000, and following) or the California Code of Regulations.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.
55.2.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Acre: means forty-three thousand five hundred sixty (43,560) square feet. See also the definition of “Lot Size” found under Section 313-147.
Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Canopy: means the area, in square feet, of vegetative growth, of a cannabis plant including starts.
Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Outdoor Cultivation of Cannabis for Personal Use: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more cannabis plants, or any part thereof, in any outdoor location. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.
Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this section.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, Section 1238, to receive school buses, as defined in California Vehicle Code Section 233, or school pupil activity buses, as defined in Vehicle Code Section 546.
Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.
55.2.7 Outdoor Cultivation for Personal Use. The County shall not interfere with outdoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, all outdoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:
55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 313-147.
55.2.7.2Cultivation of cannabis outdoors for personal use is allowed as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:
55.2.7.2.1On parcels one (1) acre or smaller in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of the cannabis cultivated outdoors does not exceed one hundred (100) square feet in size, and no part of the cultivation area occurs within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of cannabis cultivated outdoors does not exceed two hundred (200) square feet in size, no part of the cultivation area occurs within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
55.2.7.2.3No outdoor cultivation for personal use may occur within six hundred (600) feet of any school, school bus stop, public park, place of religious worship, or traditional Native American cultural site, so long as these uses existed prior to the outdoor cultivation of cannabis in compliance with this Code; and
55.2.7.2.4Indoor cannabis cultivation for personal use may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5No person may cultivate cannabis for his or her personal use in more than one (1) residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and
55.2.7.2.6Cultivation within a greenhouse or “hoophouse” for personal use shall be deemed outdoor cultivation subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks; and
55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor cultivation of cannabis for personal use; and
55.2.7.2.8The outdoor cultivation of cannabis shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of cannabis pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a lake and streambed alteration agreement is necessary. If such an agreement is required, the water use must comply with all of its terms.
55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of cannabis for personal use may only be done by a person who occupies a permitted residence located on the same property that is host to the cultivation activities. If the person cultivating cannabis outdoors for personal use is not the owner of the property, they must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent, specifically approving the outdoor cultivation on the property.
55.2.8 Enforcement. ¶
55.2.8.1Any violation of this section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law. Development that exceeds the minimum necessary to abate the public nuisance requires a Coastal Development Permit.
55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship:
55.2.9.1 Low Odor Strains. To alleviate the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.
55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.
55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.
55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near cannabis or the area where cannabis is being cultivated. Grow, process, and store cannabis in as “organic” and safe a fashion as possible to reduce potential adverse effects during use.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices – Northern California Farmer’s Guide.
55.3 MEDICAL CANNABIS DISPENSARIES ¶
55.3.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.3 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the Cannabis Land Use Code for Medical Dispensaries. This section applies to all cannabis dispensaries, as defined in this Code, that are located in the Coastal Zone.
55.3.2 Purpose and Intent. The purpose of this section is to minimize the negative land use impacts that can be associated with the dispensing of cannabis by a dispensary, as defined herein.
55.3.3 Applicability and Interpretation. ¶
55.3.3.1These regulations shall apply to the locating and permitting of cannabis dispensaries in zoning districts which authorize this use, as specified under Section 313-55.3.8.2.
55.3.3.2The distribution of cannabis by cannabis dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.
55.3.3.3Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, and any applicable State laws.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt cannabis dispensaries, as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis dispensaries.
55.3.3.6The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Section 313-135 et seq. and Section 111-1 et seq. may also apply to this Code.
55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for cannabis dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of cannabis dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of cannabis.
55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws.
55.3.7 Definitions. Except as otherwise provided, when used in this Code, the following terms shall have the following meanings:
Cannabis: means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.
Cannabis Delivery Service: a cannabis dispensary, as defined herein, that delivers cannabis to persons from a “store-front” base of operations located in a commercial or industrial zone within the unincorporated area of Humboldt County. A cannabis delivery service shall not be operated from a residential-zoned parcel and is not eligible for an address of convenience.
Cannabis Dispensary: a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of retail sale. This does not include Cannabis Research Laboratories and Testing Facilities, and Cannabis Business Offices, as described under Sections 313-55.3.13 and 313-55.4.
Church: a nonprofit organization that operates exclusively for religious purposes and is an organization as described in Section 501(c) (3) of the Internal Revenue Tax Code, as amended. For purposes of this Code, “church” includes a church, synagogue, temple, mosque, or other place of worship and related church property, such as a school or a youth camp.
Dispensing: any activity involving the retail sale of cannabis or cannabis products from a dispensary.
Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.
Place Where Children Congregate: may include, but is not limited to, a school bus stop, park, playground, a school as defined herein, tutoring facility, or any establishment that either advertises in a manner that identifies it as providing services primarily intended for minors or the individuals who regularly patronize, congregate, or assemble at the establishment are primarily minors.
Residential Treatment Facility: a facility, whether residential or nonresidential, providing treatment for drug or alcohol dependency.
School: public or private institution of learning for minors offering a regular course of instruction as required by the California Education Code, or any child or day care facility licensed by the State of California. This includes a nursery school, kindergarten, Head Start program, elementary school, middle school, high school, continuation or vocational school for minors, or any special institute of education, but it does not include a vocational or professional institution of higher education primarily intended for students over eighteen (18), such as a community or junior college, college, or university.
55.3.8 General Provisions. This section applies to all cannabis dispensaries, as defined in this Code.
55.3.8.1All cannabis dispensaries shall operate in compliance with this Code, and all other applicable State and local laws.
55.3.8.2Cannabis dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit and coastal development permit, issued pursuant to Section 312-3.1. Zoning districts where a dispensary may be located are CN, CG, MB, and ML. Dispensaries may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.
55.3.8.3The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a coastal development permit and a conditional use permit from the County of Humboldt to operate a dispensary within the jurisdiction of the County.
55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure public safety and to ensure the security of the cannabis.
55.3.9 Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, and in addition to the requirements applicable to adult use retail sales of cannabis in Section 313-55.4, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a cannabis dispensary:
55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
55.3.9.2The Planning Commission shall specifically regulate the location of cannabis dispensaries by considering the potential impacts and cumulative impacts of proposed cannabis dispensaries to the community area as a whole and specifically on the following existing uses located within a six hundred (600) foot radius of a proposed dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit or a coastal development permit for any proposed cannabis dispensary within six hundred (600) feet of the following uses if the Commission determines that the impacts of a proposed dispensary have the potential to be significant on the following uses:
55.3.9.2.1Residential neighborhoods and their inhabitants;
55.3.9.2.2Church, as defined herein;
55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
55.3.9.2.4Residential treatment facilities, as defined herein; and
55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a six hundred (600) foot radius of the proposed new facility.
55.3.9.3No cannabis dispensaries, operators, establishments, or providers who possess, cultivate, or distribute cannabis shall be located within a six hundred (600) foot radius of a school. This distance shall be measured in a straight line from the property line of the school to the property line of the cannabis dispensing facility, operator, establishment, or provider.
55.3.9.4Submission of an operations manual and compliance with the operating standards, pursuant to Sections 55.3.10 and 55.3.11.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit or a coastal development permit, cannabis dispensaries shall submit to the Planning Commission an operations manual which provides for the following:
55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit and coastal development permit applications, the operations manual, and the operating standards at any time before or after the conditional use permit and coastal development permit are issued; and
55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and
55.3.10.3The hours and days of the week when the dispensary will be open; and
55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a six hundred (600) foot radius; and
55.3.10.5A description of the security measures located on the premises, including but not limited to lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients; and
55.3.10.6A description of the screening process and procedures for clients; and
55.3.10.7A description of client records acquisition and retention procedures and policies; and
55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of cannabis that come in and go out of the dispensary; and
55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and
55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and
55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all cannabis distributed; and
55.3.10.12The procedure and documentation process for determining dosage, including any testing for the major active agents in cannabis offered to clients, such as cannabinoids tetrahydrocannabinol (THC), cannabidiol (CBD), and cannabinol (CBN); and
55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and
55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their operations manual as approved by the Planning Commission. Any deviations from or changes in the operations manual must be submitted to the Planning and Building Department for review for conformance with the approved permit. No changes in the operations manual are allowed unless authorized in writing by the Planning and Building Department.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, cannabis dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Cannabis delivery services shall only operate from a “store-front” dispensary in a commercial or industrial zone with an approved conditional use permit and coastal development permit; and
55.3.11.2Cannabis dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and
55.3.11.3No dispensing of cannabis to an individual shall be permitted more than twice a day; and
55.3.11.4The hours of operation of cannabis dispensaries shall be no earlier than 10:00 a.m. and no later than 7:00 p.m.; and
55.3.11.5Cannabis Dispensaries shall only provide cannabis to an individual over the age of twenty-one (21) or qualified patients or caregivers as defined in Health and Safety Code Section 11357 et seq.; and
55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the dispensary. A copy of the client rules and/or regulations shall be provided to clients by a cannabis delivery service; and
55.3.11.7Each building entrance to a cannabis dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
55.3.11.8No cannabis dispensary or delivery service shall provide cannabis to any qualified patient who is under eighteen (18) unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of cannabis; and
55.3.11.9All cannabis dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
55.3.11.10All cannabis dispensed by dispensaries must be obtained in accordance with applicable State and local laws; and
55.3.11.11All signs for cannabis dispensaries must comply with Sections 313-87.3 and 314-87.2; and
55.3.11.12An up-to-date inventory of all hazardous materials stored and used on site shall be maintained on the premises of the cannabis dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.13Cannabis dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
55.3.11.14Cannabis dispensaries shall comply with any and all conditions of their conditional use permit and coastal development permit.
55.3.12 Permit Revocation and Transfer. ¶
55.3.12.1A conditional use permit and coastal development permit shall be revoked or modified according to Section 312-14 (Revocation Procedures). Permit revocation or modification shall be sought for noncompliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.
55.3.12.2Conditional use permits and coastal development permits to operate a cannabis dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.13 Cannabis Business Offices. Business offices for cannabis dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code.
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE… ¶
55.4.1 Authority and Title. This section (hereafter all references to “this section” means Section 313-55.4 et seq. of the Humboldt County certified coastal zoning regulations) shall be known as the Coastal Commercial Cannabis Land Use Ordinance (“CCCLUO”), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Coastal Zone Area of the County of Humboldt.
55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment and increases public awareness and community health and safety, while creating a clear and attainable path for operators to follow and authorities to enforce, and while protecting coastal resources consistent with the California Coastal Act, Public Resources Code Section 30000 et seq., as part of the County of Humboldt’s Local Coastal Program.
These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twentyone (21) years of age or older.
55.4.3 Applicability and Interpretation. ¶
55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. This section is not intended to supersede the provisions of Section 313-55.1 or 313-55.2, excepting Sections 313-55.4.3.6, 313-55.4.3.7, and 313-55.4.10.1.
55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area coastal development permit regulations as well as other applicable provisions of the County Code.
55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.
55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 313-135 et seq. may also apply to this section.
55.4.3.5A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCCLUO for any commercial cannabis activity regulated by this section, or Section 313-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.
55.4.3.6Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”
55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.
55.4.3.8The commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the General Agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, coastal development permit or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.9Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any other zoning district other than those zoning districts where it is expressly permitted.
55.4.3.10The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, coastal development permit or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.11No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, coastal development permit or use permit required under this section.
55.4.3.12 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.4.4 Definitions. ¶
“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.
“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.
“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.
“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
“Captured rainfall” means rainwater catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.
“Category 4 Roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Appendix to Title III, Division 2.
“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.
“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.
“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.
“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”
“Cultivation site” means the location or a facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
“Dispensary” is a facility where commercial cannabis, commercial cannabis products, or devices for the use of commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers commercial cannabis and commercial cannabis products as part of retail sale.
“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.
“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from above ground irrigation.
“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light or indoor.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.
“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.
“FEIR” means the Final Environmental Impact Report for the CCCLUO certified by the County on May 8, 2018, under Resolution No. 18-40 for the amendments to the zoning regulations, known as the CCCLUO, prepared in compliance with the California Environmental Quality Act (CEQA), which includes mitigation and implementation measures and a Mitigation Monitoring and Reporting Plan to mitigate or avoid significant effects on the environment.
“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.
“Forbearance period” means the calendar days during which water may not be diverted from a waterbody or extracted from a well. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.
“Greenhouse” means an agricultural accessory structure typically constructed with transparent or translucent panels used for indoor, outdoor, or mixed-light commercial cannabis cultivation.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.
“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.
“Irrigation” means use of water by any commercial cannabis cultivation activity.
“Licensee” means a person issued a State license to engage in commercial cannabis activity.
“Local water source” means water withdrawal from a waterbody occurring on the same parcel(s) or premises, or in their vicinity.
“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.
“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than ten thousand (10,000) square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.
“Nondiversionary water source” means not involving the withdrawal of water from a waterbody.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a lawfully permitted conversion of timberland, conducted prior to January 1, 2016. For purposes of this section, nonforested areas refer to those lands with a land use designation other than coastal commercial timberland (TC).
“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.
“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.
“Outdoor” means cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 313-147.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.
ration, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.
“Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or entity holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument, shall not be considered a “person” for purposes of this section.
“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, and which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence, as potentially eligible for provisional permitting pursuant to this section. The maximum cultivation area that may be recognized for the purpose of provisional permitting of an unauthorized preexisting cultivation site is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above up to the maximum allowed pursuant to this section, whichever is smaller.
“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.
“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.
“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.
“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”
“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community services districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic. “Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.
“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.
“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from a one hundred percent (100%) renewable source.
“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in
concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. “Retailer” shall include medical cannabis dispensaries, as defined in and regulated by Section 313-55.3.
“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.
“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.
“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.
“Slope” means natural grade as defined in Section 313-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to Business and Professions Code Section 26000 et seq.
“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.
“Timberland” means land which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.
“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the Tribal Council or equivalent body.
“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by non-tribal members.
“Waterbody” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Waterbody” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.
55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits.
55.4.5.1 Special Area Provisions. In addition to the permit application requirements of Section 313-55.4.11, permit applications for commercial cannabis activities shall demonstrate compliance with special area provisions of Sections 313-55.4.5.1.1 through 31355.4.5.1.3 and all applicable performance standards of Section 313-55.4.12 et seq.
55.4.5.1.1No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3Notwithstanding any other provision of the certified LCP, no commercial cannabis activity shall be permitted within one - hundred (100) feet, at a minimum, of environmentally sensitive habitat area (ESHA), as defined in Section 313 143 (“Habitat Areas, Environmentally Sensitive”), or wetland, as defined in Section 313-158. In some cases, local coastal land use plans may require setbacks from wetlands and riparian areas to be greater than one hundred (100) feet. In addition, the buffer requirements of the - biological resources protections performance standard (Section 313 55.4.12.1.10) shall apply to all commercial cannabis activity.
55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.
55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): McKinleyville, Shelter Cove, and Trinidad-Westhaven. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the identified community planning areas (CPAs). For purposes of determining the Trinidad Planning Area, the Trinidad General Plan shall be utilized.
55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 313-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.
The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.
55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their Tribal Historic Preservation Officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).
55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, coastal development permit or use permit for commercial cannabis activity, as defined herein, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.
55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.
Any violation of this section, including but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of Title III. Development that exceeds the minimum necessary to abate the public nuisance requires a coastal development permit.
Whenever permit applicants seeking permits for commercial activities initiate operations ahead of permit issuance, or preexisting cultivation site operators seeking provisional permits expand cultivation operations ahead of permit issuance, the Director shall have discretion to:
55.4.5.3.1Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;
55.4.5.3.2Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings;
55.4.5.3.3Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person within the County of Humboldt. For purposes of this limitation, any natural person who owns or controls any interest, directly or indirectly, in a firm, partnership, joint venture, association, cooperative, collective, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit shall be collectively considered a single person with those entities. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 313-55.4.6.1.2.1.
55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to ten thousand (10,000) square feet may be permitted on a parcel).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Authorization for any commercial cannabis activity zoning clearance certificate, special permit, coastal development permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
evelopment permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
55.4.5.7 Annual Inspections. Annual compliance inspections are required, pursuant to Section 313-55.4.5.6. If the inspector or other County official determines that the site does not comply with the conditions of approval, the inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed.
Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed timeframes, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, coastal development permit or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.
55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.
55.4.5.8.2The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.
55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.
55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries may be permitted with a coastal development permit and special permit, use permit, or zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified; provided, that processing, drying, product grading, curing or trimming may only be conducted within lawfully constructed nonresidential structures that were in existence on January 1, 2016:
55.4.6.1 Eligibility Criteria – Agricultural and Rural Residential-Agricultural Areas.
55.4.6.1.1Zoning AE and RA.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area. The minimum parcel size for commercial outdoor and mixed-light cultivation of cannabis in the Coastal Zone in the AE and RA Zones is twenty (20) acres, except for the exceptions provided in Sections 313-55.4.6.1.2.2 and 313-55.4.6.1.2.3.
55.4.6.1.2.1 Allowed Cultivation Area in the AE and RA Zones, Except on Lands With an Agriculture Exclusive/Grazing Plan Designation.
55.4.6.1.2.1.1Up to ten thousand (10,000) square feet of cultivation area with a special permit and coastal development permit;
55.4.6.1.2.1.2Greater than ten thousand (10,000) square feet to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a use permit and coastal development permit on any parcel less than three hundred twenty (320) acres in size, including a combination of separately permitted activities including those permitted pursuant to Section 313-55.4.6.5.7.2.
Exception to the one (1) acre maximum: On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit and coastal development permit, up to a maximum of eight (8) acres. All cultivation area must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions to the road standard may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.
55.4.6.1.2.2 On Parcels With an Agricultural Exclusive/Grazing Plan Designation. No outdoor cultivation or greenhouses are allowed in the AE Zone on lands with an agricultural exclusive/grazing plan designation (AEG). Outdoor or mixed-light cultivation may only be permitted within lawfully constructed nonresidential structures existing prior to January 1, 2016, with a zoning clearance certificate and coastal development permit.
55.4.6.1.2.3 Maximum Greenhouse Coverage Allowed in the AE and RA Zones for Existing Greenhouses. With a zoning clearance certificate and coastal development permit, up to one (1) acre of cultivation area may be authorized within existing commercial greenhouse structures. Additionally, cultivation area in excess of one (1) acre may be authorized within existing commercial greenhouse structures with a use permit and coastal development permit. In no case shall the total cultivation area within existing commercial greenhouse structures in the AE Zone on lands with prime agricultural soils exceed twenty percent (20%) of the area of the parcel. The greenhouse(s) must have been lawfully constructed prior to January 1, 2016. RA zoned property must be twenty (20) acres or larger in size.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas. ¶
55.4.6.2.1 Zoning. CG, ML, MG, and MC as an interim use per Section 313-104.1. ¶
55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.
55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a special permit and coastal development permit in the ML, MG, and MC Zones. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit and coastal development permit.
55.4.6.2.2.3In the CG Zone, open-air cultivation only is allowed in conjunction with microbusiness activities pursuant to Section 31355.4.10.2.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse (Section 313-55.4.12.12).
55.4.6.3 Eligibility Criteria – All Areas. ¶
55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use (Section 313-55.4.12.5).
55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier, if adequate capacity exists for irrigation use, as determined by the public or private water supplier. Water from on-site greywater systems is also authorized for year-round use.
55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 313-55.4.12.1.8.
55.4.6.4 Siting Criteria – All Areas. ¶
55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less. (Exceptions to the slope criteria are described in Section 313-55.4.6.5.1 and 313-55.4.6.5.2.)
55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016, and which obtained all necessary permits for vegetation clearing as applicable.
55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel or legal lot. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited.
55.4.6.4.4 Setbacks.
- 55.4.6.4.4.1 Standard Setbacks. In addition to the special area provision setbacks of Section 313 55.4.5.1 related to schools, tribal lands, ESHA, and wetlands, cultivation site(s) must also observe all of the following setbacks:
55.4.6.4.4.1.1Property lines: thirty (30) feet from any property line.
55.4.6.4.4.1.2Residences and undeveloped parcels: three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.
55.4.6.4.4.1.3Sensitive receptors: six hundred (600) feet from a church or other place of religious worship, public park, coastal public - access, commercial recreational facility (as defined by Section 313 153), tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.
55.4.6.4.4.1.4Tribal ceremonial sites: one thousand (1,000) feet from all tribal ceremonial sites.
55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses and only if findings can be made that the setback reduction conforms with all applicable policies of the local coastal area plan and the access policies of the Coastal Act. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet, but at a minimum maintenance of a setback of at least one hundred (100) feet, may be allowed with a special permit; provided, that (a) advanced notice is given to the person or agency responsible for managing or supervising the management of those lands, and (b) the permitted setback of less than six hundred (600) feet will be sufficient to prevent impacts that would significantly degrade adjacent open space/habitat areas and will be compatible with the continuance of those open space/habitat areas. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.
55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.
55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.
55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including agricultural wells and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting environmentally sensitive habitat areas (ESHA) or wetlands, as defined under Coastal Act regulations in Humboldt County Code and local coastal area plans.
55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 313-55.4.5.1.5 are subject to the following enhanced setbacks, unless confined to enclosed structures:
55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area.
55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.
55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
t may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of Section 313-55.4.6.4.4.2 are not applicable to any commercial cannabis activities conducted on a parcel zoned MG or MC.
55.4.6.5 Provisional Permitting of Preexisting Cultivation Sites. As set forth in the following subsections, preexisting cultivation sites that meet all other eligibility and siting criteria and performance standards, including but not limited to those described in Section 313-55.4.6.1, may be permitted with a special permit and coastal development permit within AE and RA zoning districts, except on lands with an agricultural exclusive/grazing (AEG) land use designation; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met. Permitting of preexisting cultivation sites is prohibited where located within the TC or TPZ Zones.
Permit applications for preexisting cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.
Applications for preexisting cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of - the documented preexisting cultivation area (not to exceed the maximum allowed under Section 313 55.4.6.1.2), and applications for
preexisting cultivation sites submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area (not to exceed the maximum allowed under Section 313-55.4.6.1.2). No new applications for preexisting cultivation sites shall be accepted after December 31, 2019.
55.4.6.5.1 Provisional Permitting of Preexisting Small Cultivation Sites. On parcels twenty (20) acres or larger in size other than those with an agricultural exclusive/grazing plan designation, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a special permit and coastal development permit; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met, if applicable, subject to the following additional requirements and allowances:
55.4.6.5.1.1The operator’s principal residence is located on the same parcel and the residence was in existence on or before January 1, 2016.
55.4.6.5.1.2No more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.3The road systems performance standards in Section 313-55.4.12.1.8.1 shall not apply.
55.4.6.5.1.4The road systems performance standards in Sections 313-55.4.12.1.8.3 and 313-55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 313-55.4.12.1.8.4.1, and submit a report prepared pursuant Section 31355.4.12.1.8.3.2, unless one has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.4.2Permitted improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.
55.4.6.5.1.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.
55.4.6.5.2Provisional permitting of preexisting cultivation sites located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a use permit and coastal development permit.
55.4.6.5.3In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit and coastal development permit, subject to all applicable performance standards.
55.4.6.5.4 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation at Provisional Sites. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.
55.4.6.5.4.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.4.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:
55.4.6.5.4.2.1Keeping of ancillary mother plants off site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.
55.4.6.5.4.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.4.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.
55.4.6.5.5 Provisional Permitting. An application for provisional permitting of a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and Building Department within one (1) year of issuance of the provisional clearance or permit. All
violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event more than two (2) years of date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall act as Hearing Officer.
As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.
If a provisional permit application for a preexisting cultivation site is denied, the penalties and enforcement provisions of Section 31355.4.5.3 shall apply, and, if required, an application shall be submitted to remove preexisting commercial cannabis-related development and restore the site to preproject conditions in accordance with the performance standard for remediation activities (Section 313-55.4.12.13).
55.4.6.5.6(Section reserved for future use)
55.4.6.5.7 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:
55.4.6.5.7.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that are in the Coastal Zone and were in operation at any time between January 1, 2006, and January 1, 2016, and are located in AE, RA, TC and TPZ Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 31355.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.
55.4.6.5.7.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting (a) the eligibility criteria specified in Section 313-55.4.6.1 or 313-55.4.6.2, excluding sites with an agricultural exclusive/grazing plan designation and sites in the MC Zone, (b) the special area provision setbacks of Section 313-55.4.5.1, (c) all applicable siting criteria, and (d) all applicable performance standards specified in Section 313-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 313-55.4.5.1.4. No new applications for RRR sites shall be accepted after December 31, 2019.
55.4.6.5.7.3Operators of RRR sites shall be eligible to receive a special permit and coastal development permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than twenty thousand (20,000) square feet. Operators of RRR sites with a cultivation area exceeding twenty thousand (20,000) square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a use permit and coastal development permit, but in no event larger than the cultivation area size limits specified in Sections 313-55.4.6.1 and 313-55.4.6.2.
55.4.6.5.7.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k).
More than one (1) RRR site may be permitted on relocation site parcels of twenty (20) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation permits issued for that parcel does not exceed one (1) acre. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel.
55.4.6.5.7.5In order to receive the benefits specified in Section 313-55.4.6.5.7.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard - for remediation activities (Section 313 55.4.12.13). The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so.
The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt shall, on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.
55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis cultivation, including but not limited to bags, pots, or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis, or cannabis waste products, imported soil or soil
amendments not incorporated into native soil, generators, pumps, or structures not adaptable to noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.
For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 313-55.4.5.3 and Chapter 1 of Division 5 of Title III.
55.4.6.7(Section reserved for future use)
55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) in each of the six (6) local coastal plan areas shall be as follows:
| Coastal Planning Area | Permits | Acres |
|---|---|---|
| North Coast Area Plan | 4 | 2 |
| Trinidad Area Plan | 0 | 0 |
| McKinleyville Area Plan | 4 | 2 |
| Humboldt BayArea Plan * |
38 | 13 |
| Eel River Area Plan | 112 | 39 |
| South Coast Area Plan | 13 | 5 |
| Total | 171 | 61 |
*Cannabis cultivation sites on properties zoned MG – industrial general or CG – commercial general with public water from the Humboldt Bay Municipal Water District may be exempt from the cap with a will-serve letter from the district providing public water service to the site.
Once the permit cap for a given local coastal plan has been reached, no additional permit applications for open air and indoor cultivation activities will be processed until the Planning Commission and Board of Supervisors consider a review of the limits and prescribed distribution of permitting and acreage allowances found in the above table and approve an increase in the cap by amendment of this section of the Humboldt County Code certified by the California Coastal Commission. Review shall occur at a noticed public hearing held during a meeting of the Board of Supervisors, during which the Board shall receive and consider a report providing an update on local permitting efforts. The report shall provide information detailing the number and status of all applications received, permits approved, compliance agreements that have been executed, and code enforcement actions undertaken by the Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.
Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.
55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. All cannabis support facilities must meet or exceed the setbacks from sensitive receptors and tribal ceremonial sites specified under Sections 313-55.4.6.4.4.1.3 and 313-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 313-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Section 313-55.4.6.2.1 (CG, ML, MG, and MC as an interim use) distribution, off-site processing, enclosed nurseries, community propagation centers within a lawfully constructed structure in existence prior to January 1, 2016, shall be principally permitted with a zoning clearance certificate and coastal development permit when meeting all applicable performance standards, as well as the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate and coastal development permit in CG, ML, MG, and MC as an interim use or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 and all applicable siting criteria. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.7.3 Road Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.8 Indoor Cultivation and Manufacturing. ¶
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 313-55.4.6.1, 313-55.4.6.2, 313-55.4.6.3.1 and 313-55.4.6.3.2 and comply with the siting criteria specified in Sections 313-55.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4, and 313-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1Within those zones specified under Section 313-55.4.6.1.1 (AE and RA), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate and coastal development permit, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016.
- 55.4.8.1.2Within those zones specified under Section 313 55.4.6.2.1 (CG, ML, MG, and MC as an interim use):
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted (a) with a zoning clearance certificate within an existing lawfully constructed structure where the commercial activities do not meet the definition of development under the Coastal Act and (b) within a proposed structure subject to approval of a zoning clearance certificate and coastal development permit.
55.4.8.1.2.2Up to ten thousand (10,000) square feet of cultivation area may be permitted with a special permit and coastal development permit.
55.4.8.1.2.3A use permit and coastal development permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.1.3 Road Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.
de an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 31355.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4 and 313-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 313-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:
55.4.8.2.1 Flammable Extraction. ¶
55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit and coastal development permit in the MG Zone, as well as MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit and coastal development permit in the CG and ML Zones.
55.4.8.2.1.3All manufacturing activities involving flammable extraction must be conducted within a lawfully constructed commercial structure. Where located within those Zones specified under Section 313-55.4.8.2.1.2, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.3.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 313-55.4.5.1.
55.4.8.2.1.3.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.3.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.3.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and
location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.
55.4.8.2.2 Nonflammable Extraction. ¶
55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the MG Zone, or a conditional use permit and coastal development permit in the MC Zone as an interim use.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit and coastal development permit within CG and ML Zones.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit and coastal development permit within those zones specified under Section 313-55.4.6.1.1 (AE and RA) on parcels that meet the minimum parcel size requirements of Section 313-55.4.6.1.2, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016. In addition, cannabis manufacturing activities in the AE Zone shall be limited to the processing of the raw cannabis materials grown on site.
55.4.8.2.3 Infusion. ¶
55.4.8.2.3.1Manufacturing activities involving infusion may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the CG, ML, MG Zones, and the MC Zone as an interim use. In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be permitted as a cottage industry in all zones which permit cottage industry activities, when in compliance with all performance standards.
55.4.8.2.3.3 Road Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.9(Reserved for future use)
55.4.10 Other Provisions. ¶
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use in the CG, CN, MB, and ML zoning districts, subject to approval of a use permit and coastal development permit. Adult use retail sales may only be permitted in the MG Zone and in the MC Zone as an interim use as microbusiness activities consistent with Section 313-55.4.10.2. All certified regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
55.4.10.2 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit and coastal development permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned RA or, AE). In the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses.
Road Locational Criteria:
Adult use retail sales and microbusinesses with on-site customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard.
Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.
55.4.10.3 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a coastal development permit and use permit (in the MC Zone, a conditional use permit and coastal development permit are required for interim cannabis uses) as required by Section 313-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and City of Ferndale. Any event must be managed to ensure that (a) all cannabis vendor participants are licensed; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.4 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit;
provided, that: (a) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.
55.4.10.5 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours (Sections 313-55.4.12.14 and 31355.4.12.15). In addition, businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate and coastal development permit, subject to meeting the following criteria:
55.4.10.5.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.5.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.
Tour businesses not meeting the above criteria may be permitted with a special permit and coastal development permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.
55.4.10.6 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties - in conformance with the public accommodation performance standards in Section 313 61.05 (“Short-Term Rentals”).
55.4.10.7 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities.
Transportation does not include warehousing or storage of cannabis.
55.4.10.8 Cannabis Research Gardens. Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
g requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
55.4.11 Application Requirements for Clearances or Permits. Applications shall be required to include any or all of the following information necessary to evaluate conformity of the proposed project with local coastal program policies and standards: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, and tribal cultural resources (if ground disturbance is proposed) and historical resources; assessments of project-related noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a provisional cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board. Applications shall also include an analysis of how the activity will conform to all applicable local coastal area plan policies and regulations including, but not limited to, those protecting ESHAs, wetlands, coastal public access, public visual resources, and visitorserving uses.
In addition to the application filing requirements that the County may require to determine project compliance with all applicable local coastal program policies and standards, the County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
ental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
55.4.12 Performance Standards. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards listed in Sections 313-55.4.12.1 through 313-55.4.12.17 and all other local coastal program policies and standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
55.4.12.1 Performance Standards for All Commercial Cannabis Activities.
55.4.12.1.1Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.
55.4.12.1.3Where subject to State licensure, participate in local and State programs for “track and trace” once available.
55.4.12.1.4Maintain a current, valid business license at all times.
55.4.12.1.5Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours’ prior notice, to be conducted by appropriate County officials during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7Comply with any special conditions applicable to the permit or premises which may be imposed.
55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable; provided, that road development or improvement to these standards conforms to all applicable local coastal area plan policies and regulations:
55.4.12.1.8.1 Standard 1 – Dead End Road Length. Project is not located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or has secondary access for emergency vehicles and personnel, including wildland fire equipment.
Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
multaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:
55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a centerline stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or
55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of these road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County; including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.
55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.
55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s). (FEIR mitigation measure 3.12-2)
55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.
55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” as adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:
55.4.12.1.8.3.1.1Impacts from point source and non-point source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain stormwater from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.
55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.
55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.
55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.
55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.
55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.
55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing. ¶
55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA Secretary, or similar information.
55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.
55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.
55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.
55.4.12.1.9The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited. (FEIR mitigation measure 3.4-4)
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing development activities shall implement the following measures from the final environmental impact report (FEIR), as described in Sections 313-55.4.12.1.10.1 through 31355.4.12.1.10.14, as applicable.
| Mitigation Measure # |
Description of Mitigation |
|---|---|
| 3.4-1a | Biological reconnaissance surveys |
| 3.4-1b | Special-status amphibian surveys and relocation/buffers |
| 3.4-1c | Westernpond turtle surveys and relocation/buffers |
| 3.4-1d | Nestingraptor surveys and relocation/buffers |
| 3.4-1e | Northern spotted owl surveys |
| 3.4-1f | Special-status nestingbird surveys/buffers |
| Mitigation Measure # |
Description of Mitigation |
| --- | --- |
| 3.4-1g | Marbled murrelet habitat suitabilitysurveys/buffers |
| 3.4-1i | American badger surveys and buffers |
| 3.4-1j | Fisher and Humboldt marten surveys and den site preservation/buffers |
| 3.4-1k | Bat surveyand buffers |
| 3.4-1l | Vole surveyand relocation/buffers |
| 3.4-3a | Special-statusplants surveys |
| 3.4-4 | Protection of sensitive natural communities, riparian habitat,wetland vegetation,includingESHA |
| 3.4-6b | Retention of fisher and Humboldt marten habitat features |
| 3.4-5 | Waters of the United States |
55.4.12.1.10.1 Biological Reconnaissance Surveys (FEIR Mitigation Measure 3.4-1a). Prior to approval of any application for commercial cannabis operations, a biological reconnaissance survey shall be conducted within the proposed development area by a qualified biologist. The qualified biologist shall assess the habitat suitability of the proposed development area for all special-status species and sensitive natural communities with the potential to occur in the subject area. The biologist shall include a letter or report with the permit application documenting whether special-status species and/or sensitive habitats are present or have the potential to occur within or adjacent to the proposed development area. If special-status species or sensitive habitats are present, the environmentally sensitive habitat area (ESHA) shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.
tent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.
55.4.12.1.10.2 Special-Status Amphibians (FEIR Mitigation Measure 3.4-1b). If special-status amphibians are detected during the initial biological reconnaissance survey, or during the preconstruction survey, or are determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive amphibian habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable habitat for special-status amphibians is present within the proposed development area, a qualified biologist familiar with the life cycle of regionally occurring special-status amphibians shall conduct seasonally appropriate preconstruction surveys for the applicable amphibian life stages (i.e., eggs, larvae, adults) no more than forty-eight (48) hours prior to commencement of development within the proposed development area plus a four hundred (400) foot buffer area around the proposed development area.
55.4.12.1.10.3 Western Pond Turtle (FEIR Mitigation Measure 3.4-1c). If western pond turtle is detected during the initial biological reconnaissance survey, or during the preconstruction survey, or is determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive western pond turtle habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.
biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.
55.4.12.1.10.4 Nesting Raptors (FEIR Mitigation Measure 3.4-1d). To avoid impacts to nesting raptors, tree removal activities shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with CDFW, that there is no active nest present in the tree. Prior to ground-disturbing activities between February 1st and August 31st, a qualified biologist shall conduct preconstruction surveys for nesting raptors and shall identify active nests within five hundred (500) feet of the proposed development area. Surveys shall be conducted between February 1st and August 31st. To avoid impacts to nesting raptors, appropriate no-disturbance buffers around active nests shall be established, in consultation with CDFW, that will protect sensitive nesting raptor habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Buffer areas shall be delineated with construction fencing, and no activity shall occur within the buffer areas until a qualified biologist has determined, in consultation with CDFW, that the young have fledged, the nest is no longer active, or reducing the buffer would not likely result in nest abandonment. Monitoring of the nest by a qualified biologist during and after construction activities shall be required if the activity has the potential to adversely
affect the nest. In no case shall nests or nest trees of bald eagles or golden eagles be removed (both active and nonactive eagle nests shall be protected).
55.4.12.1.10.5 Northern Spotted Owl (FEIR Mitigation Measure 3.4-1e). If the biological reconnaissance survey determines that suitable habitat for northern spotted owl (NSO) is present within or adjacent to the area of proposed development, or if the project site is within 1.3 miles (average species home range) of a known occurrence of NSO, as determined by a qualified biologist, the following measures shall be implemented to avoid disturbance to sensitive NSO habitat areas. Prior to removal of any trees or prior to grounddisturbing activities adjacent to or within suitable NSO nesting, roosting, or foraging habitat (e.g., forest clearings), a qualified biologist familiar with the life history of NSO shall conduct preconstruction surveys for nests within a 1.3-mile buffer around the site according to agency-approved protocols. Surveys shall be conducted between March 1st and August 31st, with three (3) complete surveys spaced at least seven (7) days apart to be completed by June 30th and a total of six (6) complete surveys over the course of two (2) years completed to determine presence or absence of NSO. If NSO(s) is determined to be present within 1.3 miles of the site, - proposed cultivation activities shall not be permitted. See also Section 313 55.4.12.6 (Performance Standard for Noise).
55.4.12.1.10.6 Special-Status Nesting Birds (FEIR Mitigation Measure 3.4-1f). To minimize the potential for disturbance to bank swallow, little willow flycatcher, tricolored blackbird, western snowy plover, western yellow-billed cuckoo, and other special-status nesting bird habitat areas, vegetation removal shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with USFWS and/or CDFW, that there is no active nest present in the area. Preconstruction surveys shall occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.
l occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.
55.4.12.1.10.7 Marbled Murrelet (FEIR Mitigation Measure 3.4-1g). If the biological reconnaissance survey determines that suitable habitat for marbled murrelet is present within or adjacent to the area of proposed new development, preconstruction surveys for marbled murrelet shall be conducted by a qualified biologist familiar with the life history of the marbled murrelet. Preconstruction surveys shall be conducted for nests within a one-quarter (0.25) mile buffer area around the project site according to agency-approved protocols. Surveys shall be conducted between April 15th and August 5th. If marbled murrelet is determined to be present, a onequarter (0.25) mile no-disturbance buffer area shall be established around the sensitive habitat area until the end of the marbled murrelet breeding season (until August 6th). No equipment or activities shall occur within the no-disturbance buffer. See also Section - 313 55.4.12.6 (Performance Standard for Noise).
55.4.12.1.10.8 American Badger (FEIR Mitigation Measure 3.4-1i). If the biological reconnaissance survey determines that suitable habitat for American badger is present within or adjacent to the area of proposed new development, then no more than thirty (30) days prior to commencement of construction a qualified biologist shall conduct preconstruction surveys of suitable badger burrow/den habitat areas to identify the presence of any badger burrows/dens. If occupied burrows/dens are found, sensitive badger habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.
ted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.
55.4.12.1.10.9 Fisher and Humboldt Marten (FEIR Mitigation Measures 3.4-1j and 3.4-6b). If the biological reconnaissance survey determines that suitable habitat for fisher and/or Humboldt marten is present within or adjacent to the area of proposed development, then prior to commencement of construction and during the denning season of March 1st to July 31st a qualified biologist shall conduct preconstruction surveys of all suitable habitats to identify potential dens as well as any sightings of individual fishers or martens. If there are individual sightings or if potential dens are found, sensitive fisher and/or marten habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with USFWS and CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with USFWS and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.
S and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.
55.4.12.1.10.10 Special-Status Bats (FEIR Mitigation Measure 3.4-1k). If the biological reconnaissance survey determines that suitable hibernation and/or maternal roosting habitat for special-status bat species is present within or adjacent to the area of proposed new development, then prior to commencement of construction and during the appropriate roosting season(s) a qualified biologist shall conduct preconstruction surveys of all suitable roosting habitat areas. If occupied bat roosts are found, sensitive bat roosting areas shall be protected from significant disruption of habitat values consistent with local coastal land use plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until roosting activities are complete, as determined by a qualified biologist in consultation with CDFW. For pallid bats and Townsend’s big-eared bats, the minimum size of the no-disturbance buffer area shall be four hundred (400) feet, and mitigation shall be required for impacts to nonoccupied roosting habitat of these bat species. A mitigation plan for any permitted disturbance to nonoccupied pallid and/or Townsend’s big-eared bat roosting habitat shall be developed in consultation with CDFW and shall be required to be implemented as a condition of permit approval.
55.4.12.1.10.11 Special-Status Voles (FEIR Mitigation Measure 3.4-1l). If the biological reconnaissance survey determines that suitable nesting habitat for Sonoma tree vole and/or white-footed vole is present within or adjacent to the area of proposed development, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.
elopment, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.
55.4.12.1.10.12 Special-Status Plants (FEIR Mitigation Measure 3.4-3a). During the blooming period(s) for the special-status plant species with the potential to occur in areas of proposed cannabis activities, as determined during the biological reconnaissance survey, a qualified botanist shall conduct protocol-level surveys for special-status plants and shall include survey results as part of the permit application. If special-status plants are found, sensitive plant habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
55.4.12.1.10.13 Sensitive Natural Communities (FEIR Mitigation Measure 3.4-4). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact sensitive natural communities, including, but not limited to, riparian areas; old-growth forests; oak woodlands; fish-bearing streams; coastal wetlands; northern foredune grasslands; and coastal terrace prairie. If sensitive natural communities are present, the sensitive areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
55.4.12.1.10.14 Coastal Waters and Wetlands (FEIR mitigation measure 3.4-5). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact coastal wetlands, streams, rivers, creeks, or natural drainage courses. If sensitive wetlands, waters, or drainage courses are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
s are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.
During provisional permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required to evaluate conformity with local coastal program policies and standards in consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to relocate to outside of the northern spotted owl activity area.
55.4.12.1.11 Performance Standard for Hazardous Material Site Assessments and Contingency Plans (FEIR Mitigation Measures 3.7-2a and 3.7-2b). Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I Environmental Site Assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
l risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
55.4.12.1.11.1Where (a) contamination at the project site has been verified, or (b) new ground disturbance is proposed on a property previously developed with an industrial or heavy commercial use, a hazardous materials contingency plan shall be submitted for County review and approval during permit review, in consultation with Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control, as applicable. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance. The plan shall describe the necessary actions that would be taken if evidence of contaminated soil or groundwater is encountered during construction. The contingency plan shall identify conditions that could indicate potential hazardous materials contamination, including soil discoloration, petroleum or chemical odors, and presence of USTs or buried building material. The plan shall include the provision that if, at any time during constructing the project, evidence of soil and/or groundwater contamination with hazardous material is encountered, construction shall immediately cease and the County shall be contacted per Section 31355.4.12.1.11.3.
55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.
55.4.12.1.11.3If at any time during construction evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
55.4.12.1.12 Performance Standard for Stormwater Management (FEIR Mitigation Measure 3.8-4). Projects shall include a plan detailing stormwater management for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain or improve preproject drainage conditions, and in particular that there will be no net increase in the volume of stormwater runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.
55.4.12.1.13 Performance Standard for Management of Waste and Hazardous Materials (FEIR Mitigation Measure 3.13-1a).
55.4.12.1.13.1All projects shall include a materials management plan (MMP) for proper disposal of project-related waste at legally authorized disposal sites. Examples include solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.). The MMP shall include a detailed description of activities and processes occurring on site and the type and quantity of items produced. The MMP shall be submitted to the County Division of Environmental Health (DEH) and public agencies or private enterprises accepting waste materials. Commercial cannabis permits shall not be granted without approval of the MMP relevant agencies.
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a hazardous materials management plan (HMMP) which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.
ciated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.
55.4.12.1.14 Performance Standard for Protection of Historical Resources (FEIR Mitigation Measure 3.5-1). Projects proposing the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s Professional Qualification Standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.
55.4.12.1.15 Performance Standard for Inadvertent Discovery of Archaeological and Paleontological Resources (FEIR Mitigation Measures 3.5-2 and 3.6-5).
55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate Tribal Historic Preservation Officer(s), are to be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.
55.4.12.2 Additional Miscellaneous Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
General Standards Applicable to All Commercial Cannabis Activities
55.4.12.2.1All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).
55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies; provided, that all water quality protection requirements of the local coastal area plan are met.
55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.
Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.
55.4.12.2.4All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.
Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.
55.4.12.2.5Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as: “a sudden, unexpected occurrence demanding immediate action.”
55.4.12.2.6Provide and maintain an approved means of sewage disposal that meets the required standards of the County Division of Environmental Health and/or the Regional Water Quality Control Board, as applicable.
55.4.12.2.7All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday. (FEIR mitigation measure 3.10-1)
55.4.12.3(Reserved for Future Use)
55.4.12.4 Performance Standard for Light Pollution Control. ¶
55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded (e.g., with tarps) so that no light escapes between sunset and sunrise.
55.4.12.4.2Any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.
55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 313-55.4.5.3.
55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:
55.4.12.5.1Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2On-site renewable energy system with up to twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed by the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
55.4.12.6 Performance Standard for Noise at Cultivation Sites (FEIR Mitigation Measure 3.4-1h). Noise from cultivation and related activities shall not result in an increase of more than three (3) decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three (3) or more property lines when all cannabis related activities are not in operation. Project-generated sound must not exceed ambient nesting conditions by twenty (20) to twenty-five (25) decibels. Project-generated sound, when added to existing ambient conditions, must not exceed ninety (90) decibels.
55.4.12.6.1Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at
a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result. Marbled murrelet and northern spotted owl are most active during dawn and dusk. Within approximately two (2) hours of sunrise and sunset, ambient sound levels are lower than during the middle of the day (by approximately five (5) to ten (10) decibels). This will be accounted for when determining impacts of project-generated sound.
55.4.12.6.2The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.2.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.2.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.2.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.2.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.
55.4.12.7 Performance Standards for Cannabis Irrigation. In addition to the requirements of Section 313-55.4.6.3.2 that irrigation shall exclusively utilize stored water from nondiversionary sources, or water from a public or private water supplier (if adequate capacity exists for irrigation use, as determined by the public or private water supplier), all cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
Documentation of Current and Projected Water Use
55.4.12.7.1All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff. At a minimum, the following items shall be included:
55.4.12.7.1.1Information identifying the cultivation season(s).
55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.
55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, if applicable, showing volume in gallons.
55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.
Metering and Recordkeeping
55.4.12.7.2A metering device shall be installed and maintained on all locations of water withdrawal (including wells). The meter shall be located at or near the point of withdrawal.
55.4.12.7.3A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.4Operators shall maintain a weekly record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.
55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:
Existing Ponds and Reservoirs
55.4.12.8.1To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.
55.4.12.8.2Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from or outlets to a nearby stream or wetland.
55.4.12.8.3Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.4All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions
for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting timeframes.
Bladders and Above-Ground Pools, and Similar Vessels
55.4.12.8.5Use of bladders, above-ground pools, and similar vessels is prohibited. Where a provisional cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.
Tanks Located in Designated Flood Zones
- 55.4.12.8.6Tanks shall be sited consistent with the setbacks requirements of Section 313 55.4.5.1.3 at least one (1) foot above the base flood elevation or wet flood proofed and anchored.
55.4.12.9 Performance Standard for Wells on Small Parcels (FEIR Mitigation Measure 3.8-3). Cultivation site(s) located on lot sizes of forty (40) acres or smaller, where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. A coastal development permit shall be required for new test wells. These tests shall be conducted by a qualified professional and preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring. As part of the annual inspection process, cultivation operators shall provide the County with groundwater monitoring data for on-site well facilities that documents well production and changes in groundwater levels during each month of the year. Should this monitoring data identify potential drawdown impacts to adjacent well(s) and indicate a connection to operation of the on-site wells, the cultivation operators, in conjunction with the County, shall develop adaptive management measures to allow for recovery of groundwater levels. Adaptive management measures may include forbearance, water conservation measures, reductions in on-site cannabis cultivation, alteration of the groundwater pumping schedule, or other measures determined appropriate. Adaptive management measures that involve development shall require CDP authorization. Adaptive management measures shall remain in place until groundwater levels have recovered to preproject conditions based on annual monitoring data provided to the County as part of subsequent annual inspections. In addition, as required by Section 31355.4.6.4.4.1.9, proposed new agricultural wells shall observe all prescribed setbacks and limitations pertaining to the use of land adjacent to ESHA, including, but not limited to, wetlands and streams.
55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.
55.4.12.11 Existing Site Reconfiguration. ¶
55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration can be permitted consistent with the certified local coastal land use plan of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.
55.4.12.11.2A biological resource protection plan must also be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within the environmentally sensitive habitat area.
55.4.12.11.3Preexisting cultivation areas to be relocated must be restored to predisturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.
55.4.12.11.5All relocated road segments must be fully decommissioned and restored to predisturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.6All remediation activities shall be performed in accordance with the remediation performance standard (Section 31355.4.12.13).
55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.
55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.
55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.
55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).
See also the performance standards of Section 313-55.4.12.1.11, which also apply to some industrial and commercial properties.
55.4.12.13 Performance Standard for Remediation Activities. In addition to the requirements of Section 313-55.4.6.6, all remediation activities shall restore the site to predevelopment conditions to the maximum extent feasible. A mitigation and monitoring plan shall be submitted subject to review and approval of the Hearing Officer. The plan shall address prevention of damage to soil, plant and animal life, and surface and subsurface water supplies, and shall include standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations. Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1Public visitation may be permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts when meeting the requirements of this section.
55.4.12.14.2Public visitation may be permitted with a special permit and coastal development permit at sites located within those zones listed under Section 313-55.4.6.1.1 (AE and RA) when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 313-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.
55.4.12.14.3Visitation by the general public may include tours and tour groups, cannabis bed and breakfasts, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a coastal development permit and conditional use permit pursuant to Section 313-62.1.
55.4.12.14.4The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.4.1Sites located in those zones specified in Section 313-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. and 6:00 p.m.
55.4.12.14.4.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.4.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).
55.4.12.14.4.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.4.5 Road System and Driveways. ¶
55.4.12.14.4.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.12.14.4.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.4.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.
55.4.12.14.4.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.
55.4.12.14.4.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.4.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
55.4.12.14.4.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.4.6 Parking.
55.4.12.14.4.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.4.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.
55.4.12.15 Performance Standards for Tour Operators and Tour Sites. Tour Operators ¶
Tour operators shall comply with all of the following measures:
55.4.12.15.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.
55.4.12.15.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.
55.4.12.15.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
Tour Site Eligibility Criteria
Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.5The site(s) conform with the public accommodation performance standard.
55.4.12.15.6Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Plant Species Control (FEIR Mitigation Measure 3.4-3b). It is the responsibility of a certificate or permit holder to work to eradicate invasive plant species classified as invasive by the California Invasive Plant Council. As part of any application, the existence of invasive species on the project parcel shall be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. All required permits for invasive species removal shall be obtained prior to invasive species removal activities. Vegetation spoils shall be properly disposed of at a legally authorized landfill site to avoid further spread of invasive species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required as part of the annual permit renewal for commercial cannabis activities if invasive species remain or are found to have returned. Heavy equipment and other machinery used for commercial cannabis activities shall be inspected for the presence of invasive species prior to on-site use and shall be cleaned prior to entering the site to reduce the risk of introducing invasive plant species to the site.
55.4.12.17 Performance Standard for Visual Resources Protection. All development associated with a commercial cannabis operation shall comply with all applicable policies of the local coastal area plan for the protection of public visual resources. In addition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.
ddition, greenhouses, fencing, and other structures in AE and RA Zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.
55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:
55.4.13.1Cultivation area of three thousand (3,000) square feet or less.
55.4.13.2
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic ce
Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
rtification standards or the substantial equivalent.
55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 313-43.2, “Right to Farm Ordinance,” said statement shall include information describing the possibility of commercial cultivation of cannabis.
55.5 INDUSTRIAL HEMP LAND USE REGULATIONS ¶
55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the coastal area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.
55.5.2 Applicability and Interpretation.
55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.
55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and, to this end, the provisions or application of this section are severable.
55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis. State Food and Agricultural Code Sections 81000 through 81015 require registered industrial hemp sites be a minimum one-tenth (0.1) acre for entities other than seed breeders or established agricultural research institutions.
55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions,” as defined in State Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2468, Section 1, 12/13/2011; Ord. 2634, § 2, 7/23/2019; Ord. 2638, §§ 2, 3, 2/4/2020; Ord. 2639, § 2, 2/4/2020; Ord. 2666, § 2, 2/9/2021; Ord. 2733, § 8, 3/5/2024)
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57.1 OIL AND GAS DRILLING AND PROCESSING ¶
57.1.1 Purpose. The purpose of these regulations is to provide for development of new or expanded oil and gas wells and pipelines in the least environmentally damaging location and manner feasible, and to provide for public review of proposed oil and gas wells and associated development in order to effectuate this purpose. (Former Section CZ#A314-27(A))
57.1.2 Applicability. These regulations shall apply in all zones in which the Oil and Gas Drilling and Processing use type is permitted. (Former Section CZ#A314-27(B))
57.1.3 Supplemental Permit Application Materials. In addition to the application materials required to be submitted under the permit procedure in this Code, applications for oil and gas wells and associated facilities shall contain information sufficient to determine that the project will be so sited and designed as to mitigate, to the maximum extent feasible, adverse environmental effects. Application materials shall include, but are not limited to, the following: (Former Section CZ#A314-27(C))
57.1.3.1A plot plan of the entire area under lease or ownership, showing the relationship of the proposed facilities to the ultimate potential development; (Former Section CZ#A314-27(C)(1))
57.1.3.2A contour or topographic map of the subject site, showing the relationship of existing and proposed structures and facilities with natural and/or artificial features; (Former Section CZ#A314-27(C)(2))
57.1.3.3Proposed procedures for the transport and disposal of all solid and liquid wastes; (Former Section CZ#A314-27(C)(3))
57.1.3.4Grading plans and procedures for minimizing erosion; (Former Section CZ#A314-27(C)(4))
57.1.3.5Where the proposed facilities are located within a designated Coastal View Area or Coastal Scenic Area, or in an area zoned AE Agricultural Exclusive, landscaping plans and measures for minimizing visual impacts; (Former Section CZ#A314-27(C)(5))
57.1.3.6Fire prevention procedures; (Former Section CZ#A314-27(C)(6))
57.1.3.7Air pollution control procedures; (Former Section CZ#A314-27(C)(7))
57.1.3.8Oil spill contingency procedures; (Former Section CZ#A314-27(C)(8))
57.1.3.9For production facilities, a phasing plan for the staging of development indicating the approximate anticipated timetable and production levels for the project; and (Former Section CZ#A314-27(C)(9))
57.1.3.10Procedures for abandonment and restoration of the site. (Former Section CZ#A314-27(C)(10))
57.1.4 Drillsite Density. Where feasible, drillsites shall be established at a maximum density of one (1) site per eighty acres (80a). (Former Section CZ#A314-27(D))
57.1.5 Permit Processing. Separate permits shall be required for drillsites and production facilities. Applications for new drillsites or production facilities shall be referred to the Hearing Officer for disposition after a noticed public hearing. Applications for additional wells at approved wellsites or for expanded production facilities require a Special Permit. (Former Section CZ#A314-27(E))
57.1.6 Required Mitigation. Oil and/or gas drilling and processing operations shall incorporate the following mitigation: (Former Section CZ#A314-27(F))
57.1.6.1With respect to new facilities, all oil field brines will be reinjected into oil-producing zones except where: (Former Section CZ#A314-27(F)(1))
57.1.6.1.1The Division of Oil and Gas of the State Department of Conservation determines that to do so would adversely affect production of the reservoirs; and (Former Section CZ#A314-27(F)(1)(a))
57.1.6.1.2Injection into other subsurface zones will reduce environmental risks; or (Former Section CZ#A314-27(F)(1)(b))
57.1.6.1.3Disposal into ocean waters will be consistent with the Ocean Water Discharge Plans of the State Water Resources Control Board, and adequate provisions will be made for the elimination of petroleum odors and water quality problems. (Former Section CZ#A314-27(F)(1)(c))
57.1.6.2Where oil or gas wells are proposed in or near designated Wetland Areas and Transitional Agricultural Land, or Riparian Corridors as defined in these regulations, directional drilling shall be employed to avoid these sensitive habitat areas, except where an independent engineering contractor, selected by the County, determines that to do so would not be feasible. Where directional drilling is not feasible, mitigation measures shall include either acquisition of equivalent areas of equal or greater biological productivity or alternative mitigation consistent with Public Resources Code Section 30607.1. (Former Section CZ#A314-27(F)(2))
57.1.6.3The disposal of waste from drilling operations which may damage soil, plant life or surface or sub-surface water supplies, shall not be permitted. All liquid drilling discharge wastes shall be accumulated in steel tanks prior to disposal at any approved disposal site; and such steel tanks shall be removed within thirty (30) days after completion or abandonment of the subject wells. (Former Section CZ#A314-27(F)(3))
57.1.6.4Solid drilling waste materials may be temporarily deposited in an earthen depression with the final deposition of the solid waste materials to be accomplished in compliance with the requirements of the Regional Water Quality Control Board. Disposal of oil field wastes which may pollute surface or subsurface water shall not be permitted. (Former Section CZ#A314-27(F)(4))
57.1.6.5Upon discontinuance of production at a well site, all earthen sumps or other depressions containing drilling mud, oil or other waste products from the drilling operation shall be cleaned up by removing such waste products or by consolidating them into the land by diking, harrowing, regrading and recontouring to restore the site to its original condition. The site shall be reseeded and planted to conform with the surrounding vegetation. (Former Section CZ#A314-27(F)(5))
57.1.7 Required Findings. Oil and gas drilling and processing shall be approved only if the applicable Extractive Development Impact - Findings of Chapter 2, Procedures, Supplemental Findings (312 2.19), are made. (Former Section CZ#A314-27(G)) Your Selections
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57.1 OIL AND GAS DRILLING AND PROCESSING ¶
57.1.1 Purpose. The purpose of these regulations is to provide for development of new or expanded oil and gas wells and pipelines in the least environmentally damaging location and manner feasible, and to provide for public review of proposed oil and gas wells and associated development in order to effectuate this purpose. (Former Section CZ#A314-27(A))
57.1.2 Applicability. These regulations shall apply in all zones in which the Oil and Gas Drilling and Processing use type is permitted. (Former Section CZ#A314-27(B))
57.1.3 Supplemental Permit Application Materials. In addition to the application materials required to be submitted under the permit procedure in this Code, applications for oil and gas wells and associated facilities shall contain information sufficient to determine that the project will be so sited and designed as to mitigate, to the maximum extent feasible, adverse environmental effects. Application materials shall include, but are not limited to, the following: (Former Section CZ#A314-27(C))
57.1.3.1A plot plan of the entire area under lease or ownership, showing the relationship of the proposed facilities to the ultimate potential development; (Former Section CZ#A314-27(C)(1))
57.1.3.2A contour or topographic map of the subject site, showing the relationship of existing and proposed structures and facilities with natural and/or artificial features; (Former Section CZ#A314-27(C)(2))
57.1.3.3Proposed procedures for the transport and disposal of all solid and liquid wastes; (Former Section CZ#A314-27(C)(3))
57.1.3.4Grading plans and procedures for minimizing erosion; (Former Section CZ#A314-27(C)(4))
57.1.3.5Where the proposed facilities are located within a designated Coastal View Area or Coastal Scenic Area, or in an area zoned AE Agricultural Exclusive, landscaping plans and measures for minimizing visual impacts; (Former Section CZ#A314-27(C)(5))
57.1.3.6Fire prevention procedures; (Former Section CZ#A314-27(C)(6))
57.1.3.7Air pollution control procedures; (Former Section CZ#A314-27(C)(7))
57.1.3.8Oil spill contingency procedures; (Former Section CZ#A314-27(C)(8))
57.1.3.9For production facilities, a phasing plan for the staging of development indicating the approximate anticipated timetable and production levels for the project; and (Former Section CZ#A314-27(C)(9))
57.1.3.10Procedures for abandonment and restoration of the site. (Former Section CZ#A314-27(C)(10))
57.1.4 Drillsite Density. Where feasible, drillsites shall be established at a maximum density of one (1) site per eighty acres (80a). (Former Section CZ#A314-27(D))
57.1.5 Permit Processing. Separate permits shall be required for drillsites and production facilities. Applications for new drillsites or production facilities shall be referred to the Hearing Officer for disposition after a noticed public hearing. Applications for additional wells at approved wellsites or for expanded production facilities require a Special Permit. (Former Section CZ#A314-27(E))
57.1.6 Required Mitigation. Oil and/or gas drilling and processing operations shall incorporate the following mitigation: (Former Section CZ#A314-27(F))
57.1.6.1With respect to new facilities, all oil field brines will be reinjected into oil-producing zones except where: (Former Section CZ#A314-27(F)(1))
57.1.6.1.1The Division of Oil and Gas of the State Department of Conservation determines that to do so would adversely affect production of the reservoirs; and (Former Section CZ#A314-27(F)(1)(a))
57.1.6.1.2Injection into other subsurface zones will reduce environmental risks; or (Former Section CZ#A314-27(F)(1)(b))
57.1.6.1.3Disposal into ocean waters will be consistent with the Ocean Water Discharge Plans of the State Water Resources Control Board, and adequate provisions will be made for the elimination of petroleum odors and water quality problems. (Former Section CZ#A314-27(F)(1)(c))
57.1.6.2Where oil or gas wells are proposed in or near designated Wetland Areas and Transitional Agricultural Land, or Riparian Corridors as defined in these regulations, directional drilling shall be employed to avoid these sensitive habitat areas, except where an independent engineering contractor, selected by the County, determines that to do so would not be feasible. Where directional drilling is not feasible, mitigation measures shall include either acquisition of equivalent areas of equal or greater biological productivity or alternative mitigation consistent with Public Resources Code Section 30607.1. (Former Section CZ#A314-27(F)(2))
57.1.6.3The disposal of waste from drilling operations which may damage soil, plant life or surface or sub-surface water supplies, shall not be permitted. All liquid drilling discharge wastes shall be accumulated in steel tanks prior to disposal at any approved disposal site; and such steel tanks shall be removed within thirty (30) days after completion or abandonment of the subject wells. (Former Section CZ#A314-27(F)(3))
57.1.6.4Solid drilling waste materials may be temporarily deposited in an earthen depression with the final deposition of the solid waste materials to be accomplished in compliance with the requirements of the Regional Water Quality Control Board. Disposal of oil field wastes which may pollute surface or subsurface water shall not be permitted. (Former Section CZ#A314-27(F)(4))
57.1.6.5Upon discontinuance of production at a well site, all earthen sumps or other depressions containing drilling mud, oil or other waste products from the drilling operation shall be cleaned up by removing such waste products or by consolidating them into the land by diking, harrowing, regrading and recontouring to restore the site to its original condition. The site shall be reseeded and planted to conform with the surrounding vegetation. (Former Section CZ#A314-27(F)(5))
57.1.7 Required Findings. Oil and gas drilling and processing shall be approved only if the applicable Extractive Development Impact - Findings of Chapter 2, Procedures, Supplemental Findings (312 2.19), are made. (Former Section CZ#A314-27(G)) Your Selections
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61.05 SHORT-TERM RENTALS ¶
61.05.1 Purpose. The purpose and intent of this section (the “Short-term Rental Ordinance”) is to protect and promote the public health, safety and welfare, protect and maintain the overall quality of the coastal zone environment and its natural and human made resources, assure orderly, balanced utilization and conservation of coastal zone resources, maximize public access to and along the coast, support tourism and economic development, minimize the loss of housing stock available to long-term renters, preserve the quality of neighborhoods, and balance the needs and rights of property owners, tenants, and neighbors.
61.05.2 Applicability. These provisions apply when dwelling units are used as short-term rentals.
61.05.3 Allowed Zones. Short-term rentals may be permitted in zoning districts where residential use is a permitted use subject to these regulations.
61.05.4 Application. In addition to all materials required for a permit pursuant to Section 312-5.2, a complete application for a shortterm rental permit shall include the following:
61.05.4.1Current grant deed for the subject parcel.
61.05.4.2 Good Neighbor Guide. ¶
61.05.4.3Affidavit signed by the permit holder confirming delivery of the Good Neighbor Guide to all neighbors in the closest ten (10) dwellings and within three hundred (300) feet up and down the street, if applicable.
61.05.4.4Evidence of property owner consent if the permit-holder is someone other than the property owner. If the property owner withdraws consent at any time when the permit is active, the permit is immediately revoked.
61.05.4.4.1Where the owner is an LLC or other corporation, the ownership of the corporation(s) shall include the people who own the corporation or controlling corporation via an ownership roster or operating agreement identifying all parties involved within the LLC or other corporation(s) for said owner or operator.
61.05.4.5Access route, if seeking a special permit and the site is accessed via a shared private road system.
61.05.4.6 Farm Stay Applications. Provide documentation describing the educational activities or experiences in which the tenants will participate as an immersive encounter with agricultural living.
61.05.5 Existing Operations. No permits for whole dwelling unit short-term rentals shall be issued during the first two (2) months following the effective date of the ordinance codified in this section but applications from individuals operating existing short-term rentals will be received. Three (3) months after the effective date of the ordinance codified in this section the Department will issue permits for qualifying locations with existing short-term rentals. An existing short-term rental shall be determined based on evidence of operation prior to October 26, 2023. If the number of permits issued for existing short-term rentals exceeds the cap identified in subsection 61.05.10.2.1, then no permits will be issued for new short-term rentals until the number of permitted short-term rentals in the County falls below the cap. A permit shall not be issued on a parcel with active violations.
61.05.6 Permit Requirements. ¶
61.05.6.1 Administrative Permit Required. A short-term rental meeting the requirements herein shall be permitted with an administrative permit.
61.05.6.2 Special Permit Required. A short-term rental seeking exception from standards identified in subsections 61.05.9.1 and 61.05.10.3 may only be allowed upon issuance of a special permit.
61.05.6.2.1 Required Findings. A special permit for a short-term rental may be approved only if the following findings are made:
61.05.6.2.1.1The short-term rental would not result in significant adverse effects on the health, safety, and welfare of the community; and
61.05.6.2.1.2The short-term rental would not result in significant adverse effects on the quality of the neighborhood.
61.05.6.2.2 Special Noticing Requirements. In addition to following the procedures identified in Section 312-8.1, Notice of Application Submittal, notice shall be sent to all owners and occupants of property accessed through shared private road system.
61.05.6.3 Conditional Use Permit Required. Whole dwelling unit short-term rentals within the Tsunami Hazard Zone of the Humboldt Bay Area Plan may only be allowed upon the issuance of a conditional use permit.
61.05.6.3.1 Required Findings. A conditional use permit for short-term rental may be approved only if the following findings are made:
61.05.6.3.1.1 The short-term rental would not adversely impact the health, safety, and welfare of the community; and
61.05.6.3.1.2The short-term rental would not adversely affect the quality of the neighborhood.
61.05.7 Permit Term for Short-Term Rentals. All short-term rental permits (including nonconforming approvals) shall lapse two (2) years after the effective date of the permit unless all of the following requirements are met:
61.05.7.1The permit holder shall submit a Statement of Continued Operation as provided by the Planning and Building Department, indicating a desire to continue operation provided that there is evidence of hosting stays; and
61.05.7.2There are no outstanding violations associated with the permit; and
61.05.7.3The permit holder shall submit evidence showing that no outstanding taxes are associated with the subject parcel.
61.05.7.4A fee which allows for review of the materials and investigation of any complaints and violations as established in the County Fee Schedule.
61.05.8 Violations. Continuous use of a short-term rental without resolution of violation(s) of this section of the Humboldt County Code may result in code enforcement action, permit suspension or permit revocation.
60.05.8.1 Suspension or Revocation. Consistent with the procedures in Section 312-14 a short-term rental permit may be suspended or revoked for violations of the short-term rental ordinance and/or violations of permit terms or conditions.
61.05.9 Home-Share Rental. This section applies to home-share rentals which are a short-term rental of a portion of a dwelling unit where the caretaker remains in residence.
61.05.9.1 Standards for Home-Share Rentals.
61.05.9.1.1 Health and Safety Standards. Exception to standards in subsections 61.05.9.1.1.3 and 61.05.9.1.1.4 may be sought with a special permit.
61.05.9.1.1.1 Building, Fire and Health.
61.05.9.1.1.1.1Dwellings shall be permitted or legal nonconforming.
61.05.9.1.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the dwelling unit.
61.05.9.1.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
61.05.9.1.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
61.05.9.1.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
61.05.9.1.2 Neighborhood Quality and Public Nuisance Standards. Exception to subsection 61.05.9.1.2.4 may be sought with a special permit.
61.05.9.1.2.1 Resident Caretaker. The caretaker shall reside within the dwelling unit and be present when rooms are occupied by guests.
61.05.9.1.2.2 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
61.05.9.1.2.3 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
61.05.9.1.2.3.1Name and telephone number for a caretaker who shall:
61.05.9.1.2.3.1.1Respond to all questions or concerns timely.
61.05.9.1.2.3.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code, timely.
61.05.9.1.2.3.2Location of the approved parking spaces.
61.05.9.1.2.3.3Permit standards.
61.05.9.1.2.3.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
61.05.9.1.2.3.5Traffic etiquette guidelines.
61.05.9.1.2.4 Parking. Each home-share short-term rental shall provide one off-street parking space per rented bedroom. Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required.
61.05.10 Short-Term Rental. This section applies to short-term rental of whole dwelling units. Short-term rentals may be rented for the whole or a portion of the year. A residence which is rented on a short-term basis for sixty (60) consecutive days or fewer out of the year does not count against the cap; provided, that it is occupied as long-term housing for the remainder of the year.
61.05.10.1 Short-Term Rentals Prohibited. Short-term rentals are not allowed in dwellings with any of the following limitations:
61.05.10.1.1 Recorded Limitation. Dwellings subject to a recorded covenant, agreement, deed restriction or other recorded document to which the county is a party that limits the use of the dwelling to affordable housing, or otherwise prohibits use as a short-term rental.
61.05.10.1.2 SB9 California H.O.M.E. Act. Dwellings on lots approved pursuant to Section 66411.7 of Chapter 1 of Division 2 of Title 7 of the California Government Code (SB 9 – “The California H.O.M.E. Act”) shall not be permitted as short-term rentals.
61.05.10.1.3 Accessory Dwelling Unit. ADUs permitted after January 1, 2020, shall not be permitted as short-term rentals.
61.05.10.1.4 Alternative Owner Builder. Dwellings permitted pursuant to the Alternative Owner Builder (AOB) provisions of Section 331.5-4 shall not be permitted as short-term rentals.
61.05.10.1.4.1AOB dwellings may be permitted after the fact, pursuant to the building code in effect at the time of original permit issuance. A short-term rental permit application may be submitted concurrently with the building permit application. The permit for the short-term rental shall not be approved until after the certificate of occupancy is issued by the Building Division.
61.05.10.2 Short-Term Rental Permit Limitations. ¶
61.05.10.2.1 Short-Term Rental Cap. The total number of short-term rentals shall be limited.
61.05.10.2.1.1Not more than two percent (2%) of the overall housing stock may be permitted as short-term rentals in the Coastal Greater Humboldt Bay Area Short-term Rental Cap Area which is comprised of the following Coastal Plan Areas: Trinidad Area Plan [AP], McKinleyville AP, Humboldt Bay AP and the Eel River AP. In addition to the two percent (2%) cap on short-term rentals in the Greater Humboldt Bay Area, not more than two percent (2%) of housing stock within each Coastal Area Plan can be used for shortterm rentals. Big Lagoon Park Subdivision/Big Lagoon Estates Subdivision (along Roundhouse Creek Road and Ocean View Drive) shall be included within the Trinidad AP for purposes of applying the cap. Farm-stays and homes listed on the local, State, or Federal historic registry are exempt from the cap.
61.05.10.2.1.2Not more than five percent (5%) of the overall housing stock outside of the Greater Humboldt Bay Area Short-term Rental Cap Area may be permitted as short-term rentals with the exception of Shelter Cove which has no limit. If the cap is exceeded, a short-term rental may be approved with a special permit.
61.05.10.2.1.3In areas where the cap applies, applications for existing short-term rentals can be submitted for sixty (60) days from the effective date of the ordinance codified in this section. The Department shall assess the status of the cap within ninety (90) days of the effective date of the ordinance codified in this section. No applications for new permits will be accepted within the area subject to the cap within ninety (90) days of the effective date of the ordinance codified in this section.
61.05.10.2.2 Nontransferable. Short-term rental permits shall not be transferred between property owners.
61.05.10.2.3 Per Person Limit. An individual or business shall not own more than three (3) parcels with short-term rental permits.
61.05.10.2.4 Resource Zone Districts. Short-term rentals in Agriculture Exclusive Zone, Commercial Timberland Zone, and Timberland Production Zone may only be permitted as farm stays.
61.05.10.2.5 No Violations. A permit shall not be issued on a parcel with active violations.
61.05.10.3 Standards for Short-term Rentals. ¶
61.05.10.3.1 Health and Safety. Exception to standards in Sections 313-61.05.10.3.1.3 and 313-61.05.10.3.1.4 may be sought with a special permit.
61.05.10.3.1.1 Building and Fire. ¶
61.05.10.3.1.1.1Dwellings shall be permitted or legal nonconforming.
61.05.10.3.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the short-term rental.
61.05.10.3.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
61.05.10.3.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
61.05.10.3.1.3.1 Road Maintenance Association (RMA). If a private access road has an established RMA, the permit-holder shall be a member in good standing.
61.05.10.3.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
61.05.10.4 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
61.05.10.4.1Name and telephone number for a caretaker who shall:
61.05.10.4.1.1Respond to all questions or concerns timely.
61.05.10.4.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code, timely.
61.05.10.4.2Location of the approved parking spaces.
61.05.10.4.3Permit standards.
61.05.10.4.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
61.05.10.4.5Traffic etiquette guidelines.
61.05.10.5 Lighting. No direct light shall spill onto adjacent properties or create glare above the property.
61.05.10.6 Neighborhood Quality and Public Nuisance. These provisions apply to parcels that are within a Community Plan Area, are less than ten (10) acres in area, and where the short-term rental is located within one thousand (1,000) feet of the nearest neighboring residence. Exception to standards in subsections 61.05.10.6.1 through 61.05.10.6.2.5 may be sought with a special permit.
61.05.10.6.1 Per Parcel Limit. One short-term rental may be permitted per legal parcel.
61.05.10.6.2 Neighborhood Concentration. Each short-term rental may not exceed the following neighborhood concentration limitations, except within the Shelter Cove Community Plan Area where this standard does not apply:
61.05.10.6.2.1Parcels with a General Plan density of one (1) or more dwelling units per acre:
61.05.10.6.2.1.1Short-term rentals shall not exceed ten percent (10%) of the dwellings on the access road (one (1) dwelling for roads with less than ten (10) dwellings); and
61.05.10.6.2.1.2There shall not be another short-term rental within six hundred (600) feet of the proposed short-term rental, measured as a six hundred (600) foot radius from the center of the dwelling used for the short-term rental.
61.05.10.6.2.2Parcels with a General Plan density of less than one (1) dwelling unit per acre:
61.05.10.6.2.2.1Short-term rentals shall not exceed twenty percent (20%) of the dwellings on the access road (one (1) dwelling for roads with less than five (5) dwellings).
61.05.10.6.2.3 Private Gatherings and Parties. Gatherings and parties shall have no more than twice the maximum occupancy of the short-term rental, only allowed during the hours of 8:00 a.m. to 10:00 p.m. (not eligible for stay). If gatherings are intended, they must be included in the application for the short-term rental and the application must include provisions for parking, which can be on-street where allowed.
61.05.10.6.2.4 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
61.05.10.6.2.4.1Following one (1) or more noise complaint(s) for a short-term rental, the permit holder shall install noise sensors and provide recorded data to the Planning and Building Department upon request.
61.05.10.6.2.5 Parking. Each short-term rental shall provide one off-street parking space per rented bedroom. Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required.
61.1 SOLID WASTE DISPOSAL ¶
61.1.1 Purpose. The purpose of these regulations is to ensure that proposed solid waste disposal projects shall be sited and developed to avoid or minimize harmful effects to human health, natural resources and scenic resources. (Former Section CZ#A314-34(A))
61.1.2 Applicability. These regulations shall apply in all zones in which the Solid Waste use type is permitted, including but not limited to proposed expansions at existing solid waste disposal sites, and to proposed new project sites. (Former Section CZ#A314-34(B))
61.1.3 Supplemental Application Materials. In addition to materials required pursuant to the Permit Procedures in Chapter 2 of this Code, applications for solid waste disposal projects shall include a solid waste disposal plan, which shall include: (Former Section CZ#A314-34(C))
61.1.3.1Estimates of the quantity of waste to be disposed of and the area and volume required for disposal, on an annual basis, including five (5) and ten (10) year projections; (Former Section CZ#A314-34(C)(1))
61.1.3.2Description of toxicity and harmful effects on people, plants, and animals of material to be disposed of; (Former Section CZ#A314-34(C)(2))
61.1.3.3Site alternatives and description of impacts associated with each, a list of possible future uses for each of the sites considered, and a list of uses which would not be possible after project completion; (Former Section CZ#A314-34(C)(3))
61.1.3.4Relationship of this disposal project to other disposal projects in the area; (Former Section CZ#A314-34(C)(4)
61.1.3.5A monitoring and mitigation program to insure the prevention of damage to soil, plant and animal life, and surface and subsurface water supplies; (Former Section CZ#A314-34(C)(5))
61.1.3.6A reclamation and restoration plan, including descriptions of recontouring, revegetation, visual buffering during and after the project; and (Former Section CZ#A314-34(C)(6))
61.1.3.7Assessment of conformity with the Humboldt County Solid Waste Management Plan. (Former Section CZ#A314-34(C)(7))
61.1.4 Required Findings. Solid waste disposal projects shall be approved only if the applicable Civic Development Impact Findings in this Code are made. (Former Section CZ#A314-34(D))
61.1.5 Compliance with Applicable Laws. It should be noted that any solid waste disposal facility must, in addition to complying with these zoning regulations, comply with all applicable Federal, State and local laws related to solid waste disposal.
61.2 SURFACE MINING AND RECLAMATION ¶
61.2.1 Purpose, Intent and Findings. This section explains why these rules are in the Humboldt County Code. If there is something in these sections that is not clear, and that needs to be interpreted, the “purposes and intent” of the Board, as explained in this section, should be used so that any interpretation follows these purposes and carries out these intentions. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1 Purpose and Intent. The purpose of this Chapter is to implement the provisions of the California Surface Mining and Reclamation Act of 1975, as most recently amended, and the California Coastal Act, as amended (see Public Resources Code Section 30000 and following) for reclamation plan, use permit, and mining permit purposes only. This Chapter shall not govern the issuance of a coastal development permit. Coastal Development Permits shall either be reviewed by the Coastal Commission for development within the Commission’s retained coastal development permit jurisdiction pursuant to the Coastal Act, or by the County or the Commission on appeal for development within the County’s coastal development permit jurisdiction pursuant to the certified Local Coastal Program standards governing the issuance of coastal development permits. The State Surface Mining law is found in the Public Resources Code, at Section 2207 and Section 2710 and following. In this ordinance this State law will be referred to as the “Act”, or as “SMARA.” The Surface Mining Regulations are found in Title 14 of California Code of Regulations, at Sections 3500 and following, and in this ordinance are referred to as the “state regulations”. As stated in the Act, and also hereby stated by this Board, it is the intent of the Board of Supervisors to: (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96; Amended by Ord. 2254, Sec. 1, 09/04/2001)
61.2.1.1.1protect the quality of the County’s environment; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.2encourage the conservation and production of known or portential mineral deposits for the economic health and well-being of society; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.3regulate surface mining operations so as to prevent or minimize adverse environmental effects of surface mining; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.4provide for the reclamation of mined lands; and (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.5reduce or eliminate hazards to public health and safety due to surface mining operations. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2 Findings. The Board hereby finds and declares that: ¶
61.2.1.2.1the extraction of minerals is essential to the continued economic well-being of the County and the needs of society. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.2the rehabilitation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.3the reclamation of mined lands as provided in this ordinance will allow the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.4that surface mining takes place in diverse areas where geologic, topographic, climatic, biological, and cultural requirements are significantly different and that reclamation operations and the specifications therefore may vary accordingly. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.5that surface mining may take place in the Coastal Zone of the County only if surface mining is consistent with the Coastal Act and/or the applicable certified Local Coastal Program. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96; Amended by Ord. 2254, Sec. 1, 09/04/2001)
61.2.2 Incorporation of State Law and Regulations by Reference. ¶
61.2.2.1 Reason. This Board has determined that one (1) of the most efficient and easiest methods to ensure that this County’s SMARA ordinance is written as required by State alw is to “incorporate by reference” the provisions of State law. This avoids the possibility that any provision of State law will be overlooked or inadvertantly misstated in this ordinance. It also avoids the need to amend this ordinance every time the State amends the State law, because those changes will, in most cases, automatically become a part of this section of the Code (however, see note below for exceptions).
NOTE: WHENEVER YOU MUST COMPLY WITH STATE OR LOCAL SMARA REGULATIONS, YOU WILL NEED TO GET A COPY OF THE STATE LAW AND REGULATIONS AND FOLLOW THOSE RULES. THIS ORDINANCE CONTAINS SOME SECTIONS IN ADDITION TO STATE LAW WHICH EXPLAIN HOW THE RULES WORK IN HUMBOLDT COUNTY. IF STATE LAW IS DIFFERENT THAN THESE LOCAL RULES, STATE LAW SHOULD BE FOLLOWED, UNLESS THE RULES IN THIS LOCAL ORDINANCE ARE MORE RESTRICTIVE ON MINING OPERATIONS, IN WHICH CASE THE STATE LAW THAT SAYS THAT THE MORE RESTRICTIVE SECTIONS OF THIS ORDINANCE MUST APPLY. (Added by Ord. 2117, Sec. 2, 5/28/96)
(Ord. 2117, § 2, 5/28/1996)
61.2.2.2 Incorporation of State Law and Regulations by reference. The County of Humboldt hereby incorporates by reference, as if fully set forth herein, the State Surface Mining and Reclamtation Act of 1975, and all amendments to that Act, which are currently set forth in Public Resources Code, Section 2207 and Section 2710 and following. Further incorporated herein by reference are the State Regulations adopted by the State to implement the Act, as amended from time to time by the State.
The regulations are currently set forth in Title 14 of the California Code of Regulations at Sections 3500 and following, Section 3700 and following (“reclamation standards”), and Section 3800 and following (“financial assurances”), and are also referred to in this ordinance as the “state regulations”. (Added by Ord. 2117, Sec. 2, 5/28/96)
Further, the California Coastal Act and implementing regulations are hereby incorporated by reference, as if fully set forth herein, including but not limited to Public Resources Code Section 30000 and following. (Added by Ord. 2117, Sec. 2, 5/28/96)
Any reference in this ordinance to compliance with this “Chapter” also means compliance with all incorporated laws and regulations. Some provisions of state law are restated in this ordinance, and some are not. State law and regulations apply to mining operations, whether or not those laws and regulations are restated herein. (Ord. 2117, § 2, 5/28/1996)
61.2.3 Limitations on Specified Activities. ¶
61.2.3.1 Reasons for limitations. The following activities are regulated by both State and local laws and regulations. The following limitations restate those environmental protections contained in the former County SMARA ordinance in order to ensure the continuation of the following protections. (Ord. 2117, § 2, 5/28/1996)
61.2.3.2 “Stream bed Skimming.” State law contains an exception for non-commercial excavations or grading conducted for the purposes of farming, on-site construction, or restoring land following a flood or natural disaster at Section 2714(a) of the State Act. Consistent with the County’s prior ordinance governing mining operations, such activities are excepted only to the extent that the mining operation does not exceed the one time, one acre, one thousand cubic yard exception contained in current Section 2714(d) of the Act. This section shall not apply to timber operations which are governed by Section 2714(j) of the Act. (Former Section CZ#A31436(K); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.3.3 Drainage, Erosion and Sediment Control. In addition to the “performance standards” set forth in Section 3706 of the Regulations, final grading and drainage shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations. Note that subdivision (c) of Section 3706 of the Regulations requires compliance with Regional Water Quality Control Board or the State Water Resources Board for water discharge standards. (Former Section CZ#A314-36(F)(2)(h)(iii); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4 Use Permit.
61.2.4.1 Application. ¶
61.2.4.1.1 Filing procedure. An application for a Use Permit for a mining operation shall be submitted to the County Planning Division on forms furished by that division and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planing Division. As may be required, supplemental information shall be provided in Appendices to the application forms in the following format: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.1Appendix A = Project Description, including the date of commencement of the project, the duration of the project, and the anticipated date of completion (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.2Appendix B = Property Documentation (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.3Appendix C = Reclamation Plan (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.4Appendix D = Environmental Assessment (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.5Appendix E = Maps and Illuistrations (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.2 Filing Fee. Each application shall be accompanied by a filing fee in an amount to be set from time to time by the Board of Supervisors. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.3 Acceptance. An application will not be accepted by the Planning Division as complete until the applicant sets forth the required information in sufficeint detail to the satisfaction of the Department. When the Department receives all of the information which it requires, the Department shall notify the applicant that the application is accepted as complete pursuant to this section. Acceptance of an application as complete does not constitute an indication of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.4 Preliminary Reviews. In order to expedite processing, prior to submitting the completed application, Appendix C, the Reclamation Plan, and Appendix D, the Environmental Assessment may be submitted in draft form for preliminary review purposes. However, there is a fee for preliminary reviews, an no final decisions will be made on the application until the project has been reviewed in its complete form. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2 Procedure for Review and Action on Applications. ¶
61.2.4.2.1 Review. The Planning Division will review the use permit application for accuracy and completeness, and will coordinate the review with other County and public agencies. Unless for some reason it is not posible, the use permit required by this section, and the reclamation plan required by the next section shall be considered together as one application. Applicants should note that any documents required for environmental review pursuant to the Califorinia Environmental Quality Act must also be processed in a timely manner to avoid any delays in the application. Applicants should discuss with the Department any questions thay may have about the required environmental reviews. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.2 Public Hearing. Upon completion of the review process, a public hearing shall be held before the Planning Commission. Notice of the public hearing shall be given in accordance with Humboldt County Code. Notification shall also include, at a minimum, property owners within three hundred (300) feet of the property lines of the parcels on which mining operations will occur, and fifteen hundred (1500) feet from the location of any processing plant. Notification shall also be provided to property owners affected by the mining operation and affected haul routes as provided by Section 2530 of Chapter 3 of the Framework Plan of the County’s General Plan. The notice shall specifically identify each issue to be considered at the hearing. The purpose of the hearing shall be to consider the applicant’s request and to approve, conditionally approve, or deny the issuance of a Use Permit. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3 Approval or Denial. In addition to any findings required for a Use Permit by this County Code, the Planning Commission shall approve or approve with conditions the issuance of a use permit if the evidence presented supports the conclusions of subsections 61.2.4.2.3.1. and 61.2.4.2.3.2: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3.1That the application and supporting documents adequately describe the proposed surface mining operation, and adequate measures are incorporated to mitigate the probable or known significant environmental effects which have been or may be caused by the proposed operation. (This section is intended to remind applicants of the requirements for compliance with the California Environmental Quality Act (CEQA), which complicance is required before any permits may be issued); and (Former Section CZ#A31436; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3.2That the proposed use and location of the surface mining operation is properly located in accordance with the General Plan and any relevant element thereof, to the community as a whole, and to other land uses in the vicinity. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3.3If the Planning Commission determines that the findings of subsections 61.2.4.2.3.1 and 61.2.4.2.3.2 cannot be made, it shall so state and deny the application. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.4 Conditions of Approval. The Planning Commission shall, as is necessary to conform with the provisions of this ordinance, the Act and Regulations, and other applicable laws, provide that the issuance of the use permit shall be contingent upon acceptance and observance of specified reasonable conditions related to surface mining operations, including the approval of a complete and final reclamation plan and financial assurances. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.5 Commencement of Operations. An operator shall commence a surface mining operation not later than one (1) year, or such longer period as may be agreed to between the County and Applicant, from the date of issuance of a use permit, approval of the - reclamation plan (see Section 313 61.2.5), and approval of financial assurances, whichever is later. Failure to commence diligent operations within the one (1) year period, or otherwise agreed to period, renders the use permit void. This section shall not apply to those surface mining operations which, after obtaining a use permit, comply with any relevant provisions of Section 313-61.2.7 relating to idle mines. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.6 Term. Mining permits shall be granted for a period of not less than three (3) years and not more than fifteen (15) years. The term of the permit is a discretionary decision which should be governed by the life expectancy of the operation, and any special circumstances releated to the operation which would make appropriate a more frequent or less frequent review of the operation shall be stated in the grant of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
Upon written request to the Zoning Administrator, before expiration of the original permit, the permit may be reissued for a period equal to that grant of the original permit so long as the permit holder establishes to the satisfaction of the Zoning Administrator, or on appeal to the Board of Supervisors, that the use has been conducted in compliance with permit conditions. (Former Section CZ#A31436; Amended by Ord. 2117, Sec. 2, 5/28/96)
If the law or circumstances of the mining operation have changed from the time the permit was originally issued, any new conditions or requirements determined by the Zoning Administrator, or the Board of Supervisors on appeal, to be necessary for compliance with the laws, regulations or changed circumstances may be added to or modified in the reissued permit. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
This section does not establish any right by an operator to continue operating in any particular manner, or at all, at the end of the initial term of the permit originally issued, or any extension thereof. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.7 Rights of Successors. Any use permit issued for a surface mining operation shall run with the land affected thereby and conditions shall be binding upon all succcessors, heirs, and assigns of the operator. (Former Section CZ#A314-36(H)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.8 Revocation. Permits or any other grant of authority for activities undertaken pursuant to this Chapter may be revoked or suspended as any other permit, in accordance with current Chapter 2, Procedures, or any other applicable provision of the County Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5 Reclamation Plan. ¶
61.2.5.1 Submittal for Approval. ¶
61.2.5.1.1 Filing Procedure. A reclaimation plan required by this Chapter shall be submitted to the County Planning Division and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planning Division. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.1.2 Filing Fee. ¶
61.2.5.1.2.1For a reclamation plan filed as part of a use permit application, there shall be no filing fee. (The fee is already submitted as - part of the use permit application, which has its fees authorized under Section 313 61.2.4) (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.1.2.2All other reclamation plans filed for review and approval shall be accompanied by a filing fee in the amount to be set from time to time by the Board of Supervisors. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.1.3 Acceptance. A reclamation plan filed under the foregoing paragraphs of this section will not be accepted by the Planning Division as complete until it sets forth the required information in sufficient detail to the satisfaction of the Division. The Department shall then notify the person submitting the plan that it is accepted as complete for review pursuant to Section 313-61.2.9. Accepance of a reclamation plan does not consitute an indication of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2 Procedure.
61.2.5.2.1 Review. ¶
61.2.5.2.1.1The Planning Division will review the reclamation plan for accuracy, adequacy, and completeness, and will coordinate the review with other County and public agencies. The Planning Division shall, in compliance with Section 2774 of the Public Resources Code, submit a copy of the proposed reclamation plan to the State Department of Conservation and any comments received from that Department shall be uincorporated into the review. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.1.2In accordance with Section 2774 of the Act, there shall be at least one public hearing on every reclamation plan, as well as for proposed substantial amendments to previously approved reclamation plans. The hearing on the reclamation plan may be combined with a public hearing on other aspects of the project, so long as all notices clearly specify that the reclamation plan will be one (1) of the subjects of the hearing. Notice of the public hearing shall be given in accordance with subsection 313-61.2.4.2.2. The purpose of the hearing shall be to receive comments from interested parties, and to assure compliance with Section 2774(a) of the Public Resources Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.2 Approval or Disapproval. The Planning Commission shall approve or approve with conditions the reclamation plan if the evidence presented establishes that the reclamation plan and supporting documents meet all of the conditions and requirements of SMARA, including but not limited to Sections 2772 and 2773(a) of the Act and Section 3502 and following of the State Regulations, and any additional County requirements for reclamation. Otherwise the Commission shall deny the application. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3 Conditions of Approval. The Planning Commission shall, to the extent necessary to conform with the provisions of this ordinance and with Section 2773.1 of the Public Resources Code, apply conditions to the approval of the reclamation plan. Such conditions shall include, but not be limited to: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.1The meeting or exceeding of the minimum, verifiable statewide reclamation standards which may be adopted from time to time by the State Mining and Geology Board pursuant to Section 2773(b) of the Public Resources Code, including but not limited to California Code of Regulations Section 3500 and following and Section 3700 and following, or any successor provisions thereto. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
erifiable statewide reclamation standards which may be adopted from time to time by the State Mining and Geology Board pursuant to Section 2773(b) of the Public Resources Code, including but not limited to California Code of Regulations Section 3500 and following and Section 3700 and following, or any successor provisions thereto. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.2The entering into agreement between the Operator and the County whereby financial assurances are provided by the Operator to assure the reclamation of all mined lands in the event of default by the Operator. Such financial assurances shall be made in the form, manner and timing as is required by State law and Regulations. See, current Section 2773.1 of the Act, and Section 3800 and following of the Regulations, which provide that the financial assurances shall be made payable to the County and the Director of the Department of Conservation, and shall be limited to the following forms: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.2.1Surety bonds;
61.2.5.2.3.2.2Irrevocable letters of credit;
61.2.5.2.3.2.3Trust funds; and
61.2.5.2.3.2.4Other forms of financial assurances specified by the State Mining and Geology Board pursuant to the Public Resources Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.3The right of access to the mined lands by County staff and their agents, and of authorized employees of the Department of Conservation in the performance of their enforcement responsibilities, including but not limited to inspections to determine compliance with any permit, permit conditions or approved reclamation plan; and, (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.4A statement that all permit conditions, reclamation plan contents and requirements and financial assurances shall run with the land and shall be legally binding on all successors, heirs, and assigns of the Operator, and the landowner, if they are different. The landowner, and the operator, if they are not the same person, shall sign a “Statement of Responsibility”, which is a required part of the reclamation plan materials, acknowledging and accepting responsibility for full implementation and perfomance of all aspects of any applicable reclamation plans. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
wner, if they are different. The landowner, and the operator, if they are not the same person, shall sign a “Statement of Responsibility”, which is a required part of the reclamation plan materials, acknowledging and accepting responsibility for full implementation and perfomance of all aspects of any applicable reclamation plans. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.4 Amendments. Amendments to an approved reclamation plan may be submitted which detail proposed deviations. If in the judgement of the Director such amendments do not constitute a substantial change in the approved reclamation plan, such amendments may receive a summary approval by the Planning Division. If, however, in the judgement of the Director, the amendments substantially deviate from the approved reclamation plan, then the request for amendment shall be submitted and processed for approval with the same considerations as a first submittal under this subsection 61.2.5.2, and the preceeding subsection 61.2.5.1. Any party aggrieved by the decision of the Director may appeal the decision in accordance with the appeal provisions of the County Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.6 Legal Vested Mining Operations. ¶
61.2.6.0This section is applicable to local vested rights determinations and is not applicable to vested rights determinations for purposes of Coastal Development Permit requirements. The California Coastal Commission, rather than the certified local government, shall administratively adjudicate all vested right determinations for purposes of coastal development permit requirements pursaunt to the Coastal Act and all other applicable law. (Ord. 2254, § 1, 9/4/2001)
61.2.6.1 Continuance and Modification. Subject to the limitations of law, including but not limited to those expressed in this chapter and in the Act and Regulations, the operator of a legal vested surface mining operation may continue, provided that the operation does not undergo substantial alteration, expansion, or modification. (Former Section CZ#A314-36(VI)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.6.2 Special Permit Requirements. A person who has obtained a vested right to conduct surface mining operations shall submit an application for a special permit which includes a reclamation plan that was prepared in compliance with the requirements of this ordinance, and all other local, state, and federal laws and regulations, to the Planning Division for review and approval. (Former Section CZ#A314-36(VI)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
The reclamation plan shall provide for the reclamation of the area disturbed by surface mining operations mined after January 1, 1976. No substantial changes shall be made in the operation during the period in which the reclamation plan is being considered for approval. (Former Section CZ#A314-36 (VI)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.6.3 All other Requirements Applicable. Only the use permit requirements of this ordinance are not applicable to vested operations. All operations, vested or otherwise, must meet all requirements for reclamation plan and financial assurances except to the extent that such plans or assurances are not required by state law or regulations. (For example, Section 2776 of the Act does not require the reclamation plan to include certain portions of the property which were impacted solely by mining operations which occurred prior to January 1, 1976.) See Section 2773.1 for the current requirements for financial assurances. (Former Section CZ#A314-36(VI)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7 Idle Mines. ¶
61.2.7.1 Interim Management Plan. Within 90 days of a surface mining operation becoming idle, as defined in the Act (see current Sections 2727.1 and 2770(h)), the operator shall submit to the Planning Division for review and approval an interim management plan, accompanied by any required fees. The interim management plan shall describe measures the operator will implement to maintain the site in compliance with the State Act and Regulations, with this ordinance, and with all permit conditions. Any applicable fees shall be submitted with the plan. (Former Section CZ#A314-36(VII)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.2 Term of the Plan. The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the County shall do one (1) of the following: (Former Section CZ#A314-36(VII)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.2.1Renew the interim management plan for no more than one additional period not to exceed five (5) years provided the County finds that the operator has fully complied with the interim management plan; or, (Former Section CZ#A314-36(VII)(B)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.2.2Require the operator to comence reclamation in accordance with the approved reclamation plan. (Former Section CZ#A31436(VII)(B)(2) Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.3 Financial Assurances. Financial assurances as required by the Act, Regulations and this ordinance shall remain in effect during the period the surface mining operation is idle. (Former Section CZ#A314-36(VII)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.4 Interim Management Plan Approval. The receipt of an interim management plan by the Planning Division shall be considered and processed as an amendment to the approved reclamation plan. Section 2770(h) of the Act provides that the review and approval of the interim management plan is not a project for the purposes of CEQA. (Public Resources Code Section 21000 and following.) (Former Section CZ#A314-36(VII)(D); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.5 Forfeiture of Use Permit. The operator of a surface mining operation which has been abandoned, as defined in State and local SMARA law and regulations, for a period exceeding one (1) year shall forfeit the use permit and commence reclamation in accordance with the approved reclamation plan. (Former Section CZ#A314-36(VII)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.8 Intermittent Operations. Intermittent operations, as defined in Section 3500 of the Regulations are subject to all of the same rules and regulations governing active operations, unless the operation meets the definition under SMARA as an “idle” operation, in which case the provisions governing idle mines apply. (Former Section CZ#A314-36(VIII); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9 Administration and Enforcement.
61.2.9.1 Time Limitations. ¶
61.2.9.1.1 Use Permit and Reclamation Plan Applications. Upon receipt of an application for a Use Permit and/or a reclamation plan for a surface mining operation, the Planning Division shall notify the applicant within 30 days as to the adequacy and completeness of the application. (Former Section CZ#A314-36(IX)(A)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.1.2 Time for Review. The review procedure, including the holding of the pulic hearing, shall be completed within one hundred twenty (120) days of the filing of the complete reclamation plan (this time frame allows 30 days for the State agency review of the plan, 45 days for the State review of the financial assurances, and 30 days for the processing time by County staff after the State responses have been received; all reasonable efforts will be made by County staff to process projects as quickly as possible). Compliance with this requirement shall be subject to time constraints imposed by Section 2774(d) of the Public Resources Code and the California Environmental Quality Act (CEQA). A failure by the State or County to meet these deadlines shall not result in automatic approval of the plan or project. (Former Section CZ#A314-36(IX)(A)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.2 Simultaneous Processing. Applicants are urged to submit all required applications and supporting documents at the same time. In the event that an application for a use permit for a surface mining operation and a reclamation plan are submitted for approval pertaining to the same project, then review and processing of the reclamation plan shall occur simultaneously with that of the use permit application. Either concurrent with or prior to the issuance of a use permit, the reclamation plan shall have been approved. Submitting all required documentation for simultaneous processing may avoid multiple hearings and may reduce the time and cost of processing the applications. It should be noted that Section 2772(b) of the Act requires that “all documenation for the reclamation plan shall be submitted to the lead agency (County) at one time.” (Former Section CZ#A314-36(IX)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.3 Public Record. Applications, reclamation plans, interim management plans and other documents submitted in support of this Chapter are public records unless it is demonstrated to the satisfaction of the County that the release of such information, or any part thereof, would reveal reserves, production, or rates of depletion entitled to protection as proprietary information. The County shall identify such proprietary information as a separate part of the application, and such proprietary information shall be made available only to the State Geologist and to persons authorized to receive such proprietary information. Such authorization shall be presented to the County in writing by the operator. (Former Section CZ#A314-36(IX)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4 Inspection and Review. ¶
61.2.9.4.1 Operations. The Director shall cause periodic inspections to be made of each surface mining operation to assure the compliance with all permit conditions and requirements (including but not limited to those of the reclamation plan, if applicable at the time of inspection), if any, and with local and state law and regulations. The maximum interval between inspections shall be one year. (Former Section CZ#A314-36(IX)(D)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4.2 Reclamation Plans. In accord with Section 2774(b) of the Public Resources Code, the Director shall cause an annual inspection of each surface mining operation to be made to determine whether the surface mining operation is in compliance with the Act, State Regulations, this ordinance and any applicable permit conditions. Such inspection shall be conducted using a form provided by the State Department of Conservation for that purpose, and shall be conducted no later than six (6) months after receiving the surface mining operation’s annual report submitted pursaunt to Section 2207 of the Public Resources Code and Paragraph 61.2.9.5. (Former Section CZ#A314-36(IX)(D)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4.3 Interim Management Plan. The Director shall cause periodic inspections to be made of each idle mine with an approved interim management plan. Such inspections shall be to assure the compliance with the interim management plan and shall be in accord with Paragraph 61.2.9.4.2, if applicable. The maximum interval between inspections shall be one year. (Former Section CZ#A314-36(IX)(D)(3); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4.4 Cost of Inspections. The cost of any inspection(s) required by Paragraph 61.2.9.4.2 shall be borne by the operator. In causing the performance of these inspections, the Director may implement procedures which are consistent with good practice and which will minimize the costs of inspection. (Former Section CZ#A314-36(IX)(D)(4); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.5 Annual Report. In compliance with Section 2207 of the Act, the owner, manager or other person in charge of any surface mining operation shall forward an annual report to the Director of the State Department of Conservation on forms furnished by the State Mining and Geology Board. Such annual report shall be in accord with the instructions included with the forms, and shall include all information required by the Act (see Section 2207(a)), State Regulations, and this ordinance. The designated copy shall be submitted to the County Planning Division on or before the anniversary date established by the Director of the State Department. (Former Section CZ#A314-36(IX)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)
cord with the instructions included with the forms, and shall include all information required by the Act (see Section 2207(a)), State Regulations, and this ordinance. The designated copy shall be submitted to the County Planning Division on or before the anniversary date established by the Director of the State Department. (Former Section CZ#A314-36(IX)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.6 Appeals. Decisions of the Director, Zoning Administrator, or Planning Commission required by this Chapter may be appealed in the manner set forth in the Humboldt County Code. An applicant, whose request for a permit to conduct surface mining operations in an area of regional or statewide significance has been denied by County action, or any person who is aggrieved by the granting of a permit to conduct surface mining operations in an area of statewide or regional significance may, within fifteen days of exhausting his rights to appeal in accordance with this section, may appeal to the State Mining and Geology Board in accordance with the provisions of Section 2775 of the Public Resources Code. (Former Section CZ#A314-36(IX)(F); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7 Enforcement. ¶
61.2.9.7.1 Violation-Public Nuisance. Any violation of this chapter is unlawful and is hereby deemed to be a public nuisance, and shall be abated, eliminated and enjoined as provided by the Humboldt County Code and/or any other provision of law. Any person or entity operating without legal authorization shall cease activities immediately. (Former Section CZ#A314-36(IX)(G)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2 Violation-Noncompliance. ¶
61.2.9.7.2.1If the Director should determine that a permitted or otherwise legally authorized operator is not in compliance with the provisions of this Chapter, the County, in conformance with Section 2774.1(a) of the Public Resources Code, shall, to the extent feasible with the resources available to the County, notify the operator of that violation by personal service or certified mail. If the violation extends beyond 30 days after the date of the County’s notification, an order shall be sent by personal service or certified mail requiring the operator to comply with this Chapter, or, if the operator does not have an approved reclamation plan or financial assurances, cease all further mining activities. See, Section 2774.1(a) of the Act. (Former Section CZ#A314-36(IX)(G)(2)(a); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.2An order issued under subsection 61.2.9.7.2.1, shall not take effect until the operator has been provided a hearing before the Planning Commission concerning the alleged violation. Any order issued under subsection 61.2.9.7.2.1 shall specify which aspect of the surface mine’s activities or operations are inconsistent with this Chapter and shall specify a time for compliance, and shall set a date for the hearing, which shall not be sooner than 30 days after the date of the order. (Former Section CZ#A314-36(IX)(G)(2)(b); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.3Any operator who violates or fails to comply with an order issued under Paragraph 61.2.9.7.2.1 after the order’s effective date shall be subject to an order by the County or the State Director imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with any provision of Chapter 9 of Division 2 and/or Section 2207 of the Public Resources Code. (Former Section CZ#A314-36(IX)(G)(2)(c); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.4Any operator who fails to submit a timely report to the Planning Division pursaunt to subsection 313-61.2.9.5 of this section, and Section 2207 of the Public Resources Code, shall be subject to any order issued by the County imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with subsection 313-61.2.9.5, and/or Section 2207 of the Public Resources Code. (Former Section CZ#A314-36(IX)(G)(2)(d); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.5If the State Department of Conservation notifies the Planning Division of any known or apparent violations or noncompliance with the Act in writing, and subject to the limitations in Section 2774.1 of the Public Resources Code, the County shall have primary jurisdiction and reponsibility of administering this Chapter and the State Act and Regulations. . (Former Section CZ#A314-36(IX)(G)(2)(e); Amended by Ord. 2117, Sec. 2, 5/28/96)
ion notifies the Planning Division of any known or apparent violations or noncompliance with the Act in writing, and subject to the limitations in Section 2774.1 of the Public Resources Code, the County shall have primary jurisdiction and reponsibility of administering this Chapter and the State Act and Regulations. . (Former Section CZ#A314-36(IX)(G)(2)(e); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.3Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, including, but not limited to, the use permit revocation proceedings. . (Former Section CZ#A314-36(IX)(G)(3); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10 Mining Permit Standards. In addition to meeting the minimum acceptable surface mining and reclamation practices in the State Act and Regulations, each surface mining operation shall be designed and conducted to meet the operational standards of this Section. Conditions may be imposed on mining permits to ensure compliance with minimum acceptable practices and standards. Operators authoirzed by a permit shall be conducted only by the operator or an authorized agent. Additional standards are set forth in the Act and Regulations. See, for example, Section 3700 and following, “Reclamation Standards.” (Former Section CZ#A314-36(X); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.1 Access Roads. All private encroachments leading to a surface mining operation shall be adequately surfaced to prevent aggregate or other materials from being drawn onto the public way. (Former Section CZ#A314-36(X)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.2 Dust Suppression. All haul roads and driveways shall be maintained as necessary to minimize the emission of dust and prevent the creation of a nuisance to adjacent properties. (Former Section CZ#A314-36(X)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.3 Discharge Waters. Any waters discharged from the mined lands shall meet all applicable water quality standards of the Regional Water Quality Control Board and other agencies with authority over such discharges. (Former Section CZ#A314-36(X)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.4 Erosion Control. Adequate measures shall be taken to assure the prevention of erosion from mined lands and adjacent properties during the life of the operation. The reclamation plan shall assure the prevention of erosion subsequent to surface mining operations. (See also, Section 313-61.2.3.) (Former Section CZ#A314-36(X)(D); Amended by Ord. 2117, Sec. 2, 5/28/96) (Ord. 2733, § 2, 3/5/2024; Ord. 2757, § 2, 3/11/2025)
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61.05 SHORT-TERM RENTALS ¶
61.05.1 Purpose. The purpose and intent of this section (the “Short-term Rental Ordinance”) is to protect and promote the public health, safety and welfare, protect and maintain the overall quality of the coastal zone environment and its natural and human made resources, assure orderly, balanced utilization and conservation of coastal zone resources, maximize public access to and along the coast, support tourism and economic development, minimize the loss of housing stock available to long-term renters, preserve the quality of neighborhoods, and balance the needs and rights of property owners, tenants, and neighbors.
61.05.2 Applicability. These provisions apply when dwelling units are used as short-term rentals.
61.05.3 Allowed Zones. Short-term rentals may be permitted in zoning districts where residential use is a permitted use subject to these regulations.
61.05.4 Application. In addition to all materials required for a permit pursuant to Section 312-5.2, a complete application for a shortterm rental permit shall include the following:
61.05.4.1Current grant deed for the subject parcel.
61.05.4.2 Good Neighbor Guide. ¶
61.05.4.3Affidavit signed by the permit holder confirming delivery of the Good Neighbor Guide to all neighbors in the closest ten (10) dwellings and within three hundred (300) feet up and down the street, if applicable.
61.05.4.4Evidence of property owner consent if the permit-holder is someone other than the property owner. If the property owner withdraws consent at any time when the permit is active, the permit is immediately revoked.
61.05.4.4.1Where the owner is an LLC or other corporation, the ownership of the corporation(s) shall include the people who own the corporation or controlling corporation via an ownership roster or operating agreement identifying all parties involved within the LLC or other corporation(s) for said owner or operator.
61.05.4.5Access route, if seeking a special permit and the site is accessed via a shared private road system.
61.05.4.6 Farm Stay Applications. Provide documentation describing the educational activities or experiences in which the tenants will participate as an immersive encounter with agricultural living.
61.05.5 Existing Operations. No permits for whole dwelling unit short-term rentals shall be issued during the first two (2) months following the effective date of the ordinance codified in this section but applications from individuals operating existing short-term rentals will be received. Three (3) months after the effective date of the ordinance codified in this section the Department will issue permits for qualifying locations with existing short-term rentals. An existing short-term rental shall be determined based on evidence of operation prior to October 26, 2023. If the number of permits issued for existing short-term rentals exceeds the cap identified in subsection 61.05.10.2.1, then no permits will be issued for new short-term rentals until the number of permitted short-term rentals in the County falls below the cap. A permit shall not be issued on a parcel with active violations.
61.05.6 Permit Requirements. ¶
61.05.6.1 Administrative Permit Required. A short-term rental meeting the requirements herein shall be permitted with an administrative permit.
61.05.6.2 Special Permit Required. A short-term rental seeking exception from standards identified in subsections 61.05.9.1 and 61.05.10.3 may only be allowed upon issuance of a special permit.
61.05.6.2.1 Required Findings. A special permit for a short-term rental may be approved only if the following findings are made:
61.05.6.2.1.1The short-term rental would not result in significant adverse effects on the health, safety, and welfare of the community; and
61.05.6.2.1.2The short-term rental would not result in significant adverse effects on the quality of the neighborhood.
61.05.6.2.2 Special Noticing Requirements. In addition to following the procedures identified in Section 312-8.1, Notice of Application Submittal, notice shall be sent to all owners and occupants of property accessed through shared private road system.
61.05.6.3 Conditional Use Permit Required. Whole dwelling unit short-term rentals within the Tsunami Hazard Zone of the Humboldt Bay Area Plan may only be allowed upon the issuance of a conditional use permit.
61.05.6.3.1 Required Findings. A conditional use permit for short-term rental may be approved only if the following findings are made:
61.05.6.3.1.1 The short-term rental would not adversely impact the health, safety, and welfare of the community; and
61.05.6.3.1.2The short-term rental would not adversely affect the quality of the neighborhood.
61.05.7 Permit Term for Short-Term Rentals. All short-term rental permits (including nonconforming approvals) shall lapse two (2) years after the effective date of the permit unless all of the following requirements are met:
61.05.7.1The permit holder shall submit a Statement of Continued Operation as provided by the Planning and Building Department, indicating a desire to continue operation provided that there is evidence of hosting stays; and
61.05.7.2There are no outstanding violations associated with the permit; and
61.05.7.3The permit holder shall submit evidence showing that no outstanding taxes are associated with the subject parcel.
61.05.7.4A fee which allows for review of the materials and investigation of any complaints and violations as established in the County Fee Schedule.
61.05.8 Violations. Continuous use of a short-term rental without resolution of violation(s) of this section of the Humboldt County Code may result in code enforcement action, permit suspension or permit revocation.
60.05.8.1 Suspension or Revocation. Consistent with the procedures in Section 312-14 a short-term rental permit may be suspended or revoked for violations of the short-term rental ordinance and/or violations of permit terms or conditions.
61.05.9 Home-Share Rental. This section applies to home-share rentals which are a short-term rental of a portion of a dwelling unit where the caretaker remains in residence.
61.05.9.1 Standards for Home-Share Rentals.
61.05.9.1.1 Health and Safety Standards. Exception to standards in subsections 61.05.9.1.1.3 and 61.05.9.1.1.4 may be sought with a special permit.
61.05.9.1.1.1 Building, Fire and Health.
61.05.9.1.1.1.1Dwellings shall be permitted or legal nonconforming.
61.05.9.1.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the dwelling unit.
61.05.9.1.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
61.05.9.1.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
61.05.9.1.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
61.05.9.1.2 Neighborhood Quality and Public Nuisance Standards. Exception to subsection 61.05.9.1.2.4 may be sought with a special permit.
61.05.9.1.2.1 Resident Caretaker. The caretaker shall reside within the dwelling unit and be present when rooms are occupied by guests.
61.05.9.1.2.2 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
61.05.9.1.2.3 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
61.05.9.1.2.3.1Name and telephone number for a caretaker who shall:
61.05.9.1.2.3.1.1Respond to all questions or concerns timely.
61.05.9.1.2.3.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code, timely.
61.05.9.1.2.3.2Location of the approved parking spaces.
61.05.9.1.2.3.3Permit standards.
61.05.9.1.2.3.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
61.05.9.1.2.3.5Traffic etiquette guidelines.
61.05.9.1.2.4 Parking. Each home-share short-term rental shall provide one off-street parking space per rented bedroom. Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required.
61.05.10 Short-Term Rental. This section applies to short-term rental of whole dwelling units. Short-term rentals may be rented for the whole or a portion of the year. A residence which is rented on a short-term basis for sixty (60) consecutive days or fewer out of the year does not count against the cap; provided, that it is occupied as long-term housing for the remainder of the year.
61.05.10.1 Short-Term Rentals Prohibited. Short-term rentals are not allowed in dwellings with any of the following limitations:
61.05.10.1.1 Recorded Limitation. Dwellings subject to a recorded covenant, agreement, deed restriction or other recorded document to which the county is a party that limits the use of the dwelling to affordable housing, or otherwise prohibits use as a short-term rental.
61.05.10.1.2 SB9 California H.O.M.E. Act. Dwellings on lots approved pursuant to Section 66411.7 of Chapter 1 of Division 2 of Title 7 of the California Government Code (SB 9 – “The California H.O.M.E. Act”) shall not be permitted as short-term rentals.
61.05.10.1.3 Accessory Dwelling Unit. ADUs permitted after January 1, 2020, shall not be permitted as short-term rentals.
61.05.10.1.4 Alternative Owner Builder. Dwellings permitted pursuant to the Alternative Owner Builder (AOB) provisions of Section 331.5-4 shall not be permitted as short-term rentals.
61.05.10.1.4.1AOB dwellings may be permitted after the fact, pursuant to the building code in effect at the time of original permit issuance. A short-term rental permit application may be submitted concurrently with the building permit application. The permit for the short-term rental shall not be approved until after the certificate of occupancy is issued by the Building Division.
61.05.10.2 Short-Term Rental Permit Limitations. ¶
61.05.10.2.1 Short-Term Rental Cap. The total number of short-term rentals shall be limited.
61.05.10.2.1.1Not more than two percent (2%) of the overall housing stock may be permitted as short-term rentals in the Coastal Greater Humboldt Bay Area Short-term Rental Cap Area which is comprised of the following Coastal Plan Areas: Trinidad Area Plan [AP], McKinleyville AP, Humboldt Bay AP and the Eel River AP. In addition to the two percent (2%) cap on short-term rentals in the Greater Humboldt Bay Area, not more than two percent (2%) of housing stock within each Coastal Area Plan can be used for shortterm rentals. Big Lagoon Park Subdivision/Big Lagoon Estates Subdivision (along Roundhouse Creek Road and Ocean View Drive) shall be included within the Trinidad AP for purposes of applying the cap. Farm-stays and homes listed on the local, State, or Federal historic registry are exempt from the cap.
61.05.10.2.1.2Not more than five percent (5%) of the overall housing stock outside of the Greater Humboldt Bay Area Short-term Rental Cap Area may be permitted as short-term rentals with the exception of Shelter Cove which has no limit. If the cap is exceeded, a short-term rental may be approved with a special permit.
61.05.10.2.1.3In areas where the cap applies, applications for existing short-term rentals can be submitted for sixty (60) days from the effective date of the ordinance codified in this section. The Department shall assess the status of the cap within ninety (90) days of the effective date of the ordinance codified in this section. No applications for new permits will be accepted within the area subject to the cap within ninety (90) days of the effective date of the ordinance codified in this section.
61.05.10.2.2 Nontransferable. Short-term rental permits shall not be transferred between property owners.
61.05.10.2.3 Per Person Limit. An individual or business shall not own more than three (3) parcels with short-term rental permits.
61.05.10.2.4 Resource Zone Districts. Short-term rentals in Agriculture Exclusive Zone, Commercial Timberland Zone, and Timberland Production Zone may only be permitted as farm stays.
61.05.10.2.5 No Violations. A permit shall not be issued on a parcel with active violations.
61.05.10.3 Standards for Short-term Rentals. ¶
61.05.10.3.1 Health and Safety. Exception to standards in Sections 313-61.05.10.3.1.3 and 313-61.05.10.3.1.4 may be sought with a special permit.
61.05.10.3.1.1 Building and Fire. ¶
61.05.10.3.1.1.1Dwellings shall be permitted or legal nonconforming.
61.05.10.3.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the short-term rental.
61.05.10.3.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
61.05.10.3.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
61.05.10.3.1.3.1 Road Maintenance Association (RMA). If a private access road has an established RMA, the permit-holder shall be a member in good standing.
61.05.10.3.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
61.05.10.4 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
61.05.10.4.1Name and telephone number for a caretaker who shall:
61.05.10.4.1.1Respond to all questions or concerns timely.
61.05.10.4.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code, timely.
61.05.10.4.2Location of the approved parking spaces.
61.05.10.4.3Permit standards.
61.05.10.4.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
61.05.10.4.5Traffic etiquette guidelines.
61.05.10.5 Lighting. No direct light shall spill onto adjacent properties or create glare above the property.
61.05.10.6 Neighborhood Quality and Public Nuisance. These provisions apply to parcels that are within a Community Plan Area, are less than ten (10) acres in area, and where the short-term rental is located within one thousand (1,000) feet of the nearest neighboring residence. Exception to standards in subsections 61.05.10.6.1 through 61.05.10.6.2.5 may be sought with a special permit.
61.05.10.6.1 Per Parcel Limit. One short-term rental may be permitted per legal parcel.
61.05.10.6.2 Neighborhood Concentration. Each short-term rental may not exceed the following neighborhood concentration limitations, except within the Shelter Cove Community Plan Area where this standard does not apply:
61.05.10.6.2.1Parcels with a General Plan density of one (1) or more dwelling units per acre:
61.05.10.6.2.1.1Short-term rentals shall not exceed ten percent (10%) of the dwellings on the access road (one (1) dwelling for roads with less than ten (10) dwellings); and
61.05.10.6.2.1.2There shall not be another short-term rental within six hundred (600) feet of the proposed short-term rental, measured as a six hundred (600) foot radius from the center of the dwelling used for the short-term rental.
61.05.10.6.2.2Parcels with a General Plan density of less than one (1) dwelling unit per acre:
61.05.10.6.2.2.1Short-term rentals shall not exceed twenty percent (20%) of the dwellings on the access road (one (1) dwelling for roads with less than five (5) dwellings).
61.05.10.6.2.3 Private Gatherings and Parties. Gatherings and parties shall have no more than twice the maximum occupancy of the short-term rental, only allowed during the hours of 8:00 a.m. to 10:00 p.m. (not eligible for stay). If gatherings are intended, they must be included in the application for the short-term rental and the application must include provisions for parking, which can be on-street where allowed.
61.05.10.6.2.4 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
61.05.10.6.2.4.1Following one (1) or more noise complaint(s) for a short-term rental, the permit holder shall install noise sensors and provide recorded data to the Planning and Building Department upon request.
61.05.10.6.2.5 Parking. Each short-term rental shall provide one off-street parking space per rented bedroom. Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required.
61.1 SOLID WASTE DISPOSAL ¶
61.1.1 Purpose. The purpose of these regulations is to ensure that proposed solid waste disposal projects shall be sited and developed to avoid or minimize harmful effects to human health, natural resources and scenic resources. (Former Section CZ#A314-34(A))
61.1.2 Applicability. These regulations shall apply in all zones in which the Solid Waste use type is permitted, including but not limited to proposed expansions at existing solid waste disposal sites, and to proposed new project sites. (Former Section CZ#A314-34(B))
61.1.3 Supplemental Application Materials. In addition to materials required pursuant to the Permit Procedures in Chapter 2 of this Code, applications for solid waste disposal projects shall include a solid waste disposal plan, which shall include: (Former Section CZ#A314-34(C))
61.1.3.1Estimates of the quantity of waste to be disposed of and the area and volume required for disposal, on an annual basis, including five (5) and ten (10) year projections; (Former Section CZ#A314-34(C)(1))
61.1.3.2Description of toxicity and harmful effects on people, plants, and animals of material to be disposed of; (Former Section CZ#A314-34(C)(2))
61.1.3.3Site alternatives and description of impacts associated with each, a list of possible future uses for each of the sites considered, and a list of uses which would not be possible after project completion; (Former Section CZ#A314-34(C)(3))
61.1.3.4Relationship of this disposal project to other disposal projects in the area; (Former Section CZ#A314-34(C)(4)
61.1.3.5A monitoring and mitigation program to insure the prevention of damage to soil, plant and animal life, and surface and subsurface water supplies; (Former Section CZ#A314-34(C)(5))
61.1.3.6A reclamation and restoration plan, including descriptions of recontouring, revegetation, visual buffering during and after the project; and (Former Section CZ#A314-34(C)(6))
61.1.3.7Assessment of conformity with the Humboldt County Solid Waste Management Plan. (Former Section CZ#A314-34(C)(7))
61.1.4 Required Findings. Solid waste disposal projects shall be approved only if the applicable Civic Development Impact Findings in this Code are made. (Former Section CZ#A314-34(D))
61.1.5 Compliance with Applicable Laws. It should be noted that any solid waste disposal facility must, in addition to complying with these zoning regulations, comply with all applicable Federal, State and local laws related to solid waste disposal.
61.2 SURFACE MINING AND RECLAMATION ¶
61.2.1 Purpose, Intent and Findings. This section explains why these rules are in the Humboldt County Code. If there is something in these sections that is not clear, and that needs to be interpreted, the “purposes and intent” of the Board, as explained in this section, should be used so that any interpretation follows these purposes and carries out these intentions. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1 Purpose and Intent. The purpose of this Chapter is to implement the provisions of the California Surface Mining and Reclamation Act of 1975, as most recently amended, and the California Coastal Act, as amended (see Public Resources Code Section 30000 and following) for reclamation plan, use permit, and mining permit purposes only. This Chapter shall not govern the issuance of a coastal development permit. Coastal Development Permits shall either be reviewed by the Coastal Commission for development within the Commission’s retained coastal development permit jurisdiction pursuant to the Coastal Act, or by the County or the Commission on appeal for development within the County’s coastal development permit jurisdiction pursuant to the certified Local Coastal Program standards governing the issuance of coastal development permits. The State Surface Mining law is found in the Public Resources Code, at Section 2207 and Section 2710 and following. In this ordinance this State law will be referred to as the “Act”, or as “SMARA.” The Surface Mining Regulations are found in Title 14 of California Code of Regulations, at Sections 3500 and following, and in this ordinance are referred to as the “state regulations”. As stated in the Act, and also hereby stated by this Board, it is the intent of the Board of Supervisors to: (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96; Amended by Ord. 2254, Sec. 1, 09/04/2001)
61.2.1.1.1protect the quality of the County’s environment; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.2encourage the conservation and production of known or portential mineral deposits for the economic health and well-being of society; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.3regulate surface mining operations so as to prevent or minimize adverse environmental effects of surface mining; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.4provide for the reclamation of mined lands; and (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.5reduce or eliminate hazards to public health and safety due to surface mining operations. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2 Findings. The Board hereby finds and declares that: ¶
61.2.1.2.1the extraction of minerals is essential to the continued economic well-being of the County and the needs of society. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.2the rehabilitation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.3the reclamation of mined lands as provided in this ordinance will allow the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.4that surface mining takes place in diverse areas where geologic, topographic, climatic, biological, and cultural requirements are significantly different and that reclamation operations and the specifications therefore may vary accordingly. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.5that surface mining may take place in the Coastal Zone of the County only if surface mining is consistent with the Coastal Act and/or the applicable certified Local Coastal Program. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96; Amended by Ord. 2254, Sec. 1, 09/04/2001)
61.2.2 Incorporation of State Law and Regulations by Reference. ¶
61.2.2.1 Reason. This Board has determined that one (1) of the most efficient and easiest methods to ensure that this County’s SMARA ordinance is written as required by State alw is to “incorporate by reference” the provisions of State law. This avoids the possibility that any provision of State law will be overlooked or inadvertantly misstated in this ordinance. It also avoids the need to amend this ordinance every time the State amends the State law, because those changes will, in most cases, automatically become a part of this section of the Code (however, see note below for exceptions).
NOTE: WHENEVER YOU MUST COMPLY WITH STATE OR LOCAL SMARA REGULATIONS, YOU WILL NEED TO GET A COPY OF THE STATE LAW AND REGULATIONS AND FOLLOW THOSE RULES. THIS ORDINANCE CONTAINS SOME SECTIONS IN ADDITION TO STATE LAW WHICH EXPLAIN HOW THE RULES WORK IN HUMBOLDT COUNTY. IF STATE LAW IS DIFFERENT THAN THESE LOCAL RULES, STATE LAW SHOULD BE FOLLOWED, UNLESS THE RULES IN THIS LOCAL ORDINANCE ARE MORE RESTRICTIVE ON MINING OPERATIONS, IN WHICH CASE THE STATE LAW THAT SAYS THAT THE MORE RESTRICTIVE SECTIONS OF THIS ORDINANCE MUST APPLY. (Added by Ord. 2117, Sec. 2, 5/28/96)
(Ord. 2117, § 2, 5/28/1996)
61.2.2.2 Incorporation of State Law and Regulations by reference. The County of Humboldt hereby incorporates by reference, as if fully set forth herein, the State Surface Mining and Reclamtation Act of 1975, and all amendments to that Act, which are currently set forth in Public Resources Code, Section 2207 and Section 2710 and following. Further incorporated herein by reference are the State Regulations adopted by the State to implement the Act, as amended from time to time by the State.
The regulations are currently set forth in Title 14 of the California Code of Regulations at Sections 3500 and following, Section 3700 and following (“reclamation standards”), and Section 3800 and following (“financial assurances”), and are also referred to in this ordinance as the “state regulations”. (Added by Ord. 2117, Sec. 2, 5/28/96)
Further, the California Coastal Act and implementing regulations are hereby incorporated by reference, as if fully set forth herein, including but not limited to Public Resources Code Section 30000 and following. (Added by Ord. 2117, Sec. 2, 5/28/96)
Any reference in this ordinance to compliance with this “Chapter” also means compliance with all incorporated laws and regulations. Some provisions of state law are restated in this ordinance, and some are not. State law and regulations apply to mining operations, whether or not those laws and regulations are restated herein. (Ord. 2117, § 2, 5/28/1996)
61.2.3 Limitations on Specified Activities. ¶
61.2.3.1 Reasons for limitations. The following activities are regulated by both State and local laws and regulations. The following limitations restate those environmental protections contained in the former County SMARA ordinance in order to ensure the continuation of the following protections. (Ord. 2117, § 2, 5/28/1996)
61.2.3.2 “Stream bed Skimming.” State law contains an exception for non-commercial excavations or grading conducted for the purposes of farming, on-site construction, or restoring land following a flood or natural disaster at Section 2714(a) of the State Act. Consistent with the County’s prior ordinance governing mining operations, such activities are excepted only to the extent that the mining operation does not exceed the one time, one acre, one thousand cubic yard exception contained in current Section 2714(d) of the Act. This section shall not apply to timber operations which are governed by Section 2714(j) of the Act. (Former Section CZ#A31436(K); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.3.3 Drainage, Erosion and Sediment Control. In addition to the “performance standards” set forth in Section 3706 of the Regulations, final grading and drainage shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations. Note that subdivision (c) of Section 3706 of the Regulations requires compliance with Regional Water Quality Control Board or the State Water Resources Board for water discharge standards. (Former Section CZ#A314-36(F)(2)(h)(iii); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4 Use Permit.
61.2.4.1 Application. ¶
61.2.4.1.1 Filing procedure. An application for a Use Permit for a mining operation shall be submitted to the County Planning Division on forms furished by that division and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planing Division. As may be required, supplemental information shall be provided in Appendices to the application forms in the following format: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.1Appendix A = Project Description, including the date of commencement of the project, the duration of the project, and the anticipated date of completion (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.2Appendix B = Property Documentation (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.3Appendix C = Reclamation Plan (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.4Appendix D = Environmental Assessment (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.5Appendix E = Maps and Illuistrations (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.2 Filing Fee. Each application shall be accompanied by a filing fee in an amount to be set from time to time by the Board of Supervisors. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.3 Acceptance. An application will not be accepted by the Planning Division as complete until the applicant sets forth the required information in sufficeint detail to the satisfaction of the Department. When the Department receives all of the information which it requires, the Department shall notify the applicant that the application is accepted as complete pursuant to this section. Acceptance of an application as complete does not constitute an indication of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.4 Preliminary Reviews. In order to expedite processing, prior to submitting the completed application, Appendix C, the Reclamation Plan, and Appendix D, the Environmental Assessment may be submitted in draft form for preliminary review purposes. However, there is a fee for preliminary reviews, an no final decisions will be made on the application until the project has been reviewed in its complete form. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2 Procedure for Review and Action on Applications. ¶
61.2.4.2.1 Review. The Planning Division will review the use permit application for accuracy and completeness, and will coordinate the review with other County and public agencies. Unless for some reason it is not posible, the use permit required by this section, and the reclamation plan required by the next section shall be considered together as one application. Applicants should note that any documents required for environmental review pursuant to the Califorinia Environmental Quality Act must also be processed in a timely manner to avoid any delays in the application. Applicants should discuss with the Department any questions thay may have about the required environmental reviews. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.2 Public Hearing. Upon completion of the review process, a public hearing shall be held before the Planning Commission. Notice of the public hearing shall be given in accordance with Humboldt County Code. Notification shall also include, at a minimum, property owners within three hundred (300) feet of the property lines of the parcels on which mining operations will occur, and fifteen hundred (1500) feet from the location of any processing plant. Notification shall also be provided to property owners affected by the mining operation and affected haul routes as provided by Section 2530 of Chapter 3 of the Framework Plan of the County’s General Plan. The notice shall specifically identify each issue to be considered at the hearing. The purpose of the hearing shall be to consider the applicant’s request and to approve, conditionally approve, or deny the issuance of a Use Permit. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3 Approval or Denial. In addition to any findings required for a Use Permit by this County Code, the Planning Commission shall approve or approve with conditions the issuance of a use permit if the evidence presented supports the conclusions of subsections 61.2.4.2.3.1. and 61.2.4.2.3.2: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3.1That the application and supporting documents adequately describe the proposed surface mining operation, and adequate measures are incorporated to mitigate the probable or known significant environmental effects which have been or may be caused by the proposed operation. (This section is intended to remind applicants of the requirements for compliance with the California Environmental Quality Act (CEQA), which complicance is required before any permits may be issued); and (Former Section CZ#A31436; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3.2That the proposed use and location of the surface mining operation is properly located in accordance with the General Plan and any relevant element thereof, to the community as a whole, and to other land uses in the vicinity. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3.3If the Planning Commission determines that the findings of subsections 61.2.4.2.3.1 and 61.2.4.2.3.2 cannot be made, it shall so state and deny the application. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.4 Conditions of Approval. The Planning Commission shall, as is necessary to conform with the provisions of this ordinance, the Act and Regulations, and other applicable laws, provide that the issuance of the use permit shall be contingent upon acceptance and observance of specified reasonable conditions related to surface mining operations, including the approval of a complete and final reclamation plan and financial assurances. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.5 Commencement of Operations. An operator shall commence a surface mining operation not later than one (1) year, or such longer period as may be agreed to between the County and Applicant, from the date of issuance of a use permit, approval of the - reclamation plan (see Section 313 61.2.5), and approval of financial assurances, whichever is later. Failure to commence diligent operations within the one (1) year period, or otherwise agreed to period, renders the use permit void. This section shall not apply to those surface mining operations which, after obtaining a use permit, comply with any relevant provisions of Section 313-61.2.7 relating to idle mines. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.6 Term. Mining permits shall be granted for a period of not less than three (3) years and not more than fifteen (15) years. The term of the permit is a discretionary decision which should be governed by the life expectancy of the operation, and any special circumstances releated to the operation which would make appropriate a more frequent or less frequent review of the operation shall be stated in the grant of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
Upon written request to the Zoning Administrator, before expiration of the original permit, the permit may be reissued for a period equal to that grant of the original permit so long as the permit holder establishes to the satisfaction of the Zoning Administrator, or on appeal to the Board of Supervisors, that the use has been conducted in compliance with permit conditions. (Former Section CZ#A31436; Amended by Ord. 2117, Sec. 2, 5/28/96)
If the law or circumstances of the mining operation have changed from the time the permit was originally issued, any new conditions or requirements determined by the Zoning Administrator, or the Board of Supervisors on appeal, to be necessary for compliance with the laws, regulations or changed circumstances may be added to or modified in the reissued permit. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
This section does not establish any right by an operator to continue operating in any particular manner, or at all, at the end of the initial term of the permit originally issued, or any extension thereof. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.7 Rights of Successors. Any use permit issued for a surface mining operation shall run with the land affected thereby and conditions shall be binding upon all succcessors, heirs, and assigns of the operator. (Former Section CZ#A314-36(H)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.8 Revocation. Permits or any other grant of authority for activities undertaken pursuant to this Chapter may be revoked or suspended as any other permit, in accordance with current Chapter 2, Procedures, or any other applicable provision of the County Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5 Reclamation Plan. ¶
61.2.5.1 Submittal for Approval. ¶
61.2.5.1.1 Filing Procedure. A reclaimation plan required by this Chapter shall be submitted to the County Planning Division and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planning Division. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.1.2 Filing Fee. ¶
61.2.5.1.2.1For a reclamation plan filed as part of a use permit application, there shall be no filing fee. (The fee is already submitted as - part of the use permit application, which has its fees authorized under Section 313 61.2.4) (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.1.2.2All other reclamation plans filed for review and approval shall be accompanied by a filing fee in the amount to be set from time to time by the Board of Supervisors. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.1.3 Acceptance. A reclamation plan filed under the foregoing paragraphs of this section will not be accepted by the Planning Division as complete until it sets forth the required information in sufficient detail to the satisfaction of the Division. The Department shall then notify the person submitting the plan that it is accepted as complete for review pursuant to Section 313-61.2.9. Accepance of a reclamation plan does not consitute an indication of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2 Procedure.
61.2.5.2.1 Review. ¶
61.2.5.2.1.1The Planning Division will review the reclamation plan for accuracy, adequacy, and completeness, and will coordinate the review with other County and public agencies. The Planning Division shall, in compliance with Section 2774 of the Public Resources Code, submit a copy of the proposed reclamation plan to the State Department of Conservation and any comments received from that Department shall be uincorporated into the review. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.1.2In accordance with Section 2774 of the Act, there shall be at least one public hearing on every reclamation plan, as well as for proposed substantial amendments to previously approved reclamation plans. The hearing on the reclamation plan may be combined with a public hearing on other aspects of the project, so long as all notices clearly specify that the reclamation plan will be one (1) of the subjects of the hearing. Notice of the public hearing shall be given in accordance with subsection 313-61.2.4.2.2. The purpose of the hearing shall be to receive comments from interested parties, and to assure compliance with Section 2774(a) of the Public Resources Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.2 Approval or Disapproval. The Planning Commission shall approve or approve with conditions the reclamation plan if the evidence presented establishes that the reclamation plan and supporting documents meet all of the conditions and requirements of SMARA, including but not limited to Sections 2772 and 2773(a) of the Act and Section 3502 and following of the State Regulations, and any additional County requirements for reclamation. Otherwise the Commission shall deny the application. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3 Conditions of Approval. The Planning Commission shall, to the extent necessary to conform with the provisions of this ordinance and with Section 2773.1 of the Public Resources Code, apply conditions to the approval of the reclamation plan. Such conditions shall include, but not be limited to: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.1The meeting or exceeding of the minimum, verifiable statewide reclamation standards which may be adopted from time to time by the State Mining and Geology Board pursuant to Section 2773(b) of the Public Resources Code, including but not limited to California Code of Regulations Section 3500 and following and Section 3700 and following, or any successor provisions thereto. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
erifiable statewide reclamation standards which may be adopted from time to time by the State Mining and Geology Board pursuant to Section 2773(b) of the Public Resources Code, including but not limited to California Code of Regulations Section 3500 and following and Section 3700 and following, or any successor provisions thereto. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.2The entering into agreement between the Operator and the County whereby financial assurances are provided by the Operator to assure the reclamation of all mined lands in the event of default by the Operator. Such financial assurances shall be made in the form, manner and timing as is required by State law and Regulations. See, current Section 2773.1 of the Act, and Section 3800 and following of the Regulations, which provide that the financial assurances shall be made payable to the County and the Director of the Department of Conservation, and shall be limited to the following forms: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.2.1Surety bonds;
61.2.5.2.3.2.2Irrevocable letters of credit;
61.2.5.2.3.2.3Trust funds; and
61.2.5.2.3.2.4Other forms of financial assurances specified by the State Mining and Geology Board pursuant to the Public Resources Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.3The right of access to the mined lands by County staff and their agents, and of authorized employees of the Department of Conservation in the performance of their enforcement responsibilities, including but not limited to inspections to determine compliance with any permit, permit conditions or approved reclamation plan; and, (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.4A statement that all permit conditions, reclamation plan contents and requirements and financial assurances shall run with the land and shall be legally binding on all successors, heirs, and assigns of the Operator, and the landowner, if they are different. The landowner, and the operator, if they are not the same person, shall sign a “Statement of Responsibility”, which is a required part of the reclamation plan materials, acknowledging and accepting responsibility for full implementation and perfomance of all aspects of any applicable reclamation plans. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
wner, if they are different. The landowner, and the operator, if they are not the same person, shall sign a “Statement of Responsibility”, which is a required part of the reclamation plan materials, acknowledging and accepting responsibility for full implementation and perfomance of all aspects of any applicable reclamation plans. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.4 Amendments. Amendments to an approved reclamation plan may be submitted which detail proposed deviations. If in the judgement of the Director such amendments do not constitute a substantial change in the approved reclamation plan, such amendments may receive a summary approval by the Planning Division. If, however, in the judgement of the Director, the amendments substantially deviate from the approved reclamation plan, then the request for amendment shall be submitted and processed for approval with the same considerations as a first submittal under this subsection 61.2.5.2, and the preceeding subsection 61.2.5.1. Any party aggrieved by the decision of the Director may appeal the decision in accordance with the appeal provisions of the County Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.6 Legal Vested Mining Operations. ¶
61.2.6.0This section is applicable to local vested rights determinations and is not applicable to vested rights determinations for purposes of Coastal Development Permit requirements. The California Coastal Commission, rather than the certified local government, shall administratively adjudicate all vested right determinations for purposes of coastal development permit requirements pursaunt to the Coastal Act and all other applicable law. (Ord. 2254, § 1, 9/4/2001)
61.2.6.1 Continuance and Modification. Subject to the limitations of law, including but not limited to those expressed in this chapter and in the Act and Regulations, the operator of a legal vested surface mining operation may continue, provided that the operation does not undergo substantial alteration, expansion, or modification. (Former Section CZ#A314-36(VI)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.6.2 Special Permit Requirements. A person who has obtained a vested right to conduct surface mining operations shall submit an application for a special permit which includes a reclamation plan that was prepared in compliance with the requirements of this ordinance, and all other local, state, and federal laws and regulations, to the Planning Division for review and approval. (Former Section CZ#A314-36(VI)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
The reclamation plan shall provide for the reclamation of the area disturbed by surface mining operations mined after January 1, 1976. No substantial changes shall be made in the operation during the period in which the reclamation plan is being considered for approval. (Former Section CZ#A314-36 (VI)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.6.3 All other Requirements Applicable. Only the use permit requirements of this ordinance are not applicable to vested operations. All operations, vested or otherwise, must meet all requirements for reclamation plan and financial assurances except to the extent that such plans or assurances are not required by state law or regulations. (For example, Section 2776 of the Act does not require the reclamation plan to include certain portions of the property which were impacted solely by mining operations which occurred prior to January 1, 1976.) See Section 2773.1 for the current requirements for financial assurances. (Former Section CZ#A314-36(VI)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7 Idle Mines. ¶
61.2.7.1 Interim Management Plan. Within 90 days of a surface mining operation becoming idle, as defined in the Act (see current Sections 2727.1 and 2770(h)), the operator shall submit to the Planning Division for review and approval an interim management plan, accompanied by any required fees. The interim management plan shall describe measures the operator will implement to maintain the site in compliance with the State Act and Regulations, with this ordinance, and with all permit conditions. Any applicable fees shall be submitted with the plan. (Former Section CZ#A314-36(VII)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.2 Term of the Plan. The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the County shall do one (1) of the following: (Former Section CZ#A314-36(VII)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.2.1Renew the interim management plan for no more than one additional period not to exceed five (5) years provided the County finds that the operator has fully complied with the interim management plan; or, (Former Section CZ#A314-36(VII)(B)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.2.2Require the operator to comence reclamation in accordance with the approved reclamation plan. (Former Section CZ#A31436(VII)(B)(2) Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.3 Financial Assurances. Financial assurances as required by the Act, Regulations and this ordinance shall remain in effect during the period the surface mining operation is idle. (Former Section CZ#A314-36(VII)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.4 Interim Management Plan Approval. The receipt of an interim management plan by the Planning Division shall be considered and processed as an amendment to the approved reclamation plan. Section 2770(h) of the Act provides that the review and approval of the interim management plan is not a project for the purposes of CEQA. (Public Resources Code Section 21000 and following.) (Former Section CZ#A314-36(VII)(D); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.5 Forfeiture of Use Permit. The operator of a surface mining operation which has been abandoned, as defined in State and local SMARA law and regulations, for a period exceeding one (1) year shall forfeit the use permit and commence reclamation in accordance with the approved reclamation plan. (Former Section CZ#A314-36(VII)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.8 Intermittent Operations. Intermittent operations, as defined in Section 3500 of the Regulations are subject to all of the same rules and regulations governing active operations, unless the operation meets the definition under SMARA as an “idle” operation, in which case the provisions governing idle mines apply. (Former Section CZ#A314-36(VIII); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9 Administration and Enforcement.
61.2.9.1 Time Limitations. ¶
61.2.9.1.1 Use Permit and Reclamation Plan Applications. Upon receipt of an application for a Use Permit and/or a reclamation plan for a surface mining operation, the Planning Division shall notify the applicant within 30 days as to the adequacy and completeness of the application. (Former Section CZ#A314-36(IX)(A)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.1.2 Time for Review. The review procedure, including the holding of the pulic hearing, shall be completed within one hundred twenty (120) days of the filing of the complete reclamation plan (this time frame allows 30 days for the State agency review of the plan, 45 days for the State review of the financial assurances, and 30 days for the processing time by County staff after the State responses have been received; all reasonable efforts will be made by County staff to process projects as quickly as possible). Compliance with this requirement shall be subject to time constraints imposed by Section 2774(d) of the Public Resources Code and the California Environmental Quality Act (CEQA). A failure by the State or County to meet these deadlines shall not result in automatic approval of the plan or project. (Former Section CZ#A314-36(IX)(A)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.2 Simultaneous Processing. Applicants are urged to submit all required applications and supporting documents at the same time. In the event that an application for a use permit for a surface mining operation and a reclamation plan are submitted for approval pertaining to the same project, then review and processing of the reclamation plan shall occur simultaneously with that of the use permit application. Either concurrent with or prior to the issuance of a use permit, the reclamation plan shall have been approved. Submitting all required documentation for simultaneous processing may avoid multiple hearings and may reduce the time and cost of processing the applications. It should be noted that Section 2772(b) of the Act requires that “all documenation for the reclamation plan shall be submitted to the lead agency (County) at one time.” (Former Section CZ#A314-36(IX)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.3 Public Record. Applications, reclamation plans, interim management plans and other documents submitted in support of this Chapter are public records unless it is demonstrated to the satisfaction of the County that the release of such information, or any part thereof, would reveal reserves, production, or rates of depletion entitled to protection as proprietary information. The County shall identify such proprietary information as a separate part of the application, and such proprietary information shall be made available only to the State Geologist and to persons authorized to receive such proprietary information. Such authorization shall be presented to the County in writing by the operator. (Former Section CZ#A314-36(IX)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4 Inspection and Review. ¶
61.2.9.4.1 Operations. The Director shall cause periodic inspections to be made of each surface mining operation to assure the compliance with all permit conditions and requirements (including but not limited to those of the reclamation plan, if applicable at the time of inspection), if any, and with local and state law and regulations. The maximum interval between inspections shall be one year. (Former Section CZ#A314-36(IX)(D)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4.2 Reclamation Plans. In accord with Section 2774(b) of the Public Resources Code, the Director shall cause an annual inspection of each surface mining operation to be made to determine whether the surface mining operation is in compliance with the Act, State Regulations, this ordinance and any applicable permit conditions. Such inspection shall be conducted using a form provided by the State Department of Conservation for that purpose, and shall be conducted no later than six (6) months after receiving the surface mining operation’s annual report submitted pursaunt to Section 2207 of the Public Resources Code and Paragraph 61.2.9.5. (Former Section CZ#A314-36(IX)(D)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4.3 Interim Management Plan. The Director shall cause periodic inspections to be made of each idle mine with an approved interim management plan. Such inspections shall be to assure the compliance with the interim management plan and shall be in accord with Paragraph 61.2.9.4.2, if applicable. The maximum interval between inspections shall be one year. (Former Section CZ#A314-36(IX)(D)(3); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4.4 Cost of Inspections. The cost of any inspection(s) required by Paragraph 61.2.9.4.2 shall be borne by the operator. In causing the performance of these inspections, the Director may implement procedures which are consistent with good practice and which will minimize the costs of inspection. (Former Section CZ#A314-36(IX)(D)(4); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.5 Annual Report. In compliance with Section 2207 of the Act, the owner, manager or other person in charge of any surface mining operation shall forward an annual report to the Director of the State Department of Conservation on forms furnished by the State Mining and Geology Board. Such annual report shall be in accord with the instructions included with the forms, and shall include all information required by the Act (see Section 2207(a)), State Regulations, and this ordinance. The designated copy shall be submitted to the County Planning Division on or before the anniversary date established by the Director of the State Department. (Former Section CZ#A314-36(IX)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)
cord with the instructions included with the forms, and shall include all information required by the Act (see Section 2207(a)), State Regulations, and this ordinance. The designated copy shall be submitted to the County Planning Division on or before the anniversary date established by the Director of the State Department. (Former Section CZ#A314-36(IX)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.6 Appeals. Decisions of the Director, Zoning Administrator, or Planning Commission required by this Chapter may be appealed in the manner set forth in the Humboldt County Code. An applicant, whose request for a permit to conduct surface mining operations in an area of regional or statewide significance has been denied by County action, or any person who is aggrieved by the granting of a permit to conduct surface mining operations in an area of statewide or regional significance may, within fifteen days of exhausting his rights to appeal in accordance with this section, may appeal to the State Mining and Geology Board in accordance with the provisions of Section 2775 of the Public Resources Code. (Former Section CZ#A314-36(IX)(F); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7 Enforcement. ¶
61.2.9.7.1 Violation-Public Nuisance. Any violation of this chapter is unlawful and is hereby deemed to be a public nuisance, and shall be abated, eliminated and enjoined as provided by the Humboldt County Code and/or any other provision of law. Any person or entity operating without legal authorization shall cease activities immediately. (Former Section CZ#A314-36(IX)(G)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2 Violation-Noncompliance. ¶
61.2.9.7.2.1If the Director should determine that a permitted or otherwise legally authorized operator is not in compliance with the provisions of this Chapter, the County, in conformance with Section 2774.1(a) of the Public Resources Code, shall, to the extent feasible with the resources available to the County, notify the operator of that violation by personal service or certified mail. If the violation extends beyond 30 days after the date of the County’s notification, an order shall be sent by personal service or certified mail requiring the operator to comply with this Chapter, or, if the operator does not have an approved reclamation plan or financial assurances, cease all further mining activities. See, Section 2774.1(a) of the Act. (Former Section CZ#A314-36(IX)(G)(2)(a); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.2An order issued under subsection 61.2.9.7.2.1, shall not take effect until the operator has been provided a hearing before the Planning Commission concerning the alleged violation. Any order issued under subsection 61.2.9.7.2.1 shall specify which aspect of the surface mine’s activities or operations are inconsistent with this Chapter and shall specify a time for compliance, and shall set a date for the hearing, which shall not be sooner than 30 days after the date of the order. (Former Section CZ#A314-36(IX)(G)(2)(b); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.3Any operator who violates or fails to comply with an order issued under Paragraph 61.2.9.7.2.1 after the order’s effective date shall be subject to an order by the County or the State Director imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with any provision of Chapter 9 of Division 2 and/or Section 2207 of the Public Resources Code. (Former Section CZ#A314-36(IX)(G)(2)(c); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.4Any operator who fails to submit a timely report to the Planning Division pursaunt to subsection 313-61.2.9.5 of this section, and Section 2207 of the Public Resources Code, shall be subject to any order issued by the County imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with subsection 313-61.2.9.5, and/or Section 2207 of the Public Resources Code. (Former Section CZ#A314-36(IX)(G)(2)(d); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.5If the State Department of Conservation notifies the Planning Division of any known or apparent violations or noncompliance with the Act in writing, and subject to the limitations in Section 2774.1 of the Public Resources Code, the County shall have primary jurisdiction and reponsibility of administering this Chapter and the State Act and Regulations. . (Former Section CZ#A314-36(IX)(G)(2)(e); Amended by Ord. 2117, Sec. 2, 5/28/96)
ion notifies the Planning Division of any known or apparent violations or noncompliance with the Act in writing, and subject to the limitations in Section 2774.1 of the Public Resources Code, the County shall have primary jurisdiction and reponsibility of administering this Chapter and the State Act and Regulations. . (Former Section CZ#A314-36(IX)(G)(2)(e); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.3Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, including, but not limited to, the use permit revocation proceedings. . (Former Section CZ#A314-36(IX)(G)(3); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10 Mining Permit Standards. In addition to meeting the minimum acceptable surface mining and reclamation practices in the State Act and Regulations, each surface mining operation shall be designed and conducted to meet the operational standards of this Section. Conditions may be imposed on mining permits to ensure compliance with minimum acceptable practices and standards. Operators authoirzed by a permit shall be conducted only by the operator or an authorized agent. Additional standards are set forth in the Act and Regulations. See, for example, Section 3700 and following, “Reclamation Standards.” (Former Section CZ#A314-36(X); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.1 Access Roads. All private encroachments leading to a surface mining operation shall be adequately surfaced to prevent aggregate or other materials from being drawn onto the public way. (Former Section CZ#A314-36(X)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.2 Dust Suppression. All haul roads and driveways shall be maintained as necessary to minimize the emission of dust and prevent the creation of a nuisance to adjacent properties. (Former Section CZ#A314-36(X)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.3 Discharge Waters. Any waters discharged from the mined lands shall meet all applicable water quality standards of the Regional Water Quality Control Board and other agencies with authority over such discharges. (Former Section CZ#A314-36(X)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.4 Erosion Control. Adequate measures shall be taken to assure the prevention of erosion from mined lands and adjacent properties during the life of the operation. The reclamation plan shall assure the prevention of erosion subsequent to surface mining operations. (See also, Section 313-61.2.3.) (Former Section CZ#A314-36(X)(D); Amended by Ord. 2117, Sec. 2, 5/28/96) (Ord. 2733, § 2, 3/5/2024; Ord. 2757, § 2, 3/11/2025)
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61.05 SHORT-TERM RENTALS ¶
61.05.1 Purpose. The purpose and intent of this section (the “Short-term Rental Ordinance”) is to protect and promote the public health, safety and welfare, protect and maintain the overall quality of the coastal zone environment and its natural and human made resources, assure orderly, balanced utilization and conservation of coastal zone resources, maximize public access to and along the coast, support tourism and economic development, minimize the loss of housing stock available to long-term renters, preserve the quality of neighborhoods, and balance the needs and rights of property owners, tenants, and neighbors.
61.05.2 Applicability. These provisions apply when dwelling units are used as short-term rentals.
61.05.3 Allowed Zones. Short-term rentals may be permitted in zoning districts where residential use is a permitted use subject to these regulations.
61.05.4 Application. In addition to all materials required for a permit pursuant to Section 312-5.2, a complete application for a shortterm rental permit shall include the following:
61.05.4.1Current grant deed for the subject parcel.
61.05.4.2 Good Neighbor Guide. ¶
61.05.4.3Affidavit signed by the permit holder confirming delivery of the Good Neighbor Guide to all neighbors in the closest ten (10) dwellings and within three hundred (300) feet up and down the street, if applicable.
61.05.4.4Evidence of property owner consent if the permit-holder is someone other than the property owner. If the property owner withdraws consent at any time when the permit is active, the permit is immediately revoked.
61.05.4.4.1Where the owner is an LLC or other corporation, the ownership of the corporation(s) shall include the people who own the corporation or controlling corporation via an ownership roster or operating agreement identifying all parties involved within the LLC or other corporation(s) for said owner or operator.
61.05.4.5Access route, if seeking a special permit and the site is accessed via a shared private road system.
61.05.4.6 Farm Stay Applications. Provide documentation describing the educational activities or experiences in which the tenants will participate as an immersive encounter with agricultural living.
61.05.5 Existing Operations. No permits for whole dwelling unit short-term rentals shall be issued during the first two (2) months following the effective date of the ordinance codified in this section but applications from individuals operating existing short-term rentals will be received. Three (3) months after the effective date of the ordinance codified in this section the Department will issue permits for qualifying locations with existing short-term rentals. An existing short-term rental shall be determined based on evidence of operation prior to October 26, 2023. If the number of permits issued for existing short-term rentals exceeds the cap identified in subsection 61.05.10.2.1, then no permits will be issued for new short-term rentals until the number of permitted short-term rentals in the County falls below the cap. A permit shall not be issued on a parcel with active violations.
61.05.6 Permit Requirements. ¶
61.05.6.1 Administrative Permit Required. A short-term rental meeting the requirements herein shall be permitted with an administrative permit.
61.05.6.2 Special Permit Required. A short-term rental seeking exception from standards identified in subsections 61.05.9.1 and 61.05.10.3 may only be allowed upon issuance of a special permit.
61.05.6.2.1 Required Findings. A special permit for a short-term rental may be approved only if the following findings are made:
61.05.6.2.1.1The short-term rental would not result in significant adverse effects on the health, safety, and welfare of the community; and
61.05.6.2.1.2The short-term rental would not result in significant adverse effects on the quality of the neighborhood.
61.05.6.2.2 Special Noticing Requirements. In addition to following the procedures identified in Section 312-8.1, Notice of Application Submittal, notice shall be sent to all owners and occupants of property accessed through shared private road system.
61.05.6.3 Conditional Use Permit Required. Whole dwelling unit short-term rentals within the Tsunami Hazard Zone of the Humboldt Bay Area Plan may only be allowed upon the issuance of a conditional use permit.
61.05.6.3.1 Required Findings. A conditional use permit for short-term rental may be approved only if the following findings are made:
61.05.6.3.1.1 The short-term rental would not adversely impact the health, safety, and welfare of the community; and
61.05.6.3.1.2The short-term rental would not adversely affect the quality of the neighborhood.
61.05.7 Permit Term for Short-Term Rentals. All short-term rental permits (including nonconforming approvals) shall lapse two (2) years after the effective date of the permit unless all of the following requirements are met:
61.05.7.1The permit holder shall submit a Statement of Continued Operation as provided by the Planning and Building Department, indicating a desire to continue operation provided that there is evidence of hosting stays; and
61.05.7.2There are no outstanding violations associated with the permit; and
61.05.7.3The permit holder shall submit evidence showing that no outstanding taxes are associated with the subject parcel.
61.05.7.4A fee which allows for review of the materials and investigation of any complaints and violations as established in the County Fee Schedule.
61.05.8 Violations. Continuous use of a short-term rental without resolution of violation(s) of this section of the Humboldt County Code may result in code enforcement action, permit suspension or permit revocation.
60.05.8.1 Suspension or Revocation. Consistent with the procedures in Section 312-14 a short-term rental permit may be suspended or revoked for violations of the short-term rental ordinance and/or violations of permit terms or conditions.
61.05.9 Home-Share Rental. This section applies to home-share rentals which are a short-term rental of a portion of a dwelling unit where the caretaker remains in residence.
61.05.9.1 Standards for Home-Share Rentals.
61.05.9.1.1 Health and Safety Standards. Exception to standards in subsections 61.05.9.1.1.3 and 61.05.9.1.1.4 may be sought with a special permit.
61.05.9.1.1.1 Building, Fire and Health.
61.05.9.1.1.1.1Dwellings shall be permitted or legal nonconforming.
61.05.9.1.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the dwelling unit.
61.05.9.1.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
61.05.9.1.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
61.05.9.1.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
61.05.9.1.2 Neighborhood Quality and Public Nuisance Standards. Exception to subsection 61.05.9.1.2.4 may be sought with a special permit.
61.05.9.1.2.1 Resident Caretaker. The caretaker shall reside within the dwelling unit and be present when rooms are occupied by guests.
61.05.9.1.2.2 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
61.05.9.1.2.3 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
61.05.9.1.2.3.1Name and telephone number for a caretaker who shall:
61.05.9.1.2.3.1.1Respond to all questions or concerns timely.
61.05.9.1.2.3.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code, timely.
61.05.9.1.2.3.2Location of the approved parking spaces.
61.05.9.1.2.3.3Permit standards.
61.05.9.1.2.3.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
61.05.9.1.2.3.5Traffic etiquette guidelines.
61.05.9.1.2.4 Parking. Each home-share short-term rental shall provide one off-street parking space per rented bedroom. Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required.
61.05.10 Short-Term Rental. This section applies to short-term rental of whole dwelling units. Short-term rentals may be rented for the whole or a portion of the year. A residence which is rented on a short-term basis for sixty (60) consecutive days or fewer out of the year does not count against the cap; provided, that it is occupied as long-term housing for the remainder of the year.
61.05.10.1 Short-Term Rentals Prohibited. Short-term rentals are not allowed in dwellings with any of the following limitations:
61.05.10.1.1 Recorded Limitation. Dwellings subject to a recorded covenant, agreement, deed restriction or other recorded document to which the county is a party that limits the use of the dwelling to affordable housing, or otherwise prohibits use as a short-term rental.
61.05.10.1.2 SB9 California H.O.M.E. Act. Dwellings on lots approved pursuant to Section 66411.7 of Chapter 1 of Division 2 of Title 7 of the California Government Code (SB 9 – “The California H.O.M.E. Act”) shall not be permitted as short-term rentals.
61.05.10.1.3 Accessory Dwelling Unit. ADUs permitted after January 1, 2020, shall not be permitted as short-term rentals.
61.05.10.1.4 Alternative Owner Builder. Dwellings permitted pursuant to the Alternative Owner Builder (AOB) provisions of Section 331.5-4 shall not be permitted as short-term rentals.
61.05.10.1.4.1AOB dwellings may be permitted after the fact, pursuant to the building code in effect at the time of original permit issuance. A short-term rental permit application may be submitted concurrently with the building permit application. The permit for the short-term rental shall not be approved until after the certificate of occupancy is issued by the Building Division.
61.05.10.2 Short-Term Rental Permit Limitations. ¶
61.05.10.2.1 Short-Term Rental Cap. The total number of short-term rentals shall be limited.
61.05.10.2.1.1Not more than two percent (2%) of the overall housing stock may be permitted as short-term rentals in the Coastal Greater Humboldt Bay Area Short-term Rental Cap Area which is comprised of the following Coastal Plan Areas: Trinidad Area Plan [AP], McKinleyville AP, Humboldt Bay AP and the Eel River AP. In addition to the two percent (2%) cap on short-term rentals in the Greater Humboldt Bay Area, not more than two percent (2%) of housing stock within each Coastal Area Plan can be used for shortterm rentals. Big Lagoon Park Subdivision/Big Lagoon Estates Subdivision (along Roundhouse Creek Road and Ocean View Drive) shall be included within the Trinidad AP for purposes of applying the cap. Farm-stays and homes listed on the local, State, or Federal historic registry are exempt from the cap.
61.05.10.2.1.2Not more than five percent (5%) of the overall housing stock outside of the Greater Humboldt Bay Area Short-term Rental Cap Area may be permitted as short-term rentals with the exception of Shelter Cove which has no limit. If the cap is exceeded, a short-term rental may be approved with a special permit.
61.05.10.2.1.3In areas where the cap applies, applications for existing short-term rentals can be submitted for sixty (60) days from the effective date of the ordinance codified in this section. The Department shall assess the status of the cap within ninety (90) days of the effective date of the ordinance codified in this section. No applications for new permits will be accepted within the area subject to the cap within ninety (90) days of the effective date of the ordinance codified in this section.
61.05.10.2.2 Nontransferable. Short-term rental permits shall not be transferred between property owners.
61.05.10.2.3 Per Person Limit. An individual or business shall not own more than three (3) parcels with short-term rental permits.
61.05.10.2.4 Resource Zone Districts. Short-term rentals in Agriculture Exclusive Zone, Commercial Timberland Zone, and Timberland Production Zone may only be permitted as farm stays.
61.05.10.2.5 No Violations. A permit shall not be issued on a parcel with active violations.
61.05.10.3 Standards for Short-term Rentals. ¶
61.05.10.3.1 Health and Safety. Exception to standards in Sections 313-61.05.10.3.1.3 and 313-61.05.10.3.1.4 may be sought with a special permit.
61.05.10.3.1.1 Building and Fire. ¶
61.05.10.3.1.1.1Dwellings shall be permitted or legal nonconforming.
61.05.10.3.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the short-term rental.
61.05.10.3.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
61.05.10.3.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
61.05.10.3.1.3.1 Road Maintenance Association (RMA). If a private access road has an established RMA, the permit-holder shall be a member in good standing.
61.05.10.3.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
61.05.10.4 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
61.05.10.4.1Name and telephone number for a caretaker who shall:
61.05.10.4.1.1Respond to all questions or concerns timely.
61.05.10.4.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code, timely.
61.05.10.4.2Location of the approved parking spaces.
61.05.10.4.3Permit standards.
61.05.10.4.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
61.05.10.4.5Traffic etiquette guidelines.
61.05.10.5 Lighting. No direct light shall spill onto adjacent properties or create glare above the property.
61.05.10.6 Neighborhood Quality and Public Nuisance. These provisions apply to parcels that are within a Community Plan Area, are less than ten (10) acres in area, and where the short-term rental is located within one thousand (1,000) feet of the nearest neighboring residence. Exception to standards in subsections 61.05.10.6.1 through 61.05.10.6.2.5 may be sought with a special permit.
61.05.10.6.1 Per Parcel Limit. One short-term rental may be permitted per legal parcel.
61.05.10.6.2 Neighborhood Concentration. Each short-term rental may not exceed the following neighborhood concentration limitations, except within the Shelter Cove Community Plan Area where this standard does not apply:
61.05.10.6.2.1Parcels with a General Plan density of one (1) or more dwelling units per acre:
61.05.10.6.2.1.1Short-term rentals shall not exceed ten percent (10%) of the dwellings on the access road (one (1) dwelling for roads with less than ten (10) dwellings); and
61.05.10.6.2.1.2There shall not be another short-term rental within six hundred (600) feet of the proposed short-term rental, measured as a six hundred (600) foot radius from the center of the dwelling used for the short-term rental.
61.05.10.6.2.2Parcels with a General Plan density of less than one (1) dwelling unit per acre:
61.05.10.6.2.2.1Short-term rentals shall not exceed twenty percent (20%) of the dwellings on the access road (one (1) dwelling for roads with less than five (5) dwellings).
61.05.10.6.2.3 Private Gatherings and Parties. Gatherings and parties shall have no more than twice the maximum occupancy of the short-term rental, only allowed during the hours of 8:00 a.m. to 10:00 p.m. (not eligible for stay). If gatherings are intended, they must be included in the application for the short-term rental and the application must include provisions for parking, which can be on-street where allowed.
61.05.10.6.2.4 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
61.05.10.6.2.4.1Following one (1) or more noise complaint(s) for a short-term rental, the permit holder shall install noise sensors and provide recorded data to the Planning and Building Department upon request.
61.05.10.6.2.5 Parking. Each short-term rental shall provide one off-street parking space per rented bedroom. Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required.
61.1 SOLID WASTE DISPOSAL ¶
61.1.1 Purpose. The purpose of these regulations is to ensure that proposed solid waste disposal projects shall be sited and developed to avoid or minimize harmful effects to human health, natural resources and scenic resources. (Former Section CZ#A314-34(A))
61.1.2 Applicability. These regulations shall apply in all zones in which the Solid Waste use type is permitted, including but not limited to proposed expansions at existing solid waste disposal sites, and to proposed new project sites. (Former Section CZ#A314-34(B))
61.1.3 Supplemental Application Materials. In addition to materials required pursuant to the Permit Procedures in Chapter 2 of this Code, applications for solid waste disposal projects shall include a solid waste disposal plan, which shall include: (Former Section CZ#A314-34(C))
61.1.3.1Estimates of the quantity of waste to be disposed of and the area and volume required for disposal, on an annual basis, including five (5) and ten (10) year projections; (Former Section CZ#A314-34(C)(1))
61.1.3.2Description of toxicity and harmful effects on people, plants, and animals of material to be disposed of; (Former Section CZ#A314-34(C)(2))
61.1.3.3Site alternatives and description of impacts associated with each, a list of possible future uses for each of the sites considered, and a list of uses which would not be possible after project completion; (Former Section CZ#A314-34(C)(3))
61.1.3.4Relationship of this disposal project to other disposal projects in the area; (Former Section CZ#A314-34(C)(4)
61.1.3.5A monitoring and mitigation program to insure the prevention of damage to soil, plant and animal life, and surface and subsurface water supplies; (Former Section CZ#A314-34(C)(5))
61.1.3.6A reclamation and restoration plan, including descriptions of recontouring, revegetation, visual buffering during and after the project; and (Former Section CZ#A314-34(C)(6))
61.1.3.7Assessment of conformity with the Humboldt County Solid Waste Management Plan. (Former Section CZ#A314-34(C)(7))
61.1.4 Required Findings. Solid waste disposal projects shall be approved only if the applicable Civic Development Impact Findings in this Code are made. (Former Section CZ#A314-34(D))
61.1.5 Compliance with Applicable Laws. It should be noted that any solid waste disposal facility must, in addition to complying with these zoning regulations, comply with all applicable Federal, State and local laws related to solid waste disposal.
61.2 SURFACE MINING AND RECLAMATION ¶
61.2.1 Purpose, Intent and Findings. This section explains why these rules are in the Humboldt County Code. If there is something in these sections that is not clear, and that needs to be interpreted, the “purposes and intent” of the Board, as explained in this section, should be used so that any interpretation follows these purposes and carries out these intentions. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1 Purpose and Intent. The purpose of this Chapter is to implement the provisions of the California Surface Mining and Reclamation Act of 1975, as most recently amended, and the California Coastal Act, as amended (see Public Resources Code Section 30000 and following) for reclamation plan, use permit, and mining permit purposes only. This Chapter shall not govern the issuance of a coastal development permit. Coastal Development Permits shall either be reviewed by the Coastal Commission for development within the Commission’s retained coastal development permit jurisdiction pursuant to the Coastal Act, or by the County or the Commission on appeal for development within the County’s coastal development permit jurisdiction pursuant to the certified Local Coastal Program standards governing the issuance of coastal development permits. The State Surface Mining law is found in the Public Resources Code, at Section 2207 and Section 2710 and following. In this ordinance this State law will be referred to as the “Act”, or as “SMARA.” The Surface Mining Regulations are found in Title 14 of California Code of Regulations, at Sections 3500 and following, and in this ordinance are referred to as the “state regulations”. As stated in the Act, and also hereby stated by this Board, it is the intent of the Board of Supervisors to: (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96; Amended by Ord. 2254, Sec. 1, 09/04/2001)
61.2.1.1.1protect the quality of the County’s environment; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.2encourage the conservation and production of known or portential mineral deposits for the economic health and well-being of society; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.3regulate surface mining operations so as to prevent or minimize adverse environmental effects of surface mining; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.4provide for the reclamation of mined lands; and (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.5reduce or eliminate hazards to public health and safety due to surface mining operations. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2 Findings. The Board hereby finds and declares that: ¶
61.2.1.2.1the extraction of minerals is essential to the continued economic well-being of the County and the needs of society. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.2the rehabilitation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.3the reclamation of mined lands as provided in this ordinance will allow the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.4that surface mining takes place in diverse areas where geologic, topographic, climatic, biological, and cultural requirements are significantly different and that reclamation operations and the specifications therefore may vary accordingly. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.5that surface mining may take place in the Coastal Zone of the County only if surface mining is consistent with the Coastal Act and/or the applicable certified Local Coastal Program. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96; Amended by Ord. 2254, Sec. 1, 09/04/2001)
61.2.2 Incorporation of State Law and Regulations by Reference. ¶
61.2.2.1 Reason. This Board has determined that one (1) of the most efficient and easiest methods to ensure that this County’s SMARA ordinance is written as required by State alw is to “incorporate by reference” the provisions of State law. This avoids the possibility that any provision of State law will be overlooked or inadvertantly misstated in this ordinance. It also avoids the need to amend this ordinance every time the State amends the State law, because those changes will, in most cases, automatically become a part of this section of the Code (however, see note below for exceptions).
NOTE: WHENEVER YOU MUST COMPLY WITH STATE OR LOCAL SMARA REGULATIONS, YOU WILL NEED TO GET A COPY OF THE STATE LAW AND REGULATIONS AND FOLLOW THOSE RULES. THIS ORDINANCE CONTAINS SOME SECTIONS IN ADDITION TO STATE LAW WHICH EXPLAIN HOW THE RULES WORK IN HUMBOLDT COUNTY. IF STATE LAW IS DIFFERENT THAN THESE LOCAL RULES, STATE LAW SHOULD BE FOLLOWED, UNLESS THE RULES IN THIS LOCAL ORDINANCE ARE MORE RESTRICTIVE ON MINING OPERATIONS, IN WHICH CASE THE STATE LAW THAT SAYS THAT THE MORE RESTRICTIVE SECTIONS OF THIS ORDINANCE MUST APPLY. (Added by Ord. 2117, Sec. 2, 5/28/96)
(Ord. 2117, § 2, 5/28/1996)
61.2.2.2 Incorporation of State Law and Regulations by reference. The County of Humboldt hereby incorporates by reference, as if fully set forth herein, the State Surface Mining and Reclamtation Act of 1975, and all amendments to that Act, which are currently set forth in Public Resources Code, Section 2207 and Section 2710 and following. Further incorporated herein by reference are the State Regulations adopted by the State to implement the Act, as amended from time to time by the State.
The regulations are currently set forth in Title 14 of the California Code of Regulations at Sections 3500 and following, Section 3700 and following (“reclamation standards”), and Section 3800 and following (“financial assurances”), and are also referred to in this ordinance as the “state regulations”. (Added by Ord. 2117, Sec. 2, 5/28/96)
Further, the California Coastal Act and implementing regulations are hereby incorporated by reference, as if fully set forth herein, including but not limited to Public Resources Code Section 30000 and following. (Added by Ord. 2117, Sec. 2, 5/28/96)
Any reference in this ordinance to compliance with this “Chapter” also means compliance with all incorporated laws and regulations. Some provisions of state law are restated in this ordinance, and some are not. State law and regulations apply to mining operations, whether or not those laws and regulations are restated herein. (Ord. 2117, § 2, 5/28/1996)
61.2.3 Limitations on Specified Activities. ¶
61.2.3.1 Reasons for limitations. The following activities are regulated by both State and local laws and regulations. The following limitations restate those environmental protections contained in the former County SMARA ordinance in order to ensure the continuation of the following protections. (Ord. 2117, § 2, 5/28/1996)
61.2.3.2 “Stream bed Skimming.” State law contains an exception for non-commercial excavations or grading conducted for the purposes of farming, on-site construction, or restoring land following a flood or natural disaster at Section 2714(a) of the State Act. Consistent with the County’s prior ordinance governing mining operations, such activities are excepted only to the extent that the mining operation does not exceed the one time, one acre, one thousand cubic yard exception contained in current Section 2714(d) of the Act. This section shall not apply to timber operations which are governed by Section 2714(j) of the Act. (Former Section CZ#A31436(K); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.3.3 Drainage, Erosion and Sediment Control. In addition to the “performance standards” set forth in Section 3706 of the Regulations, final grading and drainage shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations. Note that subdivision (c) of Section 3706 of the Regulations requires compliance with Regional Water Quality Control Board or the State Water Resources Board for water discharge standards. (Former Section CZ#A314-36(F)(2)(h)(iii); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4 Use Permit.
61.2.4.1 Application. ¶
61.2.4.1.1 Filing procedure. An application for a Use Permit for a mining operation shall be submitted to the County Planning Division on forms furished by that division and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planing Division. As may be required, supplemental information shall be provided in Appendices to the application forms in the following format: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.1Appendix A = Project Description, including the date of commencement of the project, the duration of the project, and the anticipated date of completion (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.2Appendix B = Property Documentation (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.3Appendix C = Reclamation Plan (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.4Appendix D = Environmental Assessment (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.5Appendix E = Maps and Illuistrations (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.2 Filing Fee. Each application shall be accompanied by a filing fee in an amount to be set from time to time by the Board of Supervisors. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.3 Acceptance. An application will not be accepted by the Planning Division as complete until the applicant sets forth the required information in sufficeint detail to the satisfaction of the Department. When the Department receives all of the information which it requires, the Department shall notify the applicant that the application is accepted as complete pursuant to this section. Acceptance of an application as complete does not constitute an indication of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.4 Preliminary Reviews. In order to expedite processing, prior to submitting the completed application, Appendix C, the Reclamation Plan, and Appendix D, the Environmental Assessment may be submitted in draft form for preliminary review purposes. However, there is a fee for preliminary reviews, an no final decisions will be made on the application until the project has been reviewed in its complete form. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2 Procedure for Review and Action on Applications. ¶
61.2.4.2.1 Review. The Planning Division will review the use permit application for accuracy and completeness, and will coordinate the review with other County and public agencies. Unless for some reason it is not posible, the use permit required by this section, and the reclamation plan required by the next section shall be considered together as one application. Applicants should note that any documents required for environmental review pursuant to the Califorinia Environmental Quality Act must also be processed in a timely manner to avoid any delays in the application. Applicants should discuss with the Department any questions thay may have about the required environmental reviews. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.2 Public Hearing. Upon completion of the review process, a public hearing shall be held before the Planning Commission. Notice of the public hearing shall be given in accordance with Humboldt County Code. Notification shall also include, at a minimum, property owners within three hundred (300) feet of the property lines of the parcels on which mining operations will occur, and fifteen hundred (1500) feet from the location of any processing plant. Notification shall also be provided to property owners affected by the mining operation and affected haul routes as provided by Section 2530 of Chapter 3 of the Framework Plan of the County’s General Plan. The notice shall specifically identify each issue to be considered at the hearing. The purpose of the hearing shall be to consider the applicant’s request and to approve, conditionally approve, or deny the issuance of a Use Permit. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3 Approval or Denial. In addition to any findings required for a Use Permit by this County Code, the Planning Commission shall approve or approve with conditions the issuance of a use permit if the evidence presented supports the conclusions of subsections 61.2.4.2.3.1. and 61.2.4.2.3.2: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3.1That the application and supporting documents adequately describe the proposed surface mining operation, and adequate measures are incorporated to mitigate the probable or known significant environmental effects which have been or may be caused by the proposed operation. (This section is intended to remind applicants of the requirements for compliance with the California Environmental Quality Act (CEQA), which complicance is required before any permits may be issued); and (Former Section CZ#A31436; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3.2That the proposed use and location of the surface mining operation is properly located in accordance with the General Plan and any relevant element thereof, to the community as a whole, and to other land uses in the vicinity. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3.3If the Planning Commission determines that the findings of subsections 61.2.4.2.3.1 and 61.2.4.2.3.2 cannot be made, it shall so state and deny the application. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.4 Conditions of Approval. The Planning Commission shall, as is necessary to conform with the provisions of this ordinance, the Act and Regulations, and other applicable laws, provide that the issuance of the use permit shall be contingent upon acceptance and observance of specified reasonable conditions related to surface mining operations, including the approval of a complete and final reclamation plan and financial assurances. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.5 Commencement of Operations. An operator shall commence a surface mining operation not later than one (1) year, or such longer period as may be agreed to between the County and Applicant, from the date of issuance of a use permit, approval of the - reclamation plan (see Section 313 61.2.5), and approval of financial assurances, whichever is later. Failure to commence diligent operations within the one (1) year period, or otherwise agreed to period, renders the use permit void. This section shall not apply to those surface mining operations which, after obtaining a use permit, comply with any relevant provisions of Section 313-61.2.7 relating to idle mines. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.6 Term. Mining permits shall be granted for a period of not less than three (3) years and not more than fifteen (15) years. The term of the permit is a discretionary decision which should be governed by the life expectancy of the operation, and any special circumstances releated to the operation which would make appropriate a more frequent or less frequent review of the operation shall be stated in the grant of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
Upon written request to the Zoning Administrator, before expiration of the original permit, the permit may be reissued for a period equal to that grant of the original permit so long as the permit holder establishes to the satisfaction of the Zoning Administrator, or on appeal to the Board of Supervisors, that the use has been conducted in compliance with permit conditions. (Former Section CZ#A31436; Amended by Ord. 2117, Sec. 2, 5/28/96)
If the law or circumstances of the mining operation have changed from the time the permit was originally issued, any new conditions or requirements determined by the Zoning Administrator, or the Board of Supervisors on appeal, to be necessary for compliance with the laws, regulations or changed circumstances may be added to or modified in the reissued permit. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
This section does not establish any right by an operator to continue operating in any particular manner, or at all, at the end of the initial term of the permit originally issued, or any extension thereof. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.7 Rights of Successors. Any use permit issued for a surface mining operation shall run with the land affected thereby and conditions shall be binding upon all succcessors, heirs, and assigns of the operator. (Former Section CZ#A314-36(H)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.8 Revocation. Permits or any other grant of authority for activities undertaken pursuant to this Chapter may be revoked or suspended as any other permit, in accordance with current Chapter 2, Procedures, or any other applicable provision of the County Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5 Reclamation Plan. ¶
61.2.5.1 Submittal for Approval. ¶
61.2.5.1.1 Filing Procedure. A reclaimation plan required by this Chapter shall be submitted to the County Planning Division and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planning Division. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.1.2 Filing Fee. ¶
61.2.5.1.2.1For a reclamation plan filed as part of a use permit application, there shall be no filing fee. (The fee is already submitted as - part of the use permit application, which has its fees authorized under Section 313 61.2.4) (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.1.2.2All other reclamation plans filed for review and approval shall be accompanied by a filing fee in the amount to be set from time to time by the Board of Supervisors. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.1.3 Acceptance. A reclamation plan filed under the foregoing paragraphs of this section will not be accepted by the Planning Division as complete until it sets forth the required information in sufficient detail to the satisfaction of the Division. The Department shall then notify the person submitting the plan that it is accepted as complete for review pursuant to Section 313-61.2.9. Accepance of a reclamation plan does not consitute an indication of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2 Procedure.
61.2.5.2.1 Review. ¶
61.2.5.2.1.1The Planning Division will review the reclamation plan for accuracy, adequacy, and completeness, and will coordinate the review with other County and public agencies. The Planning Division shall, in compliance with Section 2774 of the Public Resources Code, submit a copy of the proposed reclamation plan to the State Department of Conservation and any comments received from that Department shall be uincorporated into the review. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.1.2In accordance with Section 2774 of the Act, there shall be at least one public hearing on every reclamation plan, as well as for proposed substantial amendments to previously approved reclamation plans. The hearing on the reclamation plan may be combined with a public hearing on other aspects of the project, so long as all notices clearly specify that the reclamation plan will be one (1) of the subjects of the hearing. Notice of the public hearing shall be given in accordance with subsection 313-61.2.4.2.2. The purpose of the hearing shall be to receive comments from interested parties, and to assure compliance with Section 2774(a) of the Public Resources Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.2 Approval or Disapproval. The Planning Commission shall approve or approve with conditions the reclamation plan if the evidence presented establishes that the reclamation plan and supporting documents meet all of the conditions and requirements of SMARA, including but not limited to Sections 2772 and 2773(a) of the Act and Section 3502 and following of the State Regulations, and any additional County requirements for reclamation. Otherwise the Commission shall deny the application. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3 Conditions of Approval. The Planning Commission shall, to the extent necessary to conform with the provisions of this ordinance and with Section 2773.1 of the Public Resources Code, apply conditions to the approval of the reclamation plan. Such conditions shall include, but not be limited to: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.1The meeting or exceeding of the minimum, verifiable statewide reclamation standards which may be adopted from time to time by the State Mining and Geology Board pursuant to Section 2773(b) of the Public Resources Code, including but not limited to California Code of Regulations Section 3500 and following and Section 3700 and following, or any successor provisions thereto. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
erifiable statewide reclamation standards which may be adopted from time to time by the State Mining and Geology Board pursuant to Section 2773(b) of the Public Resources Code, including but not limited to California Code of Regulations Section 3500 and following and Section 3700 and following, or any successor provisions thereto. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.2The entering into agreement between the Operator and the County whereby financial assurances are provided by the Operator to assure the reclamation of all mined lands in the event of default by the Operator. Such financial assurances shall be made in the form, manner and timing as is required by State law and Regulations. See, current Section 2773.1 of the Act, and Section 3800 and following of the Regulations, which provide that the financial assurances shall be made payable to the County and the Director of the Department of Conservation, and shall be limited to the following forms: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.2.1Surety bonds;
61.2.5.2.3.2.2Irrevocable letters of credit;
61.2.5.2.3.2.3Trust funds; and
61.2.5.2.3.2.4Other forms of financial assurances specified by the State Mining and Geology Board pursuant to the Public Resources Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.3The right of access to the mined lands by County staff and their agents, and of authorized employees of the Department of Conservation in the performance of their enforcement responsibilities, including but not limited to inspections to determine compliance with any permit, permit conditions or approved reclamation plan; and, (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.4A statement that all permit conditions, reclamation plan contents and requirements and financial assurances shall run with the land and shall be legally binding on all successors, heirs, and assigns of the Operator, and the landowner, if they are different. The landowner, and the operator, if they are not the same person, shall sign a “Statement of Responsibility”, which is a required part of the reclamation plan materials, acknowledging and accepting responsibility for full implementation and perfomance of all aspects of any applicable reclamation plans. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
wner, if they are different. The landowner, and the operator, if they are not the same person, shall sign a “Statement of Responsibility”, which is a required part of the reclamation plan materials, acknowledging and accepting responsibility for full implementation and perfomance of all aspects of any applicable reclamation plans. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.4 Amendments. Amendments to an approved reclamation plan may be submitted which detail proposed deviations. If in the judgement of the Director such amendments do not constitute a substantial change in the approved reclamation plan, such amendments may receive a summary approval by the Planning Division. If, however, in the judgement of the Director, the amendments substantially deviate from the approved reclamation plan, then the request for amendment shall be submitted and processed for approval with the same considerations as a first submittal under this subsection 61.2.5.2, and the preceeding subsection 61.2.5.1. Any party aggrieved by the decision of the Director may appeal the decision in accordance with the appeal provisions of the County Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.6 Legal Vested Mining Operations. ¶
61.2.6.0This section is applicable to local vested rights determinations and is not applicable to vested rights determinations for purposes of Coastal Development Permit requirements. The California Coastal Commission, rather than the certified local government, shall administratively adjudicate all vested right determinations for purposes of coastal development permit requirements pursaunt to the Coastal Act and all other applicable law. (Ord. 2254, § 1, 9/4/2001)
61.2.6.1 Continuance and Modification. Subject to the limitations of law, including but not limited to those expressed in this chapter and in the Act and Regulations, the operator of a legal vested surface mining operation may continue, provided that the operation does not undergo substantial alteration, expansion, or modification. (Former Section CZ#A314-36(VI)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.6.2 Special Permit Requirements. A person who has obtained a vested right to conduct surface mining operations shall submit an application for a special permit which includes a reclamation plan that was prepared in compliance with the requirements of this ordinance, and all other local, state, and federal laws and regulations, to the Planning Division for review and approval. (Former Section CZ#A314-36(VI)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
The reclamation plan shall provide for the reclamation of the area disturbed by surface mining operations mined after January 1, 1976. No substantial changes shall be made in the operation during the period in which the reclamation plan is being considered for approval. (Former Section CZ#A314-36 (VI)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.6.3 All other Requirements Applicable. Only the use permit requirements of this ordinance are not applicable to vested operations. All operations, vested or otherwise, must meet all requirements for reclamation plan and financial assurances except to the extent that such plans or assurances are not required by state law or regulations. (For example, Section 2776 of the Act does not require the reclamation plan to include certain portions of the property which were impacted solely by mining operations which occurred prior to January 1, 1976.) See Section 2773.1 for the current requirements for financial assurances. (Former Section CZ#A314-36(VI)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7 Idle Mines. ¶
61.2.7.1 Interim Management Plan. Within 90 days of a surface mining operation becoming idle, as defined in the Act (see current Sections 2727.1 and 2770(h)), the operator shall submit to the Planning Division for review and approval an interim management plan, accompanied by any required fees. The interim management plan shall describe measures the operator will implement to maintain the site in compliance with the State Act and Regulations, with this ordinance, and with all permit conditions. Any applicable fees shall be submitted with the plan. (Former Section CZ#A314-36(VII)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.2 Term of the Plan. The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the County shall do one (1) of the following: (Former Section CZ#A314-36(VII)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.2.1Renew the interim management plan for no more than one additional period not to exceed five (5) years provided the County finds that the operator has fully complied with the interim management plan; or, (Former Section CZ#A314-36(VII)(B)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.2.2Require the operator to comence reclamation in accordance with the approved reclamation plan. (Former Section CZ#A31436(VII)(B)(2) Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.3 Financial Assurances. Financial assurances as required by the Act, Regulations and this ordinance shall remain in effect during the period the surface mining operation is idle. (Former Section CZ#A314-36(VII)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.4 Interim Management Plan Approval. The receipt of an interim management plan by the Planning Division shall be considered and processed as an amendment to the approved reclamation plan. Section 2770(h) of the Act provides that the review and approval of the interim management plan is not a project for the purposes of CEQA. (Public Resources Code Section 21000 and following.) (Former Section CZ#A314-36(VII)(D); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.5 Forfeiture of Use Permit. The operator of a surface mining operation which has been abandoned, as defined in State and local SMARA law and regulations, for a period exceeding one (1) year shall forfeit the use permit and commence reclamation in accordance with the approved reclamation plan. (Former Section CZ#A314-36(VII)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.8 Intermittent Operations. Intermittent operations, as defined in Section 3500 of the Regulations are subject to all of the same rules and regulations governing active operations, unless the operation meets the definition under SMARA as an “idle” operation, in which case the provisions governing idle mines apply. (Former Section CZ#A314-36(VIII); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9 Administration and Enforcement.
61.2.9.1 Time Limitations. ¶
61.2.9.1.1 Use Permit and Reclamation Plan Applications. Upon receipt of an application for a Use Permit and/or a reclamation plan for a surface mining operation, the Planning Division shall notify the applicant within 30 days as to the adequacy and completeness of the application. (Former Section CZ#A314-36(IX)(A)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.1.2 Time for Review. The review procedure, including the holding of the pulic hearing, shall be completed within one hundred twenty (120) days of the filing of the complete reclamation plan (this time frame allows 30 days for the State agency review of the plan, 45 days for the State review of the financial assurances, and 30 days for the processing time by County staff after the State responses have been received; all reasonable efforts will be made by County staff to process projects as quickly as possible). Compliance with this requirement shall be subject to time constraints imposed by Section 2774(d) of the Public Resources Code and the California Environmental Quality Act (CEQA). A failure by the State or County to meet these deadlines shall not result in automatic approval of the plan or project. (Former Section CZ#A314-36(IX)(A)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.2 Simultaneous Processing. Applicants are urged to submit all required applications and supporting documents at the same time. In the event that an application for a use permit for a surface mining operation and a reclamation plan are submitted for approval pertaining to the same project, then review and processing of the reclamation plan shall occur simultaneously with that of the use permit application. Either concurrent with or prior to the issuance of a use permit, the reclamation plan shall have been approved. Submitting all required documentation for simultaneous processing may avoid multiple hearings and may reduce the time and cost of processing the applications. It should be noted that Section 2772(b) of the Act requires that “all documenation for the reclamation plan shall be submitted to the lead agency (County) at one time.” (Former Section CZ#A314-36(IX)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.3 Public Record. Applications, reclamation plans, interim management plans and other documents submitted in support of this Chapter are public records unless it is demonstrated to the satisfaction of the County that the release of such information, or any part thereof, would reveal reserves, production, or rates of depletion entitled to protection as proprietary information. The County shall identify such proprietary information as a separate part of the application, and such proprietary information shall be made available only to the State Geologist and to persons authorized to receive such proprietary information. Such authorization shall be presented to the County in writing by the operator. (Former Section CZ#A314-36(IX)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4 Inspection and Review. ¶
61.2.9.4.1 Operations. The Director shall cause periodic inspections to be made of each surface mining operation to assure the compliance with all permit conditions and requirements (including but not limited to those of the reclamation plan, if applicable at the time of inspection), if any, and with local and state law and regulations. The maximum interval between inspections shall be one year. (Former Section CZ#A314-36(IX)(D)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4.2 Reclamation Plans. In accord with Section 2774(b) of the Public Resources Code, the Director shall cause an annual inspection of each surface mining operation to be made to determine whether the surface mining operation is in compliance with the Act, State Regulations, this ordinance and any applicable permit conditions. Such inspection shall be conducted using a form provided by the State Department of Conservation for that purpose, and shall be conducted no later than six (6) months after receiving the surface mining operation’s annual report submitted pursaunt to Section 2207 of the Public Resources Code and Paragraph 61.2.9.5. (Former Section CZ#A314-36(IX)(D)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4.3 Interim Management Plan. The Director shall cause periodic inspections to be made of each idle mine with an approved interim management plan. Such inspections shall be to assure the compliance with the interim management plan and shall be in accord with Paragraph 61.2.9.4.2, if applicable. The maximum interval between inspections shall be one year. (Former Section CZ#A314-36(IX)(D)(3); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4.4 Cost of Inspections. The cost of any inspection(s) required by Paragraph 61.2.9.4.2 shall be borne by the operator. In causing the performance of these inspections, the Director may implement procedures which are consistent with good practice and which will minimize the costs of inspection. (Former Section CZ#A314-36(IX)(D)(4); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.5 Annual Report. In compliance with Section 2207 of the Act, the owner, manager or other person in charge of any surface mining operation shall forward an annual report to the Director of the State Department of Conservation on forms furnished by the State Mining and Geology Board. Such annual report shall be in accord with the instructions included with the forms, and shall include all information required by the Act (see Section 2207(a)), State Regulations, and this ordinance. The designated copy shall be submitted to the County Planning Division on or before the anniversary date established by the Director of the State Department. (Former Section CZ#A314-36(IX)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)
cord with the instructions included with the forms, and shall include all information required by the Act (see Section 2207(a)), State Regulations, and this ordinance. The designated copy shall be submitted to the County Planning Division on or before the anniversary date established by the Director of the State Department. (Former Section CZ#A314-36(IX)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.6 Appeals. Decisions of the Director, Zoning Administrator, or Planning Commission required by this Chapter may be appealed in the manner set forth in the Humboldt County Code. An applicant, whose request for a permit to conduct surface mining operations in an area of regional or statewide significance has been denied by County action, or any person who is aggrieved by the granting of a permit to conduct surface mining operations in an area of statewide or regional significance may, within fifteen days of exhausting his rights to appeal in accordance with this section, may appeal to the State Mining and Geology Board in accordance with the provisions of Section 2775 of the Public Resources Code. (Former Section CZ#A314-36(IX)(F); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7 Enforcement. ¶
61.2.9.7.1 Violation-Public Nuisance. Any violation of this chapter is unlawful and is hereby deemed to be a public nuisance, and shall be abated, eliminated and enjoined as provided by the Humboldt County Code and/or any other provision of law. Any person or entity operating without legal authorization shall cease activities immediately. (Former Section CZ#A314-36(IX)(G)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2 Violation-Noncompliance. ¶
61.2.9.7.2.1If the Director should determine that a permitted or otherwise legally authorized operator is not in compliance with the provisions of this Chapter, the County, in conformance with Section 2774.1(a) of the Public Resources Code, shall, to the extent feasible with the resources available to the County, notify the operator of that violation by personal service or certified mail. If the violation extends beyond 30 days after the date of the County’s notification, an order shall be sent by personal service or certified mail requiring the operator to comply with this Chapter, or, if the operator does not have an approved reclamation plan or financial assurances, cease all further mining activities. See, Section 2774.1(a) of the Act. (Former Section CZ#A314-36(IX)(G)(2)(a); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.2An order issued under subsection 61.2.9.7.2.1, shall not take effect until the operator has been provided a hearing before the Planning Commission concerning the alleged violation. Any order issued under subsection 61.2.9.7.2.1 shall specify which aspect of the surface mine’s activities or operations are inconsistent with this Chapter and shall specify a time for compliance, and shall set a date for the hearing, which shall not be sooner than 30 days after the date of the order. (Former Section CZ#A314-36(IX)(G)(2)(b); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.3Any operator who violates or fails to comply with an order issued under Paragraph 61.2.9.7.2.1 after the order’s effective date shall be subject to an order by the County or the State Director imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with any provision of Chapter 9 of Division 2 and/or Section 2207 of the Public Resources Code. (Former Section CZ#A314-36(IX)(G)(2)(c); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.4Any operator who fails to submit a timely report to the Planning Division pursaunt to subsection 313-61.2.9.5 of this section, and Section 2207 of the Public Resources Code, shall be subject to any order issued by the County imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with subsection 313-61.2.9.5, and/or Section 2207 of the Public Resources Code. (Former Section CZ#A314-36(IX)(G)(2)(d); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.5If the State Department of Conservation notifies the Planning Division of any known or apparent violations or noncompliance with the Act in writing, and subject to the limitations in Section 2774.1 of the Public Resources Code, the County shall have primary jurisdiction and reponsibility of administering this Chapter and the State Act and Regulations. . (Former Section CZ#A314-36(IX)(G)(2)(e); Amended by Ord. 2117, Sec. 2, 5/28/96)
ion notifies the Planning Division of any known or apparent violations or noncompliance with the Act in writing, and subject to the limitations in Section 2774.1 of the Public Resources Code, the County shall have primary jurisdiction and reponsibility of administering this Chapter and the State Act and Regulations. . (Former Section CZ#A314-36(IX)(G)(2)(e); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.3Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, including, but not limited to, the use permit revocation proceedings. . (Former Section CZ#A314-36(IX)(G)(3); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10 Mining Permit Standards. In addition to meeting the minimum acceptable surface mining and reclamation practices in the State Act and Regulations, each surface mining operation shall be designed and conducted to meet the operational standards of this Section. Conditions may be imposed on mining permits to ensure compliance with minimum acceptable practices and standards. Operators authoirzed by a permit shall be conducted only by the operator or an authorized agent. Additional standards are set forth in the Act and Regulations. See, for example, Section 3700 and following, “Reclamation Standards.” (Former Section CZ#A314-36(X); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.1 Access Roads. All private encroachments leading to a surface mining operation shall be adequately surfaced to prevent aggregate or other materials from being drawn onto the public way. (Former Section CZ#A314-36(X)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.2 Dust Suppression. All haul roads and driveways shall be maintained as necessary to minimize the emission of dust and prevent the creation of a nuisance to adjacent properties. (Former Section CZ#A314-36(X)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.3 Discharge Waters. Any waters discharged from the mined lands shall meet all applicable water quality standards of the Regional Water Quality Control Board and other agencies with authority over such discharges. (Former Section CZ#A314-36(X)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.4 Erosion Control. Adequate measures shall be taken to assure the prevention of erosion from mined lands and adjacent properties during the life of the operation. The reclamation plan shall assure the prevention of erosion subsequent to surface mining operations. (See also, Section 313-61.2.3.) (Former Section CZ#A314-36(X)(D); Amended by Ord. 2117, Sec. 2, 5/28/96) (Ord. 2733, § 2, 3/5/2024; Ord. 2757, § 2, 3/11/2025)
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61.05 SHORT-TERM RENTALS ¶
61.05.1 Purpose. The purpose and intent of this section (the “Short-term Rental Ordinance”) is to protect and promote the public health, safety and welfare, protect and maintain the overall quality of the coastal zone environment and its natural and human made resources, assure orderly, balanced utilization and conservation of coastal zone resources, maximize public access to and along the coast, support tourism and economic development, minimize the loss of housing stock available to long-term renters, preserve the quality of neighborhoods, and balance the needs and rights of property owners, tenants, and neighbors.
61.05.2 Applicability. These provisions apply when dwelling units are used as short-term rentals.
61.05.3 Allowed Zones. Short-term rentals may be permitted in zoning districts where residential use is a permitted use subject to these regulations.
61.05.4 Application. In addition to all materials required for a permit pursuant to Section 312-5.2, a complete application for a shortterm rental permit shall include the following:
61.05.4.1Current grant deed for the subject parcel.
61.05.4.2 Good Neighbor Guide. ¶
61.05.4.3Affidavit signed by the permit holder confirming delivery of the Good Neighbor Guide to all neighbors in the closest ten (10) dwellings and within three hundred (300) feet up and down the street, if applicable.
61.05.4.4Evidence of property owner consent if the permit-holder is someone other than the property owner. If the property owner withdraws consent at any time when the permit is active, the permit is immediately revoked.
61.05.4.4.1Where the owner is an LLC or other corporation, the ownership of the corporation(s) shall include the people who own the corporation or controlling corporation via an ownership roster or operating agreement identifying all parties involved within the LLC or other corporation(s) for said owner or operator.
61.05.4.5Access route, if seeking a special permit and the site is accessed via a shared private road system.
61.05.4.6 Farm Stay Applications. Provide documentation describing the educational activities or experiences in which the tenants will participate as an immersive encounter with agricultural living.
61.05.5 Existing Operations. No permits for whole dwelling unit short-term rentals shall be issued during the first two (2) months following the effective date of the ordinance codified in this section but applications from individuals operating existing short-term rentals will be received. Three (3) months after the effective date of the ordinance codified in this section the Department will issue permits for qualifying locations with existing short-term rentals. An existing short-term rental shall be determined based on evidence of operation prior to October 26, 2023. If the number of permits issued for existing short-term rentals exceeds the cap identified in subsection 61.05.10.2.1, then no permits will be issued for new short-term rentals until the number of permitted short-term rentals in the County falls below the cap. A permit shall not be issued on a parcel with active violations.
61.05.6 Permit Requirements. ¶
61.05.6.1 Administrative Permit Required. A short-term rental meeting the requirements herein shall be permitted with an administrative permit.
61.05.6.2 Special Permit Required. A short-term rental seeking exception from standards identified in subsections 61.05.9.1 and 61.05.10.3 may only be allowed upon issuance of a special permit.
61.05.6.2.1 Required Findings. A special permit for a short-term rental may be approved only if the following findings are made:
61.05.6.2.1.1The short-term rental would not result in significant adverse effects on the health, safety, and welfare of the community; and
61.05.6.2.1.2The short-term rental would not result in significant adverse effects on the quality of the neighborhood.
61.05.6.2.2 Special Noticing Requirements. In addition to following the procedures identified in Section 312-8.1, Notice of Application Submittal, notice shall be sent to all owners and occupants of property accessed through shared private road system.
61.05.6.3 Conditional Use Permit Required. Whole dwelling unit short-term rentals within the Tsunami Hazard Zone of the Humboldt Bay Area Plan may only be allowed upon the issuance of a conditional use permit.
61.05.6.3.1 Required Findings. A conditional use permit for short-term rental may be approved only if the following findings are made:
61.05.6.3.1.1 The short-term rental would not adversely impact the health, safety, and welfare of the community; and
61.05.6.3.1.2The short-term rental would not adversely affect the quality of the neighborhood.
61.05.7 Permit Term for Short-Term Rentals. All short-term rental permits (including nonconforming approvals) shall lapse two (2) years after the effective date of the permit unless all of the following requirements are met:
61.05.7.1The permit holder shall submit a Statement of Continued Operation as provided by the Planning and Building Department, indicating a desire to continue operation provided that there is evidence of hosting stays; and
61.05.7.2There are no outstanding violations associated with the permit; and
61.05.7.3The permit holder shall submit evidence showing that no outstanding taxes are associated with the subject parcel.
61.05.7.4A fee which allows for review of the materials and investigation of any complaints and violations as established in the County Fee Schedule.
61.05.8 Violations. Continuous use of a short-term rental without resolution of violation(s) of this section of the Humboldt County Code may result in code enforcement action, permit suspension or permit revocation.
60.05.8.1 Suspension or Revocation. Consistent with the procedures in Section 312-14 a short-term rental permit may be suspended or revoked for violations of the short-term rental ordinance and/or violations of permit terms or conditions.
61.05.9 Home-Share Rental. This section applies to home-share rentals which are a short-term rental of a portion of a dwelling unit where the caretaker remains in residence.
61.05.9.1 Standards for Home-Share Rentals.
61.05.9.1.1 Health and Safety Standards. Exception to standards in subsections 61.05.9.1.1.3 and 61.05.9.1.1.4 may be sought with a special permit.
61.05.9.1.1.1 Building, Fire and Health.
61.05.9.1.1.1.1Dwellings shall be permitted or legal nonconforming.
61.05.9.1.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the dwelling unit.
61.05.9.1.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
61.05.9.1.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
61.05.9.1.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
61.05.9.1.2 Neighborhood Quality and Public Nuisance Standards. Exception to subsection 61.05.9.1.2.4 may be sought with a special permit.
61.05.9.1.2.1 Resident Caretaker. The caretaker shall reside within the dwelling unit and be present when rooms are occupied by guests.
61.05.9.1.2.2 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
61.05.9.1.2.3 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
61.05.9.1.2.3.1Name and telephone number for a caretaker who shall:
61.05.9.1.2.3.1.1Respond to all questions or concerns timely.
61.05.9.1.2.3.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code, timely.
61.05.9.1.2.3.2Location of the approved parking spaces.
61.05.9.1.2.3.3Permit standards.
61.05.9.1.2.3.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
61.05.9.1.2.3.5Traffic etiquette guidelines.
61.05.9.1.2.4 Parking. Each home-share short-term rental shall provide one off-street parking space per rented bedroom. Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required.
61.05.10 Short-Term Rental. This section applies to short-term rental of whole dwelling units. Short-term rentals may be rented for the whole or a portion of the year. A residence which is rented on a short-term basis for sixty (60) consecutive days or fewer out of the year does not count against the cap; provided, that it is occupied as long-term housing for the remainder of the year.
61.05.10.1 Short-Term Rentals Prohibited. Short-term rentals are not allowed in dwellings with any of the following limitations:
61.05.10.1.1 Recorded Limitation. Dwellings subject to a recorded covenant, agreement, deed restriction or other recorded document to which the county is a party that limits the use of the dwelling to affordable housing, or otherwise prohibits use as a short-term rental.
61.05.10.1.2 SB9 California H.O.M.E. Act. Dwellings on lots approved pursuant to Section 66411.7 of Chapter 1 of Division 2 of Title 7 of the California Government Code (SB 9 – “The California H.O.M.E. Act”) shall not be permitted as short-term rentals.
61.05.10.1.3 Accessory Dwelling Unit. ADUs permitted after January 1, 2020, shall not be permitted as short-term rentals.
61.05.10.1.4 Alternative Owner Builder. Dwellings permitted pursuant to the Alternative Owner Builder (AOB) provisions of Section 331.5-4 shall not be permitted as short-term rentals.
61.05.10.1.4.1AOB dwellings may be permitted after the fact, pursuant to the building code in effect at the time of original permit issuance. A short-term rental permit application may be submitted concurrently with the building permit application. The permit for the short-term rental shall not be approved until after the certificate of occupancy is issued by the Building Division.
61.05.10.2 Short-Term Rental Permit Limitations. ¶
61.05.10.2.1 Short-Term Rental Cap. The total number of short-term rentals shall be limited.
61.05.10.2.1.1Not more than two percent (2%) of the overall housing stock may be permitted as short-term rentals in the Coastal Greater Humboldt Bay Area Short-term Rental Cap Area which is comprised of the following Coastal Plan Areas: Trinidad Area Plan [AP], McKinleyville AP, Humboldt Bay AP and the Eel River AP. In addition to the two percent (2%) cap on short-term rentals in the Greater Humboldt Bay Area, not more than two percent (2%) of housing stock within each Coastal Area Plan can be used for shortterm rentals. Big Lagoon Park Subdivision/Big Lagoon Estates Subdivision (along Roundhouse Creek Road and Ocean View Drive) shall be included within the Trinidad AP for purposes of applying the cap. Farm-stays and homes listed on the local, State, or Federal historic registry are exempt from the cap.
61.05.10.2.1.2Not more than five percent (5%) of the overall housing stock outside of the Greater Humboldt Bay Area Short-term Rental Cap Area may be permitted as short-term rentals with the exception of Shelter Cove which has no limit. If the cap is exceeded, a short-term rental may be approved with a special permit.
61.05.10.2.1.3In areas where the cap applies, applications for existing short-term rentals can be submitted for sixty (60) days from the effective date of the ordinance codified in this section. The Department shall assess the status of the cap within ninety (90) days of the effective date of the ordinance codified in this section. No applications for new permits will be accepted within the area subject to the cap within ninety (90) days of the effective date of the ordinance codified in this section.
61.05.10.2.2 Nontransferable. Short-term rental permits shall not be transferred between property owners.
61.05.10.2.3 Per Person Limit. An individual or business shall not own more than three (3) parcels with short-term rental permits.
61.05.10.2.4 Resource Zone Districts. Short-term rentals in Agriculture Exclusive Zone, Commercial Timberland Zone, and Timberland Production Zone may only be permitted as farm stays.
61.05.10.2.5 No Violations. A permit shall not be issued on a parcel with active violations.
61.05.10.3 Standards for Short-term Rentals. ¶
61.05.10.3.1 Health and Safety. Exception to standards in Sections 313-61.05.10.3.1.3 and 313-61.05.10.3.1.4 may be sought with a special permit.
61.05.10.3.1.1 Building and Fire. ¶
61.05.10.3.1.1.1Dwellings shall be permitted or legal nonconforming.
61.05.10.3.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the short-term rental.
61.05.10.3.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
61.05.10.3.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
61.05.10.3.1.3.1 Road Maintenance Association (RMA). If a private access road has an established RMA, the permit-holder shall be a member in good standing.
61.05.10.3.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
61.05.10.4 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
61.05.10.4.1Name and telephone number for a caretaker who shall:
61.05.10.4.1.1Respond to all questions or concerns timely.
61.05.10.4.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code, timely.
61.05.10.4.2Location of the approved parking spaces.
61.05.10.4.3Permit standards.
61.05.10.4.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
61.05.10.4.5Traffic etiquette guidelines.
61.05.10.5 Lighting. No direct light shall spill onto adjacent properties or create glare above the property.
61.05.10.6 Neighborhood Quality and Public Nuisance. These provisions apply to parcels that are within a Community Plan Area, are less than ten (10) acres in area, and where the short-term rental is located within one thousand (1,000) feet of the nearest neighboring residence. Exception to standards in subsections 61.05.10.6.1 through 61.05.10.6.2.5 may be sought with a special permit.
61.05.10.6.1 Per Parcel Limit. One short-term rental may be permitted per legal parcel.
61.05.10.6.2 Neighborhood Concentration. Each short-term rental may not exceed the following neighborhood concentration limitations, except within the Shelter Cove Community Plan Area where this standard does not apply:
61.05.10.6.2.1Parcels with a General Plan density of one (1) or more dwelling units per acre:
61.05.10.6.2.1.1Short-term rentals shall not exceed ten percent (10%) of the dwellings on the access road (one (1) dwelling for roads with less than ten (10) dwellings); and
61.05.10.6.2.1.2There shall not be another short-term rental within six hundred (600) feet of the proposed short-term rental, measured as a six hundred (600) foot radius from the center of the dwelling used for the short-term rental.
61.05.10.6.2.2Parcels with a General Plan density of less than one (1) dwelling unit per acre:
61.05.10.6.2.2.1Short-term rentals shall not exceed twenty percent (20%) of the dwellings on the access road (one (1) dwelling for roads with less than five (5) dwellings).
61.05.10.6.2.3 Private Gatherings and Parties. Gatherings and parties shall have no more than twice the maximum occupancy of the short-term rental, only allowed during the hours of 8:00 a.m. to 10:00 p.m. (not eligible for stay). If gatherings are intended, they must be included in the application for the short-term rental and the application must include provisions for parking, which can be on-street where allowed.
61.05.10.6.2.4 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
61.05.10.6.2.4.1Following one (1) or more noise complaint(s) for a short-term rental, the permit holder shall install noise sensors and provide recorded data to the Planning and Building Department upon request.
61.05.10.6.2.5 Parking. Each short-term rental shall provide one off-street parking space per rented bedroom. Where legal on-street parking is available, one on-street parking space may count toward the minimum number of parking spaces required.
61.1 SOLID WASTE DISPOSAL ¶
61.1.1 Purpose. The purpose of these regulations is to ensure that proposed solid waste disposal projects shall be sited and developed to avoid or minimize harmful effects to human health, natural resources and scenic resources. (Former Section CZ#A314-34(A))
61.1.2 Applicability. These regulations shall apply in all zones in which the Solid Waste use type is permitted, including but not limited to proposed expansions at existing solid waste disposal sites, and to proposed new project sites. (Former Section CZ#A314-34(B))
61.1.3 Supplemental Application Materials. In addition to materials required pursuant to the Permit Procedures in Chapter 2 of this Code, applications for solid waste disposal projects shall include a solid waste disposal plan, which shall include: (Former Section CZ#A314-34(C))
61.1.3.1Estimates of the quantity of waste to be disposed of and the area and volume required for disposal, on an annual basis, including five (5) and ten (10) year projections; (Former Section CZ#A314-34(C)(1))
61.1.3.2Description of toxicity and harmful effects on people, plants, and animals of material to be disposed of; (Former Section CZ#A314-34(C)(2))
61.1.3.3Site alternatives and description of impacts associated with each, a list of possible future uses for each of the sites considered, and a list of uses which would not be possible after project completion; (Former Section CZ#A314-34(C)(3))
61.1.3.4Relationship of this disposal project to other disposal projects in the area; (Former Section CZ#A314-34(C)(4)
61.1.3.5A monitoring and mitigation program to insure the prevention of damage to soil, plant and animal life, and surface and subsurface water supplies; (Former Section CZ#A314-34(C)(5))
61.1.3.6A reclamation and restoration plan, including descriptions of recontouring, revegetation, visual buffering during and after the project; and (Former Section CZ#A314-34(C)(6))
61.1.3.7Assessment of conformity with the Humboldt County Solid Waste Management Plan. (Former Section CZ#A314-34(C)(7))
61.1.4 Required Findings. Solid waste disposal projects shall be approved only if the applicable Civic Development Impact Findings in this Code are made. (Former Section CZ#A314-34(D))
61.1.5 Compliance with Applicable Laws. It should be noted that any solid waste disposal facility must, in addition to complying with these zoning regulations, comply with all applicable Federal, State and local laws related to solid waste disposal.
61.2 SURFACE MINING AND RECLAMATION ¶
61.2.1 Purpose, Intent and Findings. This section explains why these rules are in the Humboldt County Code. If there is something in these sections that is not clear, and that needs to be interpreted, the “purposes and intent” of the Board, as explained in this section, should be used so that any interpretation follows these purposes and carries out these intentions. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1 Purpose and Intent. The purpose of this Chapter is to implement the provisions of the California Surface Mining and Reclamation Act of 1975, as most recently amended, and the California Coastal Act, as amended (see Public Resources Code Section 30000 and following) for reclamation plan, use permit, and mining permit purposes only. This Chapter shall not govern the issuance of a coastal development permit. Coastal Development Permits shall either be reviewed by the Coastal Commission for development within the Commission’s retained coastal development permit jurisdiction pursuant to the Coastal Act, or by the County or the Commission on appeal for development within the County’s coastal development permit jurisdiction pursuant to the certified Local Coastal Program standards governing the issuance of coastal development permits. The State Surface Mining law is found in the Public Resources Code, at Section 2207 and Section 2710 and following. In this ordinance this State law will be referred to as the “Act”, or as “SMARA.” The Surface Mining Regulations are found in Title 14 of California Code of Regulations, at Sections 3500 and following, and in this ordinance are referred to as the “state regulations”. As stated in the Act, and also hereby stated by this Board, it is the intent of the Board of Supervisors to: (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96; Amended by Ord. 2254, Sec. 1, 09/04/2001)
61.2.1.1.1protect the quality of the County’s environment; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.2encourage the conservation and production of known or portential mineral deposits for the economic health and well-being of society; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.3regulate surface mining operations so as to prevent or minimize adverse environmental effects of surface mining; (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.4provide for the reclamation of mined lands; and (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.1.5reduce or eliminate hazards to public health and safety due to surface mining operations. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2 Findings. The Board hereby finds and declares that: ¶
61.2.1.2.1the extraction of minerals is essential to the continued economic well-being of the County and the needs of society. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.2the rehabilitation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.3the reclamation of mined lands as provided in this ordinance will allow the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.4that surface mining takes place in diverse areas where geologic, topographic, climatic, biological, and cultural requirements are significantly different and that reclamation operations and the specifications therefore may vary accordingly. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.1.2.5that surface mining may take place in the Coastal Zone of the County only if surface mining is consistent with the Coastal Act and/or the applicable certified Local Coastal Program. (Former Section CZ#A314-36(A); Amended by Ord. 2117, Sec. 2, 5/28/96; Amended by Ord. 2254, Sec. 1, 09/04/2001)
61.2.2 Incorporation of State Law and Regulations by Reference. ¶
61.2.2.1 Reason. This Board has determined that one (1) of the most efficient and easiest methods to ensure that this County’s SMARA ordinance is written as required by State alw is to “incorporate by reference” the provisions of State law. This avoids the possibility that any provision of State law will be overlooked or inadvertantly misstated in this ordinance. It also avoids the need to amend this ordinance every time the State amends the State law, because those changes will, in most cases, automatically become a part of this section of the Code (however, see note below for exceptions).
NOTE: WHENEVER YOU MUST COMPLY WITH STATE OR LOCAL SMARA REGULATIONS, YOU WILL NEED TO GET A COPY OF THE STATE LAW AND REGULATIONS AND FOLLOW THOSE RULES. THIS ORDINANCE CONTAINS SOME SECTIONS IN ADDITION TO STATE LAW WHICH EXPLAIN HOW THE RULES WORK IN HUMBOLDT COUNTY. IF STATE LAW IS DIFFERENT THAN THESE LOCAL RULES, STATE LAW SHOULD BE FOLLOWED, UNLESS THE RULES IN THIS LOCAL ORDINANCE ARE MORE RESTRICTIVE ON MINING OPERATIONS, IN WHICH CASE THE STATE LAW THAT SAYS THAT THE MORE RESTRICTIVE SECTIONS OF THIS ORDINANCE MUST APPLY. (Added by Ord. 2117, Sec. 2, 5/28/96)
(Ord. 2117, § 2, 5/28/1996)
61.2.2.2 Incorporation of State Law and Regulations by reference. The County of Humboldt hereby incorporates by reference, as if fully set forth herein, the State Surface Mining and Reclamtation Act of 1975, and all amendments to that Act, which are currently set forth in Public Resources Code, Section 2207 and Section 2710 and following. Further incorporated herein by reference are the State Regulations adopted by the State to implement the Act, as amended from time to time by the State.
The regulations are currently set forth in Title 14 of the California Code of Regulations at Sections 3500 and following, Section 3700 and following (“reclamation standards”), and Section 3800 and following (“financial assurances”), and are also referred to in this ordinance as the “state regulations”. (Added by Ord. 2117, Sec. 2, 5/28/96)
Further, the California Coastal Act and implementing regulations are hereby incorporated by reference, as if fully set forth herein, including but not limited to Public Resources Code Section 30000 and following. (Added by Ord. 2117, Sec. 2, 5/28/96)
Any reference in this ordinance to compliance with this “Chapter” also means compliance with all incorporated laws and regulations. Some provisions of state law are restated in this ordinance, and some are not. State law and regulations apply to mining operations, whether or not those laws and regulations are restated herein. (Ord. 2117, § 2, 5/28/1996)
61.2.3 Limitations on Specified Activities. ¶
61.2.3.1 Reasons for limitations. The following activities are regulated by both State and local laws and regulations. The following limitations restate those environmental protections contained in the former County SMARA ordinance in order to ensure the continuation of the following protections. (Ord. 2117, § 2, 5/28/1996)
61.2.3.2 “Stream bed Skimming.” State law contains an exception for non-commercial excavations or grading conducted for the purposes of farming, on-site construction, or restoring land following a flood or natural disaster at Section 2714(a) of the State Act. Consistent with the County’s prior ordinance governing mining operations, such activities are excepted only to the extent that the mining operation does not exceed the one time, one acre, one thousand cubic yard exception contained in current Section 2714(d) of the Act. This section shall not apply to timber operations which are governed by Section 2714(j) of the Act. (Former Section CZ#A31436(K); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.3.3 Drainage, Erosion and Sediment Control. In addition to the “performance standards” set forth in Section 3706 of the Regulations, final grading and drainage shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations. Note that subdivision (c) of Section 3706 of the Regulations requires compliance with Regional Water Quality Control Board or the State Water Resources Board for water discharge standards. (Former Section CZ#A314-36(F)(2)(h)(iii); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4 Use Permit.
61.2.4.1 Application. ¶
61.2.4.1.1 Filing procedure. An application for a Use Permit for a mining operation shall be submitted to the County Planning Division on forms furished by that division and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planing Division. As may be required, supplemental information shall be provided in Appendices to the application forms in the following format: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.1Appendix A = Project Description, including the date of commencement of the project, the duration of the project, and the anticipated date of completion (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.2Appendix B = Property Documentation (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.3Appendix C = Reclamation Plan (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.4Appendix D = Environmental Assessment (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.1.5Appendix E = Maps and Illuistrations (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.2 Filing Fee. Each application shall be accompanied by a filing fee in an amount to be set from time to time by the Board of Supervisors. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.3 Acceptance. An application will not be accepted by the Planning Division as complete until the applicant sets forth the required information in sufficeint detail to the satisfaction of the Department. When the Department receives all of the information which it requires, the Department shall notify the applicant that the application is accepted as complete pursuant to this section. Acceptance of an application as complete does not constitute an indication of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.1.4 Preliminary Reviews. In order to expedite processing, prior to submitting the completed application, Appendix C, the Reclamation Plan, and Appendix D, the Environmental Assessment may be submitted in draft form for preliminary review purposes. However, there is a fee for preliminary reviews, an no final decisions will be made on the application until the project has been reviewed in its complete form. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2 Procedure for Review and Action on Applications. ¶
61.2.4.2.1 Review. The Planning Division will review the use permit application for accuracy and completeness, and will coordinate the review with other County and public agencies. Unless for some reason it is not posible, the use permit required by this section, and the reclamation plan required by the next section shall be considered together as one application. Applicants should note that any documents required for environmental review pursuant to the Califorinia Environmental Quality Act must also be processed in a timely manner to avoid any delays in the application. Applicants should discuss with the Department any questions thay may have about the required environmental reviews. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.2 Public Hearing. Upon completion of the review process, a public hearing shall be held before the Planning Commission. Notice of the public hearing shall be given in accordance with Humboldt County Code. Notification shall also include, at a minimum, property owners within three hundred (300) feet of the property lines of the parcels on which mining operations will occur, and fifteen hundred (1500) feet from the location of any processing plant. Notification shall also be provided to property owners affected by the mining operation and affected haul routes as provided by Section 2530 of Chapter 3 of the Framework Plan of the County’s General Plan. The notice shall specifically identify each issue to be considered at the hearing. The purpose of the hearing shall be to consider the applicant’s request and to approve, conditionally approve, or deny the issuance of a Use Permit. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3 Approval or Denial. In addition to any findings required for a Use Permit by this County Code, the Planning Commission shall approve or approve with conditions the issuance of a use permit if the evidence presented supports the conclusions of subsections 61.2.4.2.3.1. and 61.2.4.2.3.2: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3.1That the application and supporting documents adequately describe the proposed surface mining operation, and adequate measures are incorporated to mitigate the probable or known significant environmental effects which have been or may be caused by the proposed operation. (This section is intended to remind applicants of the requirements for compliance with the California Environmental Quality Act (CEQA), which complicance is required before any permits may be issued); and (Former Section CZ#A31436; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3.2That the proposed use and location of the surface mining operation is properly located in accordance with the General Plan and any relevant element thereof, to the community as a whole, and to other land uses in the vicinity. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.3.3If the Planning Commission determines that the findings of subsections 61.2.4.2.3.1 and 61.2.4.2.3.2 cannot be made, it shall so state and deny the application. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.4 Conditions of Approval. The Planning Commission shall, as is necessary to conform with the provisions of this ordinance, the Act and Regulations, and other applicable laws, provide that the issuance of the use permit shall be contingent upon acceptance and observance of specified reasonable conditions related to surface mining operations, including the approval of a complete and final reclamation plan and financial assurances. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.5 Commencement of Operations. An operator shall commence a surface mining operation not later than one (1) year, or such longer period as may be agreed to between the County and Applicant, from the date of issuance of a use permit, approval of the - reclamation plan (see Section 313 61.2.5), and approval of financial assurances, whichever is later. Failure to commence diligent operations within the one (1) year period, or otherwise agreed to period, renders the use permit void. This section shall not apply to those surface mining operations which, after obtaining a use permit, comply with any relevant provisions of Section 313-61.2.7 relating to idle mines. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.6 Term. Mining permits shall be granted for a period of not less than three (3) years and not more than fifteen (15) years. The term of the permit is a discretionary decision which should be governed by the life expectancy of the operation, and any special circumstances releated to the operation which would make appropriate a more frequent or less frequent review of the operation shall be stated in the grant of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
Upon written request to the Zoning Administrator, before expiration of the original permit, the permit may be reissued for a period equal to that grant of the original permit so long as the permit holder establishes to the satisfaction of the Zoning Administrator, or on appeal to the Board of Supervisors, that the use has been conducted in compliance with permit conditions. (Former Section CZ#A31436; Amended by Ord. 2117, Sec. 2, 5/28/96)
If the law or circumstances of the mining operation have changed from the time the permit was originally issued, any new conditions or requirements determined by the Zoning Administrator, or the Board of Supervisors on appeal, to be necessary for compliance with the laws, regulations or changed circumstances may be added to or modified in the reissued permit. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
This section does not establish any right by an operator to continue operating in any particular manner, or at all, at the end of the initial term of the permit originally issued, or any extension thereof. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.7 Rights of Successors. Any use permit issued for a surface mining operation shall run with the land affected thereby and conditions shall be binding upon all succcessors, heirs, and assigns of the operator. (Former Section CZ#A314-36(H)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.4.2.8 Revocation. Permits or any other grant of authority for activities undertaken pursuant to this Chapter may be revoked or suspended as any other permit, in accordance with current Chapter 2, Procedures, or any other applicable provision of the County Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5 Reclamation Plan. ¶
61.2.5.1 Submittal for Approval. ¶
61.2.5.1.1 Filing Procedure. A reclaimation plan required by this Chapter shall be submitted to the County Planning Division and shall be full and complete, containing all information required by the Act as well as any additional information requested by the Planning Division. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.1.2 Filing Fee. ¶
61.2.5.1.2.1For a reclamation plan filed as part of a use permit application, there shall be no filing fee. (The fee is already submitted as - part of the use permit application, which has its fees authorized under Section 313 61.2.4) (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.1.2.2All other reclamation plans filed for review and approval shall be accompanied by a filing fee in the amount to be set from time to time by the Board of Supervisors. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.1.3 Acceptance. A reclamation plan filed under the foregoing paragraphs of this section will not be accepted by the Planning Division as complete until it sets forth the required information in sufficient detail to the satisfaction of the Division. The Department shall then notify the person submitting the plan that it is accepted as complete for review pursuant to Section 313-61.2.9. Accepance of a reclamation plan does not consitute an indication of approval. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2 Procedure.
61.2.5.2.1 Review. ¶
61.2.5.2.1.1The Planning Division will review the reclamation plan for accuracy, adequacy, and completeness, and will coordinate the review with other County and public agencies. The Planning Division shall, in compliance with Section 2774 of the Public Resources Code, submit a copy of the proposed reclamation plan to the State Department of Conservation and any comments received from that Department shall be uincorporated into the review. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.1.2In accordance with Section 2774 of the Act, there shall be at least one public hearing on every reclamation plan, as well as for proposed substantial amendments to previously approved reclamation plans. The hearing on the reclamation plan may be combined with a public hearing on other aspects of the project, so long as all notices clearly specify that the reclamation plan will be one (1) of the subjects of the hearing. Notice of the public hearing shall be given in accordance with subsection 313-61.2.4.2.2. The purpose of the hearing shall be to receive comments from interested parties, and to assure compliance with Section 2774(a) of the Public Resources Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.2 Approval or Disapproval. The Planning Commission shall approve or approve with conditions the reclamation plan if the evidence presented establishes that the reclamation plan and supporting documents meet all of the conditions and requirements of SMARA, including but not limited to Sections 2772 and 2773(a) of the Act and Section 3502 and following of the State Regulations, and any additional County requirements for reclamation. Otherwise the Commission shall deny the application. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3 Conditions of Approval. The Planning Commission shall, to the extent necessary to conform with the provisions of this ordinance and with Section 2773.1 of the Public Resources Code, apply conditions to the approval of the reclamation plan. Such conditions shall include, but not be limited to: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.1The meeting or exceeding of the minimum, verifiable statewide reclamation standards which may be adopted from time to time by the State Mining and Geology Board pursuant to Section 2773(b) of the Public Resources Code, including but not limited to California Code of Regulations Section 3500 and following and Section 3700 and following, or any successor provisions thereto. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
erifiable statewide reclamation standards which may be adopted from time to time by the State Mining and Geology Board pursuant to Section 2773(b) of the Public Resources Code, including but not limited to California Code of Regulations Section 3500 and following and Section 3700 and following, or any successor provisions thereto. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.2The entering into agreement between the Operator and the County whereby financial assurances are provided by the Operator to assure the reclamation of all mined lands in the event of default by the Operator. Such financial assurances shall be made in the form, manner and timing as is required by State law and Regulations. See, current Section 2773.1 of the Act, and Section 3800 and following of the Regulations, which provide that the financial assurances shall be made payable to the County and the Director of the Department of Conservation, and shall be limited to the following forms: (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.2.1Surety bonds;
61.2.5.2.3.2.2Irrevocable letters of credit;
61.2.5.2.3.2.3Trust funds; and
61.2.5.2.3.2.4Other forms of financial assurances specified by the State Mining and Geology Board pursuant to the Public Resources Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.3The right of access to the mined lands by County staff and their agents, and of authorized employees of the Department of Conservation in the performance of their enforcement responsibilities, including but not limited to inspections to determine compliance with any permit, permit conditions or approved reclamation plan; and, (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.3.4A statement that all permit conditions, reclamation plan contents and requirements and financial assurances shall run with the land and shall be legally binding on all successors, heirs, and assigns of the Operator, and the landowner, if they are different. The landowner, and the operator, if they are not the same person, shall sign a “Statement of Responsibility”, which is a required part of the reclamation plan materials, acknowledging and accepting responsibility for full implementation and perfomance of all aspects of any applicable reclamation plans. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
wner, if they are different. The landowner, and the operator, if they are not the same person, shall sign a “Statement of Responsibility”, which is a required part of the reclamation plan materials, acknowledging and accepting responsibility for full implementation and perfomance of all aspects of any applicable reclamation plans. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.5.2.4 Amendments. Amendments to an approved reclamation plan may be submitted which detail proposed deviations. If in the judgement of the Director such amendments do not constitute a substantial change in the approved reclamation plan, such amendments may receive a summary approval by the Planning Division. If, however, in the judgement of the Director, the amendments substantially deviate from the approved reclamation plan, then the request for amendment shall be submitted and processed for approval with the same considerations as a first submittal under this subsection 61.2.5.2, and the preceeding subsection 61.2.5.1. Any party aggrieved by the decision of the Director may appeal the decision in accordance with the appeal provisions of the County Code. (Former Section CZ#A314-36; Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.6 Legal Vested Mining Operations. ¶
61.2.6.0This section is applicable to local vested rights determinations and is not applicable to vested rights determinations for purposes of Coastal Development Permit requirements. The California Coastal Commission, rather than the certified local government, shall administratively adjudicate all vested right determinations for purposes of coastal development permit requirements pursaunt to the Coastal Act and all other applicable law. (Ord. 2254, § 1, 9/4/2001)
61.2.6.1 Continuance and Modification. Subject to the limitations of law, including but not limited to those expressed in this chapter and in the Act and Regulations, the operator of a legal vested surface mining operation may continue, provided that the operation does not undergo substantial alteration, expansion, or modification. (Former Section CZ#A314-36(VI)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.6.2 Special Permit Requirements. A person who has obtained a vested right to conduct surface mining operations shall submit an application for a special permit which includes a reclamation plan that was prepared in compliance with the requirements of this ordinance, and all other local, state, and federal laws and regulations, to the Planning Division for review and approval. (Former Section CZ#A314-36(VI)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
The reclamation plan shall provide for the reclamation of the area disturbed by surface mining operations mined after January 1, 1976. No substantial changes shall be made in the operation during the period in which the reclamation plan is being considered for approval. (Former Section CZ#A314-36 (VI)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.6.3 All other Requirements Applicable. Only the use permit requirements of this ordinance are not applicable to vested operations. All operations, vested or otherwise, must meet all requirements for reclamation plan and financial assurances except to the extent that such plans or assurances are not required by state law or regulations. (For example, Section 2776 of the Act does not require the reclamation plan to include certain portions of the property which were impacted solely by mining operations which occurred prior to January 1, 1976.) See Section 2773.1 for the current requirements for financial assurances. (Former Section CZ#A314-36(VI)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7 Idle Mines. ¶
61.2.7.1 Interim Management Plan. Within 90 days of a surface mining operation becoming idle, as defined in the Act (see current Sections 2727.1 and 2770(h)), the operator shall submit to the Planning Division for review and approval an interim management plan, accompanied by any required fees. The interim management plan shall describe measures the operator will implement to maintain the site in compliance with the State Act and Regulations, with this ordinance, and with all permit conditions. Any applicable fees shall be submitted with the plan. (Former Section CZ#A314-36(VII)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.2 Term of the Plan. The interim management plan may remain in effect for a period not to exceed five (5) years, at which time the County shall do one (1) of the following: (Former Section CZ#A314-36(VII)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.2.1Renew the interim management plan for no more than one additional period not to exceed five (5) years provided the County finds that the operator has fully complied with the interim management plan; or, (Former Section CZ#A314-36(VII)(B)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.2.2Require the operator to comence reclamation in accordance with the approved reclamation plan. (Former Section CZ#A31436(VII)(B)(2) Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.3 Financial Assurances. Financial assurances as required by the Act, Regulations and this ordinance shall remain in effect during the period the surface mining operation is idle. (Former Section CZ#A314-36(VII)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.4 Interim Management Plan Approval. The receipt of an interim management plan by the Planning Division shall be considered and processed as an amendment to the approved reclamation plan. Section 2770(h) of the Act provides that the review and approval of the interim management plan is not a project for the purposes of CEQA. (Public Resources Code Section 21000 and following.) (Former Section CZ#A314-36(VII)(D); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.7.5 Forfeiture of Use Permit. The operator of a surface mining operation which has been abandoned, as defined in State and local SMARA law and regulations, for a period exceeding one (1) year shall forfeit the use permit and commence reclamation in accordance with the approved reclamation plan. (Former Section CZ#A314-36(VII)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.8 Intermittent Operations. Intermittent operations, as defined in Section 3500 of the Regulations are subject to all of the same rules and regulations governing active operations, unless the operation meets the definition under SMARA as an “idle” operation, in which case the provisions governing idle mines apply. (Former Section CZ#A314-36(VIII); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9 Administration and Enforcement.
61.2.9.1 Time Limitations. ¶
61.2.9.1.1 Use Permit and Reclamation Plan Applications. Upon receipt of an application for a Use Permit and/or a reclamation plan for a surface mining operation, the Planning Division shall notify the applicant within 30 days as to the adequacy and completeness of the application. (Former Section CZ#A314-36(IX)(A)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.1.2 Time for Review. The review procedure, including the holding of the pulic hearing, shall be completed within one hundred twenty (120) days of the filing of the complete reclamation plan (this time frame allows 30 days for the State agency review of the plan, 45 days for the State review of the financial assurances, and 30 days for the processing time by County staff after the State responses have been received; all reasonable efforts will be made by County staff to process projects as quickly as possible). Compliance with this requirement shall be subject to time constraints imposed by Section 2774(d) of the Public Resources Code and the California Environmental Quality Act (CEQA). A failure by the State or County to meet these deadlines shall not result in automatic approval of the plan or project. (Former Section CZ#A314-36(IX)(A)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.2 Simultaneous Processing. Applicants are urged to submit all required applications and supporting documents at the same time. In the event that an application for a use permit for a surface mining operation and a reclamation plan are submitted for approval pertaining to the same project, then review and processing of the reclamation plan shall occur simultaneously with that of the use permit application. Either concurrent with or prior to the issuance of a use permit, the reclamation plan shall have been approved. Submitting all required documentation for simultaneous processing may avoid multiple hearings and may reduce the time and cost of processing the applications. It should be noted that Section 2772(b) of the Act requires that “all documenation for the reclamation plan shall be submitted to the lead agency (County) at one time.” (Former Section CZ#A314-36(IX)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.3 Public Record. Applications, reclamation plans, interim management plans and other documents submitted in support of this Chapter are public records unless it is demonstrated to the satisfaction of the County that the release of such information, or any part thereof, would reveal reserves, production, or rates of depletion entitled to protection as proprietary information. The County shall identify such proprietary information as a separate part of the application, and such proprietary information shall be made available only to the State Geologist and to persons authorized to receive such proprietary information. Such authorization shall be presented to the County in writing by the operator. (Former Section CZ#A314-36(IX)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4 Inspection and Review. ¶
61.2.9.4.1 Operations. The Director shall cause periodic inspections to be made of each surface mining operation to assure the compliance with all permit conditions and requirements (including but not limited to those of the reclamation plan, if applicable at the time of inspection), if any, and with local and state law and regulations. The maximum interval between inspections shall be one year. (Former Section CZ#A314-36(IX)(D)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4.2 Reclamation Plans. In accord with Section 2774(b) of the Public Resources Code, the Director shall cause an annual inspection of each surface mining operation to be made to determine whether the surface mining operation is in compliance with the Act, State Regulations, this ordinance and any applicable permit conditions. Such inspection shall be conducted using a form provided by the State Department of Conservation for that purpose, and shall be conducted no later than six (6) months after receiving the surface mining operation’s annual report submitted pursaunt to Section 2207 of the Public Resources Code and Paragraph 61.2.9.5. (Former Section CZ#A314-36(IX)(D)(2); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4.3 Interim Management Plan. The Director shall cause periodic inspections to be made of each idle mine with an approved interim management plan. Such inspections shall be to assure the compliance with the interim management plan and shall be in accord with Paragraph 61.2.9.4.2, if applicable. The maximum interval between inspections shall be one year. (Former Section CZ#A314-36(IX)(D)(3); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.4.4 Cost of Inspections. The cost of any inspection(s) required by Paragraph 61.2.9.4.2 shall be borne by the operator. In causing the performance of these inspections, the Director may implement procedures which are consistent with good practice and which will minimize the costs of inspection. (Former Section CZ#A314-36(IX)(D)(4); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.5 Annual Report. In compliance with Section 2207 of the Act, the owner, manager or other person in charge of any surface mining operation shall forward an annual report to the Director of the State Department of Conservation on forms furnished by the State Mining and Geology Board. Such annual report shall be in accord with the instructions included with the forms, and shall include all information required by the Act (see Section 2207(a)), State Regulations, and this ordinance. The designated copy shall be submitted to the County Planning Division on or before the anniversary date established by the Director of the State Department. (Former Section CZ#A314-36(IX)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)
cord with the instructions included with the forms, and shall include all information required by the Act (see Section 2207(a)), State Regulations, and this ordinance. The designated copy shall be submitted to the County Planning Division on or before the anniversary date established by the Director of the State Department. (Former Section CZ#A314-36(IX)(E); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.6 Appeals. Decisions of the Director, Zoning Administrator, or Planning Commission required by this Chapter may be appealed in the manner set forth in the Humboldt County Code. An applicant, whose request for a permit to conduct surface mining operations in an area of regional or statewide significance has been denied by County action, or any person who is aggrieved by the granting of a permit to conduct surface mining operations in an area of statewide or regional significance may, within fifteen days of exhausting his rights to appeal in accordance with this section, may appeal to the State Mining and Geology Board in accordance with the provisions of Section 2775 of the Public Resources Code. (Former Section CZ#A314-36(IX)(F); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7 Enforcement. ¶
61.2.9.7.1 Violation-Public Nuisance. Any violation of this chapter is unlawful and is hereby deemed to be a public nuisance, and shall be abated, eliminated and enjoined as provided by the Humboldt County Code and/or any other provision of law. Any person or entity operating without legal authorization shall cease activities immediately. (Former Section CZ#A314-36(IX)(G)(1); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2 Violation-Noncompliance. ¶
61.2.9.7.2.1If the Director should determine that a permitted or otherwise legally authorized operator is not in compliance with the provisions of this Chapter, the County, in conformance with Section 2774.1(a) of the Public Resources Code, shall, to the extent feasible with the resources available to the County, notify the operator of that violation by personal service or certified mail. If the violation extends beyond 30 days after the date of the County’s notification, an order shall be sent by personal service or certified mail requiring the operator to comply with this Chapter, or, if the operator does not have an approved reclamation plan or financial assurances, cease all further mining activities. See, Section 2774.1(a) of the Act. (Former Section CZ#A314-36(IX)(G)(2)(a); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.2An order issued under subsection 61.2.9.7.2.1, shall not take effect until the operator has been provided a hearing before the Planning Commission concerning the alleged violation. Any order issued under subsection 61.2.9.7.2.1 shall specify which aspect of the surface mine’s activities or operations are inconsistent with this Chapter and shall specify a time for compliance, and shall set a date for the hearing, which shall not be sooner than 30 days after the date of the order. (Former Section CZ#A314-36(IX)(G)(2)(b); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.3Any operator who violates or fails to comply with an order issued under Paragraph 61.2.9.7.2.1 after the order’s effective date shall be subject to an order by the County or the State Director imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with any provision of Chapter 9 of Division 2 and/or Section 2207 of the Public Resources Code. (Former Section CZ#A314-36(IX)(G)(2)(c); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.4Any operator who fails to submit a timely report to the Planning Division pursaunt to subsection 313-61.2.9.5 of this section, and Section 2207 of the Public Resources Code, shall be subject to any order issued by the County imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with subsection 313-61.2.9.5, and/or Section 2207 of the Public Resources Code. (Former Section CZ#A314-36(IX)(G)(2)(d); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.2.5If the State Department of Conservation notifies the Planning Division of any known or apparent violations or noncompliance with the Act in writing, and subject to the limitations in Section 2774.1 of the Public Resources Code, the County shall have primary jurisdiction and reponsibility of administering this Chapter and the State Act and Regulations. . (Former Section CZ#A314-36(IX)(G)(2)(e); Amended by Ord. 2117, Sec. 2, 5/28/96)
ion notifies the Planning Division of any known or apparent violations or noncompliance with the Act in writing, and subject to the limitations in Section 2774.1 of the Public Resources Code, the County shall have primary jurisdiction and reponsibility of administering this Chapter and the State Act and Regulations. . (Former Section CZ#A314-36(IX)(G)(2)(e); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.9.7.3Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, including, but not limited to, the use permit revocation proceedings. . (Former Section CZ#A314-36(IX)(G)(3); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10 Mining Permit Standards. In addition to meeting the minimum acceptable surface mining and reclamation practices in the State Act and Regulations, each surface mining operation shall be designed and conducted to meet the operational standards of this Section. Conditions may be imposed on mining permits to ensure compliance with minimum acceptable practices and standards. Operators authoirzed by a permit shall be conducted only by the operator or an authorized agent. Additional standards are set forth in the Act and Regulations. See, for example, Section 3700 and following, “Reclamation Standards.” (Former Section CZ#A314-36(X); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.1 Access Roads. All private encroachments leading to a surface mining operation shall be adequately surfaced to prevent aggregate or other materials from being drawn onto the public way. (Former Section CZ#A314-36(X)(A); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.2 Dust Suppression. All haul roads and driveways shall be maintained as necessary to minimize the emission of dust and prevent the creation of a nuisance to adjacent properties. (Former Section CZ#A314-36(X)(B); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.3 Discharge Waters. Any waters discharged from the mined lands shall meet all applicable water quality standards of the Regional Water Quality Control Board and other agencies with authority over such discharges. (Former Section CZ#A314-36(X)(C); Amended by Ord. 2117, Sec. 2, 5/28/96)
61.2.10.4 Erosion Control. Adequate measures shall be taken to assure the prevention of erosion from mined lands and adjacent properties during the life of the operation. The reclamation plan shall assure the prevention of erosion subsequent to surface mining operations. (See also, Section 313-61.2.3.) (Former Section CZ#A314-36(X)(D); Amended by Ord. 2117, Sec. 2, 5/28/96) (Ord. 2733, § 2, 3/5/2024; Ord. 2757, § 2, 3/11/2025)
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62.1 TEMPORARY USES ¶
(See also, Section 313-88.1, Temporary Structures.)
62.1.1 Temporary Uses Permitted With a Special Permit. The following temporary uses may be permitted upon obtaining a Special Permit, subject to the following conditions: (Former Section CZ#A314-37(A))
62.1.1.1 Special Events and Attractions. Circus, Carnival, Outdoor Event, or Similar Assemblage of People: The temporary gathering of people for a circus, carnival, or other outdoor event, or similar assemblage of people and motorized vehicles may be permitted with a Special Permit in all zones except residential zones. (Former Section INL#316-5; CZ#A314-37(A)(8))
62.1.1.2 Other Temporary Uses. Temporary uses not specifically identified in this section and not normally associated with and accessory to uses permitted in these regulations. (For more information on temporary uses and structures, see Section 313-88.1, Temporary Structures.) (Former Section CZ#A314-37(A)(11))
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62.1 TEMPORARY USES ¶
(See also, Section 313-88.1, Temporary Structures.)
62.1.1 Temporary Uses Permitted With a Special Permit. The following temporary uses may be permitted upon obtaining a Special Permit, subject to the following conditions: (Former Section CZ#A314-37(A))
62.1.1.1 Special Events and Attractions. Circus, Carnival, Outdoor Event, or Similar Assemblage of People: The temporary gathering of people for a circus, carnival, or other outdoor event, or similar assemblage of people and motorized vehicles may be permitted with a Special Permit in all zones except residential zones. (Former Section INL#316-5; CZ#A314-37(A)(8))
62.1.1.2 Other Temporary Uses. Temporary uses not specifically identified in this section and not normally associated with and accessory to uses permitted in these regulations. (For more information on temporary uses and structures, see Section 313-88.1, Temporary Structures.) (Former Section CZ#A314-37(A)(11))
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64.1 VEGETATION REMOVAL, MAJOR ¶
64.1.1 Purpose. The purpose of these provisions is to: (1) preserve and protect major vegetation within the County Coastal Zone that directly and indirectly prevents soil erosion, landslide and flood hazard; (2) reduce runoff, provide windbreaks or provide protection to adjacent trees from irreparable wind damage; and (3) protect property values and the local economy by maintaining the visual quality of the County, while respecting and recognizing individual rights to develop, maintain, and enjoy private property to the fullest possible extent. (Former Section CZ#A314-20(A))
64.1.2 Major Vegetation Removal Permitted With a Special Permit in All Zones as an Accessory Use. Major vegetation removal may be permitted with a Special Permit in all zones, as an accessory use associated with a specified principal or conditionally permitted use. Major vegetation removal may be permitted with a Special Permit in conjunction with or prior to the establishment of a principal or conditionally permitted use. (Former Section CZ#A314-20(B))
64.1.3 Applicability. These regulations shall apply to major vegetation removal as defined in this section, within the Humboldt County Coastal Zone, except that the following development shall be exempt: (Former Section CZ#A314-20(C))
64.1.3.1Timber management and timber harvesting activities regulated by the California Department of Forestry and the Board of Forestry, and forest improvement activities carried out under the Forest Incentives Program (FIP), Agricultural Conservation Program (ACP), or California Forest Improvement Program (Cal FIP); (Former Section CZ#A314-20(C)(1))
64.1.3.2Major vegetation removal necessary to carry out activities authorized by: (1) an approved building permit, Coastal Development Permit, Use Permit, or Special Permit; or (2) satisfying improvement requirements of an approved subdivision; (Former Section CZ#A314-20(C)(2))
64.1.3.3Major vegetation removal subject to the Coastal Streams and Riparian Corridor regulations; and (Former Section CZ#A31420(C)(3))
64.1.3.4Major vegetation removal associated with general agriculture, in zones where the General Agriculture use type is a principal permitted use, except where the Director determines that pursuant to subsection 313-64.1.4.3., that the major vegetation removal may result in a significant environmental impact. (Former Section CZ#A314-20(C)(4))
64.1.4 Definition of Major Vegetation Removal. For purposes of this section major vegetation removal shall be defined to include one (1) or more of the following: (Former Section CZ#A314-20(D))
64.1.4.1The removal of one (1) or more trees with a circumference of thirty-eight (38) inches or more measured at four and one-half (4½) feet vertically above the ground; (Former Section CZ#A314-20(D)(1))
64.1.4.2The removal of trees within a total aggregate contiguous or non-contiguous area or areas exceeding six thousand (6,000) square feet, measured as the total of the area(s) located directly beneath the tree canopy; or (Former Section CZ#A314-20(D)(2))
64.1.4.3The Director may determine that a proposal to remove woody vegetation constitutes major vegetation removal if the Director finds that it may result in a significant environmental impact pursuant to this section. In making a finding that the proposed major vegetation removal may result in a significant environmental impact, the Director shall review the proposal and determine if any of the following conditions exist or are proposed: (Former Section CZ#A314-20(D)(3))
64.1.4.3.1The major vegetation removal involves the use of heavy equipment; (Former Section CZ#A314-20(D)(3)(a))
64.1.4.3.2The major vegetation removal:
64.1.4.3.2.1is proposed on either a steep slope (15% or greater), or on a slope designated on the Geological Map of the General Plan with slope stability index of “2” - moderate instability, or “3” - high instability; and (Former Section CZ#A314-20(D)(3)(b))
64.1.4.3.2.2may result in soil erosion or landslide; (Former Section CZ#A314-20(D)(3)(b))
64.1.4.3.3The major vegetation removal is located within or adjacent to an environmentally sensitive habitat as identified in the applicable coastal area plan; or (Former Section CZ#A314-20(D)(3)(c))
64.1.4.4The major vegetation removal may result in significant exposure of adjacent trees to wind damage. (Former Section CZ#A31420(D)(3)(d))
64.1.5 Appeal of the Director’s Determination of Major Vegetation Removal. Appeals may be filed pursuant to the appeal procedures in Chapter 2, Section 312-13.
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64.1 VEGETATION REMOVAL, MAJOR ¶
64.1.1 Purpose. The purpose of these provisions is to: (1) preserve and protect major vegetation within the County Coastal Zone that directly and indirectly prevents soil erosion, landslide and flood hazard; (2) reduce runoff, provide windbreaks or provide protection to adjacent trees from irreparable wind damage; and (3) protect property values and the local economy by maintaining the visual quality of the County, while respecting and recognizing individual rights to develop, maintain, and enjoy private property to the fullest possible extent. (Former Section CZ#A314-20(A))
64.1.2 Major Vegetation Removal Permitted With a Special Permit in All Zones as an Accessory Use. Major vegetation removal may be permitted with a Special Permit in all zones, as an accessory use associated with a specified principal or conditionally permitted use. Major vegetation removal may be permitted with a Special Permit in conjunction with or prior to the establishment of a principal or conditionally permitted use. (Former Section CZ#A314-20(B))
64.1.3 Applicability. These regulations shall apply to major vegetation removal as defined in this section, within the Humboldt County Coastal Zone, except that the following development shall be exempt: (Former Section CZ#A314-20(C))
64.1.3.1Timber management and timber harvesting activities regulated by the California Department of Forestry and the Board of Forestry, and forest improvement activities carried out under the Forest Incentives Program (FIP), Agricultural Conservation Program (ACP), or California Forest Improvement Program (Cal FIP); (Former Section CZ#A314-20(C)(1))
64.1.3.2Major vegetation removal necessary to carry out activities authorized by: (1) an approved building permit, Coastal Development Permit, Use Permit, or Special Permit; or (2) satisfying improvement requirements of an approved subdivision; (Former Section CZ#A314-20(C)(2))
64.1.3.3Major vegetation removal subject to the Coastal Streams and Riparian Corridor regulations; and (Former Section CZ#A31420(C)(3))
64.1.3.4Major vegetation removal associated with general agriculture, in zones where the General Agriculture use type is a principal permitted use, except where the Director determines that pursuant to subsection 313-64.1.4.3., that the major vegetation removal may result in a significant environmental impact. (Former Section CZ#A314-20(C)(4))
64.1.4 Definition of Major Vegetation Removal. For purposes of this section major vegetation removal shall be defined to include one (1) or more of the following: (Former Section CZ#A314-20(D))
64.1.4.1The removal of one (1) or more trees with a circumference of thirty-eight (38) inches or more measured at four and one-half (4½) feet vertically above the ground; (Former Section CZ#A314-20(D)(1))
64.1.4.2The removal of trees within a total aggregate contiguous or non-contiguous area or areas exceeding six thousand (6,000) square feet, measured as the total of the area(s) located directly beneath the tree canopy; or (Former Section CZ#A314-20(D)(2))
64.1.4.3The Director may determine that a proposal to remove woody vegetation constitutes major vegetation removal if the Director finds that it may result in a significant environmental impact pursuant to this section. In making a finding that the proposed major vegetation removal may result in a significant environmental impact, the Director shall review the proposal and determine if any of the following conditions exist or are proposed: (Former Section CZ#A314-20(D)(3))
64.1.4.3.1The major vegetation removal involves the use of heavy equipment; (Former Section CZ#A314-20(D)(3)(a))
64.1.4.3.2The major vegetation removal:
64.1.4.3.2.1is proposed on either a steep slope (15% or greater), or on a slope designated on the Geological Map of the General Plan with slope stability index of “2” - moderate instability, or “3” - high instability; and (Former Section CZ#A314-20(D)(3)(b))
64.1.4.3.2.2may result in soil erosion or landslide; (Former Section CZ#A314-20(D)(3)(b))
64.1.4.3.3The major vegetation removal is located within or adjacent to an environmentally sensitive habitat as identified in the applicable coastal area plan; or (Former Section CZ#A314-20(D)(3)(c))
64.1.4.4The major vegetation removal may result in significant exposure of adjacent trees to wind damage. (Former Section CZ#A31420(D)(3)(d))
64.1.5 Appeal of the Director’s Determination of Major Vegetation Removal. Appeals may be filed pursuant to the appeal procedures in Chapter 2, Section 312-13.
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69.05 ACCESSORY DWELLING UNIT ¶
69.05.1 Purpose and Findings. The provisions of this chapter are intended to set forth standards in accordance with State law for creation or conversion of at least one (1) accessory dwelling unit (ADU) per lot zoned to allow single-family or multifamily dwelling residential use. In addition, this section includes provisions for the regulation of junior accessory dwelling units (JADUs) as defined in Section 313-145 and provision to allow a tiny house or moveable tiny house as defined in Sections 313-155 and 313-148 as an ADU when developed consistent with this section. An ADU does not exceed the allowable density for the lot on which it is located.
69.05.2 Accessory Dwelling Units Generally Permitted. In general, ADUs and JADUs are permitted without a public hearing in any zone that allows single-family or multifamily dwelling residential use and includes a proposed or existing dwelling, if the general provisions in subsection 313-69.05.3 are met, the ADU and/or JADU meets the development regulations and standards of subsection 313-69.05.4, and the exceptions in subsection 313-69.05.2.2 do not apply. As specified in the Principal Zones in Sections 313-2.1 through 313-7.3, ADUs are allowed in the RS, RM, R2, RA, AE, TC, and TPZ Zones with a coastal development permit (CDP) as set forth below.
69.05.2.1 Coastal Development Permit Requirements for ADUs and JADUs. Coastal development permits (CDPs) are required for ADUs and JADUs if the ADU/JADU meets the definition of “development” under the California Public Resources Code Section 30106 and is not excluded from CDP requirements under the California Public Resources Code Section 30000 et seq., or the California Code of Regulations.
69.05.2.1.1In some cases, an ADU or JADU may require a special permit if located within the areas identified in Section 313-69.05.6, or when the ADU or JADU does not meet the criteria of subsection 313-69.05.4.6.
69.05.2.1.2Accessory dwelling units and junior accessory dwelling units (JADUs) as defined in Sections 313-136 and 313-145 that convert habitable space in a primary residence do not require a CDP unless the conversion involves alteration to the size of the residence, removal or replacement of major structural components, or the placement or erection of any solid material or structure on land, or unless a previously issued CDP requires a CDP or CDP amendment for any development on the lot.
69.05.2.1.3 ADUs and JADUs Allowed Without a Public Hearing. An ADU or JADU that requires a CDP does not require a public hearing. Notice must be given in accordance with Section 312-8, and final notice of the decision must be provided as described in Section 312-6.7.
69.05.2.2 Exceptions. ADUs and JADUs may be prohibited or may require a special permit in addition to a coastal development permit in certain designated areas as described in subsection 313-69.05.6, based on adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. Outside the ADU Special Permit Area, an ADU that cannot meet all the criteria in subsection 313-69.05.4.6 may still be permitted with a special permit subject to meeting requirements in subsection 31369.05.6. If an earlier CDP issued for an existing structure indicates that future improvements would require a development permit, a CDP with public hearing is required.
69.05.2.3 Expedited Application Review. The County shall act on the building permit application for an accessory dwelling unit, and any associated CDP, within sixty (60) days from the date the completed application is received if there is an existing single-family or multifamily dwelling on the lot. If a permit application to create an ADU or JADU requires a special permit or a discretionary coastal development permit pursuant to subsection 313-69.05.6.1, action on the special permit and associated CDP may exceed the sixty (60) day time period.
69.05.3 General Provisions. The following provisions apply to ADUs and JADUs: ¶
69.05.3.1 One (1) or More ADU Per Lot. In general, one (1) ADU is permitted per lot developed or proposed to be developed with a single-family dwelling, and two (2) ADUs are permitted with a multifamily dwelling. For AE lots sixty (60) acres or larger in size, an ADU unrestricted in size may be allowed instead of the allowed second residence. Configurations with more than one (1) ADU are allowed in residential, mixed use, and multifamily zones as described in subsection 313-69.05.3.8.
69.05.3.2 Ownership and Occupancy. ¶
69.05.3.2.1 Ownership. An ADU or JADU shall not be sold separately from the principal dwelling, except that moveable tiny houses maybe be sold when removed from the lot; or where the ADU or the primary dwelling was built or developed by a qualified nonprofit corporation, and the other conditions of California Government Code Section 65852.26 are met.
69.05.3.2.2 JADU Owner Occupancy. The owner of the single-family residence containing a JADU must reside in either the singlefamily residence or the JADU unless the owner is a governmental agency land trust, or housing organization.
69.05.3.3 Renting Permitted. The ADU may, but need not be, rented.
69.05.3.4 Short-Term Lodging Prohibited. Neither the ADU nor the primary residence shall be rented for periods of thirty (30) days or less. Prior to obtaining a building permit for an ADU or JADU, a deed restriction approved by the County shall be recorded with the County Recorder’s office, which shall include the prohibition on the use of any dwelling for transient habitation.
69.05.3.5 Building Type. The ADU may be within, attached to, or detached from the existing or proposed principal residence and may be over a garage. An ADU may also be a tiny house as defined in Section 313-155; a moveable tiny house as defined in Section 313-148; or a manufactured home as defined in California Health and Safety Code Section 18007. A JADU may be constructed within the walls of a proposed or existing single-family residence, including within an attached garage or other enclosed use within the residence.
69.05.3.5.1 Manufactured Homes as Accessory Dwelling Units. A manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 is permitted as an ADU with a building permit on parcels where single-family residences are allowed. It may or may not be placed on a permanent foundation, but must meet building and zoning regulations, skirting requirements, and foundation or setup configurations as described in Section 313-107.1.
69.05.3.5.2 Tiny Houses and Moveable Tiny Houses as ADUs. A tiny house as defined in Section 313-155 that meets all applicable building and development standards in this Code is deemed a permanent dwelling, and is allowed as an ADU. A moveable tiny house as defined in Section 313-148 that meets all applicable building and development standards in this Code, and meets the criteria in subsection 313-69.05.5, is deemed a single-family dwelling and is allowed as an ADU.
69.05.3.6 Sewer and Water Service. All new ADUs within Urban Service Areas shall connect to public wastewater systems if wastewater treatment is available. Where wastewater treatment is not available, a private sanitation and/or water supply system must meet County Health Department requirements. Outside Urban Service Areas, sanitation facilities, plumbing, and water supply for the ADU, including any septic or waterless toilet systems used, shall comply with all applicable County Health Department requirements for sewage disposal and water supply.
. Where wastewater treatment is not available, a private sanitation and/or water supply system must meet County Health Department requirements. Outside Urban Service Areas, sanitation facilities, plumbing, and water supply for the ADU, including any septic or waterless toilet systems used, shall comply with all applicable County Health Department requirements for sewage disposal and water supply.
69.05.3.7 Existing Single-Family Residence. Where one (1) single-family dwelling unit exists on a lot, a larger home may be constructed as the principal dwelling unit, and the existing unit treated as the ADU, provided all other applicable development regulations and standards can be met for both units.
69.05.3.8 ADU and JADU Configurations Within Residential and Mixed Use Zones. Combinations of ADUs and JADUs may be permitted on the same lot within residential or mixed-use zones in the configurations listed below. A junior aecessory dwelling unit (JADU) is defined in Section 313-145.
69.05.3.8.1 ADU or JADU Within Existing Single-Family Structure. One (1) accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
69.05.3.8.1.1The accessory dwelling unit or junior accessory dwelling unit is within the existing or proposed space of a single-family dwelling, or the accessory unit is within the existing space of a single-family dwelling or accessory structure, and may include an expansion of no more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
69.05.3.8.1.2The ADU or JADU has separate exterior access from the proposed or existing single-family dwelling.
69.05.3.8.1.3The side and rear setbacks are sufficient for fire and safety as established either by the local fire authority, or by Fire Safe regulations if the site is within a State Responsibility Area for fire response.
69.05.3.8.1.4The junior accessory dwelling unit complies with the requirements of Section 313-145 and the other applicable sections of this chapter, including a maximum size of five hundred (500) square feet floor area.
69.05.3.8.2 New Detached ADU. One (1) detached, newly constructed accessory dwelling unit with minimum four (4) foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. In addition to the detached accessory dwelling unit, one (1) JADU is allowed on the lot, if the JADU is within a single-family residence as described in subsection 313-69.05.3.8.1, and:
69.05.3.8.2.1The detached ADU contains no more than eight hundred (800) square feet of floor space, and its height is no more than sixteen (16) feet.
69.05.3.8.3 ADUs in Existing Multifamily Structures. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least one (1) accessory dwelling unit shall be allowed within an existing multifamily dwelling, and up to twenty-five percent (25%) of the existing multifamily dwelling units may be allowed.
69.05.3.9 Detached ADUs With Existing Multifamily Structures. Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling, subject to a height limit of sixteen (16) feet and four (4) foot rear yard and side setbacks.
69.05.4 Development Regulations, Standards, and Applicable Codes. The following development regulations and standards shall apply to all ADUs and as applicable to JADUs:
69.05.4.1 Utilities. Utilities may be shared in common with or separate from the main dwelling unit, whichever method may afford compliance with the applicable requirements of the County Code, including the currently effective versions of the Uniform Building Codes and Uniform Plumbing Codes, except that:
69.05.4.1.1 Connection Fees. An accessory dwelling unit shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, except for water and sewer services as set forth in subsection 31369.05.4.1.4, unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.2 Impact Fees. A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subsection, “impact fee” has the same meaning as the term “fee” as defined in subdivision (b) of California Government Code Section 66000, except that it also includes fees specified in California Government Code Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
69.05.4.1.3 No New Connections in Existing Structures. No new or separate utility connection shall be required between the ADU and the utility, and no related connection fee or capacity charge shall be imposed if the ADU is contained within the existing space of a single-family residence or accessory structure and meets conditions in subsection 313-69.05.3.8.1, unless the accessory dwelling unit was constructed with a new single-family dwelling.
res. No new or separate utility connection shall be required between the ADU and the utility, and no related connection fee or capacity charge shall be imposed if the ADU is contained within the existing space of a single-family residence or accessory structure and meets conditions in subsection 313-69.05.3.8.1, unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.4 New Detached Units. For an accessory dwelling unit that is not contained within the existing space of a single-family residence or accessory structure, or does not meet conditions in subsection 313-69.05.3.8.1, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with California Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its size in square feet or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
69.05.4.1.5 Districts Under Moratoria or Compliance Orders. A district, resort improvement district, or community service district that is under a moratorium on new connections, or under a compliance order for treatment issues, may not be compelled to provide water or sewer service for an accessory dwelling unit.
69.05.4.2 Building Site. The accessory dwelling unit shall be on the same lot as the proposed or existing primary residence. Accessory dwelling units must meet local building code requirements that apply to detached dwellings, as appropriate. In areas zoned TPZ, TC, or AE, the curtilage area for residences, ADUs, associated residential structures, driveways, utilities, and fire safety setbacks shall not exceed two (2) acres per parcel, or fifty percent (50%) of total acreage, whichever is smaller. Residences, ADUs, associated residential structures, driveways, and utilities shall be sited so as to minimize impacts to agriculturally related activities. ADUs are prohibited on prime soils on agricultural lands. Accessory dwelling units on timber lands shall not result in conversion to units of noncommercial size. All new detached accessory dwellings on agricultural land and timberlands shall be clustered with other existing structures to the maximum extent feasible.
69.05.4.3 Total Floor Area. The total floor area of a detached ADU shall not exceed one thousand two hundred (1,200) square feet. If there is an existing primary residence, the total area of floor space of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the area of the existing primary residence or one thousand two hundred (1,200) square feet. The minimum floor area shall be one hundred fifty (150) square feet. Floor area includes all enclosed habitable living space but excludes sheds, garages and storage areas.
xisting primary residence, the total area of floor space of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the area of the existing primary residence or one thousand two hundred (1,200) square feet. The minimum floor area shall be one hundred fifty (150) square feet. Floor area includes all enclosed habitable living space but excludes sheds, garages and storage areas.
69.05.4.4 Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
69.05.4.5 Setbacks. No setback shall be required for an ADU or a portion of an ADU, converted from an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure. A setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
69.05.4.6 Parking. Each ADU requires one (1) parking space. These spaces may be provided in tandem on a driveway. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
69.05.4.6.1 Exceptions to Parking Standards. Parking standards for an ADU or JADU shall not apply if the ADU or JADU is (1) located within one-half (1/2) mile walking distance of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the
accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.
69.05.4.7 No Frontage Improvements. No frontage improvements shall be required for ADUs.
69.05.4.8 Services. The applicant shall provide evidence of adequate services to serve the accessory dwelling unit including water supply and sewage disposal.
69.05.4.9 Public Access. Accessory dwelling units shall not obstruct public access to and along the coast or public trails and shall conform to the Public Access Policies and Standards of the applicable Coastal Plan.
69.05.4.10 Visual Resources. Accessory dwelling units shall not significantly obstruct public views from any public road, trail, or public recreation area to and along the coast, and shall conform to the Visual Resource Protection Policies and Standards of the applicable Coastal Plan.
69.05.4.11 Environmentally Sensitive Habitat Areas and Wetlands. All development associated with accessory dwelling units shall conform to the Natural Resources Protection Policies and Standards of the applicable Coastal Plan.
69.05.4.12 Agricultural Lands. All development associated with accessory dwelling units shall be prohibited on prime agricultural soils and, where there are no prime soils, be sited so as to minimize impacts to the use of land for agriculturally related activities. All new detached accessory dwelling units shall be clustered with other existing structures to the maximum extent feasible.
69.05.4.13 Timberlands. All development associated with accessory dwelling units shall be sited so as to minimize impacts to timber related activities. All new detached accessory dwelling units shall be clustered with other existing structures to the maximum extent feasible.
69.05.4.14 Accessory Dwelling Units on Lots with Nonconforming Use or Structure. Accessory dwelling units may be approved on lots with nonconforming uses, structures, or support facilities; provided, that no greater degree of nonconformity is created and the ADU complies with all ESHA protection policies.
69.05.5 Moveable Tiny House as an ADU. In addition to the other provisions of this section, movable tiny houses as defined in Section 313-148 used as ADUs shall comply with all of the following provisions:
69.05.5.1 Skirting. The undercarriage (wheels, axles, tongue and hitch) must be hidden from view.
69.05.5.2 Foundation or Pad. ¶
69.05.5.2.1 Foundation. If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a movable tiny house shall follow the State-approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
69.05.5.2.2 Paved or Alternate Pad. If the wheels are not removed, the parking area shall include bumper guards, curbs, or other installations adequate to prevent movement of the unit. The wheels and leveling or support jacks must sit on a paving surface compliant with either of the following:
69.05.5.2.2.1 Paving. A parking area for a moveable tiny house on wheels shall be paved with hard, durable asphaltic paving that has been mixed at a plant and is at least two (2) inches thick after compaction, with Portland cement paving at least three (3) inches thick, or an alternative as described in subsection 313-69.05.5.2.2.2.
69.05.5.2.2.2 Alternative Paving Materials. An alternative paving material is one (1) of the following: porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, decomposed granite, crushed rock, gravel, and restrained systems (a plastic or concrete grid system confined on all sides to restrict lateral movement, and filled with gravel or grass in the voids). Alternative paving materials are permitted subject to all the following requirements:
69.05.5.2.2.2.1Permeable interlocking concrete pavers and permeable pavers shall have a minimum thickness of eighty (80) mm (3.14 inches).
69.05.5.2.2.2.2Products and underlying drainage material shall be installed to meet manufacturers’ specifications. Sub-grade soils shall be compacted as required to meet the product installation specifications.
69.05.5.3 Mechanical Equipment. Mechanical equipment shall be incorporated into the structure and not located on the roof.
69.05.5.4 Sprinklers. Movable tiny houses are not required to have sprinklers, but shall follow the ANSI 119.5 standards relating to health, fire and life-safety.
69.05.5.5 Applicable Codes. Moveable tiny houses shall meet either the provisions of ANSI 119.5 or NFPA 1192 standards, or the provisions of the California Building Code, including 2019 CA Residential Code Appendix Q Tiny Houses or other adopted alternatives, or both.
69.05.5.6 Design Standards. Movable tiny houses must comply with all requirements for detached ADUs and shall have the following design elements:
69.05.5.6.1Materials used as exterior wall covering shall be natural or man-made, non-reflective materials; and no more than ten percent (10%) of the exterior may be reflective in nature;
69.05.5.6.2Windows shall be at least double pane glass and labelled for building use, and shall include exterior trim;
69.05.5.6.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area;
69.05.5.6.4The unit shall be plumbed to allow connection to an approved means of sewage disposal, septic system, or waterless toilet. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
69.05.5.6.5A moveable tiny house need not be connected to a source of electrical power, but if it is, the installation shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations.
69.05.6 ADU Special Permit Area. ¶
69.05.5.6.1 Locations with Potential Safety or Coastal Resource Impacts. Lots located in the ADU Special Permit Area are presumed to have certain water and sewer service limitations, adverse impacts on traffic flow, public safety conditions, and/or potentially raise coastal resource issues that may preclude construction of an ADU or JADU or which may require certain mitigation measures. An ADU or JADU may be prohibited or may require a special permit (or associated discretionary coastal development permit) if any of these conditions are present:
69.05.6.1.1Areas outside a Fire Protection District;
69.05.6.1.2Airport incompatibility. A special permit may not be issued if the ADU exceeds the density limit in an airport zone;
69.05.6.1.3Areas of active or historic landslides; areas of potential liquefaction; or areas along a bluff or cliff where the proposed ADU is within the “area of demonstration of stability” as defined in the relevant Local Coastal Program.
69.05.6.1.4Flood and tsunami hazards, including areas subject to future sea level rise (SLR) with a seventy-five (75) year design life horizon as determined by the Planning Director based on the best available science consistent with the California Coastal Commission’s adopted 2018 SLR Policy Guidance (and any subsequent updates);
69.05.6.1.5Proximity within one thousand (1,000) feet of a toxic cleanup site as designated by California Department of Toxic Substances;
69.05.6.1.6Areas outside of water and sewer service area where there is a necessity to expand service or construct water wells or septic systems to serve the ADU or JADU;
69.05.6.1.7Parcels within Special Combining Zones that protect coastal resources, as mapped on the County’s GIS, including A: Archaeological Resource Area and Special Archaeological Resource Area for Shelter Cove; B: Beach and Dune areas; C: Coastal Resource Dependent; D: Design Review; E: Coastal Elk Habitat; R: Streams and Riparian Corridors; T: Transitional Agricultural Lands; and W: Coastal Wetland Areas Combining Zones.
69.05.6.2 Required Findings for Permits. ¶
69.05.6.2.1On a parcel within a mapped ADU Special Permit Area due to one (1) or more of the conditions in subsection 313-69.05.6.1, an ADU or JADU may be allowed with a special permit/CDP only if (1) evidence shows that the health and safety conditions for which it was included do not apply to that site, or can be adequately mitigated, and (2) the ADU or JADU can be developed consistent with all other applicable provisions of the Local Coastal Plan.
69.05.6.2.2When an ADU or JADU does not meet the criteria of subsection 313-69.05.4.6, an ADU or JADU may be allowed with a special permit only if (1) the ADU or JADU is consistent with all other applicable provisions of this chapter, and (2) the ADU or JADU can be developed consistent with all other applicable provisions of the Local Coastal Plan.
69.05.6.3 Hazardous Disclosure Requirements. Where an ADU or JADU would be located in an area listed in subsection 31369.05.6.1.3 or in an area of future sea level rise (with a seventy-five (75) year horizon) as determined by the Planning Director pursuant to subsection 313-69.05.6.1.4, the record owner of the ADU or JADU shall be required to acknowledge and agree, and property owners, except public agencies, must also record a deed restriction against the property on which the ADU is located to acknowledge and agree: (1) that the ADU or JADU is located in a hazardous area, or an area that may become hazardous in the future; (2) to assume the risks of injury and damage from such hazards in connection with the permitted development; (3) that they have no rights under Coastal Act Section 30235 and related LCP policies to shoreline armoring in the future; (4) that sea level rise and related coastal hazards could render it difficult or impossible to provide services to the site (e.g., maintenance of roadways, utilities, sewage or water systems), thereby constraining allowed uses of the site or rendering it uninhabitable; and (5) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe or if removal is required pursuant to other applicable provisions of the Local Coastal Plan. The record owner of the ADU or JADU shall also provide notice to all occupants of the ADU or JADU of these specified acknowledgments.
69.05.7 Delayed Enforcement of Building Code Violations. Any owner of an existing ADU built before the effective date of the ordinance codified in this section, who receives notice of a building code violation, may request a delay in enforcement for five (5) years. The Chief Building Official must grant the delay if the correction is not required to protect health and safety.
69.1 ACCESSORY STRUCTURES ¶
- (See also, Section 313 43.1, Accessory Uses.)
69.1.1 Purpose. The purpose of these provisions is to specify the buildings that are permitted as accessory to the permitted buildings in the principal zones, and to establish the regulations that apply to the permitted accessory buildings. (Former Section CZ#A314-2(A)); Ord. 1623, Sec. 1, 12/13/83; amended by Ord. 1726, Sec. 1, 3/4/86)
69.1.2 Permitted Accessory Structures in All Zones. The following accessory structures shall be permitted in all zones, except as otherwise stated, and shall be subject to the standards set forth in this Code: (Former Section CZ#A314-2(D))
69.1.2.1Off-street parking areas and parking structures for use by persons living, conducting business, or visiting the premises; (Former Section CZ#A314-2(D)(1))
69.1.2.2Structures housing equipment and materials used exclusively on the premises; (Former Section CZ#A314-2(D)(2))
69.1.2.3Structures for the conduct of recreational activities for use by persons living on the premises; (Former Section CZ#A314-2(D) (3))
69.1.2.4Temporary accessory structures as permitted by the Temporary Use regulations in this Code. (Former Section CZ#A314-2(D) (7))
69.1.3 Permitted Residential Accessory Structures. The following accessory structures shall be permitted in residential zones: (Former Section CZ#A314-2(E))
69.1.3.1Detached Accessory Buildings; (Former Section CZ#A314-2(E)(3))
69.1.3.2Children’s Playhouses; (Former Section CZ#A314-2(E)(4))
69.1.3.3Radio and Television Receiving Antennas; (Former Section CZ#A314-2(E)(5))
69.1.3.4Swimming Pools; (Former Section CZ#A314-2(E)(6))
(Note: The following subsection, “Accessory Small Hydroelectric Generating Facilities,” has been removed from Chapter 3 because these generating facilities are not permitted as an accessory use in the Coastal Zone.)
69.1.4 Special Permit Requirements for Accessory Detached Buildings in Residential Zones. A Special Permit must be secured to allow for the following accessory buildings in RS, R2 and RM Zones: (Former Section CZ#A314-2(F))
69.1.4.1The construction of any accessory building, on any lot where a principal permitted use is not present; (Former Section CZ#A314-2(F)(1))
69.1.4.2Detached accessory buildings that exceed fifteen (15) feet in height or one thousand (1,000) square feet of gross floor area. (Former Section CZ#A314-2(F)(2))
69.1.5 Permitted Agricultural Accessory Structures. The following accessory structures shall be permitted in the (AE) Agricultural Exclusive, (TC) Commercial Timberland, (TPZ) Timber Production, and (RA) Rural Residential Agricultural Zones: (Former Section CZ#A314-2(G))
69.1.5.1Windmills, not including windmills that produce energy for export off of the property; (Former Section CZ#A314-2(G)(1))
69.1.5.2Greenhouses, except that greenhouses with concrete slab floors shall not be located on prime agricultural soil. Concrete, asphalt, and similarly constructed footpaths within a greenhouse may be permitted on prime agricultural soils with a Special Permit; (Former Section CZ#A314-2(G)(2))
69.1.5.3Silos; (Former Section CZ#A314-2(G)(3))
69.1.5.4Tank Houses; (Former Section CZ#A314-2(G)(4))
69.1.5.5Barns and outbuildings; (Former Section CZ#A314-2(G)(5))
69.1.5.6Coops; (Former Section CZ#A314-2(G)(6)
69.1.5.7Drainage facilities and structures. (Note: in the Coastal Zone these facilities and structures are subject to the following Combining Zone regulations, as applicable, and to Chapter 2, Procedures: R - Streams and Riparian Corridors Protection (Section 31333.1); T - Transitional Agricultural Lands (Section 313 35.1); and Coastal Wetland Areas (Section 313 38.1). (Former Section CZ#A3142(G)(7))
69.1.5.8 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of two hundred (200) square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way. Roadside sales of agriculture products shall not be allowed on RA zoned parcels. (See also, Section 313-43.1, Accessory Uses.) (Former Section CZ#A314-2(G)(8))
69.1.5.9 Other Necessary and Customary Structures. Accessory structures in addition to those identified in Section 69.1.5, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity, as determined by the Director. (Former Section CZ#A314-2(G)(10))
69.1.6 Special Setback Requirements for Permitted, Detached Accessory Buildings and Structures. Detached accessory buildings and structures shall, in addition to conforming with all required yard setbacks, be setback at least six (6) feet from any other buildings or structures located on the same building site. (Former Section CZ#A314-2(J)) (Ord. 2717, § 4, 6/27/2023) Your Selections
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69.05 ACCESSORY DWELLING UNIT ¶
69.05.1 Purpose and Findings. The provisions of this chapter are intended to set forth standards in accordance with State law for creation or conversion of at least one (1) accessory dwelling unit (ADU) per lot zoned to allow single-family or multifamily dwelling residential use. In addition, this section includes provisions for the regulation of junior accessory dwelling units (JADUs) as defined in Section 313-145 and provision to allow a tiny house or moveable tiny house as defined in Sections 313-155 and 313-148 as an ADU when developed consistent with this section. An ADU does not exceed the allowable density for the lot on which it is located.
69.05.2 Accessory Dwelling Units Generally Permitted. In general, ADUs and JADUs are permitted without a public hearing in any zone that allows single-family or multifamily dwelling residential use and includes a proposed or existing dwelling, if the general provisions in subsection 313-69.05.3 are met, the ADU and/or JADU meets the development regulations and standards of subsection 313-69.05.4, and the exceptions in subsection 313-69.05.2.2 do not apply. As specified in the Principal Zones in Sections 313-2.1 through 313-7.3, ADUs are allowed in the RS, RM, R2, RA, AE, TC, and TPZ Zones with a coastal development permit (CDP) as set forth below.
69.05.2.1 Coastal Development Permit Requirements for ADUs and JADUs. Coastal development permits (CDPs) are required for ADUs and JADUs if the ADU/JADU meets the definition of “development” under the California Public Resources Code Section 30106 and is not excluded from CDP requirements under the California Public Resources Code Section 30000 et seq., or the California Code of Regulations.
69.05.2.1.1In some cases, an ADU or JADU may require a special permit if located within the areas identified in Section 313-69.05.6, or when the ADU or JADU does not meet the criteria of subsection 313-69.05.4.6.
69.05.2.1.2Accessory dwelling units and junior accessory dwelling units (JADUs) as defined in Sections 313-136 and 313-145 that convert habitable space in a primary residence do not require a CDP unless the conversion involves alteration to the size of the residence, removal or replacement of major structural components, or the placement or erection of any solid material or structure on land, or unless a previously issued CDP requires a CDP or CDP amendment for any development on the lot.
69.05.2.1.3 ADUs and JADUs Allowed Without a Public Hearing. An ADU or JADU that requires a CDP does not require a public hearing. Notice must be given in accordance with Section 312-8, and final notice of the decision must be provided as described in Section 312-6.7.
69.05.2.2 Exceptions. ADUs and JADUs may be prohibited or may require a special permit in addition to a coastal development permit in certain designated areas as described in subsection 313-69.05.6, based on adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. Outside the ADU Special Permit Area, an ADU that cannot meet all the criteria in subsection 313-69.05.4.6 may still be permitted with a special permit subject to meeting requirements in subsection 31369.05.6. If an earlier CDP issued for an existing structure indicates that future improvements would require a development permit, a CDP with public hearing is required.
69.05.2.3 Expedited Application Review. The County shall act on the building permit application for an accessory dwelling unit, and any associated CDP, within sixty (60) days from the date the completed application is received if there is an existing single-family or multifamily dwelling on the lot. If a permit application to create an ADU or JADU requires a special permit or a discretionary coastal development permit pursuant to subsection 313-69.05.6.1, action on the special permit and associated CDP may exceed the sixty (60) day time period.
69.05.3 General Provisions. The following provisions apply to ADUs and JADUs: ¶
69.05.3.1 One (1) or More ADU Per Lot. In general, one (1) ADU is permitted per lot developed or proposed to be developed with a single-family dwelling, and two (2) ADUs are permitted with a multifamily dwelling. For AE lots sixty (60) acres or larger in size, an ADU unrestricted in size may be allowed instead of the allowed second residence. Configurations with more than one (1) ADU are allowed in residential, mixed use, and multifamily zones as described in subsection 313-69.05.3.8.
69.05.3.2 Ownership and Occupancy. ¶
69.05.3.2.1 Ownership. An ADU or JADU shall not be sold separately from the principal dwelling, except that moveable tiny houses maybe be sold when removed from the lot; or where the ADU or the primary dwelling was built or developed by a qualified nonprofit corporation, and the other conditions of California Government Code Section 65852.26 are met.
69.05.3.2.2 JADU Owner Occupancy. The owner of the single-family residence containing a JADU must reside in either the singlefamily residence or the JADU unless the owner is a governmental agency land trust, or housing organization.
69.05.3.3 Renting Permitted. The ADU may, but need not be, rented.
69.05.3.4 Short-Term Lodging Prohibited. Neither the ADU nor the primary residence shall be rented for periods of thirty (30) days or less. Prior to obtaining a building permit for an ADU or JADU, a deed restriction approved by the County shall be recorded with the County Recorder’s office, which shall include the prohibition on the use of any dwelling for transient habitation.
69.05.3.5 Building Type. The ADU may be within, attached to, or detached from the existing or proposed principal residence and may be over a garage. An ADU may also be a tiny house as defined in Section 313-155; a moveable tiny house as defined in Section 313-148; or a manufactured home as defined in California Health and Safety Code Section 18007. A JADU may be constructed within the walls of a proposed or existing single-family residence, including within an attached garage or other enclosed use within the residence.
69.05.3.5.1 Manufactured Homes as Accessory Dwelling Units. A manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 is permitted as an ADU with a building permit on parcels where single-family residences are allowed. It may or may not be placed on a permanent foundation, but must meet building and zoning regulations, skirting requirements, and foundation or setup configurations as described in Section 313-107.1.
69.05.3.5.2 Tiny Houses and Moveable Tiny Houses as ADUs. A tiny house as defined in Section 313-155 that meets all applicable building and development standards in this Code is deemed a permanent dwelling, and is allowed as an ADU. A moveable tiny house as defined in Section 313-148 that meets all applicable building and development standards in this Code, and meets the criteria in subsection 313-69.05.5, is deemed a single-family dwelling and is allowed as an ADU.
69.05.3.6 Sewer and Water Service. All new ADUs within Urban Service Areas shall connect to public wastewater systems if wastewater treatment is available. Where wastewater treatment is not available, a private sanitation and/or water supply system must meet County Health Department requirements. Outside Urban Service Areas, sanitation facilities, plumbing, and water supply for the ADU, including any septic or waterless toilet systems used, shall comply with all applicable County Health Department requirements for sewage disposal and water supply.
. Where wastewater treatment is not available, a private sanitation and/or water supply system must meet County Health Department requirements. Outside Urban Service Areas, sanitation facilities, plumbing, and water supply for the ADU, including any septic or waterless toilet systems used, shall comply with all applicable County Health Department requirements for sewage disposal and water supply.
69.05.3.7 Existing Single-Family Residence. Where one (1) single-family dwelling unit exists on a lot, a larger home may be constructed as the principal dwelling unit, and the existing unit treated as the ADU, provided all other applicable development regulations and standards can be met for both units.
69.05.3.8 ADU and JADU Configurations Within Residential and Mixed Use Zones. Combinations of ADUs and JADUs may be permitted on the same lot within residential or mixed-use zones in the configurations listed below. A junior aecessory dwelling unit (JADU) is defined in Section 313-145.
69.05.3.8.1 ADU or JADU Within Existing Single-Family Structure. One (1) accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
69.05.3.8.1.1The accessory dwelling unit or junior accessory dwelling unit is within the existing or proposed space of a single-family dwelling, or the accessory unit is within the existing space of a single-family dwelling or accessory structure, and may include an expansion of no more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
69.05.3.8.1.2The ADU or JADU has separate exterior access from the proposed or existing single-family dwelling.
69.05.3.8.1.3The side and rear setbacks are sufficient for fire and safety as established either by the local fire authority, or by Fire Safe regulations if the site is within a State Responsibility Area for fire response.
69.05.3.8.1.4The junior accessory dwelling unit complies with the requirements of Section 313-145 and the other applicable sections of this chapter, including a maximum size of five hundred (500) square feet floor area.
69.05.3.8.2 New Detached ADU. One (1) detached, newly constructed accessory dwelling unit with minimum four (4) foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. In addition to the detached accessory dwelling unit, one (1) JADU is allowed on the lot, if the JADU is within a single-family residence as described in subsection 313-69.05.3.8.1, and:
69.05.3.8.2.1The detached ADU contains no more than eight hundred (800) square feet of floor space, and its height is no more than sixteen (16) feet.
69.05.3.8.3 ADUs in Existing Multifamily Structures. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least one (1) accessory dwelling unit shall be allowed within an existing multifamily dwelling, and up to twenty-five percent (25%) of the existing multifamily dwelling units may be allowed.
69.05.3.9 Detached ADUs With Existing Multifamily Structures. Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling, subject to a height limit of sixteen (16) feet and four (4) foot rear yard and side setbacks.
69.05.4 Development Regulations, Standards, and Applicable Codes. The following development regulations and standards shall apply to all ADUs and as applicable to JADUs:
69.05.4.1 Utilities. Utilities may be shared in common with or separate from the main dwelling unit, whichever method may afford compliance with the applicable requirements of the County Code, including the currently effective versions of the Uniform Building Codes and Uniform Plumbing Codes, except that:
69.05.4.1.1 Connection Fees. An accessory dwelling unit shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, except for water and sewer services as set forth in subsection 31369.05.4.1.4, unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.2 Impact Fees. A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subsection, “impact fee” has the same meaning as the term “fee” as defined in subdivision (b) of California Government Code Section 66000, except that it also includes fees specified in California Government Code Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
69.05.4.1.3 No New Connections in Existing Structures. No new or separate utility connection shall be required between the ADU and the utility, and no related connection fee or capacity charge shall be imposed if the ADU is contained within the existing space of a single-family residence or accessory structure and meets conditions in subsection 313-69.05.3.8.1, unless the accessory dwelling unit was constructed with a new single-family dwelling.
res. No new or separate utility connection shall be required between the ADU and the utility, and no related connection fee or capacity charge shall be imposed if the ADU is contained within the existing space of a single-family residence or accessory structure and meets conditions in subsection 313-69.05.3.8.1, unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.4 New Detached Units. For an accessory dwelling unit that is not contained within the existing space of a single-family residence or accessory structure, or does not meet conditions in subsection 313-69.05.3.8.1, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with California Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its size in square feet or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
69.05.4.1.5 Districts Under Moratoria or Compliance Orders. A district, resort improvement district, or community service district that is under a moratorium on new connections, or under a compliance order for treatment issues, may not be compelled to provide water or sewer service for an accessory dwelling unit.
69.05.4.2 Building Site. The accessory dwelling unit shall be on the same lot as the proposed or existing primary residence. Accessory dwelling units must meet local building code requirements that apply to detached dwellings, as appropriate. In areas zoned TPZ, TC, or AE, the curtilage area for residences, ADUs, associated residential structures, driveways, utilities, and fire safety setbacks shall not exceed two (2) acres per parcel, or fifty percent (50%) of total acreage, whichever is smaller. Residences, ADUs, associated residential structures, driveways, and utilities shall be sited so as to minimize impacts to agriculturally related activities. ADUs are prohibited on prime soils on agricultural lands. Accessory dwelling units on timber lands shall not result in conversion to units of noncommercial size. All new detached accessory dwellings on agricultural land and timberlands shall be clustered with other existing structures to the maximum extent feasible.
69.05.4.3 Total Floor Area. The total floor area of a detached ADU shall not exceed one thousand two hundred (1,200) square feet. If there is an existing primary residence, the total area of floor space of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the area of the existing primary residence or one thousand two hundred (1,200) square feet. The minimum floor area shall be one hundred fifty (150) square feet. Floor area includes all enclosed habitable living space but excludes sheds, garages and storage areas.
xisting primary residence, the total area of floor space of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the area of the existing primary residence or one thousand two hundred (1,200) square feet. The minimum floor area shall be one hundred fifty (150) square feet. Floor area includes all enclosed habitable living space but excludes sheds, garages and storage areas.
69.05.4.4 Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
69.05.4.5 Setbacks. No setback shall be required for an ADU or a portion of an ADU, converted from an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure. A setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
69.05.4.6 Parking. Each ADU requires one (1) parking space. These spaces may be provided in tandem on a driveway. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
69.05.4.6.1 Exceptions to Parking Standards. Parking standards for an ADU or JADU shall not apply if the ADU or JADU is (1) located within one-half (1/2) mile walking distance of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the
accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.
69.05.4.7 No Frontage Improvements. No frontage improvements shall be required for ADUs.
69.05.4.8 Services. The applicant shall provide evidence of adequate services to serve the accessory dwelling unit including water supply and sewage disposal.
69.05.4.9 Public Access. Accessory dwelling units shall not obstruct public access to and along the coast or public trails and shall conform to the Public Access Policies and Standards of the applicable Coastal Plan.
69.05.4.10 Visual Resources. Accessory dwelling units shall not significantly obstruct public views from any public road, trail, or public recreation area to and along the coast, and shall conform to the Visual Resource Protection Policies and Standards of the applicable Coastal Plan.
69.05.4.11 Environmentally Sensitive Habitat Areas and Wetlands. All development associated with accessory dwelling units shall conform to the Natural Resources Protection Policies and Standards of the applicable Coastal Plan.
69.05.4.12 Agricultural Lands. All development associated with accessory dwelling units shall be prohibited on prime agricultural soils and, where there are no prime soils, be sited so as to minimize impacts to the use of land for agriculturally related activities. All new detached accessory dwelling units shall be clustered with other existing structures to the maximum extent feasible.
69.05.4.13 Timberlands. All development associated with accessory dwelling units shall be sited so as to minimize impacts to timber related activities. All new detached accessory dwelling units shall be clustered with other existing structures to the maximum extent feasible.
69.05.4.14 Accessory Dwelling Units on Lots with Nonconforming Use or Structure. Accessory dwelling units may be approved on lots with nonconforming uses, structures, or support facilities; provided, that no greater degree of nonconformity is created and the ADU complies with all ESHA protection policies.
69.05.5 Moveable Tiny House as an ADU. In addition to the other provisions of this section, movable tiny houses as defined in Section 313-148 used as ADUs shall comply with all of the following provisions:
69.05.5.1 Skirting. The undercarriage (wheels, axles, tongue and hitch) must be hidden from view.
69.05.5.2 Foundation or Pad. ¶
69.05.5.2.1 Foundation. If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a movable tiny house shall follow the State-approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
69.05.5.2.2 Paved or Alternate Pad. If the wheels are not removed, the parking area shall include bumper guards, curbs, or other installations adequate to prevent movement of the unit. The wheels and leveling or support jacks must sit on a paving surface compliant with either of the following:
69.05.5.2.2.1 Paving. A parking area for a moveable tiny house on wheels shall be paved with hard, durable asphaltic paving that has been mixed at a plant and is at least two (2) inches thick after compaction, with Portland cement paving at least three (3) inches thick, or an alternative as described in subsection 313-69.05.5.2.2.2.
69.05.5.2.2.2 Alternative Paving Materials. An alternative paving material is one (1) of the following: porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, decomposed granite, crushed rock, gravel, and restrained systems (a plastic or concrete grid system confined on all sides to restrict lateral movement, and filled with gravel or grass in the voids). Alternative paving materials are permitted subject to all the following requirements:
69.05.5.2.2.2.1Permeable interlocking concrete pavers and permeable pavers shall have a minimum thickness of eighty (80) mm (3.14 inches).
69.05.5.2.2.2.2Products and underlying drainage material shall be installed to meet manufacturers’ specifications. Sub-grade soils shall be compacted as required to meet the product installation specifications.
69.05.5.3 Mechanical Equipment. Mechanical equipment shall be incorporated into the structure and not located on the roof.
69.05.5.4 Sprinklers. Movable tiny houses are not required to have sprinklers, but shall follow the ANSI 119.5 standards relating to health, fire and life-safety.
69.05.5.5 Applicable Codes. Moveable tiny houses shall meet either the provisions of ANSI 119.5 or NFPA 1192 standards, or the provisions of the California Building Code, including 2019 CA Residential Code Appendix Q Tiny Houses or other adopted alternatives, or both.
69.05.5.6 Design Standards. Movable tiny houses must comply with all requirements for detached ADUs and shall have the following design elements:
69.05.5.6.1Materials used as exterior wall covering shall be natural or man-made, non-reflective materials; and no more than ten percent (10%) of the exterior may be reflective in nature;
69.05.5.6.2Windows shall be at least double pane glass and labelled for building use, and shall include exterior trim;
69.05.5.6.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area;
69.05.5.6.4The unit shall be plumbed to allow connection to an approved means of sewage disposal, septic system, or waterless toilet. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
69.05.5.6.5A moveable tiny house need not be connected to a source of electrical power, but if it is, the installation shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations.
69.05.6 ADU Special Permit Area. ¶
69.05.5.6.1 Locations with Potential Safety or Coastal Resource Impacts. Lots located in the ADU Special Permit Area are presumed to have certain water and sewer service limitations, adverse impacts on traffic flow, public safety conditions, and/or potentially raise coastal resource issues that may preclude construction of an ADU or JADU or which may require certain mitigation measures. An ADU or JADU may be prohibited or may require a special permit (or associated discretionary coastal development permit) if any of these conditions are present:
69.05.6.1.1Areas outside a Fire Protection District;
69.05.6.1.2Airport incompatibility. A special permit may not be issued if the ADU exceeds the density limit in an airport zone;
69.05.6.1.3Areas of active or historic landslides; areas of potential liquefaction; or areas along a bluff or cliff where the proposed ADU is within the “area of demonstration of stability” as defined in the relevant Local Coastal Program.
69.05.6.1.4Flood and tsunami hazards, including areas subject to future sea level rise (SLR) with a seventy-five (75) year design life horizon as determined by the Planning Director based on the best available science consistent with the California Coastal Commission’s adopted 2018 SLR Policy Guidance (and any subsequent updates);
69.05.6.1.5Proximity within one thousand (1,000) feet of a toxic cleanup site as designated by California Department of Toxic Substances;
69.05.6.1.6Areas outside of water and sewer service area where there is a necessity to expand service or construct water wells or septic systems to serve the ADU or JADU;
69.05.6.1.7Parcels within Special Combining Zones that protect coastal resources, as mapped on the County’s GIS, including A: Archaeological Resource Area and Special Archaeological Resource Area for Shelter Cove; B: Beach and Dune areas; C: Coastal Resource Dependent; D: Design Review; E: Coastal Elk Habitat; R: Streams and Riparian Corridors; T: Transitional Agricultural Lands; and W: Coastal Wetland Areas Combining Zones.
69.05.6.2 Required Findings for Permits. ¶
69.05.6.2.1On a parcel within a mapped ADU Special Permit Area due to one (1) or more of the conditions in subsection 313-69.05.6.1, an ADU or JADU may be allowed with a special permit/CDP only if (1) evidence shows that the health and safety conditions for which it was included do not apply to that site, or can be adequately mitigated, and (2) the ADU or JADU can be developed consistent with all other applicable provisions of the Local Coastal Plan.
69.05.6.2.2When an ADU or JADU does not meet the criteria of subsection 313-69.05.4.6, an ADU or JADU may be allowed with a special permit only if (1) the ADU or JADU is consistent with all other applicable provisions of this chapter, and (2) the ADU or JADU can be developed consistent with all other applicable provisions of the Local Coastal Plan.
69.05.6.3 Hazardous Disclosure Requirements. Where an ADU or JADU would be located in an area listed in subsection 31369.05.6.1.3 or in an area of future sea level rise (with a seventy-five (75) year horizon) as determined by the Planning Director pursuant to subsection 313-69.05.6.1.4, the record owner of the ADU or JADU shall be required to acknowledge and agree, and property owners, except public agencies, must also record a deed restriction against the property on which the ADU is located to acknowledge and agree: (1) that the ADU or JADU is located in a hazardous area, or an area that may become hazardous in the future; (2) to assume the risks of injury and damage from such hazards in connection with the permitted development; (3) that they have no rights under Coastal Act Section 30235 and related LCP policies to shoreline armoring in the future; (4) that sea level rise and related coastal hazards could render it difficult or impossible to provide services to the site (e.g., maintenance of roadways, utilities, sewage or water systems), thereby constraining allowed uses of the site or rendering it uninhabitable; and (5) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe or if removal is required pursuant to other applicable provisions of the Local Coastal Plan. The record owner of the ADU or JADU shall also provide notice to all occupants of the ADU or JADU of these specified acknowledgments.
69.05.7 Delayed Enforcement of Building Code Violations. Any owner of an existing ADU built before the effective date of the ordinance codified in this section, who receives notice of a building code violation, may request a delay in enforcement for five (5) years. The Chief Building Official must grant the delay if the correction is not required to protect health and safety.
69.1 ACCESSORY STRUCTURES ¶
- (See also, Section 313 43.1, Accessory Uses.)
69.1.1 Purpose. The purpose of these provisions is to specify the buildings that are permitted as accessory to the permitted buildings in the principal zones, and to establish the regulations that apply to the permitted accessory buildings. (Former Section CZ#A314-2(A)); Ord. 1623, Sec. 1, 12/13/83; amended by Ord. 1726, Sec. 1, 3/4/86)
69.1.2 Permitted Accessory Structures in All Zones. The following accessory structures shall be permitted in all zones, except as otherwise stated, and shall be subject to the standards set forth in this Code: (Former Section CZ#A314-2(D))
69.1.2.1Off-street parking areas and parking structures for use by persons living, conducting business, or visiting the premises; (Former Section CZ#A314-2(D)(1))
69.1.2.2Structures housing equipment and materials used exclusively on the premises; (Former Section CZ#A314-2(D)(2))
69.1.2.3Structures for the conduct of recreational activities for use by persons living on the premises; (Former Section CZ#A314-2(D) (3))
69.1.2.4Temporary accessory structures as permitted by the Temporary Use regulations in this Code. (Former Section CZ#A314-2(D) (7))
69.1.3 Permitted Residential Accessory Structures. The following accessory structures shall be permitted in residential zones: (Former Section CZ#A314-2(E))
69.1.3.1Detached Accessory Buildings; (Former Section CZ#A314-2(E)(3))
69.1.3.2Children’s Playhouses; (Former Section CZ#A314-2(E)(4))
69.1.3.3Radio and Television Receiving Antennas; (Former Section CZ#A314-2(E)(5))
69.1.3.4Swimming Pools; (Former Section CZ#A314-2(E)(6))
(Note: The following subsection, “Accessory Small Hydroelectric Generating Facilities,” has been removed from Chapter 3 because these generating facilities are not permitted as an accessory use in the Coastal Zone.)
69.1.4 Special Permit Requirements for Accessory Detached Buildings in Residential Zones. A Special Permit must be secured to allow for the following accessory buildings in RS, R2 and RM Zones: (Former Section CZ#A314-2(F))
69.1.4.1The construction of any accessory building, on any lot where a principal permitted use is not present; (Former Section CZ#A314-2(F)(1))
69.1.4.2Detached accessory buildings that exceed fifteen (15) feet in height or one thousand (1,000) square feet of gross floor area. (Former Section CZ#A314-2(F)(2))
69.1.5 Permitted Agricultural Accessory Structures. The following accessory structures shall be permitted in the (AE) Agricultural Exclusive, (TC) Commercial Timberland, (TPZ) Timber Production, and (RA) Rural Residential Agricultural Zones: (Former Section CZ#A314-2(G))
69.1.5.1Windmills, not including windmills that produce energy for export off of the property; (Former Section CZ#A314-2(G)(1))
69.1.5.2Greenhouses, except that greenhouses with concrete slab floors shall not be located on prime agricultural soil. Concrete, asphalt, and similarly constructed footpaths within a greenhouse may be permitted on prime agricultural soils with a Special Permit; (Former Section CZ#A314-2(G)(2))
69.1.5.3Silos; (Former Section CZ#A314-2(G)(3))
69.1.5.4Tank Houses; (Former Section CZ#A314-2(G)(4))
69.1.5.5Barns and outbuildings; (Former Section CZ#A314-2(G)(5))
69.1.5.6Coops; (Former Section CZ#A314-2(G)(6)
69.1.5.7Drainage facilities and structures. (Note: in the Coastal Zone these facilities and structures are subject to the following Combining Zone regulations, as applicable, and to Chapter 2, Procedures: R - Streams and Riparian Corridors Protection (Section 31333.1); T - Transitional Agricultural Lands (Section 313 35.1); and Coastal Wetland Areas (Section 313 38.1). (Former Section CZ#A3142(G)(7))
69.1.5.8 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of two hundred (200) square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way. Roadside sales of agriculture products shall not be allowed on RA zoned parcels. (See also, Section 313-43.1, Accessory Uses.) (Former Section CZ#A314-2(G)(8))
69.1.5.9 Other Necessary and Customary Structures. Accessory structures in addition to those identified in Section 69.1.5, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity, as determined by the Director. (Former Section CZ#A314-2(G)(10))
69.1.6 Special Setback Requirements for Permitted, Detached Accessory Buildings and Structures. Detached accessory buildings and structures shall, in addition to conforming with all required yard setbacks, be setback at least six (6) feet from any other buildings or structures located on the same building site. (Former Section CZ#A314-2(J)) (Ord. 2717, § 4, 6/27/2023) Your Selections
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69.05 ACCESSORY DWELLING UNIT ¶
69.05.1 Purpose and Findings. The provisions of this chapter are intended to set forth standards in accordance with State law for creation or conversion of at least one (1) accessory dwelling unit (ADU) per lot zoned to allow single-family or multifamily dwelling residential use. In addition, this section includes provisions for the regulation of junior accessory dwelling units (JADUs) as defined in Section 313-145 and provision to allow a tiny house or moveable tiny house as defined in Sections 313-155 and 313-148 as an ADU when developed consistent with this section. An ADU does not exceed the allowable density for the lot on which it is located.
69.05.2 Accessory Dwelling Units Generally Permitted. In general, ADUs and JADUs are permitted without a public hearing in any zone that allows single-family or multifamily dwelling residential use and includes a proposed or existing dwelling, if the general provisions in subsection 313-69.05.3 are met, the ADU and/or JADU meets the development regulations and standards of subsection 313-69.05.4, and the exceptions in subsection 313-69.05.2.2 do not apply. As specified in the Principal Zones in Sections 313-2.1 through 313-7.3, ADUs are allowed in the RS, RM, R2, RA, AE, TC, and TPZ Zones with a coastal development permit (CDP) as set forth below.
69.05.2.1 Coastal Development Permit Requirements for ADUs and JADUs. Coastal development permits (CDPs) are required for ADUs and JADUs if the ADU/JADU meets the definition of “development” under the California Public Resources Code Section 30106 and is not excluded from CDP requirements under the California Public Resources Code Section 30000 et seq., or the California Code of Regulations.
69.05.2.1.1In some cases, an ADU or JADU may require a special permit if located within the areas identified in Section 313-69.05.6, or when the ADU or JADU does not meet the criteria of subsection 313-69.05.4.6.
69.05.2.1.2Accessory dwelling units and junior accessory dwelling units (JADUs) as defined in Sections 313-136 and 313-145 that convert habitable space in a primary residence do not require a CDP unless the conversion involves alteration to the size of the residence, removal or replacement of major structural components, or the placement or erection of any solid material or structure on land, or unless a previously issued CDP requires a CDP or CDP amendment for any development on the lot.
69.05.2.1.3 ADUs and JADUs Allowed Without a Public Hearing. An ADU or JADU that requires a CDP does not require a public hearing. Notice must be given in accordance with Section 312-8, and final notice of the decision must be provided as described in Section 312-6.7.
69.05.2.2 Exceptions. ADUs and JADUs may be prohibited or may require a special permit in addition to a coastal development permit in certain designated areas as described in subsection 313-69.05.6, based on adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. Outside the ADU Special Permit Area, an ADU that cannot meet all the criteria in subsection 313-69.05.4.6 may still be permitted with a special permit subject to meeting requirements in subsection 31369.05.6. If an earlier CDP issued for an existing structure indicates that future improvements would require a development permit, a CDP with public hearing is required.
69.05.2.3 Expedited Application Review. The County shall act on the building permit application for an accessory dwelling unit, and any associated CDP, within sixty (60) days from the date the completed application is received if there is an existing single-family or multifamily dwelling on the lot. If a permit application to create an ADU or JADU requires a special permit or a discretionary coastal development permit pursuant to subsection 313-69.05.6.1, action on the special permit and associated CDP may exceed the sixty (60) day time period.
69.05.3 General Provisions. The following provisions apply to ADUs and JADUs: ¶
69.05.3.1 One (1) or More ADU Per Lot. In general, one (1) ADU is permitted per lot developed or proposed to be developed with a single-family dwelling, and two (2) ADUs are permitted with a multifamily dwelling. For AE lots sixty (60) acres or larger in size, an ADU unrestricted in size may be allowed instead of the allowed second residence. Configurations with more than one (1) ADU are allowed in residential, mixed use, and multifamily zones as described in subsection 313-69.05.3.8.
69.05.3.2 Ownership and Occupancy. ¶
69.05.3.2.1 Ownership. An ADU or JADU shall not be sold separately from the principal dwelling, except that moveable tiny houses maybe be sold when removed from the lot; or where the ADU or the primary dwelling was built or developed by a qualified nonprofit corporation, and the other conditions of California Government Code Section 65852.26 are met.
69.05.3.2.2 JADU Owner Occupancy. The owner of the single-family residence containing a JADU must reside in either the singlefamily residence or the JADU unless the owner is a governmental agency land trust, or housing organization.
69.05.3.3 Renting Permitted. The ADU may, but need not be, rented.
69.05.3.4 Short-Term Lodging Prohibited. Neither the ADU nor the primary residence shall be rented for periods of thirty (30) days or less. Prior to obtaining a building permit for an ADU or JADU, a deed restriction approved by the County shall be recorded with the County Recorder’s office, which shall include the prohibition on the use of any dwelling for transient habitation.
69.05.3.5 Building Type. The ADU may be within, attached to, or detached from the existing or proposed principal residence and may be over a garage. An ADU may also be a tiny house as defined in Section 313-155; a moveable tiny house as defined in Section 313-148; or a manufactured home as defined in California Health and Safety Code Section 18007. A JADU may be constructed within the walls of a proposed or existing single-family residence, including within an attached garage or other enclosed use within the residence.
69.05.3.5.1 Manufactured Homes as Accessory Dwelling Units. A manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 is permitted as an ADU with a building permit on parcels where single-family residences are allowed. It may or may not be placed on a permanent foundation, but must meet building and zoning regulations, skirting requirements, and foundation or setup configurations as described in Section 313-107.1.
69.05.3.5.2 Tiny Houses and Moveable Tiny Houses as ADUs. A tiny house as defined in Section 313-155 that meets all applicable building and development standards in this Code is deemed a permanent dwelling, and is allowed as an ADU. A moveable tiny house as defined in Section 313-148 that meets all applicable building and development standards in this Code, and meets the criteria in subsection 313-69.05.5, is deemed a single-family dwelling and is allowed as an ADU.
69.05.3.6 Sewer and Water Service. All new ADUs within Urban Service Areas shall connect to public wastewater systems if wastewater treatment is available. Where wastewater treatment is not available, a private sanitation and/or water supply system must meet County Health Department requirements. Outside Urban Service Areas, sanitation facilities, plumbing, and water supply for the ADU, including any septic or waterless toilet systems used, shall comply with all applicable County Health Department requirements for sewage disposal and water supply.
. Where wastewater treatment is not available, a private sanitation and/or water supply system must meet County Health Department requirements. Outside Urban Service Areas, sanitation facilities, plumbing, and water supply for the ADU, including any septic or waterless toilet systems used, shall comply with all applicable County Health Department requirements for sewage disposal and water supply.
69.05.3.7 Existing Single-Family Residence. Where one (1) single-family dwelling unit exists on a lot, a larger home may be constructed as the principal dwelling unit, and the existing unit treated as the ADU, provided all other applicable development regulations and standards can be met for both units.
69.05.3.8 ADU and JADU Configurations Within Residential and Mixed Use Zones. Combinations of ADUs and JADUs may be permitted on the same lot within residential or mixed-use zones in the configurations listed below. A junior aecessory dwelling unit (JADU) is defined in Section 313-145.
69.05.3.8.1 ADU or JADU Within Existing Single-Family Structure. One (1) accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
69.05.3.8.1.1The accessory dwelling unit or junior accessory dwelling unit is within the existing or proposed space of a single-family dwelling, or the accessory unit is within the existing space of a single-family dwelling or accessory structure, and may include an expansion of no more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
69.05.3.8.1.2The ADU or JADU has separate exterior access from the proposed or existing single-family dwelling.
69.05.3.8.1.3The side and rear setbacks are sufficient for fire and safety as established either by the local fire authority, or by Fire Safe regulations if the site is within a State Responsibility Area for fire response.
69.05.3.8.1.4The junior accessory dwelling unit complies with the requirements of Section 313-145 and the other applicable sections of this chapter, including a maximum size of five hundred (500) square feet floor area.
69.05.3.8.2 New Detached ADU. One (1) detached, newly constructed accessory dwelling unit with minimum four (4) foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. In addition to the detached accessory dwelling unit, one (1) JADU is allowed on the lot, if the JADU is within a single-family residence as described in subsection 313-69.05.3.8.1, and:
69.05.3.8.2.1The detached ADU contains no more than eight hundred (800) square feet of floor space, and its height is no more than sixteen (16) feet.
69.05.3.8.3 ADUs in Existing Multifamily Structures. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least one (1) accessory dwelling unit shall be allowed within an existing multifamily dwelling, and up to twenty-five percent (25%) of the existing multifamily dwelling units may be allowed.
69.05.3.9 Detached ADUs With Existing Multifamily Structures. Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling, subject to a height limit of sixteen (16) feet and four (4) foot rear yard and side setbacks.
69.05.4 Development Regulations, Standards, and Applicable Codes. The following development regulations and standards shall apply to all ADUs and as applicable to JADUs:
69.05.4.1 Utilities. Utilities may be shared in common with or separate from the main dwelling unit, whichever method may afford compliance with the applicable requirements of the County Code, including the currently effective versions of the Uniform Building Codes and Uniform Plumbing Codes, except that:
69.05.4.1.1 Connection Fees. An accessory dwelling unit shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, except for water and sewer services as set forth in subsection 31369.05.4.1.4, unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.2 Impact Fees. A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subsection, “impact fee” has the same meaning as the term “fee” as defined in subdivision (b) of California Government Code Section 66000, except that it also includes fees specified in California Government Code Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
69.05.4.1.3 No New Connections in Existing Structures. No new or separate utility connection shall be required between the ADU and the utility, and no related connection fee or capacity charge shall be imposed if the ADU is contained within the existing space of a single-family residence or accessory structure and meets conditions in subsection 313-69.05.3.8.1, unless the accessory dwelling unit was constructed with a new single-family dwelling.
res. No new or separate utility connection shall be required between the ADU and the utility, and no related connection fee or capacity charge shall be imposed if the ADU is contained within the existing space of a single-family residence or accessory structure and meets conditions in subsection 313-69.05.3.8.1, unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.4 New Detached Units. For an accessory dwelling unit that is not contained within the existing space of a single-family residence or accessory structure, or does not meet conditions in subsection 313-69.05.3.8.1, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with California Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its size in square feet or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
69.05.4.1.5 Districts Under Moratoria or Compliance Orders. A district, resort improvement district, or community service district that is under a moratorium on new connections, or under a compliance order for treatment issues, may not be compelled to provide water or sewer service for an accessory dwelling unit.
69.05.4.2 Building Site. The accessory dwelling unit shall be on the same lot as the proposed or existing primary residence. Accessory dwelling units must meet local building code requirements that apply to detached dwellings, as appropriate. In areas zoned TPZ, TC, or AE, the curtilage area for residences, ADUs, associated residential structures, driveways, utilities, and fire safety setbacks shall not exceed two (2) acres per parcel, or fifty percent (50%) of total acreage, whichever is smaller. Residences, ADUs, associated residential structures, driveways, and utilities shall be sited so as to minimize impacts to agriculturally related activities. ADUs are prohibited on prime soils on agricultural lands. Accessory dwelling units on timber lands shall not result in conversion to units of noncommercial size. All new detached accessory dwellings on agricultural land and timberlands shall be clustered with other existing structures to the maximum extent feasible.
69.05.4.3 Total Floor Area. The total floor area of a detached ADU shall not exceed one thousand two hundred (1,200) square feet. If there is an existing primary residence, the total area of floor space of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the area of the existing primary residence or one thousand two hundred (1,200) square feet. The minimum floor area shall be one hundred fifty (150) square feet. Floor area includes all enclosed habitable living space but excludes sheds, garages and storage areas.
xisting primary residence, the total area of floor space of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the area of the existing primary residence or one thousand two hundred (1,200) square feet. The minimum floor area shall be one hundred fifty (150) square feet. Floor area includes all enclosed habitable living space but excludes sheds, garages and storage areas.
69.05.4.4 Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
69.05.4.5 Setbacks. No setback shall be required for an ADU or a portion of an ADU, converted from an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure. A setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
69.05.4.6 Parking. Each ADU requires one (1) parking space. These spaces may be provided in tandem on a driveway. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
69.05.4.6.1 Exceptions to Parking Standards. Parking standards for an ADU or JADU shall not apply if the ADU or JADU is (1) located within one-half (1/2) mile walking distance of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the
accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.
69.05.4.7 No Frontage Improvements. No frontage improvements shall be required for ADUs.
69.05.4.8 Services. The applicant shall provide evidence of adequate services to serve the accessory dwelling unit including water supply and sewage disposal.
69.05.4.9 Public Access. Accessory dwelling units shall not obstruct public access to and along the coast or public trails and shall conform to the Public Access Policies and Standards of the applicable Coastal Plan.
69.05.4.10 Visual Resources. Accessory dwelling units shall not significantly obstruct public views from any public road, trail, or public recreation area to and along the coast, and shall conform to the Visual Resource Protection Policies and Standards of the applicable Coastal Plan.
69.05.4.11 Environmentally Sensitive Habitat Areas and Wetlands. All development associated with accessory dwelling units shall conform to the Natural Resources Protection Policies and Standards of the applicable Coastal Plan.
69.05.4.12 Agricultural Lands. All development associated with accessory dwelling units shall be prohibited on prime agricultural soils and, where there are no prime soils, be sited so as to minimize impacts to the use of land for agriculturally related activities. All new detached accessory dwelling units shall be clustered with other existing structures to the maximum extent feasible.
69.05.4.13 Timberlands. All development associated with accessory dwelling units shall be sited so as to minimize impacts to timber related activities. All new detached accessory dwelling units shall be clustered with other existing structures to the maximum extent feasible.
69.05.4.14 Accessory Dwelling Units on Lots with Nonconforming Use or Structure. Accessory dwelling units may be approved on lots with nonconforming uses, structures, or support facilities; provided, that no greater degree of nonconformity is created and the ADU complies with all ESHA protection policies.
69.05.5 Moveable Tiny House as an ADU. In addition to the other provisions of this section, movable tiny houses as defined in Section 313-148 used as ADUs shall comply with all of the following provisions:
69.05.5.1 Skirting. The undercarriage (wheels, axles, tongue and hitch) must be hidden from view.
69.05.5.2 Foundation or Pad. ¶
69.05.5.2.1 Foundation. If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a movable tiny house shall follow the State-approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
69.05.5.2.2 Paved or Alternate Pad. If the wheels are not removed, the parking area shall include bumper guards, curbs, or other installations adequate to prevent movement of the unit. The wheels and leveling or support jacks must sit on a paving surface compliant with either of the following:
69.05.5.2.2.1 Paving. A parking area for a moveable tiny house on wheels shall be paved with hard, durable asphaltic paving that has been mixed at a plant and is at least two (2) inches thick after compaction, with Portland cement paving at least three (3) inches thick, or an alternative as described in subsection 313-69.05.5.2.2.2.
69.05.5.2.2.2 Alternative Paving Materials. An alternative paving material is one (1) of the following: porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, decomposed granite, crushed rock, gravel, and restrained systems (a plastic or concrete grid system confined on all sides to restrict lateral movement, and filled with gravel or grass in the voids). Alternative paving materials are permitted subject to all the following requirements:
69.05.5.2.2.2.1Permeable interlocking concrete pavers and permeable pavers shall have a minimum thickness of eighty (80) mm (3.14 inches).
69.05.5.2.2.2.2Products and underlying drainage material shall be installed to meet manufacturers’ specifications. Sub-grade soils shall be compacted as required to meet the product installation specifications.
69.05.5.3 Mechanical Equipment. Mechanical equipment shall be incorporated into the structure and not located on the roof.
69.05.5.4 Sprinklers. Movable tiny houses are not required to have sprinklers, but shall follow the ANSI 119.5 standards relating to health, fire and life-safety.
69.05.5.5 Applicable Codes. Moveable tiny houses shall meet either the provisions of ANSI 119.5 or NFPA 1192 standards, or the provisions of the California Building Code, including 2019 CA Residential Code Appendix Q Tiny Houses or other adopted alternatives, or both.
69.05.5.6 Design Standards. Movable tiny houses must comply with all requirements for detached ADUs and shall have the following design elements:
69.05.5.6.1Materials used as exterior wall covering shall be natural or man-made, non-reflective materials; and no more than ten percent (10%) of the exterior may be reflective in nature;
69.05.5.6.2Windows shall be at least double pane glass and labelled for building use, and shall include exterior trim;
69.05.5.6.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area;
69.05.5.6.4The unit shall be plumbed to allow connection to an approved means of sewage disposal, septic system, or waterless toilet. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
69.05.5.6.5A moveable tiny house need not be connected to a source of electrical power, but if it is, the installation shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations.
69.05.6 ADU Special Permit Area. ¶
69.05.5.6.1 Locations with Potential Safety or Coastal Resource Impacts. Lots located in the ADU Special Permit Area are presumed to have certain water and sewer service limitations, adverse impacts on traffic flow, public safety conditions, and/or potentially raise coastal resource issues that may preclude construction of an ADU or JADU or which may require certain mitigation measures. An ADU or JADU may be prohibited or may require a special permit (or associated discretionary coastal development permit) if any of these conditions are present:
69.05.6.1.1Areas outside a Fire Protection District;
69.05.6.1.2Airport incompatibility. A special permit may not be issued if the ADU exceeds the density limit in an airport zone;
69.05.6.1.3Areas of active or historic landslides; areas of potential liquefaction; or areas along a bluff or cliff where the proposed ADU is within the “area of demonstration of stability” as defined in the relevant Local Coastal Program.
69.05.6.1.4Flood and tsunami hazards, including areas subject to future sea level rise (SLR) with a seventy-five (75) year design life horizon as determined by the Planning Director based on the best available science consistent with the California Coastal Commission’s adopted 2018 SLR Policy Guidance (and any subsequent updates);
69.05.6.1.5Proximity within one thousand (1,000) feet of a toxic cleanup site as designated by California Department of Toxic Substances;
69.05.6.1.6Areas outside of water and sewer service area where there is a necessity to expand service or construct water wells or septic systems to serve the ADU or JADU;
69.05.6.1.7Parcels within Special Combining Zones that protect coastal resources, as mapped on the County’s GIS, including A: Archaeological Resource Area and Special Archaeological Resource Area for Shelter Cove; B: Beach and Dune areas; C: Coastal Resource Dependent; D: Design Review; E: Coastal Elk Habitat; R: Streams and Riparian Corridors; T: Transitional Agricultural Lands; and W: Coastal Wetland Areas Combining Zones.
69.05.6.2 Required Findings for Permits. ¶
69.05.6.2.1On a parcel within a mapped ADU Special Permit Area due to one (1) or more of the conditions in subsection 313-69.05.6.1, an ADU or JADU may be allowed with a special permit/CDP only if (1) evidence shows that the health and safety conditions for which it was included do not apply to that site, or can be adequately mitigated, and (2) the ADU or JADU can be developed consistent with all other applicable provisions of the Local Coastal Plan.
69.05.6.2.2When an ADU or JADU does not meet the criteria of subsection 313-69.05.4.6, an ADU or JADU may be allowed with a special permit only if (1) the ADU or JADU is consistent with all other applicable provisions of this chapter, and (2) the ADU or JADU can be developed consistent with all other applicable provisions of the Local Coastal Plan.
69.05.6.3 Hazardous Disclosure Requirements. Where an ADU or JADU would be located in an area listed in subsection 31369.05.6.1.3 or in an area of future sea level rise (with a seventy-five (75) year horizon) as determined by the Planning Director pursuant to subsection 313-69.05.6.1.4, the record owner of the ADU or JADU shall be required to acknowledge and agree, and property owners, except public agencies, must also record a deed restriction against the property on which the ADU is located to acknowledge and agree: (1) that the ADU or JADU is located in a hazardous area, or an area that may become hazardous in the future; (2) to assume the risks of injury and damage from such hazards in connection with the permitted development; (3) that they have no rights under Coastal Act Section 30235 and related LCP policies to shoreline armoring in the future; (4) that sea level rise and related coastal hazards could render it difficult or impossible to provide services to the site (e.g., maintenance of roadways, utilities, sewage or water systems), thereby constraining allowed uses of the site or rendering it uninhabitable; and (5) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe or if removal is required pursuant to other applicable provisions of the Local Coastal Plan. The record owner of the ADU or JADU shall also provide notice to all occupants of the ADU or JADU of these specified acknowledgments.
69.05.7 Delayed Enforcement of Building Code Violations. Any owner of an existing ADU built before the effective date of the ordinance codified in this section, who receives notice of a building code violation, may request a delay in enforcement for five (5) years. The Chief Building Official must grant the delay if the correction is not required to protect health and safety.
69.1 ACCESSORY STRUCTURES ¶
- (See also, Section 313 43.1, Accessory Uses.)
69.1.1 Purpose. The purpose of these provisions is to specify the buildings that are permitted as accessory to the permitted buildings in the principal zones, and to establish the regulations that apply to the permitted accessory buildings. (Former Section CZ#A314-2(A)); Ord. 1623, Sec. 1, 12/13/83; amended by Ord. 1726, Sec. 1, 3/4/86)
69.1.2 Permitted Accessory Structures in All Zones. The following accessory structures shall be permitted in all zones, except as otherwise stated, and shall be subject to the standards set forth in this Code: (Former Section CZ#A314-2(D))
69.1.2.1Off-street parking areas and parking structures for use by persons living, conducting business, or visiting the premises; (Former Section CZ#A314-2(D)(1))
69.1.2.2Structures housing equipment and materials used exclusively on the premises; (Former Section CZ#A314-2(D)(2))
69.1.2.3Structures for the conduct of recreational activities for use by persons living on the premises; (Former Section CZ#A314-2(D) (3))
69.1.2.4Temporary accessory structures as permitted by the Temporary Use regulations in this Code. (Former Section CZ#A314-2(D) (7))
69.1.3 Permitted Residential Accessory Structures. The following accessory structures shall be permitted in residential zones: (Former Section CZ#A314-2(E))
69.1.3.1Detached Accessory Buildings; (Former Section CZ#A314-2(E)(3))
69.1.3.2Children’s Playhouses; (Former Section CZ#A314-2(E)(4))
69.1.3.3Radio and Television Receiving Antennas; (Former Section CZ#A314-2(E)(5))
69.1.3.4Swimming Pools; (Former Section CZ#A314-2(E)(6))
(Note: The following subsection, “Accessory Small Hydroelectric Generating Facilities,” has been removed from Chapter 3 because these generating facilities are not permitted as an accessory use in the Coastal Zone.)
69.1.4 Special Permit Requirements for Accessory Detached Buildings in Residential Zones. A Special Permit must be secured to allow for the following accessory buildings in RS, R2 and RM Zones: (Former Section CZ#A314-2(F))
69.1.4.1The construction of any accessory building, on any lot where a principal permitted use is not present; (Former Section CZ#A314-2(F)(1))
69.1.4.2Detached accessory buildings that exceed fifteen (15) feet in height or one thousand (1,000) square feet of gross floor area. (Former Section CZ#A314-2(F)(2))
69.1.5 Permitted Agricultural Accessory Structures. The following accessory structures shall be permitted in the (AE) Agricultural Exclusive, (TC) Commercial Timberland, (TPZ) Timber Production, and (RA) Rural Residential Agricultural Zones: (Former Section CZ#A314-2(G))
69.1.5.1Windmills, not including windmills that produce energy for export off of the property; (Former Section CZ#A314-2(G)(1))
69.1.5.2Greenhouses, except that greenhouses with concrete slab floors shall not be located on prime agricultural soil. Concrete, asphalt, and similarly constructed footpaths within a greenhouse may be permitted on prime agricultural soils with a Special Permit; (Former Section CZ#A314-2(G)(2))
69.1.5.3Silos; (Former Section CZ#A314-2(G)(3))
69.1.5.4Tank Houses; (Former Section CZ#A314-2(G)(4))
69.1.5.5Barns and outbuildings; (Former Section CZ#A314-2(G)(5))
69.1.5.6Coops; (Former Section CZ#A314-2(G)(6)
69.1.5.7Drainage facilities and structures. (Note: in the Coastal Zone these facilities and structures are subject to the following Combining Zone regulations, as applicable, and to Chapter 2, Procedures: R - Streams and Riparian Corridors Protection (Section 31333.1); T - Transitional Agricultural Lands (Section 313 35.1); and Coastal Wetland Areas (Section 313 38.1). (Former Section CZ#A3142(G)(7))
69.1.5.8 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of two hundred (200) square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way. Roadside sales of agriculture products shall not be allowed on RA zoned parcels. (See also, Section 313-43.1, Accessory Uses.) (Former Section CZ#A314-2(G)(8))
69.1.5.9 Other Necessary and Customary Structures. Accessory structures in addition to those identified in Section 69.1.5, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity, as determined by the Director. (Former Section CZ#A314-2(G)(10))
69.1.6 Special Setback Requirements for Permitted, Detached Accessory Buildings and Structures. Detached accessory buildings and structures shall, in addition to conforming with all required yard setbacks, be setback at least six (6) feet from any other buildings or structures located on the same building site. (Former Section CZ#A314-2(J)) (Ord. 2717, § 4, 6/27/2023) Your Selections
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71.1 COUNTY HISTORIC STRUCTURES ¶
71.1.1 Purpose. The purpose of these regulations is to provide procedures for the designation of County historical structures and the preservation of designated County historical structures. (Former Section CZ#A314-35(A))
71.1.2 Designation of County Historical Structures. The Board of Supervisors may, by resolution, designate any structure within the unincorporated areas of the County to be a County historical structure. In making this designation, the Board of Supervisors shall review the significance of the structure in the context of Humboldt County history. (Former Section CZ#A314-35(B))
71.1.3 Demolition or Exterior Alteration of Designated County Historical Structures. No designated County historical structure shall be demolished, altered, improved, or otherwise changed in exterior appearance except as hereinafter provided: (Former Section CZ#A314-35(C))
71.1.3.1Normal repair and maintenance of a County historical structure shall be allowed without first securing Design Review approval. (Former Section CZ#A314-35(C)(1))
71.1.3.2Exterior alterations of County historic structures shall be limited to necessary repairs and shall be subject to Design Review. (Former Section CZ#A314-35(C)(2))
71.1.3.3Within the sixty (60) day period, the Board of Supervisors shall determine whether any Federal, State, or local agencies or organizations can acquire the structures and site, or make other suitable arrangements with the owner which would protect the historical significance of the structure. (Former Section CZ#A314-35(C)(3))
71.1.4 Exceptions to Minimum Parcel Size. An exception to the minimum parcel size may be made for the purposes of historic preservation for County designated historical structures, or for buildings listed on the State or Federal Historic Register where: (Former Section CZ#A314-35(D))
71.1.4.1It will not adversely impact the viability of continued agricultural operations; (Former Section CZ#A314-35(D)(1))
71.1.4.2No additional building sites beyond what would be permitted as part of the existing agricultural operations are created. (Former Section CZ#A314-35(D)(2))
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71.1 COUNTY HISTORIC STRUCTURES ¶
71.1.1 Purpose. The purpose of these regulations is to provide procedures for the designation of County historical structures and the preservation of designated County historical structures. (Former Section CZ#A314-35(A))
71.1.2 Designation of County Historical Structures. The Board of Supervisors may, by resolution, designate any structure within the unincorporated areas of the County to be a County historical structure. In making this designation, the Board of Supervisors shall review the significance of the structure in the context of Humboldt County history. (Former Section CZ#A314-35(B))
71.1.3 Demolition or Exterior Alteration of Designated County Historical Structures. No designated County historical structure shall be demolished, altered, improved, or otherwise changed in exterior appearance except as hereinafter provided: (Former Section CZ#A314-35(C))
71.1.3.1Normal repair and maintenance of a County historical structure shall be allowed without first securing Design Review approval. (Former Section CZ#A314-35(C)(1))
71.1.3.2Exterior alterations of County historic structures shall be limited to necessary repairs and shall be subject to Design Review. (Former Section CZ#A314-35(C)(2))
71.1.3.3Within the sixty (60) day period, the Board of Supervisors shall determine whether any Federal, State, or local agencies or organizations can acquire the structures and site, or make other suitable arrangements with the owner which would protect the historical significance of the structure. (Former Section CZ#A314-35(C)(3))
71.1.4 Exceptions to Minimum Parcel Size. An exception to the minimum parcel size may be made for the purposes of historic preservation for County designated historical structures, or for buildings listed on the State or Federal Historic Register where: (Former Section CZ#A314-35(D))
71.1.4.1It will not adversely impact the viability of continued agricultural operations; (Former Section CZ#A314-35(D)(1))
71.1.4.2No additional building sites beyond what would be permitted as part of the existing agricultural operations are created. (Former Section CZ#A314-35(D)(2))
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73.1 ELECTRICAL TRANSMISSION LINES, MAJOR ¶
73.1.1 Purpose. The purpose of these regulations is to ensure that major electrical transmission and distribution facilities are located, designed and constructed in a manner which is least environmentally damaging to natural resources and minimizes degradation of coastal scenic resources. (Former Section CZ#A314-14(A))
73.1.2 Applicability. These regulations shall apply throughout the Coastal Zone, in any zone in which the Major Electrical Transmission Lines use type is permitted. Placement in service or the replacement of any necessary utility connection between an existing service facility and any development are exempt from these regulations. (Former Section CZ#A314-14(B))
73.1.3 Required Mitigation. The following mitigation measures shall be included in the siting and installation of major electrical transmission lines: (Former Section CZ#A314-14(C))
73.1.3.1Scarring, grading or other vegetative removal shall be minimized; disturbed areas shall be revegetated with plants similar to those in the area; (Former Section CZ#A314-14(C)(1))
73.1.3.2Where above-ground transmission line placement will unavoidably affect views, transmission lines will be underground where it is technically and economically feasible, except where it has been shown that other alternatives are less environmentally damaging; (Former Section CZ#A314-14(C)(2))
73.1.3.3Where above-ground facilities are necessary, design of the support towers shall be compatible with the surroundings to the extent safety and economic considerations allow; (Former Section CZ#A314-14(C)(3))
73.1.3.4Transmission lines shall be routed to avoid the crests of roadways to minimize their visibility on distant views. Where visual impacts will be minimized, lines shall cross roadways at downhill low elevation sites or curves in the road, wherever feasible; (Former Section CZ#A314-14(C)(4))
73.1.3.5New major steel tower electrical transmission facilities shall be sited in the same utility corridor with existing electrical steel tower transmission facilities, except where there are social, aesthetic or significant economic concerns which make such routing inappropriate; (Former Section CZ#A314-14(C)(5))
73.1.3.6Existing right-of-way shall be utilized for other related utilities, in order to provide consolidated corridors, wherever such consolidation is compatible and feasible; (Former Section CZ#A314-14(C)(6))
73.1.3.7Access and construction roads shall be located to minimize landform alternations. Road grades and alignments shall follow the contour of the land with smooth, gradual curves, wherever possible. (Former Section CZ#A314-14(C)(7))
73.1.4 Findings Required. Major electrical transmission lines shall be approved only if the applicable Civic Development Impact Findings are made. (Former Section CZ#A314-14(D))
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73.1 ELECTRICAL TRANSMISSION LINES, MAJOR ¶
73.1.1 Purpose. The purpose of these regulations is to ensure that major electrical transmission and distribution facilities are located, designed and constructed in a manner which is least environmentally damaging to natural resources and minimizes degradation of coastal scenic resources. (Former Section CZ#A314-14(A))
73.1.2 Applicability. These regulations shall apply throughout the Coastal Zone, in any zone in which the Major Electrical Transmission Lines use type is permitted. Placement in service or the replacement of any necessary utility connection between an existing service facility and any development are exempt from these regulations. (Former Section CZ#A314-14(B))
73.1.3 Required Mitigation. The following mitigation measures shall be included in the siting and installation of major electrical transmission lines: (Former Section CZ#A314-14(C))
73.1.3.1Scarring, grading or other vegetative removal shall be minimized; disturbed areas shall be revegetated with plants similar to those in the area; (Former Section CZ#A314-14(C)(1))
73.1.3.2Where above-ground transmission line placement will unavoidably affect views, transmission lines will be underground where it is technically and economically feasible, except where it has been shown that other alternatives are less environmentally damaging; (Former Section CZ#A314-14(C)(2))
73.1.3.3Where above-ground facilities are necessary, design of the support towers shall be compatible with the surroundings to the extent safety and economic considerations allow; (Former Section CZ#A314-14(C)(3))
73.1.3.4Transmission lines shall be routed to avoid the crests of roadways to minimize their visibility on distant views. Where visual impacts will be minimized, lines shall cross roadways at downhill low elevation sites or curves in the road, wherever feasible; (Former Section CZ#A314-14(C)(4))
73.1.3.5New major steel tower electrical transmission facilities shall be sited in the same utility corridor with existing electrical steel tower transmission facilities, except where there are social, aesthetic or significant economic concerns which make such routing inappropriate; (Former Section CZ#A314-14(C)(5))
73.1.3.6Existing right-of-way shall be utilized for other related utilities, in order to provide consolidated corridors, wherever such consolidation is compatible and feasible; (Former Section CZ#A314-14(C)(6))
73.1.3.7Access and construction roads shall be located to minimize landform alternations. Road grades and alignments shall follow the contour of the land with smooth, gradual curves, wherever possible. (Former Section CZ#A314-14(C)(7))
73.1.4 Findings Required. Major electrical transmission lines shall be approved only if the applicable Civic Development Impact Findings are made. (Former Section CZ#A314-14(D))
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74.1 FENCES ¶
74.1.1Solid fences in Residential Single Family (RS) and Mixed Residential (R2) Zones shall be a maximum of three (3) feet in height for any portion of the fence located within the front yard setback. Open fences in Residential Single Family (RS) and Mixed Residential (R2) Zones shall be a maximum of seven (7) feet in height for any portion of the fence located within the front yard setback.
74.1.2Open fences must be at least seventy percent (70%) open to the passage of light and air. Chain link and other woven wire fencing smaller than six (6) gauge shall not be used in the front yard setback. (Ord. 2749, § 2, 10/1/2024)
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74.1 FENCES ¶
74.1.1Solid fences in Residential Single Family (RS) and Mixed Residential (R2) Zones shall be a maximum of three (3) feet in height for any portion of the fence located within the front yard setback. Open fences in Residential Single Family (RS) and Mixed Residential (R2) Zones shall be a maximum of seven (7) feet in height for any portion of the fence located within the front yard setback.
74.1.2Open fences must be at least seventy percent (70%) open to the passage of light and air. Chain link and other woven wire fencing smaller than six (6) gauge shall not be used in the front yard setback. (Ord. 2749, § 2, 10/1/2024)
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83.1 OIL AND GAS PIPELINES ¶
83.1.1 Purpose. The purpose of these regulations is to ensure that new oil and gas pipelines shall be sited in the least environmentally damaging manner, and to provide for public review of proposed oil and gas pipelines and associated development. (Former Section CZ#A314-28(A))
83.1.2 Applicability. These regulations shall apply in all zones in which the Oil and Gas Pipelines use type is permitted. The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development are exempt from these regulations. (Former Section CZ#A314-28(B))
83.1.3 Required Mitigation. All oil and gas pipeline development shall incorporate, at a minimum, the following mitigation measures: (Former Section CZ#A314-28(C))
83.1.3.1All rights-of-way will be regraded and revegetated to their original state; (Former Section CZ#A314-28(C)(1))
83.1.3.2Any degraded habitat along the right-of-way which has been recommended for restoration by a responsible agency, will be so restored, except where the lead agency indicates it would be more appropriate to do otherwise; (Former Section CZ#A314-28(C)(2))
83.1.3.3All compressor, metering and odorizing stations will be visually and acoustically buffered with vegetation and other means as necessary; and (Former Section CZ#A314-28(C)(3))
83.1.3.4Where liquid-carrying pipelines are to pass through important coastal resource areas, including recreation, habitat, archaeological and geologically unstable areas, segments will be isolated by automatic shutoff valves. (The County may determine whether spacing of automatic shutoff valves at intervals less than the maximum set by the Department of Transportation is required to protect sensitive coastal resources.) (Former Section CZ#A314-28(C)(4))
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83.1 OIL AND GAS PIPELINES ¶
83.1.1 Purpose. The purpose of these regulations is to ensure that new oil and gas pipelines shall be sited in the least environmentally damaging manner, and to provide for public review of proposed oil and gas pipelines and associated development. (Former Section CZ#A314-28(A))
83.1.2 Applicability. These regulations shall apply in all zones in which the Oil and Gas Pipelines use type is permitted. The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development are exempt from these regulations. (Former Section CZ#A314-28(B))
83.1.3 Required Mitigation. All oil and gas pipeline development shall incorporate, at a minimum, the following mitigation measures: (Former Section CZ#A314-28(C))
83.1.3.1All rights-of-way will be regraded and revegetated to their original state; (Former Section CZ#A314-28(C)(1))
83.1.3.2Any degraded habitat along the right-of-way which has been recommended for restoration by a responsible agency, will be so restored, except where the lead agency indicates it would be more appropriate to do otherwise; (Former Section CZ#A314-28(C)(2))
83.1.3.3All compressor, metering and odorizing stations will be visually and acoustically buffered with vegetation and other means as necessary; and (Former Section CZ#A314-28(C)(3))
83.1.3.4Where liquid-carrying pipelines are to pass through important coastal resource areas, including recreation, habitat, archaeological and geologically unstable areas, segments will be isolated by automatic shutoff valves. (The County may determine whether spacing of automatic shutoff valves at intervals less than the maximum set by the Department of Transportation is required to protect sensitive coastal resources.) (Former Section CZ#A314-28(C)(4))
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87.1 REPEALED BY ORD. 2717 ¶
87.2 SHORELINE PROTECTION STRUCTURES ¶
87.2.1 Purpose. The purpose of these regulations is to provide for the construction of shoreline protection structures consistent with the maintenance of adjacent shoreline areas and with maintenance of off-shore sand transport. (Former Section CZ#A314-32(A))
87.2.2 Applicability. The Shoreline Protection Structures Regulations shall apply to development proposing shoreline protection structures. (Former Section CZ#A314-32(B))
87.2.3 Limitations. Shoreline protection structures, including revetments, breakwater bulkheads, graving yards, groins, seawalls, and other such construction, that alter natural shoreline processes may only be permitted as follows: (Former Section CZ#A314-32(C))
87.2.3.1To protect existing principal structures or public facilities in areas subject to damage from wave action where relocation of the structures is not feasible; (Former Section CZ#A314-32(C)(1))
87.2.3.2When required to serve coastal-dependent uses; (Former Section CZ#A314-32(C)(2))
87.2.3.3To reconstruct existing bulkheads; (Former Section CZ#A314-32(C)(3))
87.2.3.4In areas planned exclusive agriculture, to protect existing dikes, consistent with the regulations on modification and repair of dikes in Transitional Agricultural Lands. (Former Section CZ#A314-32(C)(4))
87.2.4 Comprehensive Study Required. Permanent shoreline structures, other than revetment of existing dikes, shall be permitted only when based on a comprehensive study of area wide shoreline processes which study assesses long-term effects of the structures on sand transport, down drift beaches, circulation patterns and flow rates, including effects such as erosion, shoaling, or reflection of wave energy on adjacent shorelines. Projects other than placement of revetment on existing dikes, must be designed by a Registered Civil Engineer with expertise in shoreline processes. (Former Section CZ#A314-32(D))
87.2.5 Consultation with Department of Boating and Waterways. The County shall request the Department of Boating and Waterways to review plans for construction of shoreline protective structures. The Department may recommend measures to mitigate adverse effects on shoreline processes. (Former Section CZ#A314-32(E))
87.2.6 Required Findings. Shoreline protection structures shall be permitted only if the applicable Public Safety Impact Findings in Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-32(F))
87.2.7 Required Mitigation. Shoreline protection structures shall be constructed such that adverse impacts on shoreline sand supply and public access have been eliminated or minimized by the project’s design or through other mitigation measures such as providing alternate access. (Former Section CZ#A314-32(G))
87.2.8 Temporary Shoreline Structures. Consistent with the Emergency Provisions in Chapter 2, Procedures, temporary shoreline structures may be permitted in emergencies as determined by the Director, provided that any such temporary structure is either: (Former Section CZ#A314-32(H))
87.2.8.1Removed; (Former Section CZ#A314-32(H)(1))
87.2.8.2Incorporated into a permanent structure; or (Former Section CZ#A314-32(H)(2))
87.2.8.3Removed upon construction of a permanent structure. (Former Section CZ#A314-32(H)(3))
87.3 SIGNS AND NAMEPLATES ¶
87.3.1 Purpose and Applicability. The purpose of these regulations is to ensure: (1) that signs within Humboldt County will not impair the public health, safety, and welfare by being excessively intrusive, and, (2) that any permitted signs will maintain visual quality and will be compatible with nearby development. These regulations shall apply to the placement of any sign within the unincorporated area of Humboldt County. (Former Section CZ#A314-33(A))
87.3.2 Permitted Signs. Signs may be permitted in conformity with the following regulations: (Former Section CZ#A314-33(B))
87.3.2.1 Nameplates. ¶
87.3.2.1.1Shall be limited to a statement of the name, address and location of the occupant. (Former Section CZ#A314-33(B)(1))
87.3.2.1.2One (1) nameplate, not illuminated and not exceeding two(2) square feet, appurtenant to any permitted use, shall be permitted in any residential zone. (Former Section CZ#A314-33(B)(1))
87.3.2.1.3One (1) nameplate, not illuminated and not exceeding twenty (20) square feet, appurtenant to any permitted use, shall be permitted only in AE, TPZ and TC Zones. (Former Section CZ#A314-33(B)(1))
87.3.2.2 Property Sale Signs. ¶
87.3.2.2.1Two (2) signs, not illuminated, to advertise the sale of property on which it is displayed, and not exceeding six (6) square feet each, shall be permitted in any zone. Two (2) such signs, not exceeding fifteen (15) square feet, shall be permitted in any Commercial Zone. Two (2) such signs, not exceeding twenty (20) square feet, shall be permitted in any Industrial Zone. The Director may approve a Special Permit for additional signs if the applicant demonstrates a need, based upon site-specific physical conditions. (Former Section CZ#A314-33(B)(2)(a))
87.3.2.2.2Signs, not illuminated and not exceeding one hundred (100) square feet in the aggregate, to advertise the sale of lots in the subdivision in which they are displayed shall be permitted with a Use Permit in any zone. (Former Section CZ#A314-33(B)(2)(b))
87.3.2.3 Appurtenant Signs. Signs appurtenant to any permitted use which are not illuminated, are not over seventy-five (75) square feet in the aggregate, and not divided into more than three (3) single-faced or double-faced signs shall be permitted with a Use Permit in any zone except Residential Zones, in which such signs are not permitted. (Former Section CZ#A314-33(B)(3))
87.3.2.4 Signs in Commercial or Industrial Zones. ¶
87.3.2.4.1Signs, appurtenant to any permitted use, which do not exceed three (3) square feet per linear foot of the front lot line, shall be permitted in any commercial or industrial zone, subject to the limitations of this paragraph. Any lawfully existing lot shall be permitted to have a sign of at least fifty (50) square feet in size. The permitted sign(s) shall not exceed three hundred (300) square feet in the aggregate, and shall not be divided into more than six (6) single-faced or double-faced signs. (Former Section CZ#A314-33(B)(4) (a))
87.3.2.4.2Signs, whether appurtenant to a permitted use or not, and not limited as to size or number, may be permitted with a Special Permit in any commercial or industrial zone. (Former Section CZ#A314-33(B)(4)(b))
87.3.2.5 Directional Signs. ¶
87.3.2.5.1 Signs Permitted. Directional signs and/or guide signs may be located in any zone to indicate directions to public recreational areas, visitor serving facilities, and any other facilities for which the Director has determined that such a sign is necessary for the public convenience and/or safety. (Former Section CZ#A314-33(B)(5)(a))
87.3.2.5.2 Location. Signs shall be located only along arterial roadways and higher order streets. (Former Section CZ#A314-33(B)(5) (b))
87.3.2.5.3 Design Criteria. ¶
87.3.2.5.3.1Directional signs shall contain only the name of the use(s), a directional arrow or a directional statement, and the approximate distance to the use(s). (Former Section CZ#A314-33(B)(5)(c)(1))
87.3.2.5.3.2Where feasible, directional signs shall be designed to accommodate more than one use. (Former Section CZ#A314-33(B) (5)(c)(2))
87.3.2.5.3.3The display surface of any such sign shall not exceed twenty-four (24) by twenty-four (24) inches for each use, with a maximum aggregate area of display surface not to exceed one hundred (100) square feet. (Former Section CZ#A314-33(B)(5)(c)(3))
87.3.2.5.4 Permit Required. A Special Permit is required for placement of a directional sign in any zone. (Former Section CZ#A31433(B)(5)(d))
87.3.3 General Prohibitions on Signs. The following signs shall be prohibited in all zones except as provided in this Section. (Former Section CZ#A314-33(C))
87.3.3.1No sign shall endanger the public health and safety by causing distractions to operators of motor vehicles on public rights-ofway, such as may be caused by signs employing motion, sound, mechanical devices, blinkers, flashing lights, animation or unusual lighting. (Former Section CZ#A314-33(C)(1))
87.3.3.2No sign shall be erected adjacent to any right-of-way in such a manner as to obstruct free and clear vision of operators of motor vehicles, or at any locations where, by reason of position, shape or color, such sign may interfere with, obstruct the vision of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words “stop,” “danger,” or any other word, phrase, symbol, or character in such manner as to interfere with, mislead or confuse motor vehicle operators. (Former Section CZ#A314-33(C)(2))
87.3.3.3No red, green or amber lights or illuminated signs shall be placed in such a position that they could be confused with any authorized traffic sign, signal or device. (Former Section CZ#A314-33(C)(3))
87.3.3.4No sign shall be erected in such a manner as to obstruct free and clear vision of pedestrian traffic on rights-of-way or to otherwise endanger pedestrians. (Former Section CZ#A314-33(C)(4)) (Ord. 2167, § 30, 4/7/1998; Ord. 2717, § 4, 6/27/2023) Your Selections
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87.1 REPEALED BY ORD. 2717 ¶
87.2 SHORELINE PROTECTION STRUCTURES ¶
87.2.1 Purpose. The purpose of these regulations is to provide for the construction of shoreline protection structures consistent with the maintenance of adjacent shoreline areas and with maintenance of off-shore sand transport. (Former Section CZ#A314-32(A))
87.2.2 Applicability. The Shoreline Protection Structures Regulations shall apply to development proposing shoreline protection structures. (Former Section CZ#A314-32(B))
87.2.3 Limitations. Shoreline protection structures, including revetments, breakwater bulkheads, graving yards, groins, seawalls, and other such construction, that alter natural shoreline processes may only be permitted as follows: (Former Section CZ#A314-32(C))
87.2.3.1To protect existing principal structures or public facilities in areas subject to damage from wave action where relocation of the structures is not feasible; (Former Section CZ#A314-32(C)(1))
87.2.3.2When required to serve coastal-dependent uses; (Former Section CZ#A314-32(C)(2))
87.2.3.3To reconstruct existing bulkheads; (Former Section CZ#A314-32(C)(3))
87.2.3.4In areas planned exclusive agriculture, to protect existing dikes, consistent with the regulations on modification and repair of dikes in Transitional Agricultural Lands. (Former Section CZ#A314-32(C)(4))
87.2.4 Comprehensive Study Required. Permanent shoreline structures, other than revetment of existing dikes, shall be permitted only when based on a comprehensive study of area wide shoreline processes which study assesses long-term effects of the structures on sand transport, down drift beaches, circulation patterns and flow rates, including effects such as erosion, shoaling, or reflection of wave energy on adjacent shorelines. Projects other than placement of revetment on existing dikes, must be designed by a Registered Civil Engineer with expertise in shoreline processes. (Former Section CZ#A314-32(D))
87.2.5 Consultation with Department of Boating and Waterways. The County shall request the Department of Boating and Waterways to review plans for construction of shoreline protective structures. The Department may recommend measures to mitigate adverse effects on shoreline processes. (Former Section CZ#A314-32(E))
87.2.6 Required Findings. Shoreline protection structures shall be permitted only if the applicable Public Safety Impact Findings in Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-32(F))
87.2.7 Required Mitigation. Shoreline protection structures shall be constructed such that adverse impacts on shoreline sand supply and public access have been eliminated or minimized by the project’s design or through other mitigation measures such as providing alternate access. (Former Section CZ#A314-32(G))
87.2.8 Temporary Shoreline Structures. Consistent with the Emergency Provisions in Chapter 2, Procedures, temporary shoreline structures may be permitted in emergencies as determined by the Director, provided that any such temporary structure is either: (Former Section CZ#A314-32(H))
87.2.8.1Removed; (Former Section CZ#A314-32(H)(1))
87.2.8.2Incorporated into a permanent structure; or (Former Section CZ#A314-32(H)(2))
87.2.8.3Removed upon construction of a permanent structure. (Former Section CZ#A314-32(H)(3))
87.3 SIGNS AND NAMEPLATES ¶
87.3.1 Purpose and Applicability. The purpose of these regulations is to ensure: (1) that signs within Humboldt County will not impair the public health, safety, and welfare by being excessively intrusive, and, (2) that any permitted signs will maintain visual quality and will be compatible with nearby development. These regulations shall apply to the placement of any sign within the unincorporated area of Humboldt County. (Former Section CZ#A314-33(A))
87.3.2 Permitted Signs. Signs may be permitted in conformity with the following regulations: (Former Section CZ#A314-33(B))
87.3.2.1 Nameplates. ¶
87.3.2.1.1Shall be limited to a statement of the name, address and location of the occupant. (Former Section CZ#A314-33(B)(1))
87.3.2.1.2One (1) nameplate, not illuminated and not exceeding two(2) square feet, appurtenant to any permitted use, shall be permitted in any residential zone. (Former Section CZ#A314-33(B)(1))
87.3.2.1.3One (1) nameplate, not illuminated and not exceeding twenty (20) square feet, appurtenant to any permitted use, shall be permitted only in AE, TPZ and TC Zones. (Former Section CZ#A314-33(B)(1))
87.3.2.2 Property Sale Signs. ¶
87.3.2.2.1Two (2) signs, not illuminated, to advertise the sale of property on which it is displayed, and not exceeding six (6) square feet each, shall be permitted in any zone. Two (2) such signs, not exceeding fifteen (15) square feet, shall be permitted in any Commercial Zone. Two (2) such signs, not exceeding twenty (20) square feet, shall be permitted in any Industrial Zone. The Director may approve a Special Permit for additional signs if the applicant demonstrates a need, based upon site-specific physical conditions. (Former Section CZ#A314-33(B)(2)(a))
87.3.2.2.2Signs, not illuminated and not exceeding one hundred (100) square feet in the aggregate, to advertise the sale of lots in the subdivision in which they are displayed shall be permitted with a Use Permit in any zone. (Former Section CZ#A314-33(B)(2)(b))
87.3.2.3 Appurtenant Signs. Signs appurtenant to any permitted use which are not illuminated, are not over seventy-five (75) square feet in the aggregate, and not divided into more than three (3) single-faced or double-faced signs shall be permitted with a Use Permit in any zone except Residential Zones, in which such signs are not permitted. (Former Section CZ#A314-33(B)(3))
87.3.2.4 Signs in Commercial or Industrial Zones. ¶
87.3.2.4.1Signs, appurtenant to any permitted use, which do not exceed three (3) square feet per linear foot of the front lot line, shall be permitted in any commercial or industrial zone, subject to the limitations of this paragraph. Any lawfully existing lot shall be permitted to have a sign of at least fifty (50) square feet in size. The permitted sign(s) shall not exceed three hundred (300) square feet in the aggregate, and shall not be divided into more than six (6) single-faced or double-faced signs. (Former Section CZ#A314-33(B)(4) (a))
87.3.2.4.2Signs, whether appurtenant to a permitted use or not, and not limited as to size or number, may be permitted with a Special Permit in any commercial or industrial zone. (Former Section CZ#A314-33(B)(4)(b))
87.3.2.5 Directional Signs. ¶
87.3.2.5.1 Signs Permitted. Directional signs and/or guide signs may be located in any zone to indicate directions to public recreational areas, visitor serving facilities, and any other facilities for which the Director has determined that such a sign is necessary for the public convenience and/or safety. (Former Section CZ#A314-33(B)(5)(a))
87.3.2.5.2 Location. Signs shall be located only along arterial roadways and higher order streets. (Former Section CZ#A314-33(B)(5) (b))
87.3.2.5.3 Design Criteria. ¶
87.3.2.5.3.1Directional signs shall contain only the name of the use(s), a directional arrow or a directional statement, and the approximate distance to the use(s). (Former Section CZ#A314-33(B)(5)(c)(1))
87.3.2.5.3.2Where feasible, directional signs shall be designed to accommodate more than one use. (Former Section CZ#A314-33(B) (5)(c)(2))
87.3.2.5.3.3The display surface of any such sign shall not exceed twenty-four (24) by twenty-four (24) inches for each use, with a maximum aggregate area of display surface not to exceed one hundred (100) square feet. (Former Section CZ#A314-33(B)(5)(c)(3))
87.3.2.5.4 Permit Required. A Special Permit is required for placement of a directional sign in any zone. (Former Section CZ#A31433(B)(5)(d))
87.3.3 General Prohibitions on Signs. The following signs shall be prohibited in all zones except as provided in this Section. (Former Section CZ#A314-33(C))
87.3.3.1No sign shall endanger the public health and safety by causing distractions to operators of motor vehicles on public rights-ofway, such as may be caused by signs employing motion, sound, mechanical devices, blinkers, flashing lights, animation or unusual lighting. (Former Section CZ#A314-33(C)(1))
87.3.3.2No sign shall be erected adjacent to any right-of-way in such a manner as to obstruct free and clear vision of operators of motor vehicles, or at any locations where, by reason of position, shape or color, such sign may interfere with, obstruct the vision of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words “stop,” “danger,” or any other word, phrase, symbol, or character in such manner as to interfere with, mislead or confuse motor vehicle operators. (Former Section CZ#A314-33(C)(2))
87.3.3.3No red, green or amber lights or illuminated signs shall be placed in such a position that they could be confused with any authorized traffic sign, signal or device. (Former Section CZ#A314-33(C)(3))
87.3.3.4No sign shall be erected in such a manner as to obstruct free and clear vision of pedestrian traffic on rights-of-way or to otherwise endanger pedestrians. (Former Section CZ#A314-33(C)(4)) (Ord. 2167, § 30, 4/7/1998; Ord. 2717, § 4, 6/27/2023) Your Selections
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87.1 REPEALED BY ORD. 2717 ¶
87.2 SHORELINE PROTECTION STRUCTURES ¶
87.2.1 Purpose. The purpose of these regulations is to provide for the construction of shoreline protection structures consistent with the maintenance of adjacent shoreline areas and with maintenance of off-shore sand transport. (Former Section CZ#A314-32(A))
87.2.2 Applicability. The Shoreline Protection Structures Regulations shall apply to development proposing shoreline protection structures. (Former Section CZ#A314-32(B))
87.2.3 Limitations. Shoreline protection structures, including revetments, breakwater bulkheads, graving yards, groins, seawalls, and other such construction, that alter natural shoreline processes may only be permitted as follows: (Former Section CZ#A314-32(C))
87.2.3.1To protect existing principal structures or public facilities in areas subject to damage from wave action where relocation of the structures is not feasible; (Former Section CZ#A314-32(C)(1))
87.2.3.2When required to serve coastal-dependent uses; (Former Section CZ#A314-32(C)(2))
87.2.3.3To reconstruct existing bulkheads; (Former Section CZ#A314-32(C)(3))
87.2.3.4In areas planned exclusive agriculture, to protect existing dikes, consistent with the regulations on modification and repair of dikes in Transitional Agricultural Lands. (Former Section CZ#A314-32(C)(4))
87.2.4 Comprehensive Study Required. Permanent shoreline structures, other than revetment of existing dikes, shall be permitted only when based on a comprehensive study of area wide shoreline processes which study assesses long-term effects of the structures on sand transport, down drift beaches, circulation patterns and flow rates, including effects such as erosion, shoaling, or reflection of wave energy on adjacent shorelines. Projects other than placement of revetment on existing dikes, must be designed by a Registered Civil Engineer with expertise in shoreline processes. (Former Section CZ#A314-32(D))
87.2.5 Consultation with Department of Boating and Waterways. The County shall request the Department of Boating and Waterways to review plans for construction of shoreline protective structures. The Department may recommend measures to mitigate adverse effects on shoreline processes. (Former Section CZ#A314-32(E))
87.2.6 Required Findings. Shoreline protection structures shall be permitted only if the applicable Public Safety Impact Findings in Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-32(F))
87.2.7 Required Mitigation. Shoreline protection structures shall be constructed such that adverse impacts on shoreline sand supply and public access have been eliminated or minimized by the project’s design or through other mitigation measures such as providing alternate access. (Former Section CZ#A314-32(G))
87.2.8 Temporary Shoreline Structures. Consistent with the Emergency Provisions in Chapter 2, Procedures, temporary shoreline structures may be permitted in emergencies as determined by the Director, provided that any such temporary structure is either: (Former Section CZ#A314-32(H))
87.2.8.1Removed; (Former Section CZ#A314-32(H)(1))
87.2.8.2Incorporated into a permanent structure; or (Former Section CZ#A314-32(H)(2))
87.2.8.3Removed upon construction of a permanent structure. (Former Section CZ#A314-32(H)(3))
87.3 SIGNS AND NAMEPLATES ¶
87.3.1 Purpose and Applicability. The purpose of these regulations is to ensure: (1) that signs within Humboldt County will not impair the public health, safety, and welfare by being excessively intrusive, and, (2) that any permitted signs will maintain visual quality and will be compatible with nearby development. These regulations shall apply to the placement of any sign within the unincorporated area of Humboldt County. (Former Section CZ#A314-33(A))
87.3.2 Permitted Signs. Signs may be permitted in conformity with the following regulations: (Former Section CZ#A314-33(B))
87.3.2.1 Nameplates. ¶
87.3.2.1.1Shall be limited to a statement of the name, address and location of the occupant. (Former Section CZ#A314-33(B)(1))
87.3.2.1.2One (1) nameplate, not illuminated and not exceeding two(2) square feet, appurtenant to any permitted use, shall be permitted in any residential zone. (Former Section CZ#A314-33(B)(1))
87.3.2.1.3One (1) nameplate, not illuminated and not exceeding twenty (20) square feet, appurtenant to any permitted use, shall be permitted only in AE, TPZ and TC Zones. (Former Section CZ#A314-33(B)(1))
87.3.2.2 Property Sale Signs. ¶
87.3.2.2.1Two (2) signs, not illuminated, to advertise the sale of property on which it is displayed, and not exceeding six (6) square feet each, shall be permitted in any zone. Two (2) such signs, not exceeding fifteen (15) square feet, shall be permitted in any Commercial Zone. Two (2) such signs, not exceeding twenty (20) square feet, shall be permitted in any Industrial Zone. The Director may approve a Special Permit for additional signs if the applicant demonstrates a need, based upon site-specific physical conditions. (Former Section CZ#A314-33(B)(2)(a))
87.3.2.2.2Signs, not illuminated and not exceeding one hundred (100) square feet in the aggregate, to advertise the sale of lots in the subdivision in which they are displayed shall be permitted with a Use Permit in any zone. (Former Section CZ#A314-33(B)(2)(b))
87.3.2.3 Appurtenant Signs. Signs appurtenant to any permitted use which are not illuminated, are not over seventy-five (75) square feet in the aggregate, and not divided into more than three (3) single-faced or double-faced signs shall be permitted with a Use Permit in any zone except Residential Zones, in which such signs are not permitted. (Former Section CZ#A314-33(B)(3))
87.3.2.4 Signs in Commercial or Industrial Zones. ¶
87.3.2.4.1Signs, appurtenant to any permitted use, which do not exceed three (3) square feet per linear foot of the front lot line, shall be permitted in any commercial or industrial zone, subject to the limitations of this paragraph. Any lawfully existing lot shall be permitted to have a sign of at least fifty (50) square feet in size. The permitted sign(s) shall not exceed three hundred (300) square feet in the aggregate, and shall not be divided into more than six (6) single-faced or double-faced signs. (Former Section CZ#A314-33(B)(4) (a))
87.3.2.4.2Signs, whether appurtenant to a permitted use or not, and not limited as to size or number, may be permitted with a Special Permit in any commercial or industrial zone. (Former Section CZ#A314-33(B)(4)(b))
87.3.2.5 Directional Signs. ¶
87.3.2.5.1 Signs Permitted. Directional signs and/or guide signs may be located in any zone to indicate directions to public recreational areas, visitor serving facilities, and any other facilities for which the Director has determined that such a sign is necessary for the public convenience and/or safety. (Former Section CZ#A314-33(B)(5)(a))
87.3.2.5.2 Location. Signs shall be located only along arterial roadways and higher order streets. (Former Section CZ#A314-33(B)(5) (b))
87.3.2.5.3 Design Criteria. ¶
87.3.2.5.3.1Directional signs shall contain only the name of the use(s), a directional arrow or a directional statement, and the approximate distance to the use(s). (Former Section CZ#A314-33(B)(5)(c)(1))
87.3.2.5.3.2Where feasible, directional signs shall be designed to accommodate more than one use. (Former Section CZ#A314-33(B) (5)(c)(2))
87.3.2.5.3.3The display surface of any such sign shall not exceed twenty-four (24) by twenty-four (24) inches for each use, with a maximum aggregate area of display surface not to exceed one hundred (100) square feet. (Former Section CZ#A314-33(B)(5)(c)(3))
87.3.2.5.4 Permit Required. A Special Permit is required for placement of a directional sign in any zone. (Former Section CZ#A31433(B)(5)(d))
87.3.3 General Prohibitions on Signs. The following signs shall be prohibited in all zones except as provided in this Section. (Former Section CZ#A314-33(C))
87.3.3.1No sign shall endanger the public health and safety by causing distractions to operators of motor vehicles on public rights-ofway, such as may be caused by signs employing motion, sound, mechanical devices, blinkers, flashing lights, animation or unusual lighting. (Former Section CZ#A314-33(C)(1))
87.3.3.2No sign shall be erected adjacent to any right-of-way in such a manner as to obstruct free and clear vision of operators of motor vehicles, or at any locations where, by reason of position, shape or color, such sign may interfere with, obstruct the vision of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words “stop,” “danger,” or any other word, phrase, symbol, or character in such manner as to interfere with, mislead or confuse motor vehicle operators. (Former Section CZ#A314-33(C)(2))
87.3.3.3No red, green or amber lights or illuminated signs shall be placed in such a position that they could be confused with any authorized traffic sign, signal or device. (Former Section CZ#A314-33(C)(3))
87.3.3.4No sign shall be erected in such a manner as to obstruct free and clear vision of pedestrian traffic on rights-of-way or to otherwise endanger pedestrians. (Former Section CZ#A314-33(C)(4)) (Ord. 2167, § 30, 4/7/1998; Ord. 2717, § 4, 6/27/2023) Your Selections
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87.1 REPEALED BY ORD. 2717 ¶
87.2 SHORELINE PROTECTION STRUCTURES ¶
87.2.1 Purpose. The purpose of these regulations is to provide for the construction of shoreline protection structures consistent with the maintenance of adjacent shoreline areas and with maintenance of off-shore sand transport. (Former Section CZ#A314-32(A))
87.2.2 Applicability. The Shoreline Protection Structures Regulations shall apply to development proposing shoreline protection structures. (Former Section CZ#A314-32(B))
87.2.3 Limitations. Shoreline protection structures, including revetments, breakwater bulkheads, graving yards, groins, seawalls, and other such construction, that alter natural shoreline processes may only be permitted as follows: (Former Section CZ#A314-32(C))
87.2.3.1To protect existing principal structures or public facilities in areas subject to damage from wave action where relocation of the structures is not feasible; (Former Section CZ#A314-32(C)(1))
87.2.3.2When required to serve coastal-dependent uses; (Former Section CZ#A314-32(C)(2))
87.2.3.3To reconstruct existing bulkheads; (Former Section CZ#A314-32(C)(3))
87.2.3.4In areas planned exclusive agriculture, to protect existing dikes, consistent with the regulations on modification and repair of dikes in Transitional Agricultural Lands. (Former Section CZ#A314-32(C)(4))
87.2.4 Comprehensive Study Required. Permanent shoreline structures, other than revetment of existing dikes, shall be permitted only when based on a comprehensive study of area wide shoreline processes which study assesses long-term effects of the structures on sand transport, down drift beaches, circulation patterns and flow rates, including effects such as erosion, shoaling, or reflection of wave energy on adjacent shorelines. Projects other than placement of revetment on existing dikes, must be designed by a Registered Civil Engineer with expertise in shoreline processes. (Former Section CZ#A314-32(D))
87.2.5 Consultation with Department of Boating and Waterways. The County shall request the Department of Boating and Waterways to review plans for construction of shoreline protective structures. The Department may recommend measures to mitigate adverse effects on shoreline processes. (Former Section CZ#A314-32(E))
87.2.6 Required Findings. Shoreline protection structures shall be permitted only if the applicable Public Safety Impact Findings in Chapter 2, Procedures, Supplemental Findings, are made. (Former Section CZ#A314-32(F))
87.2.7 Required Mitigation. Shoreline protection structures shall be constructed such that adverse impacts on shoreline sand supply and public access have been eliminated or minimized by the project’s design or through other mitigation measures such as providing alternate access. (Former Section CZ#A314-32(G))
87.2.8 Temporary Shoreline Structures. Consistent with the Emergency Provisions in Chapter 2, Procedures, temporary shoreline structures may be permitted in emergencies as determined by the Director, provided that any such temporary structure is either: (Former Section CZ#A314-32(H))
87.2.8.1Removed; (Former Section CZ#A314-32(H)(1))
87.2.8.2Incorporated into a permanent structure; or (Former Section CZ#A314-32(H)(2))
87.2.8.3Removed upon construction of a permanent structure. (Former Section CZ#A314-32(H)(3))
87.3 SIGNS AND NAMEPLATES ¶
87.3.1 Purpose and Applicability. The purpose of these regulations is to ensure: (1) that signs within Humboldt County will not impair the public health, safety, and welfare by being excessively intrusive, and, (2) that any permitted signs will maintain visual quality and will be compatible with nearby development. These regulations shall apply to the placement of any sign within the unincorporated area of Humboldt County. (Former Section CZ#A314-33(A))
87.3.2 Permitted Signs. Signs may be permitted in conformity with the following regulations: (Former Section CZ#A314-33(B))
87.3.2.1 Nameplates. ¶
87.3.2.1.1Shall be limited to a statement of the name, address and location of the occupant. (Former Section CZ#A314-33(B)(1))
87.3.2.1.2One (1) nameplate, not illuminated and not exceeding two(2) square feet, appurtenant to any permitted use, shall be permitted in any residential zone. (Former Section CZ#A314-33(B)(1))
87.3.2.1.3One (1) nameplate, not illuminated and not exceeding twenty (20) square feet, appurtenant to any permitted use, shall be permitted only in AE, TPZ and TC Zones. (Former Section CZ#A314-33(B)(1))
87.3.2.2 Property Sale Signs. ¶
87.3.2.2.1Two (2) signs, not illuminated, to advertise the sale of property on which it is displayed, and not exceeding six (6) square feet each, shall be permitted in any zone. Two (2) such signs, not exceeding fifteen (15) square feet, shall be permitted in any Commercial Zone. Two (2) such signs, not exceeding twenty (20) square feet, shall be permitted in any Industrial Zone. The Director may approve a Special Permit for additional signs if the applicant demonstrates a need, based upon site-specific physical conditions. (Former Section CZ#A314-33(B)(2)(a))
87.3.2.2.2Signs, not illuminated and not exceeding one hundred (100) square feet in the aggregate, to advertise the sale of lots in the subdivision in which they are displayed shall be permitted with a Use Permit in any zone. (Former Section CZ#A314-33(B)(2)(b))
87.3.2.3 Appurtenant Signs. Signs appurtenant to any permitted use which are not illuminated, are not over seventy-five (75) square feet in the aggregate, and not divided into more than three (3) single-faced or double-faced signs shall be permitted with a Use Permit in any zone except Residential Zones, in which such signs are not permitted. (Former Section CZ#A314-33(B)(3))
87.3.2.4 Signs in Commercial or Industrial Zones. ¶
87.3.2.4.1Signs, appurtenant to any permitted use, which do not exceed three (3) square feet per linear foot of the front lot line, shall be permitted in any commercial or industrial zone, subject to the limitations of this paragraph. Any lawfully existing lot shall be permitted to have a sign of at least fifty (50) square feet in size. The permitted sign(s) shall not exceed three hundred (300) square feet in the aggregate, and shall not be divided into more than six (6) single-faced or double-faced signs. (Former Section CZ#A314-33(B)(4) (a))
87.3.2.4.2Signs, whether appurtenant to a permitted use or not, and not limited as to size or number, may be permitted with a Special Permit in any commercial or industrial zone. (Former Section CZ#A314-33(B)(4)(b))
87.3.2.5 Directional Signs. ¶
87.3.2.5.1 Signs Permitted. Directional signs and/or guide signs may be located in any zone to indicate directions to public recreational areas, visitor serving facilities, and any other facilities for which the Director has determined that such a sign is necessary for the public convenience and/or safety. (Former Section CZ#A314-33(B)(5)(a))
87.3.2.5.2 Location. Signs shall be located only along arterial roadways and higher order streets. (Former Section CZ#A314-33(B)(5) (b))
87.3.2.5.3 Design Criteria. ¶
87.3.2.5.3.1Directional signs shall contain only the name of the use(s), a directional arrow or a directional statement, and the approximate distance to the use(s). (Former Section CZ#A314-33(B)(5)(c)(1))
87.3.2.5.3.2Where feasible, directional signs shall be designed to accommodate more than one use. (Former Section CZ#A314-33(B) (5)(c)(2))
87.3.2.5.3.3The display surface of any such sign shall not exceed twenty-four (24) by twenty-four (24) inches for each use, with a maximum aggregate area of display surface not to exceed one hundred (100) square feet. (Former Section CZ#A314-33(B)(5)(c)(3))
87.3.2.5.4 Permit Required. A Special Permit is required for placement of a directional sign in any zone. (Former Section CZ#A31433(B)(5)(d))
87.3.3 General Prohibitions on Signs. The following signs shall be prohibited in all zones except as provided in this Section. (Former Section CZ#A314-33(C))
87.3.3.1No sign shall endanger the public health and safety by causing distractions to operators of motor vehicles on public rights-ofway, such as may be caused by signs employing motion, sound, mechanical devices, blinkers, flashing lights, animation or unusual lighting. (Former Section CZ#A314-33(C)(1))
87.3.3.2No sign shall be erected adjacent to any right-of-way in such a manner as to obstruct free and clear vision of operators of motor vehicles, or at any locations where, by reason of position, shape or color, such sign may interfere with, obstruct the vision of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words “stop,” “danger,” or any other word, phrase, symbol, or character in such manner as to interfere with, mislead or confuse motor vehicle operators. (Former Section CZ#A314-33(C)(2))
87.3.3.3No red, green or amber lights or illuminated signs shall be placed in such a position that they could be confused with any authorized traffic sign, signal or device. (Former Section CZ#A314-33(C)(3))
87.3.3.4No sign shall be erected in such a manner as to obstruct free and clear vision of pedestrian traffic on rights-of-way or to otherwise endanger pedestrians. (Former Section CZ#A314-33(C)(4)) (Ord. 2167, § 30, 4/7/1998; Ord. 2717, § 4, 6/27/2023) Your Selections
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88.1 TEMPORARY STRUCTURES ¶
(See also, Section 313-62.1, Temporary Uses.)
88.1.1 Temporary Structures Permitted with a Special Permit. The following temporary structures may be permitted upon obtaining a Special Permit, subject to the following conditions: (Former Section CZ#A314-37(A))
88.1.1.1 Temporary Office. One (1) manufactured home may be used as an office appurtenant to, accessory to, and in conjunction with the operation of a manufactured home sales area. (Former Section CZ#A314-37(A)(1))
88.1.1.2 Recreational Vehicle. A recreational vehicle may be used in recreational areas for up to six (6) months by person(s) who have a permanent residence elsewhere. (Former Section CZ#A314-37(A)(2); Amended by Ord. 2167, Sec. 33, 4/7/98)
88.1.1.3 Employee Housing or Contractor’s Office. A manufactured home, recreational vehicle, or office may be used by a construction contractor as employee housing for the duration of a construction project. (Former Section CZ#A314-37(A)(3); Amended by Ord. 2167, Sec. 33, 4/7/98)
88.1.1.4 Temporary Care. In residential zones that allow manufactured homes, a manufactured home may be set up temporarily where the health and well being of either the property owner or the proposed occupant requires that the manufactured home be on the property, subject to all of the following: (Former Section CZ#A314-37(A)(4))
88.1.1.4.1The manufactured home is occupied by a specific person or people who are related to the property owner; (Former Section CZ#A314-37(A)(4)(a))
88.1.1.4.2The Chief Building Inspector approves the proposed setup; (Former Section CZ#A314-37(A)(4)(b))
88.1.1.4.3The manufactured home is located on a lot with at least one other dwelling; (Former Section CZ#A314-37(A)(4)(c))
88.1.1.4.4The occupants of the existing dwelling must care for the occupant of the proposed temporary manufactured home; (Former Section CZ#A314-37(A)(4)(d))
88.1.1.4.5A doctor’s statement verifying the applicant’s request is submitted; (Former Section CZ#A314-37(A)(4)(e))
88.1.1.4.6The temporary manufactured home shares as many utilities and improvements as possible with the support dwelling; and (Former Section CZ#A314-37(A)(4)(f))
88.1.1.4.7The temporary manufactured home is located as close as possible to the support dwelling, but no closer than ten (10) feet from the support dwelling. (Former Section CZ#A314-37(A)(4)(g))
88.1.1.5 Temporary Occupancy. In all zones, a recreational vehicle may be occupied by an owner-builder during the construction of the owner-builder’s permanent dwelling. In zones that allow manufactured homes, a manufactured home may be occupied by an ownerbuilder during the construction of the owner-builder’s permanent dwelling. Temporary occupancy by an owner-builder is subject to all of the following requirements: (Former Section CZ#A314-37(A)(5))
88.1.1.5.1That the recreational vehicle or manufactured home is not defined as a nuisance by Title 25 of the California Code of Regulations, or any successor provision thereto; (Former Section CZ#A314-37(A)(5)(a))
88.1.1.5.2That the applicant has a building permit for the permanent residence; (Former Section CZ#A314-37(A)(5)(b))
88.1.1.5.3That any septic system used with the temporary quarters is sized for the permanent residence; (Former Section CZ#A31437(A)(5)(c))
88.1.1.5.4That any water supply developed on the property is sized for the permanent residence; (Former Section CZ#A314-37(A)(5) (d))
88.1.1.5.5That the temporary occupancy permit shall be valid for six (6) months from the date the building permit was issued. The Chief Building Inspector may renew the temporary occupancy permit for additional six (6) month periods if he/she determines that substantial progress is being made on construction of the permanent residence. The temporary occupancy permit shall expire when the building permit expires; (Former Section CZ#A314-37(A)(5)(e))
88.1.1.5.6That services shall not be transferred to the permanent residence until: (1) the temporary quarters are removed from the property, or (2) they are converted to a permitted accessory building, or (3) security has been posted, in the form of a bond or other security determined sufficient by the County Counsel to ensure performance; and (Former Section CZ#A314-37(A)(5)(f))
88.1.1.5.7The applicant shall sign a document stating that he/she has read and understands the conditions of the permit. (Former Section CZ#A314-37(A)(5)(g))
88.1.1.6 Temporary Storage of Manufactured Homes in Zones that Allow Manufactured Homes. A manufactured home may be temporarily stored on a parcel, subject to the following: (Former Section CZ#A314-37(A)(6))
88.1.1.6.1The applicant is the landowner and has a building permit for the placement of the manufactured home on the subject parcel as a permanent residence; and (Former Section CZ#A314-37(A)(6)(a))
88.1.1.6.2The applicant signs a document stating that he or she has read and understands the conditions of the permit. (Former Section CZ#A314-37(A)(6)(b))
88.1.1.7 Construction Support Facilities. Temporary buildings and structures supporting residential development and major construction. (Former Section CZ#A314-37(A)(7))
88.1.1.8 Tract Offices. Temporary uses in new subdivisions and other residential developments if the temporary use supports the sale of dwellings and lots within the same subdivision or residential development. (Former Section CZ#A314-37(A)(9))
88.1.1.9 Christmas Tree Sales. A temporary facility used for the sale of Christmas trees and related items in all zones except residential zones. (Former Section CZ#A314-37(A)(10))
88.1.1.10 Other Temporary Uses. Temporary uses not specifically identified in this section and not normally associated with and accessory to uses permitted in the regulations for principal zones and combining zones of this division. (See also, Section 313-62.1, Temporary Uses.) (Former Section CZ#A314-37(A)(11))
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88.1 TEMPORARY STRUCTURES ¶
(See also, Section 313-62.1, Temporary Uses.)
88.1.1 Temporary Structures Permitted with a Special Permit. The following temporary structures may be permitted upon obtaining a Special Permit, subject to the following conditions: (Former Section CZ#A314-37(A))
88.1.1.1 Temporary Office. One (1) manufactured home may be used as an office appurtenant to, accessory to, and in conjunction with the operation of a manufactured home sales area. (Former Section CZ#A314-37(A)(1))
88.1.1.2 Recreational Vehicle. A recreational vehicle may be used in recreational areas for up to six (6) months by person(s) who have a permanent residence elsewhere. (Former Section CZ#A314-37(A)(2); Amended by Ord. 2167, Sec. 33, 4/7/98)
88.1.1.3 Employee Housing or Contractor’s Office. A manufactured home, recreational vehicle, or office may be used by a construction contractor as employee housing for the duration of a construction project. (Former Section CZ#A314-37(A)(3); Amended by Ord. 2167, Sec. 33, 4/7/98)
88.1.1.4 Temporary Care. In residential zones that allow manufactured homes, a manufactured home may be set up temporarily where the health and well being of either the property owner or the proposed occupant requires that the manufactured home be on the property, subject to all of the following: (Former Section CZ#A314-37(A)(4))
88.1.1.4.1The manufactured home is occupied by a specific person or people who are related to the property owner; (Former Section CZ#A314-37(A)(4)(a))
88.1.1.4.2The Chief Building Inspector approves the proposed setup; (Former Section CZ#A314-37(A)(4)(b))
88.1.1.4.3The manufactured home is located on a lot with at least one other dwelling; (Former Section CZ#A314-37(A)(4)(c))
88.1.1.4.4The occupants of the existing dwelling must care for the occupant of the proposed temporary manufactured home; (Former Section CZ#A314-37(A)(4)(d))
88.1.1.4.5A doctor’s statement verifying the applicant’s request is submitted; (Former Section CZ#A314-37(A)(4)(e))
88.1.1.4.6The temporary manufactured home shares as many utilities and improvements as possible with the support dwelling; and (Former Section CZ#A314-37(A)(4)(f))
88.1.1.4.7The temporary manufactured home is located as close as possible to the support dwelling, but no closer than ten (10) feet from the support dwelling. (Former Section CZ#A314-37(A)(4)(g))
88.1.1.5 Temporary Occupancy. In all zones, a recreational vehicle may be occupied by an owner-builder during the construction of the owner-builder’s permanent dwelling. In zones that allow manufactured homes, a manufactured home may be occupied by an ownerbuilder during the construction of the owner-builder’s permanent dwelling. Temporary occupancy by an owner-builder is subject to all of the following requirements: (Former Section CZ#A314-37(A)(5))
88.1.1.5.1That the recreational vehicle or manufactured home is not defined as a nuisance by Title 25 of the California Code of Regulations, or any successor provision thereto; (Former Section CZ#A314-37(A)(5)(a))
88.1.1.5.2That the applicant has a building permit for the permanent residence; (Former Section CZ#A314-37(A)(5)(b))
88.1.1.5.3That any septic system used with the temporary quarters is sized for the permanent residence; (Former Section CZ#A31437(A)(5)(c))
88.1.1.5.4That any water supply developed on the property is sized for the permanent residence; (Former Section CZ#A314-37(A)(5) (d))
88.1.1.5.5That the temporary occupancy permit shall be valid for six (6) months from the date the building permit was issued. The Chief Building Inspector may renew the temporary occupancy permit for additional six (6) month periods if he/she determines that substantial progress is being made on construction of the permanent residence. The temporary occupancy permit shall expire when the building permit expires; (Former Section CZ#A314-37(A)(5)(e))
88.1.1.5.6That services shall not be transferred to the permanent residence until: (1) the temporary quarters are removed from the property, or (2) they are converted to a permitted accessory building, or (3) security has been posted, in the form of a bond or other security determined sufficient by the County Counsel to ensure performance; and (Former Section CZ#A314-37(A)(5)(f))
88.1.1.5.7The applicant shall sign a document stating that he/she has read and understands the conditions of the permit. (Former Section CZ#A314-37(A)(5)(g))
88.1.1.6 Temporary Storage of Manufactured Homes in Zones that Allow Manufactured Homes. A manufactured home may be temporarily stored on a parcel, subject to the following: (Former Section CZ#A314-37(A)(6))
88.1.1.6.1The applicant is the landowner and has a building permit for the placement of the manufactured home on the subject parcel as a permanent residence; and (Former Section CZ#A314-37(A)(6)(a))
88.1.1.6.2The applicant signs a document stating that he or she has read and understands the conditions of the permit. (Former Section CZ#A314-37(A)(6)(b))
88.1.1.7 Construction Support Facilities. Temporary buildings and structures supporting residential development and major construction. (Former Section CZ#A314-37(A)(7))
88.1.1.8 Tract Offices. Temporary uses in new subdivisions and other residential developments if the temporary use supports the sale of dwellings and lots within the same subdivision or residential development. (Former Section CZ#A314-37(A)(9))
88.1.1.9 Christmas Tree Sales. A temporary facility used for the sale of Christmas trees and related items in all zones except residential zones. (Former Section CZ#A314-37(A)(10))
88.1.1.10 Other Temporary Uses. Temporary uses not specifically identified in this section and not normally associated with and accessory to uses permitted in the regulations for principal zones and combining zones of this division. (See also, Section 313-62.1, Temporary Uses.) (Former Section CZ#A314-37(A)(11))
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91.1 WIND-GENERATING FACILITY ¶
91.1.1 Purpose. The purpose of these regulations is to provide for the development of wind-generating facilities as an alternative energy source, while ensuring that such facilities are not detrimental to public safety, and that associated environmental effects, including adverse visual impacts, are minimized. (Former Section CZ#A314-39(A))
91.1.2 Applicability. These regulations shall apply in all zones in which wind-generating facilities are permitted. (Former Section CZ#A314-39(B))
91.1.3 Permit Review. The following concerns, at a minimum, shall be considered in proposals for wind-generation facilities subject to the permit procedures in Chapter 2, Procedures, of this Code. (Former Section CZ#A314-39(C))
91.1.3.1Parcel size; (Former Section CZ#A314-39(C)(1))
91.1.3.2Relationship to other structures; (Former Section CZ#A314-39(C)(2))
91.1.3.3Effects on downwind sites; (Former Section CZ#A314-39(C)(3))
91.1.3.4Compliance with Uniform Building Code and National Electrical Code; (Former Section CZ#A314-39(C)(4))
91.1.3.5Rotor and tower safety; (Former Section CZ#A314-39(C)(5))
91.1.3.6Noise; (Former Section CZ#A314-39(C)(6))
91.1.3.7Electromagnetic interference; (Former Section CZ#A314-39(C)(7))
91.1.3.8Utility notification; (Former Section CZ#A314-39(C)(8))
91.1.3.9Height; (Former Section CZ#A314-39(C)(9))
91.1.3.10Liability insurance; (Former Section CZ#A314-39(C)(10))
91.1.3.11Appearance and design. (Former Section CZ#A314-39(C)(11))
91.1.4 Required Findings. Wind-generating facilities shall be approved only if the applicable Civic Development Impact Findings of - Chapter 2: Procedures, Supplemental Findings (312 31.3), are made. (Former Section CZ#A314-39(C))
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91.1 WIND-GENERATING FACILITY ¶
91.1.1 Purpose. The purpose of these regulations is to provide for the development of wind-generating facilities as an alternative energy source, while ensuring that such facilities are not detrimental to public safety, and that associated environmental effects, including adverse visual impacts, are minimized. (Former Section CZ#A314-39(A))
91.1.2 Applicability. These regulations shall apply in all zones in which wind-generating facilities are permitted. (Former Section CZ#A314-39(B))
91.1.3 Permit Review. The following concerns, at a minimum, shall be considered in proposals for wind-generation facilities subject to the permit procedures in Chapter 2, Procedures, of this Code. (Former Section CZ#A314-39(C))
91.1.3.1Parcel size; (Former Section CZ#A314-39(C)(1))
91.1.3.2Relationship to other structures; (Former Section CZ#A314-39(C)(2))
91.1.3.3Effects on downwind sites; (Former Section CZ#A314-39(C)(3))
91.1.3.4Compliance with Uniform Building Code and National Electrical Code; (Former Section CZ#A314-39(C)(4))
91.1.3.5Rotor and tower safety; (Former Section CZ#A314-39(C)(5))
91.1.3.6Noise; (Former Section CZ#A314-39(C)(6))
91.1.3.7Electromagnetic interference; (Former Section CZ#A314-39(C)(7))
91.1.3.8Utility notification; (Former Section CZ#A314-39(C)(8))
91.1.3.9Height; (Former Section CZ#A314-39(C)(9))
91.1.3.10Liability insurance; (Former Section CZ#A314-39(C)(10))
91.1.3.11Appearance and design. (Former Section CZ#A314-39(C)(11))
91.1.4 Required Findings. Wind-generating facilities shall be approved only if the applicable Civic Development Impact Findings of - Chapter 2: Procedures, Supplemental Findings (312 31.3), are made. (Former Section CZ#A314-39(C))
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95.1 ACCESS DEDICATION REQUIREMENTS FOR NEW DEVELOPMENTS ¶
95.1.1 Purpose. The purpose of these regulations is to specify the nature and location of development subject to coastal public access requirements, to set forth standards for the incorporation of coastal accessways into new development projects, and to prescribe the legal methods and instruments to be used in creating and making the public access dedication. (Former Section CZ#A314-6(A))
95.1.2 Applicability. These regulations shall apply to all new development containing the accessways recommended for dedication in the North Coast, Trinidad, McKinleyville, Eel River and Humboldt Bay Area Plans. For purposes of this section, “new development” shall include development as defined in Public Resources Code Section 30212. These requirements shall not apply to development located in the County’s Coastal Zone that does not require approval of a Coastal Development Permit, consistent with the Permit Requirements in Chapter 2, Procedures, of these regulations. (Former Section CZ#A314-6(B))
95.1.3 Dedication of Public Access Required. New development on parcels containing the accessways recommended for dedication in the applicable Coastal Land Use Plan shall include an irrevocable offer to dedicate an easement for public access to and along the coast, as described in subsection 313-95.1.4. (Former Section CZ#A314-6(C))
95.1.4 Dedication Procedure. ¶
95.1.4.1Prior to the issuance of a permit for development subject to these regulations, the applicant shall be required to record one (1) of the following legal documents for the provisions of coastal access as specified in the condition of approval: (Former Section CZ#A314-6(D)(1))
95.1.4.1.1 Irrevocable Offer of Dedication. The property owner shall submit a preliminary offer of dedication for public easement free of prior liens and encumbrances except tax liens. The offer shall run for a period of twenty-one years (21yr) and shall expire if not accepted by an appropriate public agency or private association, within that period. The County of Humboldt shall have the first right of refusal of the offer of dedication for a period of two (2) years. Such an offer shall be to grant and convey in perpetuity to the people of the State of California, an easement of access over and across the offeror’s property. (Former Section CZ#A314-6(D)(1)(a))
95.1.4.1.2 Outright Grant of In-fee Interest or Easement. If the size and scope of the proposed development is such that the grant of an in-fee interest or easement is appropriate, or there is an accepting agency available to accept the dedication, a grant of an in-fee interest or easement shall be required. (Former Section CZ#A314-6(D)(1)(b))
95.1.4.1.3 Deed Restrictions. A deed restriction which does not grant any ownership interest in the land proposed for public access, and whereby the land owner retains all responsibility for the improvement and maintenance of the accessway may be appropriate in the following limited types of development: (1) Large Residential Developments, (2) Planned Unit Developments, (3) Visitor Serving Facilities, and (4) Commercial Developments. Deed restrictions shall not be allowed for accessways that will require public maintenance or improvements. (Former Section CZ#A314-6(D)(1)(c))
95.1.4.2 Title Information. As a condition to the issuance of the permit, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where extensive easements are being granted. The amount of title insurance shall be estimated on the basis of what it would cost for a public agency to acquire an equivalent access. (Former Section CZ#A314-6(D)(2))
95.1.4.3 Coastal Commission Review. Copies of the documents to be recorded, the title report, and the permit shall be forwarded to the State Coastal Commission for review consistent with the requirements of Chapter 2, Procedures. of this Code. (Former Section CZ#A314-6(D)(3))
95.1.5 Guidelines for Location and Design of Accessways. The nature, location, and size of the required public accessways shall meet the following requirements: (Former Section CZ#A314-6(E))
95.1.5.1The accessway conforms with and is adequate to carry out the public access recommendations and policies of the County’s Coastal Land Use Plan; (Former Section CZ#A314-6(E)(1))
95.1.5.2Vertical Access Design Criteria: (Former Section CZ#A314-6(E)(2))
95.1.5.2.1The location should be along boundaries of property but may be re-sited, as necessary; (Former Section CZ#A314-6(E)(2)(a))
95.1.5.2.2The width should be a minimum of ten (10) feet for pedestrian use with additional width required for slope or construction easements and/or other uses; (Former Section CZ#A314-6(E)(2)(b))
95.1.5.2.3A privacy buffer between accessway and residence shall be a minimum of five (5) feet for pedestrian accessways; (Former Section CZ#A314-6(E)(2)(c))
95.1.5.2.4The accessway should extend from the first public road, trail, or use area nearest to the sea to the publicly owned tidelands or established lateral accessway. (Former Section CZ#A314-6(E)(2)(d))
95.1.5.3Lateral Access Design Criteria: (Former Section CZ#A314-6(E)(3))
95.1.5.3.1Where there is an existing accessway adjoining the proposed accessways, the location and size of the new accessway shall be the same as the adjoining accessways; (Former Section CZ#A314-6(E)(3)(a))
95.1.5.3.2Where there is a fixed landward point from which to measure (e.g. bluffline) the accessway shall be no less than twenty-five (25) feet in width seaward from the fixed landmark; or (Former Section CZ#A314-6(E)(3)(b))
95.1.5.3.3Where there are not any fixed landward points (e.g. blufflines) the accessway shall be a minimum of twenty-five (25) feet in width, and shall run from the mean high tide line of the sea to the first line of terrestrial vegetation, excepting dune areas; (Former Section CZ#A314-6(E)(3)(c)(d))
95.1.5.3.4Where there is no vertical gradient differential between major development and the accessway, a privacy buffer of fifty (50) feet shall be established as follows: (1) the first ten (10) feet from the development shall be used solely for a privacy buffer; (2) only limited uses shall be allowed between ten and twenty (20) feet from the development; and (3) only passive recreational uses shall be allowed between twenty (20) and fifty (50) feet from the development. (Former Section CZ#A314-6(E)(3)(e))
95.1.5.4 Vista Points. Where no beach area exists, but the project is proposed along a shorefront blufftop lot, public access for public viewing of the shoreline shall be required. Vista points should be accessible from a public road or from an upland public trail. (Former Section CZ#A314-6(E)(4))
95.1.5.5 Support Facilities. Where required by the Land Use Plan, areas sufficient to provide minimum support facilities shall be offered for dedication. (Former Section CZ#A314-6(E)(5))
95.1.6 Exception to Access Design Criteria. The Hearing Officer may modify the access design criteria of Section 95.1.5 for vertical and lateral accessways when strict application of these criteria would prohibit new development or cause new development to become nonconforming with respect to other development standards of these regulations. Any exception to the design criteria shall not preclude an offer of dedication for public access as required in the applicable Coastal Land Use Plan, and the exception shall be - allowed only if the applicable findings for granting exceptions of Chapter 2, Procedures, Supplemental Findings (312 2.19), can be made. (Former Section CZ#A314-6(F))
95.1.7 Required Findings. A Coastal Development Permit for construction or improvement of public accessway facilities shall be approved only if the applicable
- Resource Protection Impact Findings are made (see, Chapter 2, Section 312 39). (Former Section CZ#A314-6(G))
95.1.8 Commencement of Public Use. Dedicated accessways shall not be opened to public use until a public agency or private association that has accepted the access offered for dedication agrees to accept responsibility for maintenance and liability of the accessway, and to provide the access improvements recommended in the Land Use Plan. (Former Section CZ#A314-6(H))
95.2 ACCESS DEDICATION REQUIREMENTS FOR NEW DEVELOPMENTS IN SHELTER COVE ¶
95.2.1 Purpose. The purpose of these regulations is to specify the nature, location and appropriateness of coastal public access requirements, to set forth standards for the incorporation of coastal accessways into new development projects, and to prescribe the legal methods and instruments to be used in creating the public access dedications special to the Shelter Cove Area. (Former Section CZ#A314-7(A))
95.2.2 Applicability. The Public Access Dedication Requirements for New Development in Shelter Cove shall apply to the following areas: (Former Section CZ#A314-7(B))
95.2.2.1Lateral bluff top trail along lot Assessors Parcel numbers 111-121-25 through -31, inclusive, and Assessors Parcel numbers 111171-29 through -34, inclusive. (Former Section CZ#A314-7(B)(1))
95.2.2.2Storm Drain Easement opposite Steelhead Court. (Vertical) (Former Section CZ#A314-7(B)(2))
For purposes of this section, “new development” shall include development as defined in the California Public Resources Code Section 30212. These requirements shall not apply to development located in the County’s Coastal Zone that does not require approval of a Coastal Development Permit. (Former Section CZ#A314-7(B))
95.2.3 Dedication of Public Access Reviewed. New development on parcels containing the accessways identified for possible dedication in the Shelter Cove section of the South Coast Area Land Use Plan shall be subject to the Access Dedication Review Procedures. (Former Section CZ#A314-7(C))
95.2.4 Dedication Procedure.
95.2.4.1Prior to or upon application for a development permit the County shall consult with the following agencies and experts regarding potential provisions and management of public access at the site in question: (Former Section CZ#A314-7(D)(1))
95.2.4.1.1Representatives from the County (Planning Division and Public Works Department), (Former Section CZ#A314-7(D)(1)(a))
95.2.4.1.2Bureau of Land Management, (Former Section CZ#A314-7(D)(1)(b))
95.2.4.1.3U.S. Fish and Wildlife, (Former Section CZ#A314-7(D)(1)(c))
95.2.4.1.4California Fish and Game, (Former Section CZ#A314-7(D)(1)(d))
95.2.4.1.5California Water Quality Control, (Former Section CZ#A314-7(D)(1)(e))
95.2.4.1.6California Coastal Commission staff, (Former Section CZ#A314-7(D)(1)(f))
95.2.4.1.7A registered archaeologist, (Former Section CZ#A314-7(D)(1)(g))
95.2.4.1.8A marine biologist, (Former Section CZ#A314-7(D)(1)(h))
95.2.4.1.9Humboldt County Sheriff’s Department. (Former Section CZ#A314-7(D)(1)(i))
95.2.4.2In consulting with the groups listed in subsection 95.2.4.1, the County shall solicit information, evidence, advice, and recommendations on the following matters: (Former Section CZ#A314-7(D)(2))
95.2.4.2.1The need to regulate the time, place, and manner of public access depending on the facts and circumstances of each case, including, but not limited to: (Former Section CZ#A314-7(D)(2)(a))
95.2.4.2.1.1Topographic and geologic site characteristics; (Former Section CZ#A314-7(D)(2)(a)(i))
95.2.4.2.1.2The capacity of the site to sustain use and at what level of intensity; (Former Section CZ#A314-7(D)(2)(a)(ii))
95.2.4.2.1.3The appropriateness of limiting public access to the right to pass or repass; (Former Section CZ#A314-7(D)(2)(a)(iii))
95.2.4.2.1.4Fragile coastal bluffs; (Former Section CZ#A314-7(D)(2)(a)(iv))
95.2.4.2.1.5Fragile marine biota; (Former Section CZ#A314-7(D)(2)(a)(v))
95.2.4.2.1.6Adequacy of adjacent access; (Former Section CZ#A314-7(D)(2)(a)(vi))
95.2.4.2.1.7Risk to public safety. (Former Section CZ#A314-7(D)(2)(a)(vii))
95.2.4.2.2The County shall utilize the information, evidence, advice, and recommendations received in response to the solicitation to make a determination, in accordance with Public Resources Code Section 30214, as well as other Code sections that might apply, as to whether or not to require a dedication of access as a condition of issuing the Coastal Development Permit. (Former Section CZ#A3147(D)(2)(b))
95.2.4.3Where a dedication of access is required, it shall: (Former Section CZ#A314-7(D)(3))
95.2.4.3.1Be specific as to whether or not public access is limited to the right to pass and repass; and (Former Section CZ#A314-7(D) (3)(a))
95.2.4.3.2Be in accordance with the Access Dedication Requirements for New Developments (see, Section 313-95.1) in these regulations. (Former Section CZ#A314-7(D)(3)(b))
95.3 ACCESS PROTECTION ¶
95.3.1 Purpose. The purpose of these regulations is to insure that development permitted by the County and located within the County’s Coastal Zone does not interfere with public access acquired through use. The County, through the administration of these requirements, is not determining whether implied dedication or prescriptive rights exist. (Former Section CZ#A314-8(A))
95.3.2 Applicability. The Public Access Protection shall apply to lands located between the first public road and the sea. (Former Section CZ#A314-8(B))
95.3.3 Protection of the Accessway. Where, pursuant to the applicable review process in Chapter 2, Procedures, of these regulations, there is substantial evidence of historic public use of the accessway, and the proposed development would interfere with such public use, the following shall apply: (Former Section CZ#A314-8(C))
95.3.3.1The proposed development shall be sited and designed so as not to block or interfere with the use of such accessway; or (Former Section CZ#A314-8(C)(1))
95.3.3.2An equivalent accessway shall be provided, including dedication of an easement as described in the Access Dedication Sections - of this Code, if the applicable Resource Protection Impact Findings of Chapter 2, Procedures, Supplemental Findings (312 2.19), are made. (Equivalent accessway means public access of equivalent type, intensity, and area of use to the same destination.) (Former Section CZ#A314-8(C)(2))
95.3.4 Protection of Accessway Not Required. The requirements of subsection 313-95.3.3, shall not apply if the applicant has established that the State of California has disposed of any interest in the accessway or that there has been a final court determination that there has been no implied dedication or prescriptive use. (Former Section CZ#A314-8(D)) Your Selections
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95.1 ACCESS DEDICATION REQUIREMENTS FOR NEW DEVELOPMENTS ¶
95.1.1 Purpose. The purpose of these regulations is to specify the nature and location of development subject to coastal public access requirements, to set forth standards for the incorporation of coastal accessways into new development projects, and to prescribe the legal methods and instruments to be used in creating and making the public access dedication. (Former Section CZ#A314-6(A))
95.1.2 Applicability. These regulations shall apply to all new development containing the accessways recommended for dedication in the North Coast, Trinidad, McKinleyville, Eel River and Humboldt Bay Area Plans. For purposes of this section, “new development” shall include development as defined in Public Resources Code Section 30212. These requirements shall not apply to development located in the County’s Coastal Zone that does not require approval of a Coastal Development Permit, consistent with the Permit Requirements in Chapter 2, Procedures, of these regulations. (Former Section CZ#A314-6(B))
95.1.3 Dedication of Public Access Required. New development on parcels containing the accessways recommended for dedication in the applicable Coastal Land Use Plan shall include an irrevocable offer to dedicate an easement for public access to and along the coast, as described in subsection 313-95.1.4. (Former Section CZ#A314-6(C))
95.1.4 Dedication Procedure. ¶
95.1.4.1Prior to the issuance of a permit for development subject to these regulations, the applicant shall be required to record one (1) of the following legal documents for the provisions of coastal access as specified in the condition of approval: (Former Section CZ#A314-6(D)(1))
95.1.4.1.1 Irrevocable Offer of Dedication. The property owner shall submit a preliminary offer of dedication for public easement free of prior liens and encumbrances except tax liens. The offer shall run for a period of twenty-one years (21yr) and shall expire if not accepted by an appropriate public agency or private association, within that period. The County of Humboldt shall have the first right of refusal of the offer of dedication for a period of two (2) years. Such an offer shall be to grant and convey in perpetuity to the people of the State of California, an easement of access over and across the offeror’s property. (Former Section CZ#A314-6(D)(1)(a))
95.1.4.1.2 Outright Grant of In-fee Interest or Easement. If the size and scope of the proposed development is such that the grant of an in-fee interest or easement is appropriate, or there is an accepting agency available to accept the dedication, a grant of an in-fee interest or easement shall be required. (Former Section CZ#A314-6(D)(1)(b))
95.1.4.1.3 Deed Restrictions. A deed restriction which does not grant any ownership interest in the land proposed for public access, and whereby the land owner retains all responsibility for the improvement and maintenance of the accessway may be appropriate in the following limited types of development: (1) Large Residential Developments, (2) Planned Unit Developments, (3) Visitor Serving Facilities, and (4) Commercial Developments. Deed restrictions shall not be allowed for accessways that will require public maintenance or improvements. (Former Section CZ#A314-6(D)(1)(c))
95.1.4.2 Title Information. As a condition to the issuance of the permit, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where extensive easements are being granted. The amount of title insurance shall be estimated on the basis of what it would cost for a public agency to acquire an equivalent access. (Former Section CZ#A314-6(D)(2))
95.1.4.3 Coastal Commission Review. Copies of the documents to be recorded, the title report, and the permit shall be forwarded to the State Coastal Commission for review consistent with the requirements of Chapter 2, Procedures. of this Code. (Former Section CZ#A314-6(D)(3))
95.1.5 Guidelines for Location and Design of Accessways. The nature, location, and size of the required public accessways shall meet the following requirements: (Former Section CZ#A314-6(E))
95.1.5.1The accessway conforms with and is adequate to carry out the public access recommendations and policies of the County’s Coastal Land Use Plan; (Former Section CZ#A314-6(E)(1))
95.1.5.2Vertical Access Design Criteria: (Former Section CZ#A314-6(E)(2))
95.1.5.2.1The location should be along boundaries of property but may be re-sited, as necessary; (Former Section CZ#A314-6(E)(2)(a))
95.1.5.2.2The width should be a minimum of ten (10) feet for pedestrian use with additional width required for slope or construction easements and/or other uses; (Former Section CZ#A314-6(E)(2)(b))
95.1.5.2.3A privacy buffer between accessway and residence shall be a minimum of five (5) feet for pedestrian accessways; (Former Section CZ#A314-6(E)(2)(c))
95.1.5.2.4The accessway should extend from the first public road, trail, or use area nearest to the sea to the publicly owned tidelands or established lateral accessway. (Former Section CZ#A314-6(E)(2)(d))
95.1.5.3Lateral Access Design Criteria: (Former Section CZ#A314-6(E)(3))
95.1.5.3.1Where there is an existing accessway adjoining the proposed accessways, the location and size of the new accessway shall be the same as the adjoining accessways; (Former Section CZ#A314-6(E)(3)(a))
95.1.5.3.2Where there is a fixed landward point from which to measure (e.g. bluffline) the accessway shall be no less than twenty-five (25) feet in width seaward from the fixed landmark; or (Former Section CZ#A314-6(E)(3)(b))
95.1.5.3.3Where there are not any fixed landward points (e.g. blufflines) the accessway shall be a minimum of twenty-five (25) feet in width, and shall run from the mean high tide line of the sea to the first line of terrestrial vegetation, excepting dune areas; (Former Section CZ#A314-6(E)(3)(c)(d))
95.1.5.3.4Where there is no vertical gradient differential between major development and the accessway, a privacy buffer of fifty (50) feet shall be established as follows: (1) the first ten (10) feet from the development shall be used solely for a privacy buffer; (2) only limited uses shall be allowed between ten and twenty (20) feet from the development; and (3) only passive recreational uses shall be allowed between twenty (20) and fifty (50) feet from the development. (Former Section CZ#A314-6(E)(3)(e))
95.1.5.4 Vista Points. Where no beach area exists, but the project is proposed along a shorefront blufftop lot, public access for public viewing of the shoreline shall be required. Vista points should be accessible from a public road or from an upland public trail. (Former Section CZ#A314-6(E)(4))
95.1.5.5 Support Facilities. Where required by the Land Use Plan, areas sufficient to provide minimum support facilities shall be offered for dedication. (Former Section CZ#A314-6(E)(5))
95.1.6 Exception to Access Design Criteria. The Hearing Officer may modify the access design criteria of Section 95.1.5 for vertical and lateral accessways when strict application of these criteria would prohibit new development or cause new development to become nonconforming with respect to other development standards of these regulations. Any exception to the design criteria shall not preclude an offer of dedication for public access as required in the applicable Coastal Land Use Plan, and the exception shall be - allowed only if the applicable findings for granting exceptions of Chapter 2, Procedures, Supplemental Findings (312 2.19), can be made. (Former Section CZ#A314-6(F))
95.1.7 Required Findings. A Coastal Development Permit for construction or improvement of public accessway facilities shall be approved only if the applicable
- Resource Protection Impact Findings are made (see, Chapter 2, Section 312 39). (Former Section CZ#A314-6(G))
95.1.8 Commencement of Public Use. Dedicated accessways shall not be opened to public use until a public agency or private association that has accepted the access offered for dedication agrees to accept responsibility for maintenance and liability of the accessway, and to provide the access improvements recommended in the Land Use Plan. (Former Section CZ#A314-6(H))
95.2 ACCESS DEDICATION REQUIREMENTS FOR NEW DEVELOPMENTS IN SHELTER COVE ¶
95.2.1 Purpose. The purpose of these regulations is to specify the nature, location and appropriateness of coastal public access requirements, to set forth standards for the incorporation of coastal accessways into new development projects, and to prescribe the legal methods and instruments to be used in creating the public access dedications special to the Shelter Cove Area. (Former Section CZ#A314-7(A))
95.2.2 Applicability. The Public Access Dedication Requirements for New Development in Shelter Cove shall apply to the following areas: (Former Section CZ#A314-7(B))
95.2.2.1Lateral bluff top trail along lot Assessors Parcel numbers 111-121-25 through -31, inclusive, and Assessors Parcel numbers 111171-29 through -34, inclusive. (Former Section CZ#A314-7(B)(1))
95.2.2.2Storm Drain Easement opposite Steelhead Court. (Vertical) (Former Section CZ#A314-7(B)(2))
For purposes of this section, “new development” shall include development as defined in the California Public Resources Code Section 30212. These requirements shall not apply to development located in the County’s Coastal Zone that does not require approval of a Coastal Development Permit. (Former Section CZ#A314-7(B))
95.2.3 Dedication of Public Access Reviewed. New development on parcels containing the accessways identified for possible dedication in the Shelter Cove section of the South Coast Area Land Use Plan shall be subject to the Access Dedication Review Procedures. (Former Section CZ#A314-7(C))
95.2.4 Dedication Procedure.
95.2.4.1Prior to or upon application for a development permit the County shall consult with the following agencies and experts regarding potential provisions and management of public access at the site in question: (Former Section CZ#A314-7(D)(1))
95.2.4.1.1Representatives from the County (Planning Division and Public Works Department), (Former Section CZ#A314-7(D)(1)(a))
95.2.4.1.2Bureau of Land Management, (Former Section CZ#A314-7(D)(1)(b))
95.2.4.1.3U.S. Fish and Wildlife, (Former Section CZ#A314-7(D)(1)(c))
95.2.4.1.4California Fish and Game, (Former Section CZ#A314-7(D)(1)(d))
95.2.4.1.5California Water Quality Control, (Former Section CZ#A314-7(D)(1)(e))
95.2.4.1.6California Coastal Commission staff, (Former Section CZ#A314-7(D)(1)(f))
95.2.4.1.7A registered archaeologist, (Former Section CZ#A314-7(D)(1)(g))
95.2.4.1.8A marine biologist, (Former Section CZ#A314-7(D)(1)(h))
95.2.4.1.9Humboldt County Sheriff’s Department. (Former Section CZ#A314-7(D)(1)(i))
95.2.4.2In consulting with the groups listed in subsection 95.2.4.1, the County shall solicit information, evidence, advice, and recommendations on the following matters: (Former Section CZ#A314-7(D)(2))
95.2.4.2.1The need to regulate the time, place, and manner of public access depending on the facts and circumstances of each case, including, but not limited to: (Former Section CZ#A314-7(D)(2)(a))
95.2.4.2.1.1Topographic and geologic site characteristics; (Former Section CZ#A314-7(D)(2)(a)(i))
95.2.4.2.1.2The capacity of the site to sustain use and at what level of intensity; (Former Section CZ#A314-7(D)(2)(a)(ii))
95.2.4.2.1.3The appropriateness of limiting public access to the right to pass or repass; (Former Section CZ#A314-7(D)(2)(a)(iii))
95.2.4.2.1.4Fragile coastal bluffs; (Former Section CZ#A314-7(D)(2)(a)(iv))
95.2.4.2.1.5Fragile marine biota; (Former Section CZ#A314-7(D)(2)(a)(v))
95.2.4.2.1.6Adequacy of adjacent access; (Former Section CZ#A314-7(D)(2)(a)(vi))
95.2.4.2.1.7Risk to public safety. (Former Section CZ#A314-7(D)(2)(a)(vii))
95.2.4.2.2The County shall utilize the information, evidence, advice, and recommendations received in response to the solicitation to make a determination, in accordance with Public Resources Code Section 30214, as well as other Code sections that might apply, as to whether or not to require a dedication of access as a condition of issuing the Coastal Development Permit. (Former Section CZ#A3147(D)(2)(b))
95.2.4.3Where a dedication of access is required, it shall: (Former Section CZ#A314-7(D)(3))
95.2.4.3.1Be specific as to whether or not public access is limited to the right to pass and repass; and (Former Section CZ#A314-7(D) (3)(a))
95.2.4.3.2Be in accordance with the Access Dedication Requirements for New Developments (see, Section 313-95.1) in these regulations. (Former Section CZ#A314-7(D)(3)(b))
95.3 ACCESS PROTECTION ¶
95.3.1 Purpose. The purpose of these regulations is to insure that development permitted by the County and located within the County’s Coastal Zone does not interfere with public access acquired through use. The County, through the administration of these requirements, is not determining whether implied dedication or prescriptive rights exist. (Former Section CZ#A314-8(A))
95.3.2 Applicability. The Public Access Protection shall apply to lands located between the first public road and the sea. (Former Section CZ#A314-8(B))
95.3.3 Protection of the Accessway. Where, pursuant to the applicable review process in Chapter 2, Procedures, of these regulations, there is substantial evidence of historic public use of the accessway, and the proposed development would interfere with such public use, the following shall apply: (Former Section CZ#A314-8(C))
95.3.3.1The proposed development shall be sited and designed so as not to block or interfere with the use of such accessway; or (Former Section CZ#A314-8(C)(1))
95.3.3.2An equivalent accessway shall be provided, including dedication of an easement as described in the Access Dedication Sections - of this Code, if the applicable Resource Protection Impact Findings of Chapter 2, Procedures, Supplemental Findings (312 2.19), are made. (Equivalent accessway means public access of equivalent type, intensity, and area of use to the same destination.) (Former Section CZ#A314-8(C)(2))
95.3.4 Protection of Accessway Not Required. The requirements of subsection 313-95.3.3, shall not apply if the applicant has established that the State of California has disposed of any interest in the accessway or that there has been a final court determination that there has been no implied dedication or prescriptive use. (Former Section CZ#A314-8(D)) Your Selections
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95.1 ACCESS DEDICATION REQUIREMENTS FOR NEW DEVELOPMENTS ¶
95.1.1 Purpose. The purpose of these regulations is to specify the nature and location of development subject to coastal public access requirements, to set forth standards for the incorporation of coastal accessways into new development projects, and to prescribe the legal methods and instruments to be used in creating and making the public access dedication. (Former Section CZ#A314-6(A))
95.1.2 Applicability. These regulations shall apply to all new development containing the accessways recommended for dedication in the North Coast, Trinidad, McKinleyville, Eel River and Humboldt Bay Area Plans. For purposes of this section, “new development” shall include development as defined in Public Resources Code Section 30212. These requirements shall not apply to development located in the County’s Coastal Zone that does not require approval of a Coastal Development Permit, consistent with the Permit Requirements in Chapter 2, Procedures, of these regulations. (Former Section CZ#A314-6(B))
95.1.3 Dedication of Public Access Required. New development on parcels containing the accessways recommended for dedication in the applicable Coastal Land Use Plan shall include an irrevocable offer to dedicate an easement for public access to and along the coast, as described in subsection 313-95.1.4. (Former Section CZ#A314-6(C))
95.1.4 Dedication Procedure. ¶
95.1.4.1Prior to the issuance of a permit for development subject to these regulations, the applicant shall be required to record one (1) of the following legal documents for the provisions of coastal access as specified in the condition of approval: (Former Section CZ#A314-6(D)(1))
95.1.4.1.1 Irrevocable Offer of Dedication. The property owner shall submit a preliminary offer of dedication for public easement free of prior liens and encumbrances except tax liens. The offer shall run for a period of twenty-one years (21yr) and shall expire if not accepted by an appropriate public agency or private association, within that period. The County of Humboldt shall have the first right of refusal of the offer of dedication for a period of two (2) years. Such an offer shall be to grant and convey in perpetuity to the people of the State of California, an easement of access over and across the offeror’s property. (Former Section CZ#A314-6(D)(1)(a))
95.1.4.1.2 Outright Grant of In-fee Interest or Easement. If the size and scope of the proposed development is such that the grant of an in-fee interest or easement is appropriate, or there is an accepting agency available to accept the dedication, a grant of an in-fee interest or easement shall be required. (Former Section CZ#A314-6(D)(1)(b))
95.1.4.1.3 Deed Restrictions. A deed restriction which does not grant any ownership interest in the land proposed for public access, and whereby the land owner retains all responsibility for the improvement and maintenance of the accessway may be appropriate in the following limited types of development: (1) Large Residential Developments, (2) Planned Unit Developments, (3) Visitor Serving Facilities, and (4) Commercial Developments. Deed restrictions shall not be allowed for accessways that will require public maintenance or improvements. (Former Section CZ#A314-6(D)(1)(c))
95.1.4.2 Title Information. As a condition to the issuance of the permit, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where extensive easements are being granted. The amount of title insurance shall be estimated on the basis of what it would cost for a public agency to acquire an equivalent access. (Former Section CZ#A314-6(D)(2))
95.1.4.3 Coastal Commission Review. Copies of the documents to be recorded, the title report, and the permit shall be forwarded to the State Coastal Commission for review consistent with the requirements of Chapter 2, Procedures. of this Code. (Former Section CZ#A314-6(D)(3))
95.1.5 Guidelines for Location and Design of Accessways. The nature, location, and size of the required public accessways shall meet the following requirements: (Former Section CZ#A314-6(E))
95.1.5.1The accessway conforms with and is adequate to carry out the public access recommendations and policies of the County’s Coastal Land Use Plan; (Former Section CZ#A314-6(E)(1))
95.1.5.2Vertical Access Design Criteria: (Former Section CZ#A314-6(E)(2))
95.1.5.2.1The location should be along boundaries of property but may be re-sited, as necessary; (Former Section CZ#A314-6(E)(2)(a))
95.1.5.2.2The width should be a minimum of ten (10) feet for pedestrian use with additional width required for slope or construction easements and/or other uses; (Former Section CZ#A314-6(E)(2)(b))
95.1.5.2.3A privacy buffer between accessway and residence shall be a minimum of five (5) feet for pedestrian accessways; (Former Section CZ#A314-6(E)(2)(c))
95.1.5.2.4The accessway should extend from the first public road, trail, or use area nearest to the sea to the publicly owned tidelands or established lateral accessway. (Former Section CZ#A314-6(E)(2)(d))
95.1.5.3Lateral Access Design Criteria: (Former Section CZ#A314-6(E)(3))
95.1.5.3.1Where there is an existing accessway adjoining the proposed accessways, the location and size of the new accessway shall be the same as the adjoining accessways; (Former Section CZ#A314-6(E)(3)(a))
95.1.5.3.2Where there is a fixed landward point from which to measure (e.g. bluffline) the accessway shall be no less than twenty-five (25) feet in width seaward from the fixed landmark; or (Former Section CZ#A314-6(E)(3)(b))
95.1.5.3.3Where there are not any fixed landward points (e.g. blufflines) the accessway shall be a minimum of twenty-five (25) feet in width, and shall run from the mean high tide line of the sea to the first line of terrestrial vegetation, excepting dune areas; (Former Section CZ#A314-6(E)(3)(c)(d))
95.1.5.3.4Where there is no vertical gradient differential between major development and the accessway, a privacy buffer of fifty (50) feet shall be established as follows: (1) the first ten (10) feet from the development shall be used solely for a privacy buffer; (2) only limited uses shall be allowed between ten and twenty (20) feet from the development; and (3) only passive recreational uses shall be allowed between twenty (20) and fifty (50) feet from the development. (Former Section CZ#A314-6(E)(3)(e))
95.1.5.4 Vista Points. Where no beach area exists, but the project is proposed along a shorefront blufftop lot, public access for public viewing of the shoreline shall be required. Vista points should be accessible from a public road or from an upland public trail. (Former Section CZ#A314-6(E)(4))
95.1.5.5 Support Facilities. Where required by the Land Use Plan, areas sufficient to provide minimum support facilities shall be offered for dedication. (Former Section CZ#A314-6(E)(5))
95.1.6 Exception to Access Design Criteria. The Hearing Officer may modify the access design criteria of Section 95.1.5 for vertical and lateral accessways when strict application of these criteria would prohibit new development or cause new development to become nonconforming with respect to other development standards of these regulations. Any exception to the design criteria shall not preclude an offer of dedication for public access as required in the applicable Coastal Land Use Plan, and the exception shall be - allowed only if the applicable findings for granting exceptions of Chapter 2, Procedures, Supplemental Findings (312 2.19), can be made. (Former Section CZ#A314-6(F))
95.1.7 Required Findings. A Coastal Development Permit for construction or improvement of public accessway facilities shall be approved only if the applicable
- Resource Protection Impact Findings are made (see, Chapter 2, Section 312 39). (Former Section CZ#A314-6(G))
95.1.8 Commencement of Public Use. Dedicated accessways shall not be opened to public use until a public agency or private association that has accepted the access offered for dedication agrees to accept responsibility for maintenance and liability of the accessway, and to provide the access improvements recommended in the Land Use Plan. (Former Section CZ#A314-6(H))
95.2 ACCESS DEDICATION REQUIREMENTS FOR NEW DEVELOPMENTS IN SHELTER COVE ¶
95.2.1 Purpose. The purpose of these regulations is to specify the nature, location and appropriateness of coastal public access requirements, to set forth standards for the incorporation of coastal accessways into new development projects, and to prescribe the legal methods and instruments to be used in creating the public access dedications special to the Shelter Cove Area. (Former Section CZ#A314-7(A))
95.2.2 Applicability. The Public Access Dedication Requirements for New Development in Shelter Cove shall apply to the following areas: (Former Section CZ#A314-7(B))
95.2.2.1Lateral bluff top trail along lot Assessors Parcel numbers 111-121-25 through -31, inclusive, and Assessors Parcel numbers 111171-29 through -34, inclusive. (Former Section CZ#A314-7(B)(1))
95.2.2.2Storm Drain Easement opposite Steelhead Court. (Vertical) (Former Section CZ#A314-7(B)(2))
For purposes of this section, “new development” shall include development as defined in the California Public Resources Code Section 30212. These requirements shall not apply to development located in the County’s Coastal Zone that does not require approval of a Coastal Development Permit. (Former Section CZ#A314-7(B))
95.2.3 Dedication of Public Access Reviewed. New development on parcels containing the accessways identified for possible dedication in the Shelter Cove section of the South Coast Area Land Use Plan shall be subject to the Access Dedication Review Procedures. (Former Section CZ#A314-7(C))
95.2.4 Dedication Procedure.
95.2.4.1Prior to or upon application for a development permit the County shall consult with the following agencies and experts regarding potential provisions and management of public access at the site in question: (Former Section CZ#A314-7(D)(1))
95.2.4.1.1Representatives from the County (Planning Division and Public Works Department), (Former Section CZ#A314-7(D)(1)(a))
95.2.4.1.2Bureau of Land Management, (Former Section CZ#A314-7(D)(1)(b))
95.2.4.1.3U.S. Fish and Wildlife, (Former Section CZ#A314-7(D)(1)(c))
95.2.4.1.4California Fish and Game, (Former Section CZ#A314-7(D)(1)(d))
95.2.4.1.5California Water Quality Control, (Former Section CZ#A314-7(D)(1)(e))
95.2.4.1.6California Coastal Commission staff, (Former Section CZ#A314-7(D)(1)(f))
95.2.4.1.7A registered archaeologist, (Former Section CZ#A314-7(D)(1)(g))
95.2.4.1.8A marine biologist, (Former Section CZ#A314-7(D)(1)(h))
95.2.4.1.9Humboldt County Sheriff’s Department. (Former Section CZ#A314-7(D)(1)(i))
95.2.4.2In consulting with the groups listed in subsection 95.2.4.1, the County shall solicit information, evidence, advice, and recommendations on the following matters: (Former Section CZ#A314-7(D)(2))
95.2.4.2.1The need to regulate the time, place, and manner of public access depending on the facts and circumstances of each case, including, but not limited to: (Former Section CZ#A314-7(D)(2)(a))
95.2.4.2.1.1Topographic and geologic site characteristics; (Former Section CZ#A314-7(D)(2)(a)(i))
95.2.4.2.1.2The capacity of the site to sustain use and at what level of intensity; (Former Section CZ#A314-7(D)(2)(a)(ii))
95.2.4.2.1.3The appropriateness of limiting public access to the right to pass or repass; (Former Section CZ#A314-7(D)(2)(a)(iii))
95.2.4.2.1.4Fragile coastal bluffs; (Former Section CZ#A314-7(D)(2)(a)(iv))
95.2.4.2.1.5Fragile marine biota; (Former Section CZ#A314-7(D)(2)(a)(v))
95.2.4.2.1.6Adequacy of adjacent access; (Former Section CZ#A314-7(D)(2)(a)(vi))
95.2.4.2.1.7Risk to public safety. (Former Section CZ#A314-7(D)(2)(a)(vii))
95.2.4.2.2The County shall utilize the information, evidence, advice, and recommendations received in response to the solicitation to make a determination, in accordance with Public Resources Code Section 30214, as well as other Code sections that might apply, as to whether or not to require a dedication of access as a condition of issuing the Coastal Development Permit. (Former Section CZ#A3147(D)(2)(b))
95.2.4.3Where a dedication of access is required, it shall: (Former Section CZ#A314-7(D)(3))
95.2.4.3.1Be specific as to whether or not public access is limited to the right to pass and repass; and (Former Section CZ#A314-7(D) (3)(a))
95.2.4.3.2Be in accordance with the Access Dedication Requirements for New Developments (see, Section 313-95.1) in these regulations. (Former Section CZ#A314-7(D)(3)(b))
95.3 ACCESS PROTECTION ¶
95.3.1 Purpose. The purpose of these regulations is to insure that development permitted by the County and located within the County’s Coastal Zone does not interfere with public access acquired through use. The County, through the administration of these requirements, is not determining whether implied dedication or prescriptive rights exist. (Former Section CZ#A314-8(A))
95.3.2 Applicability. The Public Access Protection shall apply to lands located between the first public road and the sea. (Former Section CZ#A314-8(B))
95.3.3 Protection of the Accessway. Where, pursuant to the applicable review process in Chapter 2, Procedures, of these regulations, there is substantial evidence of historic public use of the accessway, and the proposed development would interfere with such public use, the following shall apply: (Former Section CZ#A314-8(C))
95.3.3.1The proposed development shall be sited and designed so as not to block or interfere with the use of such accessway; or (Former Section CZ#A314-8(C)(1))
95.3.3.2An equivalent accessway shall be provided, including dedication of an easement as described in the Access Dedication Sections - of this Code, if the applicable Resource Protection Impact Findings of Chapter 2, Procedures, Supplemental Findings (312 2.19), are made. (Equivalent accessway means public access of equivalent type, intensity, and area of use to the same destination.) (Former Section CZ#A314-8(C)(2))
95.3.4 Protection of Accessway Not Required. The requirements of subsection 313-95.3.3, shall not apply if the applicant has established that the State of California has disposed of any interest in the accessway or that there has been a final court determination that there has been no implied dedication or prescriptive use. (Former Section CZ#A314-8(D)) Your Selections
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95.1 ACCESS DEDICATION REQUIREMENTS FOR NEW DEVELOPMENTS ¶
95.1.1 Purpose. The purpose of these regulations is to specify the nature and location of development subject to coastal public access requirements, to set forth standards for the incorporation of coastal accessways into new development projects, and to prescribe the legal methods and instruments to be used in creating and making the public access dedication. (Former Section CZ#A314-6(A))
95.1.2 Applicability. These regulations shall apply to all new development containing the accessways recommended for dedication in the North Coast, Trinidad, McKinleyville, Eel River and Humboldt Bay Area Plans. For purposes of this section, “new development” shall include development as defined in Public Resources Code Section 30212. These requirements shall not apply to development located in the County’s Coastal Zone that does not require approval of a Coastal Development Permit, consistent with the Permit Requirements in Chapter 2, Procedures, of these regulations. (Former Section CZ#A314-6(B))
95.1.3 Dedication of Public Access Required. New development on parcels containing the accessways recommended for dedication in the applicable Coastal Land Use Plan shall include an irrevocable offer to dedicate an easement for public access to and along the coast, as described in subsection 313-95.1.4. (Former Section CZ#A314-6(C))
95.1.4 Dedication Procedure. ¶
95.1.4.1Prior to the issuance of a permit for development subject to these regulations, the applicant shall be required to record one (1) of the following legal documents for the provisions of coastal access as specified in the condition of approval: (Former Section CZ#A314-6(D)(1))
95.1.4.1.1 Irrevocable Offer of Dedication. The property owner shall submit a preliminary offer of dedication for public easement free of prior liens and encumbrances except tax liens. The offer shall run for a period of twenty-one years (21yr) and shall expire if not accepted by an appropriate public agency or private association, within that period. The County of Humboldt shall have the first right of refusal of the offer of dedication for a period of two (2) years. Such an offer shall be to grant and convey in perpetuity to the people of the State of California, an easement of access over and across the offeror’s property. (Former Section CZ#A314-6(D)(1)(a))
95.1.4.1.2 Outright Grant of In-fee Interest or Easement. If the size and scope of the proposed development is such that the grant of an in-fee interest or easement is appropriate, or there is an accepting agency available to accept the dedication, a grant of an in-fee interest or easement shall be required. (Former Section CZ#A314-6(D)(1)(b))
95.1.4.1.3 Deed Restrictions. A deed restriction which does not grant any ownership interest in the land proposed for public access, and whereby the land owner retains all responsibility for the improvement and maintenance of the accessway may be appropriate in the following limited types of development: (1) Large Residential Developments, (2) Planned Unit Developments, (3) Visitor Serving Facilities, and (4) Commercial Developments. Deed restrictions shall not be allowed for accessways that will require public maintenance or improvements. (Former Section CZ#A314-6(D)(1)(c))
95.1.4.2 Title Information. As a condition to the issuance of the permit, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where extensive easements are being granted. The amount of title insurance shall be estimated on the basis of what it would cost for a public agency to acquire an equivalent access. (Former Section CZ#A314-6(D)(2))
95.1.4.3 Coastal Commission Review. Copies of the documents to be recorded, the title report, and the permit shall be forwarded to the State Coastal Commission for review consistent with the requirements of Chapter 2, Procedures. of this Code. (Former Section CZ#A314-6(D)(3))
95.1.5 Guidelines for Location and Design of Accessways. The nature, location, and size of the required public accessways shall meet the following requirements: (Former Section CZ#A314-6(E))
95.1.5.1The accessway conforms with and is adequate to carry out the public access recommendations and policies of the County’s Coastal Land Use Plan; (Former Section CZ#A314-6(E)(1))
95.1.5.2Vertical Access Design Criteria: (Former Section CZ#A314-6(E)(2))
95.1.5.2.1The location should be along boundaries of property but may be re-sited, as necessary; (Former Section CZ#A314-6(E)(2)(a))
95.1.5.2.2The width should be a minimum of ten (10) feet for pedestrian use with additional width required for slope or construction easements and/or other uses; (Former Section CZ#A314-6(E)(2)(b))
95.1.5.2.3A privacy buffer between accessway and residence shall be a minimum of five (5) feet for pedestrian accessways; (Former Section CZ#A314-6(E)(2)(c))
95.1.5.2.4The accessway should extend from the first public road, trail, or use area nearest to the sea to the publicly owned tidelands or established lateral accessway. (Former Section CZ#A314-6(E)(2)(d))
95.1.5.3Lateral Access Design Criteria: (Former Section CZ#A314-6(E)(3))
95.1.5.3.1Where there is an existing accessway adjoining the proposed accessways, the location and size of the new accessway shall be the same as the adjoining accessways; (Former Section CZ#A314-6(E)(3)(a))
95.1.5.3.2Where there is a fixed landward point from which to measure (e.g. bluffline) the accessway shall be no less than twenty-five (25) feet in width seaward from the fixed landmark; or (Former Section CZ#A314-6(E)(3)(b))
95.1.5.3.3Where there are not any fixed landward points (e.g. blufflines) the accessway shall be a minimum of twenty-five (25) feet in width, and shall run from the mean high tide line of the sea to the first line of terrestrial vegetation, excepting dune areas; (Former Section CZ#A314-6(E)(3)(c)(d))
95.1.5.3.4Where there is no vertical gradient differential between major development and the accessway, a privacy buffer of fifty (50) feet shall be established as follows: (1) the first ten (10) feet from the development shall be used solely for a privacy buffer; (2) only limited uses shall be allowed between ten and twenty (20) feet from the development; and (3) only passive recreational uses shall be allowed between twenty (20) and fifty (50) feet from the development. (Former Section CZ#A314-6(E)(3)(e))
95.1.5.4 Vista Points. Where no beach area exists, but the project is proposed along a shorefront blufftop lot, public access for public viewing of the shoreline shall be required. Vista points should be accessible from a public road or from an upland public trail. (Former Section CZ#A314-6(E)(4))
95.1.5.5 Support Facilities. Where required by the Land Use Plan, areas sufficient to provide minimum support facilities shall be offered for dedication. (Former Section CZ#A314-6(E)(5))
95.1.6 Exception to Access Design Criteria. The Hearing Officer may modify the access design criteria of Section 95.1.5 for vertical and lateral accessways when strict application of these criteria would prohibit new development or cause new development to become nonconforming with respect to other development standards of these regulations. Any exception to the design criteria shall not preclude an offer of dedication for public access as required in the applicable Coastal Land Use Plan, and the exception shall be - allowed only if the applicable findings for granting exceptions of Chapter 2, Procedures, Supplemental Findings (312 2.19), can be made. (Former Section CZ#A314-6(F))
95.1.7 Required Findings. A Coastal Development Permit for construction or improvement of public accessway facilities shall be approved only if the applicable
- Resource Protection Impact Findings are made (see, Chapter 2, Section 312 39). (Former Section CZ#A314-6(G))
95.1.8 Commencement of Public Use. Dedicated accessways shall not be opened to public use until a public agency or private association that has accepted the access offered for dedication agrees to accept responsibility for maintenance and liability of the accessway, and to provide the access improvements recommended in the Land Use Plan. (Former Section CZ#A314-6(H))
95.2 ACCESS DEDICATION REQUIREMENTS FOR NEW DEVELOPMENTS IN SHELTER COVE ¶
95.2.1 Purpose. The purpose of these regulations is to specify the nature, location and appropriateness of coastal public access requirements, to set forth standards for the incorporation of coastal accessways into new development projects, and to prescribe the legal methods and instruments to be used in creating the public access dedications special to the Shelter Cove Area. (Former Section CZ#A314-7(A))
95.2.2 Applicability. The Public Access Dedication Requirements for New Development in Shelter Cove shall apply to the following areas: (Former Section CZ#A314-7(B))
95.2.2.1Lateral bluff top trail along lot Assessors Parcel numbers 111-121-25 through -31, inclusive, and Assessors Parcel numbers 111171-29 through -34, inclusive. (Former Section CZ#A314-7(B)(1))
95.2.2.2Storm Drain Easement opposite Steelhead Court. (Vertical) (Former Section CZ#A314-7(B)(2))
For purposes of this section, “new development” shall include development as defined in the California Public Resources Code Section 30212. These requirements shall not apply to development located in the County’s Coastal Zone that does not require approval of a Coastal Development Permit. (Former Section CZ#A314-7(B))
95.2.3 Dedication of Public Access Reviewed. New development on parcels containing the accessways identified for possible dedication in the Shelter Cove section of the South Coast Area Land Use Plan shall be subject to the Access Dedication Review Procedures. (Former Section CZ#A314-7(C))
95.2.4 Dedication Procedure.
95.2.4.1Prior to or upon application for a development permit the County shall consult with the following agencies and experts regarding potential provisions and management of public access at the site in question: (Former Section CZ#A314-7(D)(1))
95.2.4.1.1Representatives from the County (Planning Division and Public Works Department), (Former Section CZ#A314-7(D)(1)(a))
95.2.4.1.2Bureau of Land Management, (Former Section CZ#A314-7(D)(1)(b))
95.2.4.1.3U.S. Fish and Wildlife, (Former Section CZ#A314-7(D)(1)(c))
95.2.4.1.4California Fish and Game, (Former Section CZ#A314-7(D)(1)(d))
95.2.4.1.5California Water Quality Control, (Former Section CZ#A314-7(D)(1)(e))
95.2.4.1.6California Coastal Commission staff, (Former Section CZ#A314-7(D)(1)(f))
95.2.4.1.7A registered archaeologist, (Former Section CZ#A314-7(D)(1)(g))
95.2.4.1.8A marine biologist, (Former Section CZ#A314-7(D)(1)(h))
95.2.4.1.9Humboldt County Sheriff’s Department. (Former Section CZ#A314-7(D)(1)(i))
95.2.4.2In consulting with the groups listed in subsection 95.2.4.1, the County shall solicit information, evidence, advice, and recommendations on the following matters: (Former Section CZ#A314-7(D)(2))
95.2.4.2.1The need to regulate the time, place, and manner of public access depending on the facts and circumstances of each case, including, but not limited to: (Former Section CZ#A314-7(D)(2)(a))
95.2.4.2.1.1Topographic and geologic site characteristics; (Former Section CZ#A314-7(D)(2)(a)(i))
95.2.4.2.1.2The capacity of the site to sustain use and at what level of intensity; (Former Section CZ#A314-7(D)(2)(a)(ii))
95.2.4.2.1.3The appropriateness of limiting public access to the right to pass or repass; (Former Section CZ#A314-7(D)(2)(a)(iii))
95.2.4.2.1.4Fragile coastal bluffs; (Former Section CZ#A314-7(D)(2)(a)(iv))
95.2.4.2.1.5Fragile marine biota; (Former Section CZ#A314-7(D)(2)(a)(v))
95.2.4.2.1.6Adequacy of adjacent access; (Former Section CZ#A314-7(D)(2)(a)(vi))
95.2.4.2.1.7Risk to public safety. (Former Section CZ#A314-7(D)(2)(a)(vii))
95.2.4.2.2The County shall utilize the information, evidence, advice, and recommendations received in response to the solicitation to make a determination, in accordance with Public Resources Code Section 30214, as well as other Code sections that might apply, as to whether or not to require a dedication of access as a condition of issuing the Coastal Development Permit. (Former Section CZ#A3147(D)(2)(b))
95.2.4.3Where a dedication of access is required, it shall: (Former Section CZ#A314-7(D)(3))
95.2.4.3.1Be specific as to whether or not public access is limited to the right to pass and repass; and (Former Section CZ#A314-7(D) (3)(a))
95.2.4.3.2Be in accordance with the Access Dedication Requirements for New Developments (see, Section 313-95.1) in these regulations. (Former Section CZ#A314-7(D)(3)(b))
95.3 ACCESS PROTECTION ¶
95.3.1 Purpose. The purpose of these regulations is to insure that development permitted by the County and located within the County’s Coastal Zone does not interfere with public access acquired through use. The County, through the administration of these requirements, is not determining whether implied dedication or prescriptive rights exist. (Former Section CZ#A314-8(A))
95.3.2 Applicability. The Public Access Protection shall apply to lands located between the first public road and the sea. (Former Section CZ#A314-8(B))
95.3.3 Protection of the Accessway. Where, pursuant to the applicable review process in Chapter 2, Procedures, of these regulations, there is substantial evidence of historic public use of the accessway, and the proposed development would interfere with such public use, the following shall apply: (Former Section CZ#A314-8(C))
95.3.3.1The proposed development shall be sited and designed so as not to block or interfere with the use of such accessway; or (Former Section CZ#A314-8(C)(1))
95.3.3.2An equivalent accessway shall be provided, including dedication of an easement as described in the Access Dedication Sections - of this Code, if the applicable Resource Protection Impact Findings of Chapter 2, Procedures, Supplemental Findings (312 2.19), are made. (Equivalent accessway means public access of equivalent type, intensity, and area of use to the same destination.) (Former Section CZ#A314-8(C)(2))
95.3.4 Protection of Accessway Not Required. The requirements of subsection 313-95.3.3, shall not apply if the applicant has established that the State of California has disposed of any interest in the accessway or that there has been a final court determination that there has been no implied dedication or prescriptive use. (Former Section CZ#A314-8(D)) Your Selections
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99.1 EXCEPTIONS TO THE DEVELOPMENT STANDARDS ¶
99.1.1 Exceptions to Development Standards. The following exceptions to the development standards in this division are allowed subject to the specified limitations: (Former Section CZ#A314-15(A))
99.1.1.1 Exceptions to Height Standards. Any fence, structure, building or any architectural feature of a building may be erected to a height greater than the maximum height limits in this division provided that a Special Permit is first obtained. Such excess height, when allowed, will normally be conditioned upon proportional increases in the yards required. (Former Section CZ#A314-15(A)(1))
99.1.1.2 Exceptions to Lot Size, Lot Width and Lot Depth Standards in Residential Zones. In order to better design and cope with difficulties due to topography and other natural or man-made features, minimum lot size, minimum lot width and maximum lot depth in all zones may be modified as specified in the following table, subject to securing a Special Permit: (Former Section CZ#A314-15(A) (2))
| EXCEPTIONS TABLE | ||
| DEVELOPMENT STANDARD |
PERMITTED MODIFICATION |
LIMITATIONS |
| Minimum Lot Size | Minimum Lot Size may be modified down to a minimum of fifty percent (50%) of the required lot size, or 5,000 square feet, whichever is greater. |
Such modifications must be approved in conjunction with a subdivision or lot line adjustment. No lot created by the proposed subdivision or lot line adjustment shall exceed 1.8 times the applicable minimum lot size. Also, the total number of lots created by the subdivision shall not be more than that allowed bythe applicable zone. |
| Minimum Lot Width | Minimum Lot Width may be modified to a minimum of fifty percent (50%) of the required lot width. |
Minimum Lot Width shall not be modified below fifty feet (50'). |
| Maximum Lot Depth | Maximum Lot Depth may be modified up to a maximum of twice thatpermitted. |
Maximum Lot Depth shall not be modified to exceed eight(8)times the lot width. |
99.1.1.3 Exceptions to Yard Standards.
99.1.1.3.1 Architectural Features. Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half (2½) feet into the minimum required yard. (Former Section CZ#A314-15(A)(3)(a))
99.1.1.3.2 Uncovered Porches, Decks or Stairways. Uncovered porches, decks or stairways, fire escapes or landings may extend a maximum of six (6) feet into front or rear yards and three (3) feet into side yards. (Former Section CZ#A314-15(A)(3)(b))
99.1.1.3.3 Developed Block in a Residential Zone. In any RM, R2 or RS Zone where more than one-half of the existing and potential lots on the block are occupied with residential main buildings, the required front yard shall be the average of those of the improved sites to a maximum of that required for the zone. (Former Section CZ#A314-15(A)(3)(c))
99.1.1.3.4 Substandard Lots. Minimum yard standards for substandard lots less than two and one-half acres (2.5a) in size in RA, AE, TPZ and TC Zones shall be reduced to:
| Front | Twentyfeet(20') |
|---|---|
| Rear | Ten feet(10') |
| Interior Side | Five feet(5') |
| Exterior Side | Twentyfeet(20') |
(Former Section CZ#A314-15(A)(3)(d); Amended by Ord. 1842, Sec. 22, 8/16/88) (Ord. 2749, § 2, 10/1/2024) Your Selections
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99.1 EXCEPTIONS TO THE DEVELOPMENT STANDARDS ¶
99.1.1 Exceptions to Development Standards. The following exceptions to the development standards in this division are allowed subject to the specified limitations: (Former Section CZ#A314-15(A))
99.1.1.1 Exceptions to Height Standards. Any fence, structure, building or any architectural feature of a building may be erected to a height greater than the maximum height limits in this division provided that a Special Permit is first obtained. Such excess height, when allowed, will normally be conditioned upon proportional increases in the yards required. (Former Section CZ#A314-15(A)(1))
99.1.1.2 Exceptions to Lot Size, Lot Width and Lot Depth Standards in Residential Zones. In order to better design and cope with difficulties due to topography and other natural or man-made features, minimum lot size, minimum lot width and maximum lot depth in all zones may be modified as specified in the following table, subject to securing a Special Permit: (Former Section CZ#A314-15(A) (2))
| EXCEPTIONS TABLE | ||
| DEVELOPMENT STANDARD |
PERMITTED MODIFICATION |
LIMITATIONS |
| Minimum Lot Size | Minimum Lot Size may be modified down to a minimum of fifty percent (50%) of the required lot size, or 5,000 square feet, whichever is greater. |
Such modifications must be approved in conjunction with a subdivision or lot line adjustment. No lot created by the proposed subdivision or lot line adjustment shall exceed 1.8 times the applicable minimum lot size. Also, the total number of lots created by the subdivision shall not be more than that allowed bythe applicable zone. |
| Minimum Lot Width | Minimum Lot Width may be modified to a minimum of fifty percent (50%) of the required lot width. |
Minimum Lot Width shall not be modified below fifty feet (50'). |
| Maximum Lot Depth | Maximum Lot Depth may be modified up to a maximum of twice thatpermitted. |
Maximum Lot Depth shall not be modified to exceed eight(8)times the lot width. |
99.1.1.3 Exceptions to Yard Standards.
99.1.1.3.1 Architectural Features. Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half (2½) feet into the minimum required yard. (Former Section CZ#A314-15(A)(3)(a))
99.1.1.3.2 Uncovered Porches, Decks or Stairways. Uncovered porches, decks or stairways, fire escapes or landings may extend a maximum of six (6) feet into front or rear yards and three (3) feet into side yards. (Former Section CZ#A314-15(A)(3)(b))
99.1.1.3.3 Developed Block in a Residential Zone. In any RM, R2 or RS Zone where more than one-half of the existing and potential lots on the block are occupied with residential main buildings, the required front yard shall be the average of those of the improved sites to a maximum of that required for the zone. (Former Section CZ#A314-15(A)(3)(c))
99.1.1.3.4 Substandard Lots. Minimum yard standards for substandard lots less than two and one-half acres (2.5a) in size in RA, AE, TPZ and TC Zones shall be reduced to:
| Front | Twentyfeet(20') |
|---|---|
| Rear | Ten feet(10') |
| Interior Side | Five feet(5') |
| Exterior Side | Twentyfeet(20') |
(Former Section CZ#A314-15(A)(3)(d); Amended by Ord. 1842, Sec. 22, 8/16/88) (Ord. 2749, § 2, 10/1/2024) Your Selections
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103.1 INDUSTRIAL PERFORMANCE STANDARDS
103.1.1 Purpose. The purpose of these regulations is to establish minimum standards for the operation of industrial development in Humboldt County. (Former Section CZ#A314-18(A))
103.1.2 Applicability. The provisions of this section shall apply to all of the Industrial use types. (Former Section CZ#A314-18(B))
103.1.3Standards for Industrial Development that Impact Residential Zones. (Former Section CZ#A314-18(C))
103.1.3.1 Noise. All noise generating operations shall be buffered so that they do not exceed the exterior ambient noise level by more than 5 dB(A). (Former Section CZ#A314-18(C)(1))
103.1.3.2 Lights. All lights shall be directed on-site and shielded to reduce glare to adjacent residential areas. (Former Section CZ#A314-18(C)(2))
103.1.3.3 Traffic. New development shall demonstrate that it will not substantially increase truck traffic on residential streets. (Former Section CZ#A314-18(C)(3))
103.1.3.4 Vibrations. No perceptible vibrations shall be permitted off the building site. (Former Section CZ#A314-18(C)(4))
103.1.3.5 Electronic Interference. No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section CZ#A314-18(C)(5))
103.1.3.6 Dust Control. All areas used for parking, traffic circulation and material storage shall be surfaced with asphalt concrete. (Former Section CZ#A314-18(C)(6))
103.1.3.7All manufacturing and fabricating areas shall be enclosed in buildings. (Former Section CZ#A314-18(C)(7))
103.1.3.8All equipment and materials storage areas adjacent to any residential zone shall be screened by walls, fences, or adequate plantings to a height of not less than six (6) feet, and said fencing and plantings shall conform to all yard requirements. (Former Section CZ#A314-18(C)(8))
103.1.4Standards for Industrial Development that Impact Nonresidential Zones. (Former Section CZ#A314-18(D))
103.1.4.1 Noise. Mitigation measures shall be required where necessary to insure that noise generated by industrial operations does not exceed 70 dB(A) anywhere off the site. (Former Section CZ#A314-18(D)(1))
103.1.4.2 Lights. No restrictions. (Former Section CZ#A314-18(D)(2))
103.1.4.3 Traffic. No restrictions. (Former Section CZ#A314-18(D)(3))
103.1.4.4 Vibrations. No perceptible vibrations shall be permitted to interfere with adjacent land uses. (Former Section CZ#A31418(D)(4))
103.1.4.5 Electronic Interference. No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section CZ#A314-18(D)(5))
103.1.4.6All manufacturing and fabricating areas shall be enclosed in buildings. (Former Section CZ#A314-18(D)(6))
103.1.5 Modifications to Industrial Performance Standards. The Hearing Officer may modify any of the Industrial Performance Standards during review of a Use Permit for an industrial development. However, the Hearing Officer shall set, as a condition of the Use Permit, new minimum performance standards to replace those modified. (Former Section CZ#A314-18(E)
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103.1 INDUSTRIAL PERFORMANCE STANDARDS
103.1.1 Purpose. The purpose of these regulations is to establish minimum standards for the operation of industrial development in Humboldt County. (Former Section CZ#A314-18(A))
103.1.2 Applicability. The provisions of this section shall apply to all of the Industrial use types. (Former Section CZ#A314-18(B))
103.1.3Standards for Industrial Development that Impact Residential Zones. (Former Section CZ#A314-18(C))
103.1.3.1 Noise. All noise generating operations shall be buffered so that they do not exceed the exterior ambient noise level by more than 5 dB(A). (Former Section CZ#A314-18(C)(1))
103.1.3.2 Lights. All lights shall be directed on-site and shielded to reduce glare to adjacent residential areas. (Former Section CZ#A314-18(C)(2))
103.1.3.3 Traffic. New development shall demonstrate that it will not substantially increase truck traffic on residential streets. (Former Section CZ#A314-18(C)(3))
103.1.3.4 Vibrations. No perceptible vibrations shall be permitted off the building site. (Former Section CZ#A314-18(C)(4))
103.1.3.5 Electronic Interference. No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section CZ#A314-18(C)(5))
103.1.3.6 Dust Control. All areas used for parking, traffic circulation and material storage shall be surfaced with asphalt concrete. (Former Section CZ#A314-18(C)(6))
103.1.3.7All manufacturing and fabricating areas shall be enclosed in buildings. (Former Section CZ#A314-18(C)(7))
103.1.3.8All equipment and materials storage areas adjacent to any residential zone shall be screened by walls, fences, or adequate plantings to a height of not less than six (6) feet, and said fencing and plantings shall conform to all yard requirements. (Former Section CZ#A314-18(C)(8))
103.1.4Standards for Industrial Development that Impact Nonresidential Zones. (Former Section CZ#A314-18(D))
103.1.4.1 Noise. Mitigation measures shall be required where necessary to insure that noise generated by industrial operations does not exceed 70 dB(A) anywhere off the site. (Former Section CZ#A314-18(D)(1))
103.1.4.2 Lights. No restrictions. (Former Section CZ#A314-18(D)(2))
103.1.4.3 Traffic. No restrictions. (Former Section CZ#A314-18(D)(3))
103.1.4.4 Vibrations. No perceptible vibrations shall be permitted to interfere with adjacent land uses. (Former Section CZ#A31418(D)(4))
103.1.4.5 Electronic Interference. No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section CZ#A314-18(D)(5))
103.1.4.6All manufacturing and fabricating areas shall be enclosed in buildings. (Former Section CZ#A314-18(D)(6))
103.1.5 Modifications to Industrial Performance Standards. The Hearing Officer may modify any of the Industrial Performance Standards during review of a Use Permit for an industrial development. However, the Hearing Officer shall set, as a condition of the Use Permit, new minimum performance standards to replace those modified. (Former Section CZ#A314-18(E)
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104.1 INTERIM USES IN THE INDUSTRIAL/COASTAL-DEPENDENT ZONE PERFORMANCE STANDARDS
104.1.1 Purpose. There is a substantial inventory of vacant and underutilized land zoned MC: Coastal-Dependent Industrial around Humboldt Bay. Until such time as there is a higher demand for the use of MC zoned land for its designated purpose of supporting coastal-dependent industrial uses, defined as uses which require a maintained navigable channel to function, it is desirable and beneficial to generate revenues that can be used to maintain and improve infrastructure for future coastal-dependent industrial use. This is accomplished by increasing the variety of conditionally permitted uses in the MC Zone district by allowing noncoastaldependent interim uses, thereby increasing the potential for the use of vacant and underutilized MC zoned land.
function, it is desirable and beneficial to generate revenues that can be used to maintain and improve infrastructure for future coastal-dependent industrial use. This is accomplished by increasing the variety of conditionally permitted uses in the MC Zone district by allowing noncoastaldependent interim uses, thereby increasing the potential for the use of vacant and underutilized MC zoned land.
The purpose of these regulations is to establish minimum standards for interim noncoastal-dependent development in the MC Zone district while simultaneously protecting the current and long term use of MC zoned land for coastal-dependent industrial use as defined in 104.1.3.1 below, and other priority uses conditionally permitted in the MC Zone district including coastal-dependent recreation, coastal-related, and coastal access facilities as defined in Section D: Use Types, Part 2: Glossary of Use Types, of the Coastal Zoning Regulations (hereinafter “other priority use” or “other priority uses”). To allow greater use of underutilized MC zoned lands, certain uses allowed in the ML-Light Industrial and MG-Industrial General Zone districts not otherwise allowed in the MC Zone district may be allowed in the MC district as conditionally permitted interim uses (“interim uses”) subject to the following performance standards which avoid detrimental impacts to the long term coastal-dependent industrial use, or other priority use, of MC zoned lands.
104.1.2 Applicability. The provisions of this section shall apply to all qualified interim uses in the MC Zone district. Certain uses included under the various Interim Conditionally Permitted Use Types in Section 313-3.4 of the Coastal Zoning Regulations would not qualify as allowable interim uses at the outset due to their inability to be removed or relocated in a feasible manner. Uses that would not plausibly qualify as interim uses include, but are not limited to, most of the Extensive Impact Civic Uses with the possible exception (where structures that may be needed are either existing or removable) of helistops, publicly operated parking garages, bus depots, and sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; and automobile gas or filling stations under Retail Service Uses.
104.1.3 Performance Standards.
104.1.3.1In order to avoid detrimental impacts to coastal-dependent industrial uses, including public docks; water-borne carrier import and export operations; ship building and boat repair; commercial fishing facilities, including storage and work areas, berthing and fish receiving, and fish processing for human consumption; marine oil terminals; Outer Continental Shelf service or supply bases; ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities; and aquaculture and aquaculture support facilities; and in order to avoid detrimental impacts to other priority uses, interim uses shall do all of the following:
104.1.3.1.1be compatible with, and not interfere with, the operation of existing onsite and offsite coastal-dependent industrial uses or other priority uses;
104.1.3.1.2allow the site where they are located to be converted back to a coastal-dependent industrial use when the site is needed for such use;
104.1.3.1.3use existing improvements where feasible;
104.1.3.1.4in addition to complying with subsection 104.1.3.3, be located in the areas least likely to be required by a future coastaldependent industrial use or other priority use on a particular site to the extent feasible;
104.1.3.1.5only provide those site improvements that are nonpermanent, and removable or relocatable in a feasible manner, or such improvements that would preserve or enhance the utility of the project site for future coastal-dependent industrial use, if new improvements are required; and
104.1.3.1.6not inhibit the eventual use of MC zoned land for coastal-dependent industrial use or other priority use.
104.1.3.2Compliance with Section 104.1.3.1 shall be determined considering at a minimum all of the following factors:
104.1.3.2.1the amount of area required for an interim use;
104.1.3.2.2the type, intensity and location of the interim use;
104.1.3.2.3maintenance of priority access to roads, bay frontage and infrastructure for existing coastal-dependent industrial uses or other priority uses.
104.1.3.2.4the priority rating of the site for coastal dependent industrial development pursuant to section 3.14.B.3.a. of the Humboldt Bay Area Plan;
104.1.3.2.5the current and projected level of demand for coastal-dependent industrial uses, and the land and infrastructure available to accommodate the demand, as determined in consultation with appropriate public and private agencies or organizations, and appropriate publications;
104.1.3.2.6the cost and amortization period of investments associated with the proposed use; and
104.1.3.2.7the lead time necessary to return the site to coastal-dependent industrial use.
104.1.3.3Interim uses do not have the priority status of coastal-dependent industrial uses or other priority uses, shall be located in upland areas, shall not be allowed to fill wetlands or coastal waters, shall be located at least one hundred (100) feet from environmentally sensitive habitat areas, and shall not be located on any dock or within one hundred (100) feet of a dock as measured from the center of the dock at the point where the dock joins the shore.
104.1.3.4Interim uses shall require both a use permit and coastal development permit, the terms of which shall coincide, and shall be subject to the following standards:
104.1.3.4.1The Hearing Officer shall set the term for the permits, which shall normally be between one (1) and seven (7) years. The permit term shall be set in consideration of the factors listed in section 104.1.3.2 so as to provide a viable time frame for an interim use while avoiding impacts to long term coastal-dependent industrial uses and other priority uses.
104.1.3.4.2The permit term for interim uses shall be limited to two (2) years if any of the following occur: (a) if 340 acres of MC-zoned land is occupied by interim uses authorized by County-issued coastal development permits, the permit term for any subsequent interim use authorized by a County-issued coastal development permit on such lands shall be no more than two years; or (b) if 170 acres of MC-zoned land that either currently supports or has supported coastal-dependent industrial development is occupied by interim uses authorized by County-issued coastal development permits, the permit term for any subsequent interim use authorized by a County-issued coastal development permit on such lands shall be no more than two years.
104.1.3.4.3A term of between one (1) and three (3) additional years above the maximum seven (7) years (for a total term not to exceed ten (10) years) may be considered under limited circumstances, but shall not be considered for interim uses subject to the permit term established by 104.1.3.4.2. In addition to the factors provided in section 104.1.3.2, the longer term may be considered for:
104.1.3.4.3.1interim uses that can coexist with existing or future coastal-dependent industrial uses and other priority uses.
104.1.3.4.3.2interim uses that provide structural repair, maintenance or upgrades of existing infrastructure, or install new infrastructure, that supports coastal-dependent industrial uses.
104.1.3.4.5The existence of a use permit and coastal development permit for an interim use shall not prevent the application for and approval of any required land use permits for a non-interim principally or conditionally permitted use in the MC Zone district for the same parcel, even if for the same location on the parcel, subject to the condition that the permits for any non-interim use that would conflict with an interim use shall not become effective until the expiration of the interim use permit term set by the Hearing Officer, the abandonment of the interim use during the permit term of the interim use, or the rescission of the lease for the interim use and the removal or relocation of the interim use in accordance with Section 104.1.3.10.
104.1.3.5An interim use permit and coastal development permit shall not confer any land use entitlement or property right to the holder of the permits beyond the permit expiration date set forth in the use permit and coastal development permit. Interim permits shall expire at the end of the term set by the Hearing Officer, at which time they become null and void. Interim uses shall cease operation and all permitted development not authorized to remain by permit shall be removed by the permit expiration date. Issuance of a new use permit and coastal development permit prior to the expiration date of the existing use permit and coastal development permit authorizing the interim use shall be required in order to continue an interim use uninterrupted beyond the expiration date of the existing permit.
permitted development not authorized to remain by permit shall be removed by the permit expiration date. Issuance of a new use permit and coastal development permit prior to the expiration date of the existing use permit and coastal development permit authorizing the interim use shall be required in order to continue an interim use uninterrupted beyond the expiration date of the existing permit.
104.1.3.6An interim use must commence within one (1) year after all applicable appeal periods have lapsed. Extensions of the initial permit vesting period (the period by which the interim use must begin) may be approved in accordance with Section 312-11.3 of the Zoning Ordinance (“Extension of a Permit or Variance”).
104.1.3.7Interim uses shall utilize existing improvements where feasible. If new improvements are required, they shall be nonpermanent, and removable or relocatable in a feasible manner, or shall be improvements that would preserve or enhance the utility of the project site for future coastal-dependent industrial use. A project site shall be restored to pre-project condition, or to a condition that would preserve or enhance the project site for future coastal-dependent industrial use, on or before the expiration date of a use permit and coastal development permit for an interim use. An application for a use permit and coastal development permit for interim uses shall include a plan detailing how and when the project site will be restored. A bond in the amount necessary to complete the required restoration may be required at the discretion of the Hearing Officer.
104.1.3.8Prior to any development occurring that is authorized by an interim use permit and coastal development permit, a Development Plan shall be submitted for review and approval by the Planning Director, and a Notice of Development Plan shall be recorded on all properties where the interim use permit will be located. The Development Plan shall identify the term and all other applicable development restrictions that apply to the interim use, including the plan for restoring the project site to pre-project condition, or to a condition that would preserve or enhance the project site for future coastal-dependent industrial use.
104.1.3.9Coastal-dependent industrial uses and other priority uses are considered priority uses pursuant to the County’s Local Coastal Program and California Coastal Act and as such, shall be given priority over interim uses in evaluating potential land use conflicts between the two uses. Operation of coastal-dependent industrial uses or other priority uses in conformance with all applicable laws and regulations shall not constitute a nuisance pursuant to the Humboldt County Code of Regulations.
ant to the County’s Local Coastal Program and California Coastal Act and as such, shall be given priority over interim uses in evaluating potential land use conflicts between the two uses. Operation of coastal-dependent industrial uses or other priority uses in conformance with all applicable laws and regulations shall not constitute a nuisance pursuant to the Humboldt County Code of Regulations.
104.1.3.10Any lease for an interim use shall include a provision for rescission of the lease and mandatory relocation or removal of the interim use within six (6) months in the event a coastal-dependent industrial use or other priority use is identified by the property owner for the space occupied by an interim use on terms acceptable to the property owner. A copy of the lease showing compliance with this provision shall be provided to the Planning Division prior to permit issuance. A property owner may exercise the lease rescission provision if a coastal-dependent industrial use or other priority use attempting to occupy the site would be prohibited from doing so due to the existence of one (1) or more interim uses.
104.1.3.11The Coastal-Dependent Industrial Development regulations contained in Section 313-45.1 of the Coastal Zoning Regulations shall continue to apply to coastal-dependent industrial development in the MC Zone district, but shall not apply to noncoastaldependent industrial interim uses.
104.1.3.12The Industrial Performance Standards as provided in Section 313-103.1 of the Coastal Zoning Regulations shall apply to all Interim Conditionally Permitted Uses.
104.1.3.13An interim use must demonstrate the ability to comply with all applicable policies of the Humboldt Bay Area Plan, including, but not limited to, development policies related to adequacy of services and adequacy of facilities for the treatment and disposal of wastewater discharges for both domestic and non-domestic wastewater (Section 3.14-B-1 of the Humboldt Bay Area Plan).
104.1.4 Findings. In addition to the required findings for all permits and variances pursuant to Chapter 2, Section 312-17 of the Humboldt County Zoning Regulations, the Hearing Officer may approve or conditionally approve an application for an interim use permit and coastal development permit only if a finding can be made that the interim use does not have a detrimental impact on existing coastal-dependent industrial uses or other priority uses, nor on the future long term use of MC zoned land for coastaldependent industrial uses or other priority uses.
104.1.5 Tribal Cultural Resources. Ground disturbing activities will require review by local Native American tribes and may require a record search, a site visit, and/or an archaeological survey for Tribal cultural resources during the permitting process. If a likelihood of significant resources is identified, project redesign, mitigation, and/or monitoring during ground disturbing activities may be required for areas considered sensitive.
104.1.6 Future Applicability. If the County undertakes a reduction of MC zoned land, the continued applicability of these standards shall be reviewed in conjunction with that LCP amendment. Your Selections
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104.1 INTERIM USES IN THE INDUSTRIAL/COASTAL-DEPENDENT ZONE PERFORMANCE STANDARDS
104.1.1 Purpose. There is a substantial inventory of vacant and underutilized land zoned MC: Coastal-Dependent Industrial around Humboldt Bay. Until such time as there is a higher demand for the use of MC zoned land for its designated purpose of supporting coastal-dependent industrial uses, defined as uses which require a maintained navigable channel to function, it is desirable and beneficial to generate revenues that can be used to maintain and improve infrastructure for future coastal-dependent industrial use. This is accomplished by increasing the variety of conditionally permitted uses in the MC Zone district by allowing noncoastaldependent interim uses, thereby increasing the potential for the use of vacant and underutilized MC zoned land.
The purpose of these regulations is to establish minimum standards for interim noncoastal-dependent development in the MC Zone district while simultaneously protecting the current and long term use of MC zoned land for coastal-dependent industrial use as defined in 104.1.3.1 below, and other priority uses conditionally permitted in the MC Zone district including coastal-dependent recreation, coastal-related, and coastal access facilities as defined in Section D: Use Types, Part 2: Glossary of Use Types, of the Coastal Zoning Regulations (hereinafter “other priority use” or “other priority uses”). To allow greater use of underutilized MC zoned lands, certain uses allowed in the ML-Light Industrial and MG-Industrial General Zone districts not otherwise allowed in the MC Zone district may be allowed in the MC district as conditionally permitted interim uses (“interim uses”) subject to the following performance standards which avoid detrimental impacts to the long term coastal-dependent industrial use, or other priority use, of MC zoned lands.
104.1.2 Applicability. The provisions of this section shall apply to all qualified interim uses in the MC Zone district. Certain uses included under the various Interim Conditionally Permitted Use Types in Section 313-3.4 of the Coastal Zoning Regulations would not qualify as allowable interim uses at the outset due to their inability to be removed or relocated in a feasible manner. Uses that would not plausibly qualify as interim uses include, but are not limited to, most of the Extensive Impact Civic Uses with the possible exception (where structures that may be needed are either existing or removable) of helistops, publicly operated parking garages, bus depots, and sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; and automobile gas or filling stations under Retail Service Uses.
104.1.3 Performance Standards.
104.1.3.1In order to avoid detrimental impacts to coastal-dependent industrial uses, including public docks; water-borne carrier import and export operations; ship building and boat repair; commercial fishing facilities, including storage and work areas, berthing and fish receiving, and fish processing for human consumption; marine oil terminals; Outer Continental Shelf service or supply bases; ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities; and aquaculture and aquaculture support facilities; and in order to avoid detrimental impacts to other priority uses, interim uses shall do all of the following:
104.1.3.1.1be compatible with, and not interfere with, the operation of existing onsite and offsite coastal-dependent industrial uses or other priority uses;
104.1.3.1.2allow the site where they are located to be converted back to a coastal-dependent industrial use when the site is needed for such use;
104.1.3.1.3use existing improvements where feasible;
104.1.3.1.4in addition to complying with subsection 104.1.3.3, be located in the areas least likely to be required by a future coastaldependent industrial use or other priority use on a particular site to the extent feasible;
104.1.3.1.5only provide those site improvements that are nonpermanent, and removable or relocatable in a feasible manner, or such improvements that would preserve or enhance the utility of the project site for future coastal-dependent industrial use, if new improvements are required; and
104.1.3.1.6not inhibit the eventual use of MC zoned land for coastal-dependent industrial use or other priority use.
104.1.3.2Compliance with Section 104.1.3.1 shall be determined considering at a minimum all of the following factors:
104.1.3.2.1the amount of area required for an interim use;
104.1.3.2.2the type, intensity and location of the interim use;
104.1.3.2.3maintenance of priority access to roads, bay frontage and infrastructure for existing coastal-dependent industrial uses or other priority uses.
104.1.3.2.4the priority rating of the site for coastal dependent industrial development pursuant to section 3.14.B.3.a. of the Humboldt Bay Area Plan;
104.1.3.2.5the current and projected level of demand for coastal-dependent industrial uses, and the land and infrastructure available to accommodate the demand, as determined in consultation with appropriate public and private agencies or organizations, and appropriate publications;
104.1.3.2.6the cost and amortization period of investments associated with the proposed use; and
104.1.3.2.7the lead time necessary to return the site to coastal-dependent industrial use.
104.1.3.3Interim uses do not have the priority status of coastal-dependent industrial uses or other priority uses, shall be located in upland areas, shall not be allowed to fill wetlands or coastal waters, shall be located at least one hundred (100) feet from environmentally sensitive habitat areas, and shall not be located on any dock or within one hundred (100) feet of a dock as measured from the center of the dock at the point where the dock joins the shore.
ependent industrial uses or other priority uses, shall be located in upland areas, shall not be allowed to fill wetlands or coastal waters, shall be located at least one hundred (100) feet from environmentally sensitive habitat areas, and shall not be located on any dock or within one hundred (100) feet of a dock as measured from the center of the dock at the point where the dock joins the shore.
104.1.3.4Interim uses shall require both a use permit and coastal development permit, the terms of which shall coincide, and shall be subject to the following standards:
104.1.3.4.1The Hearing Officer shall set the term for the permits, which shall normally be between one (1) and seven (7) years. The permit term shall be set in consideration of the factors listed in section 104.1.3.2 so as to provide a viable time frame for an interim use while avoiding impacts to long term coastal-dependent industrial uses and other priority uses.
104.1.3.4.2The permit term for interim uses shall be limited to two (2) years if any of the following occur: (a) if 340 acres of MC-zoned land is occupied by interim uses authorized by County-issued coastal development permits, the permit term for any subsequent interim use authorized by a County-issued coastal development permit on such lands shall be no more than two years; or (b) if 170 acres of MC-zoned land that either currently supports or has supported coastal-dependent industrial development is occupied by interim uses authorized by County-issued coastal development permits, the permit term for any subsequent interim use authorized by a County-issued coastal development permit on such lands shall be no more than two years.
104.1.3.4.3A term of between one (1) and three (3) additional years above the maximum seven (7) years (for a total term not to exceed ten (10) years) may be considered under limited circumstances, but shall not be considered for interim uses subject to the permit term established by 104.1.3.4.2. In addition to the factors provided in section 104.1.3.2, the longer term may be considered for:
104.1.3.4.3.1interim uses that can coexist with existing or future coastal-dependent industrial uses and other priority uses.
104.1.3.4.3.2interim uses that provide structural repair, maintenance or upgrades of existing infrastructure, or install new infrastructure, that supports coastal-dependent industrial uses.
104.1.3.4.5The existence of a use permit and coastal development permit for an interim use shall not prevent the application for and approval of any required land use permits for a non-interim principally or conditionally permitted use in the MC Zone district for the same parcel, even if for the same location on the parcel, subject to the condition that the permits for any non-interim use that would conflict with an interim use shall not become effective until the expiration of the interim use permit term set by the Hearing Officer, the abandonment of the interim use during the permit term of the interim use, or the rescission of the lease for the interim use and the removal or relocation of the interim use in accordance with Section 104.1.3.10.
the permits for any non-interim use that would conflict with an interim use shall not become effective until the expiration of the interim use permit term set by the Hearing Officer, the abandonment of the interim use during the permit term of the interim use, or the rescission of the lease for the interim use and the removal or relocation of the interim use in accordance with Section 104.1.3.10.
104.1.3.5An interim use permit and coastal development permit shall not confer any land use entitlement or property right to the holder of the permits beyond the permit expiration date set forth in the use permit and coastal development permit. Interim permits shall expire at the end of the term set by the Hearing Officer, at which time they become null and void. Interim uses shall cease operation and all permitted development not authorized to remain by permit shall be removed by the permit expiration date. Issuance of a new use permit and coastal development permit prior to the expiration date of the existing use permit and coastal development permit authorizing the interim use shall be required in order to continue an interim use uninterrupted beyond the expiration date of the existing permit.
104.1.3.6An interim use must commence within one (1) year after all applicable appeal periods have lapsed. Extensions of the initial permit vesting period (the period by which the interim use must begin) may be approved in accordance with Section 312-11.3 of the Zoning Ordinance (“Extension of a Permit or Variance”).
104.1.3.7Interim uses shall utilize existing improvements where feasible. If new improvements are required, they shall be nonpermanent, and removable or relocatable in a feasible manner, or shall be improvements that would preserve or enhance the utility of the project site for future coastal-dependent industrial use. A project site shall be restored to pre-project condition, or to a condition that would preserve or enhance the project site for future coastal-dependent industrial use, on or before the expiration date of a use permit and coastal development permit for an interim use. An application for a use permit and coastal development permit for interim uses shall include a plan detailing how and when the project site will be restored. A bond in the amount necessary to complete the required restoration may be required at the discretion of the Hearing Officer.
104.1.3.8Prior to any development occurring that is authorized by an interim use permit and coastal development permit, a Development Plan shall be submitted for review and approval by the Planning Director, and a Notice of Development Plan shall be recorded on all properties where the interim use permit will be located. The Development Plan shall identify the term and all other applicable development restrictions that apply to the interim use, including the plan for restoring the project site to pre-project condition, or to a condition that would preserve or enhance the project site for future coastal-dependent industrial use.
Plan shall be recorded on all properties where the interim use permit will be located. The Development Plan shall identify the term and all other applicable development restrictions that apply to the interim use, including the plan for restoring the project site to pre-project condition, or to a condition that would preserve or enhance the project site for future coastal-dependent industrial use.
104.1.3.9Coastal-dependent industrial uses and other priority uses are considered priority uses pursuant to the County’s Local Coastal Program and California Coastal Act and as such, shall be given priority over interim uses in evaluating potential land use conflicts between the two uses. Operation of coastal-dependent industrial uses or other priority uses in conformance with all applicable laws and regulations shall not constitute a nuisance pursuant to the Humboldt County Code of Regulations.
104.1.3.10Any lease for an interim use shall include a provision for rescission of the lease and mandatory relocation or removal of the interim use within six (6) months in the event a coastal-dependent industrial use or other priority use is identified by the property owner for the space occupied by an interim use on terms acceptable to the property owner. A copy of the lease showing compliance with this provision shall be provided to the Planning Division prior to permit issuance. A property owner may exercise the lease rescission provision if a coastal-dependent industrial use or other priority use attempting to occupy the site would be prohibited from doing so due to the existence of one (1) or more interim uses.
104.1.3.11The Coastal-Dependent Industrial Development regulations contained in Section 313-45.1 of the Coastal Zoning Regulations shall continue to apply to coastal-dependent industrial development in the MC Zone district, but shall not apply to noncoastaldependent industrial interim uses.
104.1.3.12The Industrial Performance Standards as provided in Section 313-103.1 of the Coastal Zoning Regulations shall apply to all Interim Conditionally Permitted Uses.
104.1.3.13An interim use must demonstrate the ability to comply with all applicable policies of the Humboldt Bay Area Plan, including, but not limited to, development policies related to adequacy of services and adequacy of facilities for the treatment and disposal of wastewater discharges for both domestic and non-domestic wastewater (Section 3.14-B-1 of the Humboldt Bay Area Plan).
104.1.4 Findings. In addition to the required findings for all permits and variances pursuant to Chapter 2, Section 312-17 of the Humboldt County Zoning Regulations, the Hearing Officer may approve or conditionally approve an application for an interim use permit and coastal development permit only if a finding can be made that the interim use does not have a detrimental impact on existing coastal-dependent industrial uses or other priority uses, nor on the future long term use of MC zoned land for coastaldependent industrial uses or other priority uses.
ons, the Hearing Officer may approve or conditionally approve an application for an interim use permit and coastal development permit only if a finding can be made that the interim use does not have a detrimental impact on existing coastal-dependent industrial uses or other priority uses, nor on the future long term use of MC zoned land for coastaldependent industrial uses or other priority uses.
104.1.5 Tribal Cultural Resources. Ground disturbing activities will require review by local Native American tribes and may require a record search, a site visit, and/or an archaeological survey for Tribal cultural resources during the permitting process. If a likelihood of significant resources is identified, project redesign, mitigation, and/or monitoring during ground disturbing activities may be required for areas considered sensitive.
104.1.6 Future Applicability. If the County undertakes a reduction of MC zoned land, the continued applicability of these standards shall be reviewed in conjunction with that LCP amendment. Your Selections
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106.1 AGRICULTURE EXCLUSIVE SIXTY ACRE MINIMUM (AE-60) LAND DIVISION
106.1.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-60 on the County Zoning Maps. (Former Section CZ#A314-19.2(A))
106.1.2 General Provisions. Division of lands zoned AE-60 acres shall not be permitted, except that division of lands to a minimum size of twenty acres (20a) may be permitted subject to the regulations of this section and the Transitional Agricultural Land regulations. (Former Section CZ#A314-19.2(B))
106.1.3 Required Conditions for Approval of Land Divisions Creating Substandard Parcels. A subdivision creating an agricultural parcel of less than sixty acres (60a) may be approved only upon satisfaction of all the following conditions. (Former Section CZ#A31419.2(C))
106.1.3.1Execution of a Land Conservation Contract (Williamson Act contract) with the County; (Former Section CZ#A314-19.2(C)(1))
106.1.3.2Acknowledgment in a recorded conveyance and agreement, recorded on the title, to the effect that although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and that no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; and (Former Section CZ#A314-19.2(C)(2))
106.1.3.3Rezoning of any substandard parcel to AE-20. (Former Section CZ#A314-19.2(C)(3))
106.1.4 Required Findings. In addition to the requirements and conditions of this section, the Hearing Officer may approve a division of AE-60 land of less than sixty acres (60a), to a minimum size of twenty acres (20a), if the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.2(D))
106.2 AGRICULTURE EXCLUSIVE ONE HUNDRED SIXTY ACRE MINIMUM (AE-160) LAND DIVISION
106.2.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-160 on the County Zoning Maps. (Former Section CZ#A314-19.3(A))
106.2.2 General Provisions. Division of land zoned AE-160, which would create any parcel of less than 160 acres, shall not be permitted, except that division of land creating smaller parcels may be permitted provided the following requirements are all met: (Former Section CZ#A314-19.3(B))
106.2.2.1The average parcel size shall be no smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(1))
106.2.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than two and one-half acres (2.5a), and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.3(B)(2))
106.2.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(3))
106.2.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 160 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.3(C))
106.2.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.3(C)(1))
106.2.3.2Acknowledgment either on the parcel map or in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; (Former Section CZ#A314-19.3(C)(2))
106.2.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands. (Former Section CZ#A314-19.3(C)(3))
106.2.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-160 land of less than 160 acres if all the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.3(D))
106.3 AGRICULTURE EXCLUSIVE SIX (6) HUNDRED ACRE MINIMUM (AE-600) LAND DIVISION
106.3.1 Applicability. The Coastal AE-600 Land Division Requirements shall apply to lands located within the County’s Coastal Zone designated AE-600 on the County Zoning Maps. (Former Section CZ#A314-19.4(A))
106.3.2 General Provisions. Division of land zoned AE-600, which would create any parcel of less than 600 acres, shall not be permitted, except that divisions of land creating smaller parcels may be permitted provided the following requirements are met: (Former Section CZ#A314-19.4(B))
106.3.2.1The average parcel size shall be no smaller than 160 acres. (Former Section CZ#A314-19.4(B)(1))
106.3.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than five (5) acres, and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.4(B)(2))
106.3.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than 160 acres. (Former Section CZ#A314-19.4(B)(3))
106.3.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 600 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.4(C))
106.3.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.4(C)(1))
106.3.3.2Acknowledgment in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; or (Former Section CZ#A314-19.4(C)(2))
106.3.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands; (Former Section CZ#A314-19.4(C)(3))
106.3.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-600 land of less than 600 acres if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.4(D))
106.4 COASTAL RECREATIONAL (CR) LAND DIVISION
106.4.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated CR-Coastal Recreation on the County Zoning Maps. (Former Section CZ#A314-19.6(A))
106.4.2 Required Conditions. Conditions of approval for division of lands designated CR shall include the following: (Former Section CZ#A314-19.6(B))
106.4.2.1No conversion from commercial recreational use shall be permitted in the future; and (Former Section CZ#A314-19.6(B)(1))
106.4.2.2Acknowledgment, in a recorded conveyance and agreement within the chain of title, to the effect that the parcel was created for recreational purpose(s) only. (Former Section CZ#A314-19.6(B)(2))
106.4.3 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of CR land if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.6(C))
106.5 RURAL RESIDENTIAL AGRICULTURE (RA) LAND DIVISION
106.5.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated for Rural Residential Agriculture (RA). (Former Section CZ#A314-19.1(A))
106.5.2 Land Division Criteria. Land divisions in coastal areas zoned RA shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6 COMMERCIAL TIMBER (TC) AND TIMBER PRODUCTION ZONE (TPZ) LAND DIVISION
106.6.1 Applicability. These regulations shall apply to all lands located within the County’s Coastal Zone designated TC or TPZ on the County Zoning Maps. (Former Section CZ#A314-19.5(A))
106.6.2 General Provisions. Any division of timberlands which create parcels of less than forty acres (40a) shall not be permitted, except sites for timber processing and related facilities where the remainder parcel stays in the original zone. (Former Section CZ#A314-19.5(B))
106.6.3 Required Conditions for Approval of Land Division. The subdivision of timberlands of less than 160 acres shall be approved only upon the preparation and approval of a joint timber management plan, as required pursuant to Government Code Section 51100 and following, which shall also provide for: (Former Section CZ#A314-19.5(C))
106.6.3.1 Restocking. Including stocking to minimum levels described by the District Forest Practices Rules; (Former Section CZ#A314-19.5(C)(1))
106.6.3.2 Access. That will insure joint use by all persons with interests in the parcels subject to the management plan of access roads, log landings, and similar facilities. Deeded access routes are required; (Former Section CZ#A314-19.5(C)(2))
106.6.3.3 Statement of Purpose and Intent of Management. Including scope and intensity of management for both the timber and compatible uses; (Former Section CZ#A314-19.5(C)(3))
106.6.3.4 Topography and Physical Features. Including site classes and soil types; (Former Section CZ#A314-19.5(C)(4))
106.6.3.5 Timber Inventory. Including species, age classes, stocking levels, volume and growth; (Former Section CZ#A314-19.5(C)(5))
106.6.3.6 Management Descriptions. Including silvaculture, stand regulation, cutting cycle, expected yields, regeneration systems, intermediate treatments, harvest systems, access systems, protection of timber from fir, insects, disease, and erosion, and protection of compatible uses; (Former Section CZ#A314-19.5(C)(6))
106.6.3.7 Organization. Including: cost allocations for management, road construction maintenance, and protection; statements of legal rights and responsibilities, including but not limited to rights of way, easements, and deed restrictions; and provisions for continuity of management; and (Former Section CZ#A314-19.5(C)(7))
106.6.3.8 Schedule. Including harvesting, regeneration, protection, and management guide update. (Former Section CZ#A314-19.5(C) (8))
106.6.5 Additional Required Conditions for Approval of Land Division in Commercial Timberland (TC) Zones. These regulations shall apply to lands located within the County’s Coastal Zone designated Commercial Timberland (TC). (Former Section CZ#A314-19.1(A))
106.6.4.1Land divisions in coastal areas zoned TC shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6.5 Bond Required. All work required for Joint Timber Management Plans shall be secured by a guarantee or bond with the County. (Former Section CZ#A314-19.5(D))
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106.1 AGRICULTURE EXCLUSIVE SIXTY ACRE MINIMUM (AE-60) LAND DIVISION
106.1.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-60 on the County Zoning Maps. (Former Section CZ#A314-19.2(A))
106.1.2 General Provisions. Division of lands zoned AE-60 acres shall not be permitted, except that division of lands to a minimum size of twenty acres (20a) may be permitted subject to the regulations of this section and the Transitional Agricultural Land regulations. (Former Section CZ#A314-19.2(B))
106.1.3 Required Conditions for Approval of Land Divisions Creating Substandard Parcels. A subdivision creating an agricultural parcel of less than sixty acres (60a) may be approved only upon satisfaction of all the following conditions. (Former Section CZ#A31419.2(C))
106.1.3.1Execution of a Land Conservation Contract (Williamson Act contract) with the County; (Former Section CZ#A314-19.2(C)(1))
106.1.3.2Acknowledgment in a recorded conveyance and agreement, recorded on the title, to the effect that although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and that no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; and (Former Section CZ#A314-19.2(C)(2))
106.1.3.3Rezoning of any substandard parcel to AE-20. (Former Section CZ#A314-19.2(C)(3))
106.1.4 Required Findings. In addition to the requirements and conditions of this section, the Hearing Officer may approve a division of AE-60 land of less than sixty acres (60a), to a minimum size of twenty acres (20a), if the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.2(D))
106.2 AGRICULTURE EXCLUSIVE ONE HUNDRED SIXTY ACRE MINIMUM (AE-160) LAND DIVISION
106.2.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-160 on the County Zoning Maps. (Former Section CZ#A314-19.3(A))
106.2.2 General Provisions. Division of land zoned AE-160, which would create any parcel of less than 160 acres, shall not be permitted, except that division of land creating smaller parcels may be permitted provided the following requirements are all met: (Former Section CZ#A314-19.3(B))
106.2.2.1The average parcel size shall be no smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(1))
106.2.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than two and one-half acres (2.5a), and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.3(B)(2))
106.2.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(3))
106.2.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 160 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.3(C))
106.2.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.3(C)(1))
106.2.3.2Acknowledgment either on the parcel map or in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; (Former Section CZ#A314-19.3(C)(2))
106.2.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands. (Former Section CZ#A314-19.3(C)(3))
106.2.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-160 land of less than 160 acres if all the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.3(D))
106.3 AGRICULTURE EXCLUSIVE SIX (6) HUNDRED ACRE MINIMUM (AE-600) LAND DIVISION
106.3.1 Applicability. The Coastal AE-600 Land Division Requirements shall apply to lands located within the County’s Coastal Zone designated AE-600 on the County Zoning Maps. (Former Section CZ#A314-19.4(A))
106.3.2 General Provisions. Division of land zoned AE-600, which would create any parcel of less than 600 acres, shall not be permitted, except that divisions of land creating smaller parcels may be permitted provided the following requirements are met: (Former Section CZ#A314-19.4(B))
106.3.2.1The average parcel size shall be no smaller than 160 acres. (Former Section CZ#A314-19.4(B)(1))
106.3.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than five (5) acres, and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.4(B)(2))
106.3.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than 160 acres. (Former Section CZ#A314-19.4(B)(3))
106.3.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 600 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.4(C))
106.3.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.4(C)(1))
106.3.3.2Acknowledgment in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; or (Former Section CZ#A314-19.4(C)(2))
106.3.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands; (Former Section CZ#A314-19.4(C)(3))
106.3.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-600 land of less than 600 acres if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.4(D))
106.4 COASTAL RECREATIONAL (CR) LAND DIVISION
106.4.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated CR-Coastal Recreation on the County Zoning Maps. (Former Section CZ#A314-19.6(A))
106.4.2 Required Conditions. Conditions of approval for division of lands designated CR shall include the following: (Former Section CZ#A314-19.6(B))
106.4.2.1No conversion from commercial recreational use shall be permitted in the future; and (Former Section CZ#A314-19.6(B)(1))
106.4.2.2Acknowledgment, in a recorded conveyance and agreement within the chain of title, to the effect that the parcel was created for recreational purpose(s) only. (Former Section CZ#A314-19.6(B)(2))
106.4.3 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of CR land if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.6(C))
106.5 RURAL RESIDENTIAL AGRICULTURE (RA) LAND DIVISION
106.5.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated for Rural Residential Agriculture (RA). (Former Section CZ#A314-19.1(A))
106.5.2 Land Division Criteria. Land divisions in coastal areas zoned RA shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6 COMMERCIAL TIMBER (TC) AND TIMBER PRODUCTION ZONE (TPZ) LAND DIVISION
106.6.1 Applicability. These regulations shall apply to all lands located within the County’s Coastal Zone designated TC or TPZ on the County Zoning Maps. (Former Section CZ#A314-19.5(A))
106.6.2 General Provisions. Any division of timberlands which create parcels of less than forty acres (40a) shall not be permitted, except sites for timber processing and related facilities where the remainder parcel stays in the original zone. (Former Section CZ#A314-19.5(B))
106.6.3 Required Conditions for Approval of Land Division. The subdivision of timberlands of less than 160 acres shall be approved only upon the preparation and approval of a joint timber management plan, as required pursuant to Government Code Section 51100 and following, which shall also provide for: (Former Section CZ#A314-19.5(C))
106.6.3.1 Restocking. Including stocking to minimum levels described by the District Forest Practices Rules; (Former Section CZ#A314-19.5(C)(1))
106.6.3.2 Access. That will insure joint use by all persons with interests in the parcels subject to the management plan of access roads, log landings, and similar facilities. Deeded access routes are required; (Former Section CZ#A314-19.5(C)(2))
106.6.3.3 Statement of Purpose and Intent of Management. Including scope and intensity of management for both the timber and compatible uses; (Former Section CZ#A314-19.5(C)(3))
106.6.3.4 Topography and Physical Features. Including site classes and soil types; (Former Section CZ#A314-19.5(C)(4))
106.6.3.5 Timber Inventory. Including species, age classes, stocking levels, volume and growth; (Former Section CZ#A314-19.5(C)(5))
106.6.3.6 Management Descriptions. Including silvaculture, stand regulation, cutting cycle, expected yields, regeneration systems, intermediate treatments, harvest systems, access systems, protection of timber from fir, insects, disease, and erosion, and protection of compatible uses; (Former Section CZ#A314-19.5(C)(6))
106.6.3.7 Organization. Including: cost allocations for management, road construction maintenance, and protection; statements of legal rights and responsibilities, including but not limited to rights of way, easements, and deed restrictions; and provisions for continuity of management; and (Former Section CZ#A314-19.5(C)(7))
106.6.3.8 Schedule. Including harvesting, regeneration, protection, and management guide update. (Former Section CZ#A314-19.5(C) (8))
106.6.5 Additional Required Conditions for Approval of Land Division in Commercial Timberland (TC) Zones. These regulations shall apply to lands located within the County’s Coastal Zone designated Commercial Timberland (TC). (Former Section CZ#A314-19.1(A))
106.6.4.1Land divisions in coastal areas zoned TC shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6.5 Bond Required. All work required for Joint Timber Management Plans shall be secured by a guarantee or bond with the County. (Former Section CZ#A314-19.5(D))
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106.1 AGRICULTURE EXCLUSIVE SIXTY ACRE MINIMUM (AE-60) LAND DIVISION
106.1.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-60 on the County Zoning Maps. (Former Section CZ#A314-19.2(A))
106.1.2 General Provisions. Division of lands zoned AE-60 acres shall not be permitted, except that division of lands to a minimum size of twenty acres (20a) may be permitted subject to the regulations of this section and the Transitional Agricultural Land regulations. (Former Section CZ#A314-19.2(B))
106.1.3 Required Conditions for Approval of Land Divisions Creating Substandard Parcels. A subdivision creating an agricultural parcel of less than sixty acres (60a) may be approved only upon satisfaction of all the following conditions. (Former Section CZ#A31419.2(C))
106.1.3.1Execution of a Land Conservation Contract (Williamson Act contract) with the County; (Former Section CZ#A314-19.2(C)(1))
106.1.3.2Acknowledgment in a recorded conveyance and agreement, recorded on the title, to the effect that although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and that no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; and (Former Section CZ#A314-19.2(C)(2))
106.1.3.3Rezoning of any substandard parcel to AE-20. (Former Section CZ#A314-19.2(C)(3))
106.1.4 Required Findings. In addition to the requirements and conditions of this section, the Hearing Officer may approve a division of AE-60 land of less than sixty acres (60a), to a minimum size of twenty acres (20a), if the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.2(D))
106.2 AGRICULTURE EXCLUSIVE ONE HUNDRED SIXTY ACRE MINIMUM (AE-160) LAND DIVISION
106.2.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-160 on the County Zoning Maps. (Former Section CZ#A314-19.3(A))
106.2.2 General Provisions. Division of land zoned AE-160, which would create any parcel of less than 160 acres, shall not be permitted, except that division of land creating smaller parcels may be permitted provided the following requirements are all met: (Former Section CZ#A314-19.3(B))
106.2.2.1The average parcel size shall be no smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(1))
106.2.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than two and one-half acres (2.5a), and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.3(B)(2))
106.2.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(3))
106.2.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 160 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.3(C))
106.2.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.3(C)(1))
106.2.3.2Acknowledgment either on the parcel map or in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; (Former Section CZ#A314-19.3(C)(2))
106.2.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands. (Former Section CZ#A314-19.3(C)(3))
106.2.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-160 land of less than 160 acres if all the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.3(D))
106.3 AGRICULTURE EXCLUSIVE SIX (6) HUNDRED ACRE MINIMUM (AE-600) LAND DIVISION
106.3.1 Applicability. The Coastal AE-600 Land Division Requirements shall apply to lands located within the County’s Coastal Zone designated AE-600 on the County Zoning Maps. (Former Section CZ#A314-19.4(A))
106.3.2 General Provisions. Division of land zoned AE-600, which would create any parcel of less than 600 acres, shall not be permitted, except that divisions of land creating smaller parcels may be permitted provided the following requirements are met: (Former Section CZ#A314-19.4(B))
106.3.2.1The average parcel size shall be no smaller than 160 acres. (Former Section CZ#A314-19.4(B)(1))
106.3.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than five (5) acres, and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.4(B)(2))
106.3.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than 160 acres. (Former Section CZ#A314-19.4(B)(3))
106.3.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 600 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.4(C))
106.3.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.4(C)(1))
106.3.3.2Acknowledgment in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; or (Former Section CZ#A314-19.4(C)(2))
106.3.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands; (Former Section CZ#A314-19.4(C)(3))
106.3.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-600 land of less than 600 acres if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.4(D))
106.4 COASTAL RECREATIONAL (CR) LAND DIVISION
106.4.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated CR-Coastal Recreation on the County Zoning Maps. (Former Section CZ#A314-19.6(A))
106.4.2 Required Conditions. Conditions of approval for division of lands designated CR shall include the following: (Former Section CZ#A314-19.6(B))
106.4.2.1No conversion from commercial recreational use shall be permitted in the future; and (Former Section CZ#A314-19.6(B)(1))
106.4.2.2Acknowledgment, in a recorded conveyance and agreement within the chain of title, to the effect that the parcel was created for recreational purpose(s) only. (Former Section CZ#A314-19.6(B)(2))
106.4.3 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of CR land if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.6(C))
106.5 RURAL RESIDENTIAL AGRICULTURE (RA) LAND DIVISION
106.5.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated for Rural Residential Agriculture (RA). (Former Section CZ#A314-19.1(A))
106.5.2 Land Division Criteria. Land divisions in coastal areas zoned RA shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6 COMMERCIAL TIMBER (TC) AND TIMBER PRODUCTION ZONE (TPZ) LAND DIVISION
106.6.1 Applicability. These regulations shall apply to all lands located within the County’s Coastal Zone designated TC or TPZ on the County Zoning Maps. (Former Section CZ#A314-19.5(A))
106.6.2 General Provisions. Any division of timberlands which create parcels of less than forty acres (40a) shall not be permitted, except sites for timber processing and related facilities where the remainder parcel stays in the original zone. (Former Section CZ#A314-19.5(B))
106.6.3 Required Conditions for Approval of Land Division. The subdivision of timberlands of less than 160 acres shall be approved only upon the preparation and approval of a joint timber management plan, as required pursuant to Government Code Section 51100 and following, which shall also provide for: (Former Section CZ#A314-19.5(C))
106.6.3.1 Restocking. Including stocking to minimum levels described by the District Forest Practices Rules; (Former Section CZ#A314-19.5(C)(1))
106.6.3.2 Access. That will insure joint use by all persons with interests in the parcels subject to the management plan of access roads, log landings, and similar facilities. Deeded access routes are required; (Former Section CZ#A314-19.5(C)(2))
106.6.3.3 Statement of Purpose and Intent of Management. Including scope and intensity of management for both the timber and compatible uses; (Former Section CZ#A314-19.5(C)(3))
106.6.3.4 Topography and Physical Features. Including site classes and soil types; (Former Section CZ#A314-19.5(C)(4))
106.6.3.5 Timber Inventory. Including species, age classes, stocking levels, volume and growth; (Former Section CZ#A314-19.5(C)(5))
106.6.3.6 Management Descriptions. Including silvaculture, stand regulation, cutting cycle, expected yields, regeneration systems, intermediate treatments, harvest systems, access systems, protection of timber from fir, insects, disease, and erosion, and protection of compatible uses; (Former Section CZ#A314-19.5(C)(6))
106.6.3.7 Organization. Including: cost allocations for management, road construction maintenance, and protection; statements of legal rights and responsibilities, including but not limited to rights of way, easements, and deed restrictions; and provisions for continuity of management; and (Former Section CZ#A314-19.5(C)(7))
106.6.3.8 Schedule. Including harvesting, regeneration, protection, and management guide update. (Former Section CZ#A314-19.5(C) (8))
106.6.5 Additional Required Conditions for Approval of Land Division in Commercial Timberland (TC) Zones. These regulations shall apply to lands located within the County’s Coastal Zone designated Commercial Timberland (TC). (Former Section CZ#A314-19.1(A))
106.6.4.1Land divisions in coastal areas zoned TC shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6.5 Bond Required. All work required for Joint Timber Management Plans shall be secured by a guarantee or bond with the County. (Former Section CZ#A314-19.5(D))
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106.1 AGRICULTURE EXCLUSIVE SIXTY ACRE MINIMUM (AE-60) LAND DIVISION
106.1.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-60 on the County Zoning Maps. (Former Section CZ#A314-19.2(A))
106.1.2 General Provisions. Division of lands zoned AE-60 acres shall not be permitted, except that division of lands to a minimum size of twenty acres (20a) may be permitted subject to the regulations of this section and the Transitional Agricultural Land regulations. (Former Section CZ#A314-19.2(B))
106.1.3 Required Conditions for Approval of Land Divisions Creating Substandard Parcels. A subdivision creating an agricultural parcel of less than sixty acres (60a) may be approved only upon satisfaction of all the following conditions. (Former Section CZ#A31419.2(C))
106.1.3.1Execution of a Land Conservation Contract (Williamson Act contract) with the County; (Former Section CZ#A314-19.2(C)(1))
106.1.3.2Acknowledgment in a recorded conveyance and agreement, recorded on the title, to the effect that although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and that no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; and (Former Section CZ#A314-19.2(C)(2))
106.1.3.3Rezoning of any substandard parcel to AE-20. (Former Section CZ#A314-19.2(C)(3))
106.1.4 Required Findings. In addition to the requirements and conditions of this section, the Hearing Officer may approve a division of AE-60 land of less than sixty acres (60a), to a minimum size of twenty acres (20a), if the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.2(D))
106.2 AGRICULTURE EXCLUSIVE ONE HUNDRED SIXTY ACRE MINIMUM (AE-160) LAND DIVISION
106.2.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-160 on the County Zoning Maps. (Former Section CZ#A314-19.3(A))
106.2.2 General Provisions. Division of land zoned AE-160, which would create any parcel of less than 160 acres, shall not be permitted, except that division of land creating smaller parcels may be permitted provided the following requirements are all met: (Former Section CZ#A314-19.3(B))
106.2.2.1The average parcel size shall be no smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(1))
106.2.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than two and one-half acres (2.5a), and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.3(B)(2))
106.2.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(3))
106.2.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 160 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.3(C))
106.2.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.3(C)(1))
106.2.3.2Acknowledgment either on the parcel map or in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; (Former Section CZ#A314-19.3(C)(2))
106.2.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands. (Former Section CZ#A314-19.3(C)(3))
106.2.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-160 land of less than 160 acres if all the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.3(D))
106.3 AGRICULTURE EXCLUSIVE SIX (6) HUNDRED ACRE MINIMUM (AE-600) LAND DIVISION
106.3.1 Applicability. The Coastal AE-600 Land Division Requirements shall apply to lands located within the County’s Coastal Zone designated AE-600 on the County Zoning Maps. (Former Section CZ#A314-19.4(A))
106.3.2 General Provisions. Division of land zoned AE-600, which would create any parcel of less than 600 acres, shall not be permitted, except that divisions of land creating smaller parcels may be permitted provided the following requirements are met: (Former Section CZ#A314-19.4(B))
106.3.2.1The average parcel size shall be no smaller than 160 acres. (Former Section CZ#A314-19.4(B)(1))
106.3.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than five (5) acres, and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.4(B)(2))
106.3.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than 160 acres. (Former Section CZ#A314-19.4(B)(3))
106.3.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 600 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.4(C))
106.3.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.4(C)(1))
106.3.3.2Acknowledgment in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; or (Former Section CZ#A314-19.4(C)(2))
106.3.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands; (Former Section CZ#A314-19.4(C)(3))
106.3.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-600 land of less than 600 acres if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.4(D))
106.4 COASTAL RECREATIONAL (CR) LAND DIVISION
106.4.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated CR-Coastal Recreation on the County Zoning Maps. (Former Section CZ#A314-19.6(A))
106.4.2 Required Conditions. Conditions of approval for division of lands designated CR shall include the following: (Former Section CZ#A314-19.6(B))
106.4.2.1No conversion from commercial recreational use shall be permitted in the future; and (Former Section CZ#A314-19.6(B)(1))
106.4.2.2Acknowledgment, in a recorded conveyance and agreement within the chain of title, to the effect that the parcel was created for recreational purpose(s) only. (Former Section CZ#A314-19.6(B)(2))
106.4.3 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of CR land if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.6(C))
106.5 RURAL RESIDENTIAL AGRICULTURE (RA) LAND DIVISION
106.5.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated for Rural Residential Agriculture (RA). (Former Section CZ#A314-19.1(A))
106.5.2 Land Division Criteria. Land divisions in coastal areas zoned RA shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6 COMMERCIAL TIMBER (TC) AND TIMBER PRODUCTION ZONE (TPZ) LAND DIVISION
106.6.1 Applicability. These regulations shall apply to all lands located within the County’s Coastal Zone designated TC or TPZ on the County Zoning Maps. (Former Section CZ#A314-19.5(A))
106.6.2 General Provisions. Any division of timberlands which create parcels of less than forty acres (40a) shall not be permitted, except sites for timber processing and related facilities where the remainder parcel stays in the original zone. (Former Section CZ#A314-19.5(B))
106.6.3 Required Conditions for Approval of Land Division. The subdivision of timberlands of less than 160 acres shall be approved only upon the preparation and approval of a joint timber management plan, as required pursuant to Government Code Section 51100 and following, which shall also provide for: (Former Section CZ#A314-19.5(C))
106.6.3.1 Restocking. Including stocking to minimum levels described by the District Forest Practices Rules; (Former Section CZ#A314-19.5(C)(1))
106.6.3.2 Access. That will insure joint use by all persons with interests in the parcels subject to the management plan of access roads, log landings, and similar facilities. Deeded access routes are required; (Former Section CZ#A314-19.5(C)(2))
106.6.3.3 Statement of Purpose and Intent of Management. Including scope and intensity of management for both the timber and compatible uses; (Former Section CZ#A314-19.5(C)(3))
106.6.3.4 Topography and Physical Features. Including site classes and soil types; (Former Section CZ#A314-19.5(C)(4))
106.6.3.5 Timber Inventory. Including species, age classes, stocking levels, volume and growth; (Former Section CZ#A314-19.5(C)(5))
106.6.3.6 Management Descriptions. Including silvaculture, stand regulation, cutting cycle, expected yields, regeneration systems, intermediate treatments, harvest systems, access systems, protection of timber from fir, insects, disease, and erosion, and protection of compatible uses; (Former Section CZ#A314-19.5(C)(6))
106.6.3.7 Organization. Including: cost allocations for management, road construction maintenance, and protection; statements of legal rights and responsibilities, including but not limited to rights of way, easements, and deed restrictions; and provisions for continuity of management; and (Former Section CZ#A314-19.5(C)(7))
106.6.3.8 Schedule. Including harvesting, regeneration, protection, and management guide update. (Former Section CZ#A314-19.5(C) (8))
106.6.5 Additional Required Conditions for Approval of Land Division in Commercial Timberland (TC) Zones. These regulations shall apply to lands located within the County’s Coastal Zone designated Commercial Timberland (TC). (Former Section CZ#A314-19.1(A))
106.6.4.1Land divisions in coastal areas zoned TC shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6.5 Bond Required. All work required for Joint Timber Management Plans shall be secured by a guarantee or bond with the County. (Former Section CZ#A314-19.5(D))
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106.1 AGRICULTURE EXCLUSIVE SIXTY ACRE MINIMUM (AE-60) LAND DIVISION
106.1.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-60 on the County Zoning Maps. (Former Section CZ#A314-19.2(A))
106.1.2 General Provisions. Division of lands zoned AE-60 acres shall not be permitted, except that division of lands to a minimum size of twenty acres (20a) may be permitted subject to the regulations of this section and the Transitional Agricultural Land regulations. (Former Section CZ#A314-19.2(B))
106.1.3 Required Conditions for Approval of Land Divisions Creating Substandard Parcels. A subdivision creating an agricultural parcel of less than sixty acres (60a) may be approved only upon satisfaction of all the following conditions. (Former Section CZ#A31419.2(C))
106.1.3.1Execution of a Land Conservation Contract (Williamson Act contract) with the County; (Former Section CZ#A314-19.2(C)(1))
106.1.3.2Acknowledgment in a recorded conveyance and agreement, recorded on the title, to the effect that although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and that no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; and (Former Section CZ#A314-19.2(C)(2))
106.1.3.3Rezoning of any substandard parcel to AE-20. (Former Section CZ#A314-19.2(C)(3))
106.1.4 Required Findings. In addition to the requirements and conditions of this section, the Hearing Officer may approve a division of AE-60 land of less than sixty acres (60a), to a minimum size of twenty acres (20a), if the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.2(D))
106.2 AGRICULTURE EXCLUSIVE ONE HUNDRED SIXTY ACRE MINIMUM (AE-160) LAND DIVISION
106.2.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-160 on the County Zoning Maps. (Former Section CZ#A314-19.3(A))
106.2.2 General Provisions. Division of land zoned AE-160, which would create any parcel of less than 160 acres, shall not be permitted, except that division of land creating smaller parcels may be permitted provided the following requirements are all met: (Former Section CZ#A314-19.3(B))
106.2.2.1The average parcel size shall be no smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(1))
106.2.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than two and one-half acres (2.5a), and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.3(B)(2))
106.2.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(3))
106.2.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 160 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.3(C))
106.2.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.3(C)(1))
106.2.3.2Acknowledgment either on the parcel map or in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; (Former Section CZ#A314-19.3(C)(2))
106.2.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands. (Former Section CZ#A314-19.3(C)(3))
106.2.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-160 land of less than 160 acres if all the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.3(D))
106.3 AGRICULTURE EXCLUSIVE SIX (6) HUNDRED ACRE MINIMUM (AE-600) LAND DIVISION
106.3.1 Applicability. The Coastal AE-600 Land Division Requirements shall apply to lands located within the County’s Coastal Zone designated AE-600 on the County Zoning Maps. (Former Section CZ#A314-19.4(A))
106.3.2 General Provisions. Division of land zoned AE-600, which would create any parcel of less than 600 acres, shall not be permitted, except that divisions of land creating smaller parcels may be permitted provided the following requirements are met: (Former Section CZ#A314-19.4(B))
106.3.2.1The average parcel size shall be no smaller than 160 acres. (Former Section CZ#A314-19.4(B)(1))
106.3.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than five (5) acres, and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.4(B)(2))
106.3.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than 160 acres. (Former Section CZ#A314-19.4(B)(3))
106.3.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 600 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.4(C))
106.3.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.4(C)(1))
106.3.3.2Acknowledgment in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; or (Former Section CZ#A314-19.4(C)(2))
106.3.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands; (Former Section CZ#A314-19.4(C)(3))
106.3.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-600 land of less than 600 acres if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.4(D))
106.4 COASTAL RECREATIONAL (CR) LAND DIVISION
106.4.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated CR-Coastal Recreation on the County Zoning Maps. (Former Section CZ#A314-19.6(A))
106.4.2 Required Conditions. Conditions of approval for division of lands designated CR shall include the following: (Former Section CZ#A314-19.6(B))
106.4.2.1No conversion from commercial recreational use shall be permitted in the future; and (Former Section CZ#A314-19.6(B)(1))
106.4.2.2Acknowledgment, in a recorded conveyance and agreement within the chain of title, to the effect that the parcel was created for recreational purpose(s) only. (Former Section CZ#A314-19.6(B)(2))
106.4.3 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of CR land if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.6(C))
106.5 RURAL RESIDENTIAL AGRICULTURE (RA) LAND DIVISION
106.5.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated for Rural Residential Agriculture (RA). (Former Section CZ#A314-19.1(A))
106.5.2 Land Division Criteria. Land divisions in coastal areas zoned RA shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6 COMMERCIAL TIMBER (TC) AND TIMBER PRODUCTION ZONE (TPZ) LAND DIVISION
106.6.1 Applicability. These regulations shall apply to all lands located within the County’s Coastal Zone designated TC or TPZ on the County Zoning Maps. (Former Section CZ#A314-19.5(A))
106.6.2 General Provisions. Any division of timberlands which create parcels of less than forty acres (40a) shall not be permitted, except sites for timber processing and related facilities where the remainder parcel stays in the original zone. (Former Section CZ#A314-19.5(B))
106.6.3 Required Conditions for Approval of Land Division. The subdivision of timberlands of less than 160 acres shall be approved only upon the preparation and approval of a joint timber management plan, as required pursuant to Government Code Section 51100 and following, which shall also provide for: (Former Section CZ#A314-19.5(C))
106.6.3.1 Restocking. Including stocking to minimum levels described by the District Forest Practices Rules; (Former Section CZ#A314-19.5(C)(1))
106.6.3.2 Access. That will insure joint use by all persons with interests in the parcels subject to the management plan of access roads, log landings, and similar facilities. Deeded access routes are required; (Former Section CZ#A314-19.5(C)(2))
106.6.3.3 Statement of Purpose and Intent of Management. Including scope and intensity of management for both the timber and compatible uses; (Former Section CZ#A314-19.5(C)(3))
106.6.3.4 Topography and Physical Features. Including site classes and soil types; (Former Section CZ#A314-19.5(C)(4))
106.6.3.5 Timber Inventory. Including species, age classes, stocking levels, volume and growth; (Former Section CZ#A314-19.5(C)(5))
106.6.3.6 Management Descriptions. Including silvaculture, stand regulation, cutting cycle, expected yields, regeneration systems, intermediate treatments, harvest systems, access systems, protection of timber from fir, insects, disease, and erosion, and protection of compatible uses; (Former Section CZ#A314-19.5(C)(6))
106.6.3.7 Organization. Including: cost allocations for management, road construction maintenance, and protection; statements of legal rights and responsibilities, including but not limited to rights of way, easements, and deed restrictions; and provisions for continuity of management; and (Former Section CZ#A314-19.5(C)(7))
106.6.3.8 Schedule. Including harvesting, regeneration, protection, and management guide update. (Former Section CZ#A314-19.5(C) (8))
106.6.5 Additional Required Conditions for Approval of Land Division in Commercial Timberland (TC) Zones. These regulations shall apply to lands located within the County’s Coastal Zone designated Commercial Timberland (TC). (Former Section CZ#A314-19.1(A))
106.6.4.1Land divisions in coastal areas zoned TC shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6.5 Bond Required. All work required for Joint Timber Management Plans shall be secured by a guarantee or bond with the County. (Former Section CZ#A314-19.5(D))
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106.1 AGRICULTURE EXCLUSIVE SIXTY ACRE MINIMUM (AE-60) LAND DIVISION
106.1.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-60 on the County Zoning Maps. (Former Section CZ#A314-19.2(A))
106.1.2 General Provisions. Division of lands zoned AE-60 acres shall not be permitted, except that division of lands to a minimum size of twenty acres (20a) may be permitted subject to the regulations of this section and the Transitional Agricultural Land regulations. (Former Section CZ#A314-19.2(B))
106.1.3 Required Conditions for Approval of Land Divisions Creating Substandard Parcels. A subdivision creating an agricultural parcel of less than sixty acres (60a) may be approved only upon satisfaction of all the following conditions. (Former Section CZ#A31419.2(C))
106.1.3.1Execution of a Land Conservation Contract (Williamson Act contract) with the County; (Former Section CZ#A314-19.2(C)(1))
106.1.3.2Acknowledgment in a recorded conveyance and agreement, recorded on the title, to the effect that although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and that no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; and (Former Section CZ#A314-19.2(C)(2))
106.1.3.3Rezoning of any substandard parcel to AE-20. (Former Section CZ#A314-19.2(C)(3))
106.1.4 Required Findings. In addition to the requirements and conditions of this section, the Hearing Officer may approve a division of AE-60 land of less than sixty acres (60a), to a minimum size of twenty acres (20a), if the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.2(D))
106.2 AGRICULTURE EXCLUSIVE ONE HUNDRED SIXTY ACRE MINIMUM (AE-160) LAND DIVISION
106.2.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-160 on the County Zoning Maps. (Former Section CZ#A314-19.3(A))
106.2.2 General Provisions. Division of land zoned AE-160, which would create any parcel of less than 160 acres, shall not be permitted, except that division of land creating smaller parcels may be permitted provided the following requirements are all met: (Former Section CZ#A314-19.3(B))
106.2.2.1The average parcel size shall be no smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(1))
106.2.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than two and one-half acres (2.5a), and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.3(B)(2))
106.2.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(3))
106.2.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 160 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.3(C))
106.2.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.3(C)(1))
106.2.3.2Acknowledgment either on the parcel map or in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; (Former Section CZ#A314-19.3(C)(2))
106.2.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands. (Former Section CZ#A314-19.3(C)(3))
106.2.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-160 land of less than 160 acres if all the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.3(D))
106.3 AGRICULTURE EXCLUSIVE SIX (6) HUNDRED ACRE MINIMUM (AE-600) LAND DIVISION
106.3.1 Applicability. The Coastal AE-600 Land Division Requirements shall apply to lands located within the County’s Coastal Zone designated AE-600 on the County Zoning Maps. (Former Section CZ#A314-19.4(A))
106.3.2 General Provisions. Division of land zoned AE-600, which would create any parcel of less than 600 acres, shall not be permitted, except that divisions of land creating smaller parcels may be permitted provided the following requirements are met: (Former Section CZ#A314-19.4(B))
106.3.2.1The average parcel size shall be no smaller than 160 acres. (Former Section CZ#A314-19.4(B)(1))
106.3.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than five (5) acres, and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.4(B)(2))
106.3.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than 160 acres. (Former Section CZ#A314-19.4(B)(3))
106.3.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 600 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.4(C))
106.3.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.4(C)(1))
106.3.3.2Acknowledgment in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; or (Former Section CZ#A314-19.4(C)(2))
106.3.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands; (Former Section CZ#A314-19.4(C)(3))
106.3.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-600 land of less than 600 acres if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.4(D))
106.4 COASTAL RECREATIONAL (CR) LAND DIVISION
106.4.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated CR-Coastal Recreation on the County Zoning Maps. (Former Section CZ#A314-19.6(A))
106.4.2 Required Conditions. Conditions of approval for division of lands designated CR shall include the following: (Former Section CZ#A314-19.6(B))
106.4.2.1No conversion from commercial recreational use shall be permitted in the future; and (Former Section CZ#A314-19.6(B)(1))
106.4.2.2Acknowledgment, in a recorded conveyance and agreement within the chain of title, to the effect that the parcel was created for recreational purpose(s) only. (Former Section CZ#A314-19.6(B)(2))
106.4.3 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of CR land if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.6(C))
106.5 RURAL RESIDENTIAL AGRICULTURE (RA) LAND DIVISION
106.5.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated for Rural Residential Agriculture (RA). (Former Section CZ#A314-19.1(A))
106.5.2 Land Division Criteria. Land divisions in coastal areas zoned RA shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6 COMMERCIAL TIMBER (TC) AND TIMBER PRODUCTION ZONE (TPZ) LAND DIVISION
106.6.1 Applicability. These regulations shall apply to all lands located within the County’s Coastal Zone designated TC or TPZ on the County Zoning Maps. (Former Section CZ#A314-19.5(A))
106.6.2 General Provisions. Any division of timberlands which create parcels of less than forty acres (40a) shall not be permitted, except sites for timber processing and related facilities where the remainder parcel stays in the original zone. (Former Section CZ#A314-19.5(B))
106.6.3 Required Conditions for Approval of Land Division. The subdivision of timberlands of less than 160 acres shall be approved only upon the preparation and approval of a joint timber management plan, as required pursuant to Government Code Section 51100 and following, which shall also provide for: (Former Section CZ#A314-19.5(C))
106.6.3.1 Restocking. Including stocking to minimum levels described by the District Forest Practices Rules; (Former Section CZ#A314-19.5(C)(1))
106.6.3.2 Access. That will insure joint use by all persons with interests in the parcels subject to the management plan of access roads, log landings, and similar facilities. Deeded access routes are required; (Former Section CZ#A314-19.5(C)(2))
106.6.3.3 Statement of Purpose and Intent of Management. Including scope and intensity of management for both the timber and compatible uses; (Former Section CZ#A314-19.5(C)(3))
106.6.3.4 Topography and Physical Features. Including site classes and soil types; (Former Section CZ#A314-19.5(C)(4))
106.6.3.5 Timber Inventory. Including species, age classes, stocking levels, volume and growth; (Former Section CZ#A314-19.5(C)(5))
106.6.3.6 Management Descriptions. Including silvaculture, stand regulation, cutting cycle, expected yields, regeneration systems, intermediate treatments, harvest systems, access systems, protection of timber from fir, insects, disease, and erosion, and protection of compatible uses; (Former Section CZ#A314-19.5(C)(6))
106.6.3.7 Organization. Including: cost allocations for management, road construction maintenance, and protection; statements of legal rights and responsibilities, including but not limited to rights of way, easements, and deed restrictions; and provisions for continuity of management; and (Former Section CZ#A314-19.5(C)(7))
106.6.3.8 Schedule. Including harvesting, regeneration, protection, and management guide update. (Former Section CZ#A314-19.5(C) (8))
106.6.5 Additional Required Conditions for Approval of Land Division in Commercial Timberland (TC) Zones. These regulations shall apply to lands located within the County’s Coastal Zone designated Commercial Timberland (TC). (Former Section CZ#A314-19.1(A))
106.6.4.1Land divisions in coastal areas zoned TC shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6.5 Bond Required. All work required for Joint Timber Management Plans shall be secured by a guarantee or bond with the County. (Former Section CZ#A314-19.5(D))
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106.1 AGRICULTURE EXCLUSIVE SIXTY ACRE MINIMUM (AE-60) LAND DIVISION
106.1.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-60 on the County Zoning Maps. (Former Section CZ#A314-19.2(A))
106.1.2 General Provisions. Division of lands zoned AE-60 acres shall not be permitted, except that division of lands to a minimum size of twenty acres (20a) may be permitted subject to the regulations of this section and the Transitional Agricultural Land regulations. (Former Section CZ#A314-19.2(B))
106.1.3 Required Conditions for Approval of Land Divisions Creating Substandard Parcels. A subdivision creating an agricultural parcel of less than sixty acres (60a) may be approved only upon satisfaction of all the following conditions. (Former Section CZ#A31419.2(C))
106.1.3.1Execution of a Land Conservation Contract (Williamson Act contract) with the County; (Former Section CZ#A314-19.2(C)(1))
106.1.3.2Acknowledgment in a recorded conveyance and agreement, recorded on the title, to the effect that although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and that no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; and (Former Section CZ#A314-19.2(C)(2))
106.1.3.3Rezoning of any substandard parcel to AE-20. (Former Section CZ#A314-19.2(C)(3))
106.1.4 Required Findings. In addition to the requirements and conditions of this section, the Hearing Officer may approve a division of AE-60 land of less than sixty acres (60a), to a minimum size of twenty acres (20a), if the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.2(D))
106.2 AGRICULTURE EXCLUSIVE ONE HUNDRED SIXTY ACRE MINIMUM (AE-160) LAND DIVISION
106.2.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated AE-160 on the County Zoning Maps. (Former Section CZ#A314-19.3(A))
106.2.2 General Provisions. Division of land zoned AE-160, which would create any parcel of less than 160 acres, shall not be permitted, except that division of land creating smaller parcels may be permitted provided the following requirements are all met: (Former Section CZ#A314-19.3(B))
106.2.2.1The average parcel size shall be no smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(1))
106.2.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than two and one-half acres (2.5a), and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.3(B)(2))
106.2.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than twenty acres (20a). (Former Section CZ#A314-19.3(B)(3))
106.2.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 160 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.3(C))
106.2.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.3(C)(1))
106.2.3.2Acknowledgment either on the parcel map or in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; (Former Section CZ#A314-19.3(C)(2))
106.2.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands. (Former Section CZ#A314-19.3(C)(3))
106.2.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-160 land of less than 160 acres if all the applicable findings in Chapter 2, Procedures, including but not limited to those in Sections 312-18 through 312-49 , Supplemental Findings, are made. (Former Section CZ#A314-19.3(D))
106.3 AGRICULTURE EXCLUSIVE SIX (6) HUNDRED ACRE MINIMUM (AE-600) LAND DIVISION
106.3.1 Applicability. The Coastal AE-600 Land Division Requirements shall apply to lands located within the County’s Coastal Zone designated AE-600 on the County Zoning Maps. (Former Section CZ#A314-19.4(A))
106.3.2 General Provisions. Division of land zoned AE-600, which would create any parcel of less than 600 acres, shall not be permitted, except that divisions of land creating smaller parcels may be permitted provided the following requirements are met: (Former Section CZ#A314-19.4(B))
106.3.2.1The average parcel size shall be no smaller than 160 acres. (Former Section CZ#A314-19.4(B)(1))
106.3.2.2New lots or parcels shall be no smaller than one acre (1a) and no larger than five (5) acres, and such lots or parcels shall be clustered together adjacent to existing developed areas of the ranch, or on portions of the site least suited for agricultural use and where the adverse effects on coastal resources will be minimized. (Former Section CZ#A314-19.4(B)(2))
106.3.2.3The created lots shall be zoned AE Agricultural Exclusive with a minimum parcel size that prohibits further subdivisions that would establish an average parcel size smaller than 160 acres. (Former Section CZ#A314-19.4(B)(3))
106.3.3 Required Conditions for Approval of Land Divisions. The rezoning and subdivision creating parcels of less than 600 acres shall be approved only upon satisfaction of two (2) or more of the following conditions, which shall apply to the remaining land resulting from the division: (Former Section CZ#A314-19.4(C))
106.3.3.1Execution of a Land Conservation Contract (Williamson Act Contract) with the County; (Former Section CZ#A314-19.4(C)(1))
106.3.3.2Acknowledgment in a recorded conveyance and agreement to the effect that, although the new parcel is of a size below that considered an economically viable agricultural unit, its creation was approved for a specific agricultural purpose, and no further land division or other conversion from agricultural use shall be permitted in the future even if agricultural use of such a parcel does not provide adequate economic return; or (Former Section CZ#A314-19.4(C)(2))
106.3.3.3Conveyance of an open space easement to the County of Humboldt, or other public entity or private non-profit entity having as its primary purpose and chief goal the preservation of agricultural or open space lands; (Former Section CZ#A314-19.4(C)(3))
106.3.4 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of AE-600 land of less than 600 acres if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.4(D))
106.4 COASTAL RECREATIONAL (CR) LAND DIVISION
106.4.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated CR-Coastal Recreation on the County Zoning Maps. (Former Section CZ#A314-19.6(A))
106.4.2 Required Conditions. Conditions of approval for division of lands designated CR shall include the following: (Former Section CZ#A314-19.6(B))
106.4.2.1No conversion from commercial recreational use shall be permitted in the future; and (Former Section CZ#A314-19.6(B)(1))
106.4.2.2Acknowledgment, in a recorded conveyance and agreement within the chain of title, to the effect that the parcel was created for recreational purpose(s) only. (Former Section CZ#A314-19.6(B)(2))
106.4.3 Required Findings. In addition to the requirements and conditions of this Section, the Hearing Officer may approve a division of CR land if all of the applicable findings in Chapter 2, including but not limited to those in Sections 312-18 through 312-49, Supplemental Findings, are made. (Former Section CZ#A314-19.6(C))
106.5 RURAL RESIDENTIAL AGRICULTURE (RA) LAND DIVISION
106.5.1 Applicability. These regulations shall apply to lands located within the County’s Coastal Zone designated for Rural Residential Agriculture (RA). (Former Section CZ#A314-19.1(A))
106.5.2 Land Division Criteria. Land divisions in coastal areas zoned RA shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6 COMMERCIAL TIMBER (TC) AND TIMBER PRODUCTION ZONE (TPZ) LAND DIVISION
106.6.1 Applicability. These regulations shall apply to all lands located within the County’s Coastal Zone designated TC or TPZ on the County Zoning Maps. (Former Section CZ#A314-19.5(A))
106.6.2 General Provisions. Any division of timberlands which create parcels of less than forty acres (40a) shall not be permitted, except sites for timber processing and related facilities where the remainder parcel stays in the original zone. (Former Section CZ#A314-19.5(B))
106.6.3 Required Conditions for Approval of Land Division. The subdivision of timberlands of less than 160 acres shall be approved only upon the preparation and approval of a joint timber management plan, as required pursuant to Government Code Section 51100 and following, which shall also provide for: (Former Section CZ#A314-19.5(C))
106.6.3.1 Restocking. Including stocking to minimum levels described by the District Forest Practices Rules; (Former Section CZ#A314-19.5(C)(1))
106.6.3.2 Access. That will insure joint use by all persons with interests in the parcels subject to the management plan of access roads, log landings, and similar facilities. Deeded access routes are required; (Former Section CZ#A314-19.5(C)(2))
106.6.3.3 Statement of Purpose and Intent of Management. Including scope and intensity of management for both the timber and compatible uses; (Former Section CZ#A314-19.5(C)(3))
106.6.3.4 Topography and Physical Features. Including site classes and soil types; (Former Section CZ#A314-19.5(C)(4))
106.6.3.5 Timber Inventory. Including species, age classes, stocking levels, volume and growth; (Former Section CZ#A314-19.5(C)(5))
106.6.3.6 Management Descriptions. Including silvaculture, stand regulation, cutting cycle, expected yields, regeneration systems, intermediate treatments, harvest systems, access systems, protection of timber from fir, insects, disease, and erosion, and protection of compatible uses; (Former Section CZ#A314-19.5(C)(6))
106.6.3.7 Organization. Including: cost allocations for management, road construction maintenance, and protection; statements of legal rights and responsibilities, including but not limited to rights of way, easements, and deed restrictions; and provisions for continuity of management; and (Former Section CZ#A314-19.5(C)(7))
106.6.3.8 Schedule. Including harvesting, regeneration, protection, and management guide update. (Former Section CZ#A314-19.5(C) (8))
106.6.5 Additional Required Conditions for Approval of Land Division in Commercial Timberland (TC) Zones. These regulations shall apply to lands located within the County’s Coastal Zone designated Commercial Timberland (TC). (Former Section CZ#A314-19.1(A))
106.6.4.1Land divisions in coastal areas zoned TC shall be permitted only if at least fifty percent (50%) of the lots in the same zone, and within the same Coastal Land Use Planning Area where the proposed development is to be located, have been developed with a permitted main building. (Former Section CZ#A314-19.1(B))
106.6.5 Bond Required. All work required for Joint Timber Management Plans shall be secured by a guarantee or bond with the County. (Former Section CZ#A314-19.5(D))
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107.1 MANUFACTURED HOME PARK DEVELOPMENT
107.1.1 Purpose. The purpose of these regulations is to establish standards for the development of new manufactured home parks and the expansion of existing manufactured home parks in Humboldt County. (Former Section CZ#A314-22(A))
107.1.2 Applicability. These regulations shall apply to the development, expansion, or alteration of any manufactured home park, as defined in the Manufactured Home Park use type. (Former Section CZ#A314-22(B))
107.1.3 Development Standards. The construction, alteration or expansion of a manufactured home park shall be subject to the following development standards, except as provided herein: (Former Section CZ#A314-22(C))
107.1.3.1 Minimum Lot Size. No manufactured home park shall be permitted on a lot that is less than five (5) acres in area. (Former Section CZ#A314-22(C)(1); Amended by Ord. 2167, Sec. 27, 4/7/98)
107.1.3.2 Minimum Recreation Area. A minimum recreation area of fifteen hundred (1,500) net square feet per acre of manufactured home park shall be provided and improved in conjunction with the development. (Former Section CZ#A314-22(C)(2))
107.1.3.3 Minimum Yards. Minimum yards around manufactured home parks - front, side and rear, twenty (20) feet. Yard areas may not be used to satisfy the minimum recreation area that is required by this section. (Former Section CZ#A314-22(C)(3); Amended by Ord. 2167, Sec. 27, 4/7/98)
107.1.3.4 Access.
107.1.3.4.1All manufactured home parks shall have either one (1) fifty (50) foot minimum width access or two (2) twenty-five (25) foot minimum width permanent points of access to a public road. (Former Section CZ#A314-22(C)(4)(a))
107.1.3.4.2All circulation roads within the park shall be a minimum of twenty-four (24) feet (two-way traffic) from curb to curb and shall be increased in width by eight (8) feet for curb parking space on each side of the street on which such curb parking is permitted. (Former Section CZ#A314-22(C)(4) (b))
107.1.3.4.3All roads and parking spaces shall be permanently paved. (Former Section CZ#A314-22(C)(4)(c))
107.1.3.5 Parking.
107.1.3.5.1Two (2) on-site parking spaces or the equivalent in parking bays shall be provided for each manufactured home site. A parking space shall not be less than eight (8) feet wide and eighteen (18) feet long, and shall contain seven (7) feet of vertical clearance. (Former Section CZ#A314-22(C)(5)(a))
107.1.3.5.2Guest parking shall be provided at a ratio of one (1) space for every four (4) manufactured home sites.
107.1.3.5.2.1On-street parking is acceptable in meeting this requirement if all the streets providing the spaces are constructed to forty (40) feet in width. (Former Section CZ#A314-22(C)(5)(b))
107.1.3.5.2.2If the streets within the manufactured home park are less than forty (40) feet in width, the ratio for guest parking shall be one (1) space for every two (2) manufactured home sites, accomplished by the use of parking bays containing at least four (4) parking spaces per bay. Such bays shall be located no greater than two hundred (200) feet apart. (Former Section CZ#A314-22(C)(5)(b))
107.1.3.5.3If any type of commercial use(s) is (are) proposed within the manufactured home park, additional parking shall be provided consistent with the Off-Street Parking Requirements in Section 313-109.1. (Former Section CZ#A314-22(C)(5)(c))
107.1.3.6 Fencing and Landscaping.
107.1.3.6.1Every manufactured home park shall provide an ornamental, sight-obscuring fence, wall, or other suitable screening/planting, with a minimum height of six (6) feet, along all boundaries of the manufactured home park site that abut on public roads, or on property lines. (Former Section CZ#A314-22(C)(6)(a))
107.1.3.6.2All areas not used for access, parking, circulation, recreation, or services shall be completely and permanently landscaped and the entire site shall be maintained in a neat, orderly, and sanitary condition. (Former Section CZ#A314-22(C)(6)(b))
107.1.3.7 Storage Area. A minimum outdoor storage shed of forty-eight (48) square feet shall be provided for each unit. (Former Section CZ#A314-22(C)(7))
107.1.4 Exceptions for Existing Substandard Manufactured Home Parks. The Hearing Officer may modify the requirements of Section 107.1.3 for an existing substandard park proposed to be enlarged or altered; provided, that the modifications are limited to the extent that an overall improvement in the design or standards of such existing park will result, and subject to making the applicable findings
for granting exceptions in Chapter 2, Procedures, of this Code. (For more information on manufactured homes, see Section 313-132, Nonconforming Structures, and Section 313-69.05, Accessory Dwelling Units.) (Former Section CZ#A314-22(D))
107.2 MERGER OF SUBSTANDARD LOTS
107.2.1A substandard lot can be developed or sold if: (Former Section CZ#A314-21(A))
107.2.1.1The substandard lot in question was lawfully created; and (Former Section CZ#A314-21(A)(1))
107.2.1.2The substandard lot has not been merged with adjoining property. (Former Section CZ#A314-21(A)(2))
107.2.2Where the owner of a substandard lot owns adjoining property, the substandard lot may be merged with the adjoining property, pursuant to the provisions of state law and this Code. Thereafter the merged lots must be developed or sold as one unit or lot. Separate conveyance of the merged lots is prohibited. Notwithstanding the above, adjacent substandard lots do not merge if each of them has been fully developed in accordance with the zoning regulations for the zone in which said lots are located. (Former Section CZ#A314-21(B); Ord. 1104, 1/5/76; Amended by Ord. 1875, Sec. 3, 9/26/89) (Ord. 2717, § 6, 6/27/2023) Your Selections
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107.1 MANUFACTURED HOME PARK DEVELOPMENT
107.1.1 Purpose. The purpose of these regulations is to establish standards for the development of new manufactured home parks and the expansion of existing manufactured home parks in Humboldt County. (Former Section CZ#A314-22(A))
107.1.2 Applicability. These regulations shall apply to the development, expansion, or alteration of any manufactured home park, as defined in the Manufactured Home Park use type. (Former Section CZ#A314-22(B))
107.1.3 Development Standards. The construction, alteration or expansion of a manufactured home park shall be subject to the following development standards, except as provided herein: (Former Section CZ#A314-22(C))
107.1.3.1 Minimum Lot Size. No manufactured home park shall be permitted on a lot that is less than five (5) acres in area. (Former Section CZ#A314-22(C)(1); Amended by Ord. 2167, Sec. 27, 4/7/98)
107.1.3.2 Minimum Recreation Area. A minimum recreation area of fifteen hundred (1,500) net square feet per acre of manufactured home park shall be provided and improved in conjunction with the development. (Former Section CZ#A314-22(C)(2))
107.1.3.3 Minimum Yards. Minimum yards around manufactured home parks - front, side and rear, twenty (20) feet. Yard areas may not be used to satisfy the minimum recreation area that is required by this section. (Former Section CZ#A314-22(C)(3); Amended by Ord. 2167, Sec. 27, 4/7/98)
107.1.3.4 Access.
107.1.3.4.1All manufactured home parks shall have either one (1) fifty (50) foot minimum width access or two (2) twenty-five (25) foot minimum width permanent points of access to a public road. (Former Section CZ#A314-22(C)(4)(a))
107.1.3.4.2All circulation roads within the park shall be a minimum of twenty-four (24) feet (two-way traffic) from curb to curb and shall be increased in width by eight (8) feet for curb parking space on each side of the street on which such curb parking is permitted. (Former Section CZ#A314-22(C)(4) (b))
107.1.3.4.3All roads and parking spaces shall be permanently paved. (Former Section CZ#A314-22(C)(4)(c))
107.1.3.5 Parking.
107.1.3.5.1Two (2) on-site parking spaces or the equivalent in parking bays shall be provided for each manufactured home site. A parking space shall not be less than eight (8) feet wide and eighteen (18) feet long, and shall contain seven (7) feet of vertical clearance. (Former Section CZ#A314-22(C)(5)(a))
107.1.3.5.2Guest parking shall be provided at a ratio of one (1) space for every four (4) manufactured home sites.
107.1.3.5.2.1On-street parking is acceptable in meeting this requirement if all the streets providing the spaces are constructed to forty (40) feet in width. (Former Section CZ#A314-22(C)(5)(b))
107.1.3.5.2.2If the streets within the manufactured home park are less than forty (40) feet in width, the ratio for guest parking shall be one (1) space for every two (2) manufactured home sites, accomplished by the use of parking bays containing at least four (4) parking spaces per bay. Such bays shall be located no greater than two hundred (200) feet apart. (Former Section CZ#A314-22(C)(5)(b))
107.1.3.5.3If any type of commercial use(s) is (are) proposed within the manufactured home park, additional parking shall be provided consistent with the Off-Street Parking Requirements in Section 313-109.1. (Former Section CZ#A314-22(C)(5)(c))
107.1.3.6 Fencing and Landscaping.
107.1.3.6.1Every manufactured home park shall provide an ornamental, sight-obscuring fence, wall, or other suitable screening/planting, with a minimum height of six (6) feet, along all boundaries of the manufactured home park site that abut on public roads, or on property lines. (Former Section CZ#A314-22(C)(6)(a))
107.1.3.6.2All areas not used for access, parking, circulation, recreation, or services shall be completely and permanently landscaped and the entire site shall be maintained in a neat, orderly, and sanitary condition. (Former Section CZ#A314-22(C)(6)(b))
107.1.3.7 Storage Area. A minimum outdoor storage shed of forty-eight (48) square feet shall be provided for each unit. (Former Section CZ#A314-22(C)(7))
107.1.4 Exceptions for Existing Substandard Manufactured Home Parks. The Hearing Officer may modify the requirements of Section 107.1.3 for an existing substandard park proposed to be enlarged or altered; provided, that the modifications are limited to the extent that an overall improvement in the design or standards of such existing park will result, and subject to making the applicable findings
for granting exceptions in Chapter 2, Procedures, of this Code. (For more information on manufactured homes, see Section 313-132, Nonconforming Structures, and Section 313-69.05, Accessory Dwelling Units.) (Former Section CZ#A314-22(D))
107.2 MERGER OF SUBSTANDARD LOTS
107.2.1A substandard lot can be developed or sold if: (Former Section CZ#A314-21(A))
107.2.1.1The substandard lot in question was lawfully created; and (Former Section CZ#A314-21(A)(1))
107.2.1.2The substandard lot has not been merged with adjoining property. (Former Section CZ#A314-21(A)(2))
107.2.2Where the owner of a substandard lot owns adjoining property, the substandard lot may be merged with the adjoining property, pursuant to the provisions of state law and this Code. Thereafter the merged lots must be developed or sold as one unit or lot. Separate conveyance of the merged lots is prohibited. Notwithstanding the above, adjacent substandard lots do not merge if each of them has been fully developed in accordance with the zoning regulations for the zone in which said lots are located. (Former Section CZ#A314-21(B); Ord. 1104, 1/5/76; Amended by Ord. 1875, Sec. 3, 9/26/89) (Ord. 2717, § 6, 6/27/2023) Your Selections
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107.1 MANUFACTURED HOME PARK DEVELOPMENT
107.1.1 Purpose. The purpose of these regulations is to establish standards for the development of new manufactured home parks and the expansion of existing manufactured home parks in Humboldt County. (Former Section CZ#A314-22(A))
107.1.2 Applicability. These regulations shall apply to the development, expansion, or alteration of any manufactured home park, as defined in the Manufactured Home Park use type. (Former Section CZ#A314-22(B))
107.1.3 Development Standards. The construction, alteration or expansion of a manufactured home park shall be subject to the following development standards, except as provided herein: (Former Section CZ#A314-22(C))
107.1.3.1 Minimum Lot Size. No manufactured home park shall be permitted on a lot that is less than five (5) acres in area. (Former Section CZ#A314-22(C)(1); Amended by Ord. 2167, Sec. 27, 4/7/98)
107.1.3.2 Minimum Recreation Area. A minimum recreation area of fifteen hundred (1,500) net square feet per acre of manufactured home park shall be provided and improved in conjunction with the development. (Former Section CZ#A314-22(C)(2))
107.1.3.3 Minimum Yards. Minimum yards around manufactured home parks - front, side and rear, twenty (20) feet. Yard areas may not be used to satisfy the minimum recreation area that is required by this section. (Former Section CZ#A314-22(C)(3); Amended by Ord. 2167, Sec. 27, 4/7/98)
107.1.3.4 Access.
107.1.3.4.1All manufactured home parks shall have either one (1) fifty (50) foot minimum width access or two (2) twenty-five (25) foot minimum width permanent points of access to a public road. (Former Section CZ#A314-22(C)(4)(a))
107.1.3.4.2All circulation roads within the park shall be a minimum of twenty-four (24) feet (two-way traffic) from curb to curb and shall be increased in width by eight (8) feet for curb parking space on each side of the street on which such curb parking is permitted. (Former Section CZ#A314-22(C)(4) (b))
107.1.3.4.3All roads and parking spaces shall be permanently paved. (Former Section CZ#A314-22(C)(4)(c))
107.1.3.5 Parking.
107.1.3.5.1Two (2) on-site parking spaces or the equivalent in parking bays shall be provided for each manufactured home site. A parking space shall not be less than eight (8) feet wide and eighteen (18) feet long, and shall contain seven (7) feet of vertical clearance. (Former Section CZ#A314-22(C)(5)(a))
107.1.3.5.2Guest parking shall be provided at a ratio of one (1) space for every four (4) manufactured home sites.
107.1.3.5.2.1On-street parking is acceptable in meeting this requirement if all the streets providing the spaces are constructed to forty (40) feet in width. (Former Section CZ#A314-22(C)(5)(b))
107.1.3.5.2.2If the streets within the manufactured home park are less than forty (40) feet in width, the ratio for guest parking shall be one (1) space for every two (2) manufactured home sites, accomplished by the use of parking bays containing at least four (4) parking spaces per bay. Such bays shall be located no greater than two hundred (200) feet apart. (Former Section CZ#A314-22(C)(5)(b))
107.1.3.5.3If any type of commercial use(s) is (are) proposed within the manufactured home park, additional parking shall be provided consistent with the Off-Street Parking Requirements in Section 313-109.1. (Former Section CZ#A314-22(C)(5)(c))
107.1.3.6 Fencing and Landscaping.
107.1.3.6.1Every manufactured home park shall provide an ornamental, sight-obscuring fence, wall, or other suitable screening/planting, with a minimum height of six (6) feet, along all boundaries of the manufactured home park site that abut on public roads, or on property lines. (Former Section CZ#A314-22(C)(6)(a))
107.1.3.6.2All areas not used for access, parking, circulation, recreation, or services shall be completely and permanently landscaped and the entire site shall be maintained in a neat, orderly, and sanitary condition. (Former Section CZ#A314-22(C)(6)(b))
107.1.3.7 Storage Area. A minimum outdoor storage shed of forty-eight (48) square feet shall be provided for each unit. (Former Section CZ#A314-22(C)(7))
107.1.4 Exceptions for Existing Substandard Manufactured Home Parks. The Hearing Officer may modify the requirements of Section 107.1.3 for an existing substandard park proposed to be enlarged or altered; provided, that the modifications are limited to the extent that an overall improvement in the design or standards of such existing park will result, and subject to making the applicable findings
for granting exceptions in Chapter 2, Procedures, of this Code. (For more information on manufactured homes, see Section 313-132, Nonconforming Structures, and Section 313-69.05, Accessory Dwelling Units.) (Former Section CZ#A314-22(D))
107.2 MERGER OF SUBSTANDARD LOTS
107.2.1A substandard lot can be developed or sold if: (Former Section CZ#A314-21(A))
107.2.1.1The substandard lot in question was lawfully created; and (Former Section CZ#A314-21(A)(1))
107.2.1.2The substandard lot has not been merged with adjoining property. (Former Section CZ#A314-21(A)(2))
107.2.2Where the owner of a substandard lot owns adjoining property, the substandard lot may be merged with the adjoining property, pursuant to the provisions of state law and this Code. Thereafter the merged lots must be developed or sold as one unit or lot. Separate conveyance of the merged lots is prohibited. Notwithstanding the above, adjacent substandard lots do not merge if each of them has been fully developed in accordance with the zoning regulations for the zone in which said lots are located. (Former Section CZ#A314-21(B); Ord. 1104, 1/5/76; Amended by Ord. 1875, Sec. 3, 9/26/89) (Ord. 2717, § 6, 6/27/2023) Your Selections
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109.1 OFF-STREET PARKING
109.1.1 Purpose.
109.1.1.1The intent of these requirements is to provide for the on-site, off-street parking of motor vehicles that are associated with any use or uses on the premises. The facilities required by this section represent the minimum that will be required for the various land use types (as specified by the zoning designation or as allowed by a permit for the use). (Former Section CZ#A314-26)
109.1.1.2It shall be the responsibility of the developer, owner or operator of any specific use to provide “adequate off-street parking,” even if the amount of such parking is in excess of the minimum requirements set forth in this section. “Adequate Off-Street Parking” means an amount of parking sufficient to meet the level of anticipated parking demand generated by the use for which the parking is required. (Former Section CZ#A314-26)
109.1.1.3The purpose of these requirements is to enhance public safety by minimizing traffic congestion, by providing for off-street motor vehicle parking, and thereby permitting safe passage for vehicle passengers and pedestrians to and from their destinations. More off-street parking will allow on-street parking to be limited or prohibited to permit greater utilization of streets for moving traffic. (Former Section CZ#A314-26))
109.1.2 Applicability. These requirements shall apply in all zones to the activities specified herein. (Former Section CZ#A314-26(B))
109.1.3 General Requirements.
109.1.3.1 Location of Off-Street Parking. Required parking facilities shall be located on the same building site and conveniently proximate to the use or uses they serve, and shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times. Exceptions to the location requirement for parking facilities for commercial uses may be allowed if it is found that: (Former Section CZ#A314-26(C)(1))
109.1.3.1.1A substitute parking area is provided and remains available for as long as the use for which the parking is required continues; and (Former Section CZ#A314-26(C)(1)(a))
109.1.3.1.2The substitute parking is within an area designated in the General Plan for commercial or other business use, and within which area parking is a permitted and compatible use; and (Former Section CZ#A314-26(C)(1)(b))
109.1.3.1.3All or part of the substitute location is within four hundred (400) feet of the principal use for which the parking is being provided, measured in walking distance along a way open to public pedestrian passage; and (Former Section CZ#A314-26(C)(1)(c))
109.1.3.1.4The substitute parking area is either: (1) owned by the owner of the property on which is located the use for which the parking is required, or (2) is owned by a public entity empowered to provide public parking facilities, and the property is developed for that purpose; or (Former Section CZ#A314-26(C)(1)(d))
109.1.3.1.5Consistent with the general requirements in this section which may be applicable, there is available a site specifically designated for entrepreneurial parking at which substitute parking can be provided at the expense of the party seeking the exception to on-site parking. When substitute parking is provided in this manner, a Special Permit shall be required for such substitute parking unless the use to which the parking relates is being conducted pursuant to a Use Permit. In either instance, the Special Permit or Use Permit shall contain conditions providing that: (1) an easement for the use of the site for parking shall be obtained and filed with the County Recorder prior to the issuance of building permits, and (2) providing that the use shall automatically terminate at any time when the required parking is not fully available for the associated use. (Former Section CZ#A314-26(C)(1)(e))
109.1.3.2 Size and Improvement.
109.1.3.2.1Each normal size parking space shall be not less than eight (8) feet wide, eighteen (18) feet long and contain seven (7) feet of vertical clearance; (Former Section CZ#A314-26(C)(2)(a))
109.1.3.2.2Each compact car space shall be not less than seven and one-half (7½) feet wide and sixteen (16) feet long. (Former Section CZ#A314-26(C)(2)(b))
109.1.3.2.2.1No compact car spaces shall be allowed in parking areas containing less than ten (10) parking spaces. (Former Section CZ#A314-26(C)(2)(b)(i))
109.1.3.2.2.2In lots where compact car spaces are permitted, up to twenty-five percent (25%) of all spaces in the lot may be compact car parking spaces. (Former Section CZ#A314-26(C)(2)(b)(ii))
109.1.3.2.2.3Compact car spaces shall be visibly marked with signs and shall be clustered in one section of the parking area. (Former Section CZ#A314-26(C)(2)(b)(iii))
109.1.3.2.3Each loading space shall be not less than ten (10) feet wide, sixty (60) feet long and shall contain at least fourteen (14) feet of vertical clearance. (Former Section CZ#A314-26(C)(2)(c))
109.1.3.2.4In recreational use areas, adequate parking facilities shall be provided consistent with the level of anticipated use. Special parking provisions shall be made for recreational vehicles, boats and trailers. (Former Section CZ#A314-26(C)(2)(d))
109.1.3.2.5All improvements to parking spaces, driveway locations, and maneuvering areas shall be improved to levels consistent with the anticipated uses as determined by the Department of Public Works. (Former Section CZ#A314-26(C)(2)(e))
109.1.3.3 Required Off-Street Parking.
109.1.3.3.1Off-street parking facilities shall be provided for any new building constructed and for any new use established. (Former Section CZ#A314-26(C)(3))
109.1.3.3.2Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any manner of operation that would result in additional parking spaces being required, provided that the required additional parking shall be based only on the parking required for the addition, enlargement, or change. (Former Section CZ#A314-26(C)(3))
109.1.3.4 Requirements for Lots Fronting Unimproved Roads. Wherever the use for which off-street parking is required is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, the following provisions shall be applicable: (Former Section CZ#A314-26(C)(4))
109.1.3.4.1Additional improved off-street parking must be provided consistent with the standards of Section 313-109.1.4, or a parking lane may be constructed along the frontage of the lot in lieu of such additional parking requirements. (Former Section CZ#A314-26(C) (4)(a))
109.1.3.4.2If the lot frontage exceeds 120 feet the parking lane shall not be required to accommodate more than three (3) vehicles. Construction standards for the parking lane shall be as specified by the Department of Public Works in accordance with the Appendix to Title III, Division 2 of this Code, establishing subdivision design and improvement standards. (Former Section CZ#A314-26(C)(4) (b); Amended by Ord. 1842, Sec. 23, 8/16/88)
109.1.3.5Parking Requirements for Lawfully Established Uses Which Are Not in Compliance with Current Parking Requirements. (Former Section CZ#A314-26(C)(5))
109.1.3.5.1Whenever existing uses not in compliance with the parking standards of this Code are transferred to new owners or operators who will continue the use without significant change, or when new uses are initiated within existing structures which generate the same level of parking demand as the former use, no additional parking spaces shall be required. (Former Section CZ#A314-26(C)(5)(a))
109.1.3.5.2Whenever the use of any premises which is not in compliance with the parking standards of this Code is enlarged, expanded, or intensified, additional parking spaces consistent with this Code shall be provided only for the enlargement, expansion, or intensification, and not for the entire use. (Former Section CZ#A314-26(C)(5)(b))
109.1.3.5.3Whenever the use of any premises which is not in compliance with the parking standards of this Code is changed to a use where a higher parking demand is identified, additional parking spaces consistent with this Code shall be provided only for the additional intensity of the use, and not for the entire use. When a new use generates a lower parking demand, no additional parking spaces will be required. (Former Section CZ#A314-26(C)(5)(c))
109.1.3.5.4Levels of use, as they relate to this division, shall be determined by the Director based on engineering standards and design studies, and the principal and conditional uses of the specific zone district. (Former Section CZ#A314-26(C)(5)(d))
109.1.3.5.5Notwithstanding the foregoing provisions of this section, existing uses are not subject to the requirements for parking only to the extent that the use was lawfully created and continues as a lawful use. If the use was not lawfully established or is no longer lawfully being carried out, the parking provisions of this section apply to both the existing use as well as any expansion thereto.
109.1.3.6 Multiple Uses and Joint Uses.
109.1.3.6.1Whenever more than one use is proposed for a development site, the total off-street parking spaces required shall be the sum of the spaces required for each use. (Former Section CZ#A314-26(C)(6)
109.1.3.6.2Off-street parking facilities for one use shall not be considered as providing parking facilities for any other use, except when use of the parking facilities for the different uses would not be concurrent or would otherwise not be conflicting, as determined by the Planning Commission at a noticed public hearing. (Former Section CZ#A314-26(C)(6))
109.1.3.7 Lighting. Any lights used to illuminate the parking spaces or driveways shall be designed and located so that direct rays are confined to the property where the parking is located. (Former Section CZ#A314-26(C)(7))
109.1.3.8 Parking Facilities for the Physically Handicapped. Facilities accommodating the general public, including but not limited to auditoriums, theaters, restaurants, hotels, motels, stadiums, retail establishments, medical offices and office buildings shall provide
parking spaces for the physically handicapped in compliance with the Humboldt County Code and the following provisions: (Former Section CZ#A314-26(C)(8))
109.1.3.8.1The handicapped parking spaces shall be fourteen (14) feet wide and eighteen (18) feet long. (Former Section CZ#A31426(C)(8)(a))
109.1.3.8.2Parking facilities containing six (6) through forty (40) spaces, inclusive, shall include one (1) handicapped parking space permanently signed with the International Symbol of Accessibility. One handicapped space shall be provided for each additional forty (40) spaces or portion thereof. (Former Section CZ#A314-26(C)(8)(b))
109.1.3.8.3Two (2) handicapped spaces, permanently signed, shall be required in conjunction with any use or combined uses which occur within a space of more than 10,000 square feet gross floor area. (Former Section CZ#A314-26(C)(8)(c))
109.1.3.9 Parking Spaces for Uses Not Specified. The parking space requirements for uses not set forth herein shall be fixed by the Director and shall be based upon the available studies and standards for the most comparable use. (Former Section CZ#A314-26(C) (9))
109.1.3.10 Fractional Spaces. Where the application of the parking schedule results in a fractional parking space requirement, a fraction of 0.5 or higher shall be resolved to the higher whole number. (Former Section CZ#A314-26(C)(10))
109.1.3.11 Variable Parking Demand. Where demand for parking is variable because of work shifts or peak business periods, parking space requirements shall be based upon the periods of highest parking demand. (Former Section CZ#A314-26(C)(11))
109.1.3.12 Exceptions. Exceptions to the requirements for the number of off-street parking spaces may be allowed subject to securing a Special Permit. Exceptions may be granted by the Hearing Officer based upon the following factors: geographic location of site, sitespecific topographic constraints, historically designated structures, proximity to urban built-up areas, and levels of anticipated use. (Former Section CZ#A314-26(C)(12))
109.1.4 Parking Spaces Required. The number of off-street parking spaces required shall not be less than the following: (Former Section CZ#A314-26(D))
109.1.4.1 Residential Uses.
109.1.4.1.1 Single Detached and Duplex Building Types. (Former Section CZ#A314-26(D)(1)(a))
109.1.4.1.1.1 Spaces Required, Setback. One (1) parking space for each dwelling unit containing not more than one (1) bedroom; two (2) parking spaces for each dwelling unit containing more than one (1) bedroom. The required parking shall be sited outside the front yard setback. The following exceptions apply to accessory dwelling units: (Former Section CZ#A314-26(D)(1)(a)(i))
109.1.4.1.1.1.1 Accessory Dwelling Unit Exception.
109.1.4.1.1.1.1.1One (1) parking space for each accessory dwelling unit. These spaces may be provided in tandem on a driveway. Offstreet parking shall be permitted in setback areas or through tandem parking, unless parking in setback areas or tandem parking is not feasible based on specific site conditions, or regional topographical conditions, or fire and life safety conditions.
109.1.4.1.1.1.1.2Parking standards for an ADU shall not apply if the ADU is (1) located within one-half (1/2) mile of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.
109.1.4.1.1.2Except as provided in subsection 109.1.4.1.1.3, when a single-family residence or duplex is proposed on a parcel that is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, parking spaces in addition to those required by subsection 109.1.4.1.1.1, shall be provided as follows: (Former Section CZ#A314-26(D)(1)(a)(ii))
109.1.4.1.1.2.1One (1) space for each single-family residence containing one bedroom or less; (Former Section CZ#A314-26(D)(1)(a) (ii))
109.1.4.1.1.2.2One (1) space for each duplex unit; (Former Section CZ#A314-26(D)(1)(a)(ii))
109.1.4.1.1.2.3Two (2) spaces for each single-family residence containing two or more bedrooms. (Former Section CZ#A314-26(D)(1) (a)(ii); Amended by Ord. 1842, Sec. 23, 8/16/88)
109.1.4.1.1.3Instead of providing the additional parking spaces required by subsection 109.1.4.1.1.2, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards required by subsection 313-109.1.3.4, Requirements for Lots Fronting Unimproved Roads. (Former Section CZ#A314-26(D)(1)(a)(iii))
109.1.4.1.1.4Driveway opening shall be in conformance with the standards detailed in Section 411 and following of this Code (the Encroachment Regulations). (Former Section CZ#A314-26(D)(1)(a)(iv))
109.1.4.1.2Multiple Unit Building Types With More Than Two Dwelling Units. (Former Section CZ#A314- 26(D)(1)(b))
109.1.4.1.2.1One (1) parking space for each unit containing one (1) bedroom or less; two (2) parking spaces for each two (2) or three (3) bedroom dwelling unit; two and one-half (2½) parking spaces for each dwelling unit containing four (4) or more bedrooms. (Former Section CZ#A314-26(D)(1)(b)(i))
109.1.4.1.2.2Except as provided in subsection 109.1.4.1.2.3, if the units are proposed on a parcel that is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, parking spaces in addition to those required by subsection 109.1.4.1.2.1, shall be provided as follows: (Former Section CZ#A314-26(D)(1)(b)(ii))
109.1.4.1.2.2.1One-half (½) space for each one bedroom unit; (Former Section CZ#A314-26(D)(1)(b)(ii))
109.1.4.1.2.2.2Three-quarters (¾) space for each two or three bedroom unit. (Former Section CZ#A314-26(D)(1)(b)(ii))
109.1.4.1.2.2.3One (1) space for each four (4) bedroom unit. (Former Section CZ#A314-26(D)(1)(b)(ii))
109.1.4.1.2.3Instead of providing the additional parking spaces required by subsection 109.1.4.1.2.2, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards required by subsection 313-109.1.3.4. (Former Section CZ#A314-26(D)(1)(b)(iii))
109.1.4.1.2.4Driveway openings shall be in conformance with the standards detailed in the Encroachment Regulations of Section 411 and following of this Code. (Former Section CZ#A314-26(D)(1)(b)(iv))
109.1.4.1.3 Hotel, Motel, Rooming House. One (1) parking space for each sleeping unit, plus two (2) manager parking spaces. (Former Section CZ#A314-26(D)(1)(c))
109.1.4.1.4 Senior Housing Complex. One (1) parking space for every two dwelling units (2du). A parking space requirement study may be conducted to identify the special parking needs for such projects. Parking facilities shall include handicapped parking spaces no less than specified in this Section 109.1.4. (Former Section CZ#A314-26(D)(1)(d))
109.1.4.1.5 Rest Homes and/or Convalescent Homes. One (1) parking space for every five (5) licensed patient beds, plus the higher of either: one (1) parking space for every 500 square feet of gross floor area; or one parking space for each employee of the peak shift. (Former Section CZ#A314-26(D)(2)(e))
109.1.4.2 Civic Uses.
109.1.4.2.1 Hospitals. One (1) parking space per bed, plus one (1) space for every three (3) employees and medical staff members. (Former Section CZ#A314-26(D)(2)(a))
109.1.4.2.2 Clinics. One (1) parking space for every 300 square feet of gross floor area, plus one (1) space for each employee and doctor or other professional attendant serving the clinic, with a minimum of four (4) spaces required. (Former Section CZ#A314-26(D)(2)(b))
109.1.4.2.3 Churches. One (1) parking space for every four (4) seats of seating or occupancy capacity, as determined by the Fire Marshal, in the largest assembly area of the church, plus one (1) parking space for every thirty (30) square feet of gross floor area in said assembly area not used for seating. (Former Section CZ#A314-26(D)(2)(c))
109.1.4.2.4 Schools.
109.1.4.2.4.1 Kindergarten/Day Care Center. One (1) parking space for every ten (10) children, plus one (1) space for each employee. Additionally, sufficient loading area should be provided for the safe loading and unloading of children and adults; (Former Section CZ#A314-26(D)(2)(d)(i))
109.1.4.2.4.2 Elementary Schools. One (1) parking space for every ten (10) children, plus one (1) space for each employee; (Former Section CZ#A314-26(D)(2)(d)(ii))
109.1.4.2.4.3 Junior High/Middle Schools and High Schools. One (1) parking space for every five (5) students, plus one (1) space for each employee; (Former Section CZ#A314-26(D)(2)(d)(iii))
109.1.4.2.4.4 College and Trade Schools. One (1) parking space for every five (5) students, plus one (1) space for each employee; (Former Section CZ#A314-26(D)(2)(d) (iv))
109.1.4.3 Commercial Uses.
109.1.4.3.1 Retail Sales/Service. One (1) parking space for every 300 square feet of gross floor area, with a minimum of four (4) spaces plus one (1) for each employee. (Former Section CZ#A314-26(D)(3)(a))
109.1.4.3.2 Furniture/Appliance Sales. One (1) parking space for every 750 square feet of gross floor area, with a minimum of four (4) spaces plus one (1) for each employee. (Former Section CZ#A314-26(D)(3)(b))
109.1.4.3.3 Restaurants. The higher of either: one (1) parking space for each 200 square feet of gross floor area; or one (1) parking space for every four (4) seats. Additionally, one (1) parking space for every two (2) employees shall be provided. (Former Section CZ#A314-26(D)(3)(c))
109.1.4.3.4 Theaters/Stadiums. One (1) parking space for every four (4) seats, plus one (1) space for every two (2) employees. (Former Section CZ#A314-26(D)(3)(d))
109.1.4.3.5 Offices. One (1) parking space for every 300 square feet of gross floor area, plus one (1) for each employee. (Former Section CZ#A314-26(D)(3)(e))
109.1.4.3.6 Dance Halls/Amusements. The higher of either: one (1) parking space for every four (4) seats; or one (1) parking space for each 200 square feet of gross floor area. (Former Section CZ#A314-26(D)(3)(f))
109.1.4.3.7 Shopping Centers. A shopping center covering two acres (2a) or more shall provide one (1) parking space per 200 square feet of gross floor area. Neighborhood shopping centers less than two acres (2a) shall provide parking spaces as required for retail sales or service uses. (Former Section CZ#A314-26(D)(3)(g))
109.1.4.4 Industrial Uses.
109.1.4.4.1 Management Offices. One (1) parking space for every 300 square feet of gross floor area, plus one (1) for each employee. (Former Section CZ#A314-26(D)(3)(e); CZ#A314-26(D)(4)(a))
109.1.4.4.2 Manufacturing. The higher of either: one (1) parking space for each 1500 square feet of gross floor space within all enclosed building areas; or one (1) parking space for each employee at the peak shift. A minimum of two (2) parking spaces are required. (Former Section CZ#A314-26(D)(4)(b))
109.1.4.4.3 Warehouse. The higher of either: one (1) parking space for every four (4) employees; or one (1) parking space for each 2,500 square feet of gross floor area. (Former Section CZ#A314-26(D)(4)(c))
109.1.5 Loading Spaces Required. The minimum number of off-street loading spaces required shall be as follows: (Former Section CZ#A314-26(E))
109.1.5.1One (1) loading space for each twenty thousand (20,000) square feet of gross floor area, or portion thereof. The loading space requirement for uses containing ten thousand (10,000) square feet or less may be eliminated upon issuance of a special permit by the Director, in conjunction with the Public Works Department, based on the type and intensity of the proposed use. (Former Section CZ#A314-26(E)(1))
109.1.5.2Exceptions to loading space size requirements may be allowed subject to securing a Special Permit. Exceptions may be granted by the Hearing Officer based upon the following factors: geographic location of the site; site specific topographic constraints; identification as a Rural Center in the Community Plan; historically designated structures; proximity to urban built-up areas; and levels of anticipated use. (See, Chapter 2, Section 312-9, Public Hearing Requirements, regarding Hearing Officers; and Section 31241.1, Required Findings for Granting Exceptions with a Special Permit.) (Former Section CZ#A314-26(E)(2))
109.1.6 Additional Requirements.
109.1.6.1Any off-street parking area for other than residential uses wherein five (5) or more spaces are proposed shall be in conformance with the standards detailed in Section 411 and following (Encroachment Regulations) of this Code, and shall be designed so as to provide sufficient maneuvering room for vehicles on-site so that they may leave the site to enter onto any street without backing onto the street. The adequacy of maneuvering room shall be determined by the Department of Public Works, based upon engineering standards. (Former Section CZ#A314-26(F)(1))
ection 411 and following (Encroachment Regulations) of this Code, and shall be designed so as to provide sufficient maneuvering room for vehicles on-site so that they may leave the site to enter onto any street without backing onto the street. The adequacy of maneuvering room shall be determined by the Department of Public Works, based upon engineering standards. (Former Section CZ#A314-26(F)(1))
109.1.6.2 Landscaping. The Planning Commission may require the landscaping of any off-street parking facility. The landscaping material, if required, should be appropriately placed within off-street parking areas that are equivalent to not less than two percent (2%) of the total area devoted to such off-street parking areas and associated drives or aisles. Such landscaping shall be designed to be consistent with Title III, Division 4 of the Humboldt County Code relating to visibility corridors along streets and highways. The Planning Commission may require a landscaping plan approved by the Design Review Committee established as part of each area plan. (Former Section CZ#A314-26(F)(2)) (Ord. 2717, § 7, 6/27/2023) Your Selections
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109.1 OFF-STREET PARKING
109.1.1 Purpose.
109.1.1.1The intent of these requirements is to provide for the on-site, off-street parking of motor vehicles that are associated with any use or uses on the premises. The facilities required by this section represent the minimum that will be required for the various land use types (as specified by the zoning designation or as allowed by a permit for the use). (Former Section CZ#A314-26)
109.1.1.2It shall be the responsibility of the developer, owner or operator of any specific use to provide “adequate off-street parking,” even if the amount of such parking is in excess of the minimum requirements set forth in this section. “Adequate Off-Street Parking” means an amount of parking sufficient to meet the level of anticipated parking demand generated by the use for which the parking is required. (Former Section CZ#A314-26)
109.1.1.3The purpose of these requirements is to enhance public safety by minimizing traffic congestion, by providing for off-street motor vehicle parking, and thereby permitting safe passage for vehicle passengers and pedestrians to and from their destinations. More off-street parking will allow on-street parking to be limited or prohibited to permit greater utilization of streets for moving traffic. (Former Section CZ#A314-26))
109.1.2 Applicability. These requirements shall apply in all zones to the activities specified herein. (Former Section CZ#A314-26(B))
109.1.3 General Requirements.
109.1.3.1 Location of Off-Street Parking. Required parking facilities shall be located on the same building site and conveniently proximate to the use or uses they serve, and shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times. Exceptions to the location requirement for parking facilities for commercial uses may be allowed if it is found that: (Former Section CZ#A314-26(C)(1))
109.1.3.1.1A substitute parking area is provided and remains available for as long as the use for which the parking is required continues; and (Former Section CZ#A314-26(C)(1)(a))
109.1.3.1.2The substitute parking is within an area designated in the General Plan for commercial or other business use, and within which area parking is a permitted and compatible use; and (Former Section CZ#A314-26(C)(1)(b))
109.1.3.1.3All or part of the substitute location is within four hundred (400) feet of the principal use for which the parking is being provided, measured in walking distance along a way open to public pedestrian passage; and (Former Section CZ#A314-26(C)(1)(c))
109.1.3.1.4The substitute parking area is either: (1) owned by the owner of the property on which is located the use for which the parking is required, or (2) is owned by a public entity empowered to provide public parking facilities, and the property is developed for that purpose; or (Former Section CZ#A314-26(C)(1)(d))
109.1.3.1.5Consistent with the general requirements in this section which may be applicable, there is available a site specifically designated for entrepreneurial parking at which substitute parking can be provided at the expense of the party seeking the exception to on-site parking. When substitute parking is provided in this manner, a Special Permit shall be required for such substitute parking unless the use to which the parking relates is being conducted pursuant to a Use Permit. In either instance, the Special Permit or Use Permit shall contain conditions providing that: (1) an easement for the use of the site for parking shall be obtained and filed with the County Recorder prior to the issuance of building permits, and (2) providing that the use shall automatically terminate at any time when the required parking is not fully available for the associated use. (Former Section CZ#A314-26(C)(1)(e))
109.1.3.2 Size and Improvement.
109.1.3.2.1Each normal size parking space shall be not less than eight (8) feet wide, eighteen (18) feet long and contain seven (7) feet of vertical clearance; (Former Section CZ#A314-26(C)(2)(a))
109.1.3.2.2Each compact car space shall be not less than seven and one-half (7½) feet wide and sixteen (16) feet long. (Former Section CZ#A314-26(C)(2)(b))
109.1.3.2.2.1No compact car spaces shall be allowed in parking areas containing less than ten (10) parking spaces. (Former Section CZ#A314-26(C)(2)(b)(i))
109.1.3.2.2.2In lots where compact car spaces are permitted, up to twenty-five percent (25%) of all spaces in the lot may be compact car parking spaces. (Former Section CZ#A314-26(C)(2)(b)(ii))
109.1.3.2.2.3Compact car spaces shall be visibly marked with signs and shall be clustered in one section of the parking area. (Former Section CZ#A314-26(C)(2)(b)(iii))
109.1.3.2.3Each loading space shall be not less than ten (10) feet wide, sixty (60) feet long and shall contain at least fourteen (14) feet of vertical clearance. (Former Section CZ#A314-26(C)(2)(c))
109.1.3.2.4In recreational use areas, adequate parking facilities shall be provided consistent with the level of anticipated use. Special parking provisions shall be made for recreational vehicles, boats and trailers. (Former Section CZ#A314-26(C)(2)(d))
109.1.3.2.5All improvements to parking spaces, driveway locations, and maneuvering areas shall be improved to levels consistent with the anticipated uses as determined by the Department of Public Works. (Former Section CZ#A314-26(C)(2)(e))
109.1.3.3 Required Off-Street Parking.
109.1.3.3.1Off-street parking facilities shall be provided for any new building constructed and for any new use established. (Former Section CZ#A314-26(C)(3))
109.1.3.3.2Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any manner of operation that would result in additional parking spaces being required, provided that the required additional parking shall be based only on the parking required for the addition, enlargement, or change. (Former Section CZ#A314-26(C)(3))
109.1.3.4 Requirements for Lots Fronting Unimproved Roads. Wherever the use for which off-street parking is required is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, the following provisions shall be applicable: (Former Section CZ#A314-26(C)(4))
109.1.3.4.1Additional improved off-street parking must be provided consistent with the standards of Section 313-109.1.4, or a parking lane may be constructed along the frontage of the lot in lieu of such additional parking requirements. (Former Section CZ#A314-26(C) (4)(a))
109.1.3.4.2If the lot frontage exceeds 120 feet the parking lane shall not be required to accommodate more than three (3) vehicles. Construction standards for the parking lane shall be as specified by the Department of Public Works in accordance with the Appendix to Title III, Division 2 of this Code, establishing subdivision design and improvement standards. (Former Section CZ#A314-26(C)(4) (b); Amended by Ord. 1842, Sec. 23, 8/16/88)
109.1.3.5Parking Requirements for Lawfully Established Uses Which Are Not in Compliance with Current Parking Requirements. (Former Section CZ#A314-26(C)(5))
109.1.3.5.1Whenever existing uses not in compliance with the parking standards of this Code are transferred to new owners or operators who will continue the use without significant change, or when new uses are initiated within existing structures which generate the same level of parking demand as the former use, no additional parking spaces shall be required. (Former Section CZ#A314-26(C)(5)(a))
109.1.3.5.2Whenever the use of any premises which is not in compliance with the parking standards of this Code is enlarged, expanded, or intensified, additional parking spaces consistent with this Code shall be provided only for the enlargement, expansion, or intensification, and not for the entire use. (Former Section CZ#A314-26(C)(5)(b))
109.1.3.5.3Whenever the use of any premises which is not in compliance with the parking standards of this Code is changed to a use where a higher parking demand is identified, additional parking spaces consistent with this Code shall be provided only for the additional intensity of the use, and not for the entire use. When a new use generates a lower parking demand, no additional parking spaces will be required. (Former Section CZ#A314-26(C)(5)(c))
109.1.3.5.4Levels of use, as they relate to this division, shall be determined by the Director based on engineering standards and design studies, and the principal and conditional uses of the specific zone district. (Former Section CZ#A314-26(C)(5)(d))
109.1.3.5.5Notwithstanding the foregoing provisions of this section, existing uses are not subject to the requirements for parking only to the extent that the use was lawfully created and continues as a lawful use. If the use was not lawfully established or is no longer lawfully being carried out, the parking provisions of this section apply to both the existing use as well as any expansion thereto.
109.1.3.6 Multiple Uses and Joint Uses.
109.1.3.6.1Whenever more than one use is proposed for a development site, the total off-street parking spaces required shall be the sum of the spaces required for each use. (Former Section CZ#A314-26(C)(6)
109.1.3.6.2Off-street parking facilities for one use shall not be considered as providing parking facilities for any other use, except when use of the parking facilities for the different uses would not be concurrent or would otherwise not be conflicting, as determined by the Planning Commission at a noticed public hearing. (Former Section CZ#A314-26(C)(6))
109.1.3.7 Lighting. Any lights used to illuminate the parking spaces or driveways shall be designed and located so that direct rays are confined to the property where the parking is located. (Former Section CZ#A314-26(C)(7))
109.1.3.8 Parking Facilities for the Physically Handicapped. Facilities accommodating the general public, including but not limited to auditoriums, theaters, restaurants, hotels, motels, stadiums, retail establishments, medical offices and office buildings shall provide
parking spaces for the physically handicapped in compliance with the Humboldt County Code and the following provisions: (Former Section CZ#A314-26(C)(8))
109.1.3.8.1The handicapped parking spaces shall be fourteen (14) feet wide and eighteen (18) feet long. (Former Section CZ#A31426(C)(8)(a))
109.1.3.8.2Parking facilities containing six (6) through forty (40) spaces, inclusive, shall include one (1) handicapped parking space permanently signed with the International Symbol of Accessibility. One handicapped space shall be provided for each additional forty (40) spaces or portion thereof. (Former Section CZ#A314-26(C)(8)(b))
109.1.3.8.3Two (2) handicapped spaces, permanently signed, shall be required in conjunction with any use or combined uses which occur within a space of more than 10,000 square feet gross floor area. (Former Section CZ#A314-26(C)(8)(c))
109.1.3.9 Parking Spaces for Uses Not Specified. The parking space requirements for uses not set forth herein shall be fixed by the Director and shall be based upon the available studies and standards for the most comparable use. (Former Section CZ#A314-26(C) (9))
109.1.3.10 Fractional Spaces. Where the application of the parking schedule results in a fractional parking space requirement, a fraction of 0.5 or higher shall be resolved to the higher whole number. (Former Section CZ#A314-26(C)(10))
109.1.3.11 Variable Parking Demand. Where demand for parking is variable because of work shifts or peak business periods, parking space requirements shall be based upon the periods of highest parking demand. (Former Section CZ#A314-26(C)(11))
109.1.3.12 Exceptions. Exceptions to the requirements for the number of off-street parking spaces may be allowed subject to securing a Special Permit. Exceptions may be granted by the Hearing Officer based upon the following factors: geographic location of site, sitespecific topographic constraints, historically designated structures, proximity to urban built-up areas, and levels of anticipated use. (Former Section CZ#A314-26(C)(12))
109.1.4 Parking Spaces Required. The number of off-street parking spaces required shall not be less than the following: (Former Section CZ#A314-26(D))
109.1.4.1 Residential Uses.
109.1.4.1.1 Single Detached and Duplex Building Types. (Former Section CZ#A314-26(D)(1)(a))
109.1.4.1.1.1 Spaces Required, Setback. One (1) parking space for each dwelling unit containing not more than one (1) bedroom; two (2) parking spaces for each dwelling unit containing more than one (1) bedroom. The required parking shall be sited outside the front yard setback. The following exceptions apply to accessory dwelling units: (Former Section CZ#A314-26(D)(1)(a)(i))
109.1.4.1.1.1.1 Accessory Dwelling Unit Exception.
109.1.4.1.1.1.1.1One (1) parking space for each accessory dwelling unit. These spaces may be provided in tandem on a driveway. Offstreet parking shall be permitted in setback areas or through tandem parking, unless parking in setback areas or tandem parking is not feasible based on specific site conditions, or regional topographical conditions, or fire and life safety conditions.
109.1.4.1.1.1.1.2Parking standards for an ADU shall not apply if the ADU is (1) located within one-half (1/2) mile of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.
109.1.4.1.1.2Except as provided in subsection 109.1.4.1.1.3, when a single-family residence or duplex is proposed on a parcel that is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, parking spaces in addition to those required by subsection 109.1.4.1.1.1, shall be provided as follows: (Former Section CZ#A314-26(D)(1)(a)(ii))
109.1.4.1.1.2.1One (1) space for each single-family residence containing one bedroom or less; (Former Section CZ#A314-26(D)(1)(a) (ii))
109.1.4.1.1.2.2One (1) space for each duplex unit; (Former Section CZ#A314-26(D)(1)(a)(ii))
109.1.4.1.1.2.3Two (2) spaces for each single-family residence containing two or more bedrooms. (Former Section CZ#A314-26(D)(1) (a)(ii); Amended by Ord. 1842, Sec. 23, 8/16/88)
109.1.4.1.1.3Instead of providing the additional parking spaces required by subsection 109.1.4.1.1.2, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards required by subsection 313-109.1.3.4, Requirements for Lots Fronting Unimproved Roads. (Former Section CZ#A314-26(D)(1)(a)(iii))
109.1.4.1.1.4Driveway opening shall be in conformance with the standards detailed in Section 411 and following of this Code (the Encroachment Regulations). (Former Section CZ#A314-26(D)(1)(a)(iv))
109.1.4.1.2Multiple Unit Building Types With More Than Two Dwelling Units. (Former Section CZ#A314- 26(D)(1)(b))
109.1.4.1.2.1One (1) parking space for each unit containing one (1) bedroom or less; two (2) parking spaces for each two (2) or three (3) bedroom dwelling unit; two and one-half (2½) parking spaces for each dwelling unit containing four (4) or more bedrooms. (Former Section CZ#A314-26(D)(1)(b)(i))
109.1.4.1.2.2Except as provided in subsection 109.1.4.1.2.3, if the units are proposed on a parcel that is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, parking spaces in addition to those required by subsection 109.1.4.1.2.1, shall be provided as follows: (Former Section CZ#A314-26(D)(1)(b)(ii))
109.1.4.1.2.2.1One-half (½) space for each one bedroom unit; (Former Section CZ#A314-26(D)(1)(b)(ii))
109.1.4.1.2.2.2Three-quarters (¾) space for each two or three bedroom unit. (Former Section CZ#A314-26(D)(1)(b)(ii))
109.1.4.1.2.2.3One (1) space for each four (4) bedroom unit. (Former Section CZ#A314-26(D)(1)(b)(ii))
109.1.4.1.2.3Instead of providing the additional parking spaces required by subsection 109.1.4.1.2.2, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards required by subsection 313-109.1.3.4. (Former Section CZ#A314-26(D)(1)(b)(iii))
109.1.4.1.2.4Driveway openings shall be in conformance with the standards detailed in the Encroachment Regulations of Section 411 and following of this Code. (Former Section CZ#A314-26(D)(1)(b)(iv))
109.1.4.1.3 Hotel, Motel, Rooming House. One (1) parking space for each sleeping unit, plus two (2) manager parking spaces. (Former Section CZ#A314-26(D)(1)(c))
109.1.4.1.4 Senior Housing Complex. One (1) parking space for every two dwelling units (2du). A parking space requirement study may be conducted to identify the special parking needs for such projects. Parking facilities shall include handicapped parking spaces no less than specified in this Section 109.1.4. (Former Section CZ#A314-26(D)(1)(d))
109.1.4.1.5 Rest Homes and/or Convalescent Homes. One (1) parking space for every five (5) licensed patient beds, plus the higher of either: one (1) parking space for every 500 square feet of gross floor area; or one parking space for each employee of the peak shift. (Former Section CZ#A314-26(D)(2)(e))
109.1.4.2 Civic Uses.
109.1.4.2.1 Hospitals. One (1) parking space per bed, plus one (1) space for every three (3) employees and medical staff members. (Former Section CZ#A314-26(D)(2)(a))
109.1.4.2.2 Clinics. One (1) parking space for every 300 square feet of gross floor area, plus one (1) space for each employee and doctor or other professional attendant serving the clinic, with a minimum of four (4) spaces required. (Former Section CZ#A314-26(D)(2)(b))
109.1.4.2.3 Churches. One (1) parking space for every four (4) seats of seating or occupancy capacity, as determined by the Fire Marshal, in the largest assembly area of the church, plus one (1) parking space for every thirty (30) square feet of gross floor area in said assembly area not used for seating. (Former Section CZ#A314-26(D)(2)(c))
109.1.4.2.4 Schools.
109.1.4.2.4.1 Kindergarten/Day Care Center. One (1) parking space for every ten (10) children, plus one (1) space for each employee. Additionally, sufficient loading area should be provided for the safe loading and unloading of children and adults; (Former Section CZ#A314-26(D)(2)(d)(i))
109.1.4.2.4.2 Elementary Schools. One (1) parking space for every ten (10) children, plus one (1) space for each employee; (Former Section CZ#A314-26(D)(2)(d)(ii))
109.1.4.2.4.3 Junior High/Middle Schools and High Schools. One (1) parking space for every five (5) students, plus one (1) space for each employee; (Former Section CZ#A314-26(D)(2)(d)(iii))
109.1.4.2.4.4 College and Trade Schools. One (1) parking space for every five (5) students, plus one (1) space for each employee; (Former Section CZ#A314-26(D)(2)(d) (iv))
109.1.4.3 Commercial Uses.
109.1.4.3.1 Retail Sales/Service. One (1) parking space for every 300 square feet of gross floor area, with a minimum of four (4) spaces plus one (1) for each employee. (Former Section CZ#A314-26(D)(3)(a))
109.1.4.3.2 Furniture/Appliance Sales. One (1) parking space for every 750 square feet of gross floor area, with a minimum of four (4) spaces plus one (1) for each employee. (Former Section CZ#A314-26(D)(3)(b))
109.1.4.3.3 Restaurants. The higher of either: one (1) parking space for each 200 square feet of gross floor area; or one (1) parking space for every four (4) seats. Additionally, one (1) parking space for every two (2) employees shall be provided. (Former Section CZ#A314-26(D)(3)(c))
109.1.4.3.4 Theaters/Stadiums. One (1) parking space for every four (4) seats, plus one (1) space for every two (2) employees. (Former Section CZ#A314-26(D)(3)(d))
109.1.4.3.5 Offices. One (1) parking space for every 300 square feet of gross floor area, plus one (1) for each employee. (Former Section CZ#A314-26(D)(3)(e))
109.1.4.3.6 Dance Halls/Amusements. The higher of either: one (1) parking space for every four (4) seats; or one (1) parking space for each 200 square feet of gross floor area. (Former Section CZ#A314-26(D)(3)(f))
109.1.4.3.7 Shopping Centers. A shopping center covering two acres (2a) or more shall provide one (1) parking space per 200 square feet of gross floor area. Neighborhood shopping centers less than two acres (2a) shall provide parking spaces as required for retail sales or service uses. (Former Section CZ#A314-26(D)(3)(g))
109.1.4.4 Industrial Uses.
109.1.4.4.1 Management Offices. One (1) parking space for every 300 square feet of gross floor area, plus one (1) for each employee. (Former Section CZ#A314-26(D)(3)(e); CZ#A314-26(D)(4)(a))
109.1.4.4.2 Manufacturing. The higher of either: one (1) parking space for each 1500 square feet of gross floor space within all enclosed building areas; or one (1) parking space for each employee at the peak shift. A minimum of two (2) parking spaces are required. (Former Section CZ#A314-26(D)(4)(b))
109.1.4.4.3 Warehouse. The higher of either: one (1) parking space for every four (4) employees; or one (1) parking space for each 2,500 square feet of gross floor area. (Former Section CZ#A314-26(D)(4)(c))
109.1.5 Loading Spaces Required. The minimum number of off-street loading spaces required shall be as follows: (Former Section CZ#A314-26(E))
109.1.5.1One (1) loading space for each twenty thousand (20,000) square feet of gross floor area, or portion thereof. The loading space requirement for uses containing ten thousand (10,000) square feet or less may be eliminated upon issuance of a special permit by the Director, in conjunction with the Public Works Department, based on the type and intensity of the proposed use. (Former Section CZ#A314-26(E)(1))
) loading space for each twenty thousand (20,000) square feet of gross floor area, or portion thereof. The loading space requirement for uses containing ten thousand (10,000) square feet or less may be eliminated upon issuance of a special permit by the Director, in conjunction with the Public Works Department, based on the type and intensity of the proposed use. (Former Section CZ#A314-26(E)(1))
109.1.5.2Exceptions to loading space size requirements may be allowed subject to securing a Special Permit. Exceptions may be granted by the Hearing Officer based upon the following factors: geographic location of the site; site specific topographic constraints; identification as a Rural Center in the Community Plan; historically designated structures; proximity to urban built-up areas; and levels of anticipated use. (See, Chapter 2, Section 312-9, Public Hearing Requirements, regarding Hearing Officers; and Section 31241.1, Required Findings for Granting Exceptions with a Special Permit.) (Former Section CZ#A314-26(E)(2))
109.1.6 Additional Requirements.
109.1.6.1Any off-street parking area for other than residential uses wherein five (5) or more spaces are proposed shall be in conformance with the standards detailed in Section 411 and following (Encroachment Regulations) of this Code, and shall be designed so as to provide sufficient maneuvering room for vehicles on-site so that they may leave the site to enter onto any street without backing onto the street. The adequacy of maneuvering room shall be determined by the Department of Public Works, based upon engineering standards. (Former Section CZ#A314-26(F)(1))
109.1.6.2 Landscaping. The Planning Commission may require the landscaping of any off-street parking facility. The landscaping material, if required, should be appropriately placed within off-street parking areas that are equivalent to not less than two percent (2%) of the total area devoted to such off-street parking areas and associated drives or aisles. Such landscaping shall be designed to be consistent with Title III, Division 4 of the Humboldt County Code relating to visibility corridors along streets and highways. The Planning Commission may require a landscaping plan approved by the Design Review Committee established as part of each area plan. (Former Section CZ#A314-26(F)(2)) (Ord. 2717, § 7, 6/27/2023) Your Selections
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110.1 PARKLAND DEDICATION
110.1.1 Purpose. The purpose of these requirements is to provide opportunities for public recreation in conjunction with residential development in conformity with the County General Plan. (Former Section CZ#A314-29(A))
110.1.2 Applicability. These regulations shall apply to all divisions of land for residential uses where parkland dedication pursuant to the Quimby Act is required by local community plans. (Former Section CZ#A314-29(B); Amended by Ord. 2167, Sec. 29, 4/7/98)
110.1.3 Requirement. As a condition of approval of a Final Map or Parcel Map, the subdivider shall satisfy one (1) of the following requirements, at the option of the County: (Former Section CZ#A314-29(C))
110.1.3.1For new subdivisions containing fifty-one (51) or more parcels: (Former Section CZ#A314-29(C)(1))
110.1.3.1.1An offer of dedication of a portion of the land planned for development to a public or private non-profit agency for public park or recreation use as identified in the County General Plan, according to the formula and standards set forth in subsections 313110.1.4 and 313-110.1.5, trails and support facilities identified in the County Trails Plan, and coastal access as identified in the access component of the Coastal Land Use Plan; or (Former Section CZ#A314-29(C)(1); Amended by Ord. 2167, Sec. 29, 4/7/98)
110.1.3.1.2An in lieu fee in accordance with the provisions of subsection 313-110.1.6, to provide an appropriate contribution to public parks or recreation. It shall be the County’s option to decide whether a dedication of land or payment of in lieu fees shall be required. (Former Section CZ#A314-29(C)(1))
110.1.3.2For new subdivisions containing fifty (50) or fewer lots or parcels: an in lieu fee shall be provided consistent with the provisions of subsection 313-110.1.6; except that, if mutually agreeable, the subdivider and the County may agree to the dedication of land or a combination of land dedication and in lieu fee payment to satisfy this requirement. (Former Section CZ#A314-29(C)(2))
110.1.3.3Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this section. However, a condition shall be placed on the approval of such a parcel map subdivision providing that, if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee shall be required to be paid by the owner of each such parcel as a condition to the issuance of such a permit. (Former Section CZ#A314-29(C)(3))
110.1.4 General Standard. Public parkland and/or recreation facilities shall be provided at the rate of three acres for each 1,000 persons, equal to a standard of 130 square feet per person. This standard shall be utilized pursuant to subsection 313-110.1.6, for the determination of parkland dedication requirements. (Former Section CZ#A314-29(D))
110.1.5 Formula for Dedication of Parkland. The amount of land (per dwelling unit), where land is dedicated, shall be determined by the application of the following formula: (Former Section CZ#A314-29(E))
130 square feet per person multiplied by the average number of persons per household. The average number of persons per household shall be determined by the Planning Division from time to time based on demographic research and available County census data from the United States Bureau of the Census. The current “average number of persons per household” can be obtained by contacting the Planning Division. (Former Section CZ#A314-29(E))
110.1.6 Fees in Lieu of Land Dedication.
110.1.6.1Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to subsection 313-110.1.4. The “fair market value” shall be determined at the time of filing the Tentative Map or Tentative Parcel Map.
110.1.6.2If the subdivider objects to the fair market value determination, he may, at his or her own expense, obtain an appraisal of the property by a qualified real estate appraiser, who is mutually acceptable to the County for the purpose of determining the fair market value. It is the obligation of the developer to determine the acceptability of the appraiser to the County before incurring any appraisal expense. (Former Section CZ#A314-29(F))
110.1.6.3A fee paid in-lieu of land dedication shall be paid to the County prior to the recordation of the Subdivision Map or Parcel Map. For multiple final maps, the fee paid in-lieu of land dedication shall be paid prior to the recordation of the final map for each unit or phase. (Former Section CZ#A314-29(F); Added by Ord. 2167, Sec. 29, 4/7/98)
110.1.7 Deferred Payment of Fees for Secondary Dwelling Units.
110.1.7.1The Hearing Officer may approve a request by the subdivider to defer payment of a portion of the fee paid in-lieu of land dedication for secondary dwelling units on each parcel created by the subdivision map. Any such deferral shall be subject to the
recordation of an agreement between the subdivider and the County to convey development rights for the secondary dwelling unit. (Former Section CZ#A314-29(G); Added by Ord. 2167, Sec. 29, 4/7/98)
110.1.7.2The amount of the fee paid in-lieu of dedication subject to the conveyance agreement shall be determined for each affected parcel prior to the recordation of the Subdivision Map or Parcel Map. The fee breakdown for individual parcels subject to deferment shall be in the same proportion that the size of the lot bears to the total aggregate area of the parcels covered by the conveyance. (Former Section CZ#A314-29(G); Added by Ord. 2167, Sec. 29, 4/7/98)
110.1.7.3If the fee paid in-lieu of land dedication is deferred, reconveyance of development rights shall be initiated upon payment of the fee in-lieu of dedication by the record owner of the subject parcel at the time the request for reconveyance is made to the County. (Former Section CZ#A314-29(G); Added by Ord. 2167, Sec. 29, 4/7/98)
110.1.8 Procedures for Determining Land Dedication, Fee Payment or a Combination of Both. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or a combination of both, is as follows: (Former Section CZ#A314-29(G))
110.1.8.1At the time of filing a Tentative Subdivision Map or Tentative Parcel Map for approval, the subdivider shall, as part of such filing, indicate whether the subdivider desires to dedicate property for park and recreational purposes, or instead desires to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, the area of land proposed for dedication shall be designated on the subdivision map as submitted. (Former Section CZ#A314-29(G)(1))
110.1.8.2At the time of the approval of the Tentative Subdivision Map or Tentative Parcel Map, the Hearing Officer (see, Chapter 2, Section 312-9, Public Hearing Requirements, which specifies the Hearing Officer for various types of cases) shall determine as a part of such approval whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both. (Former Section CZ#A314-29(G)(2))
110.1.8.3The Hearing Officer, may approve of the offer of land dedication, or elect to recommend that a payment of a fee in lieu thereof be required, or that a combination of both be required. In making this determination the Hearing Officer shall consider the following: (Former Section CZ#A314-29(G)(3))
110.1.8.3.1The Humboldt County General Plan; (Former Section CZ#A314-29(G)(3)(a))
110.1.8.3.2Topography, geology, access, and location of land in the subdivision available for dedication; (Former Section CZ#A31429(G)(3)(b))
110.1.8.3.3Size and shape of the subdivision available for dedication; (Former Section CZ#A314-29(G)(3)(c))
110.1.8.3.4Feasibility of dedication; (Former Section CZ#A314-29(G)(3)(d))
110.1.8.3.5Availability and adequacy of previously acquired park property; and (Former Section CZ#A314-29(G)(3)(e))
110.1.8.3.6The desirability of fees being used for indoor recreational facilities. (Former Section CZ#A314-29(G)(3)(f))
110.1.9 Credit for Private Recreation Facilities. Where a substantial private park and recreational area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent (50%), may be given against the requirement of land dedication or payment of fees in lieu thereof, if the Hearing Officer finds that it is in the public interest to do so and that the following standards are met: (Former Section CZ#A314-29(H)
110.1.9.1Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; (Former Section CZ#A314-29(H)(1))
110.1.9.2The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; (Former Section CZ#A314-29(H)(2))
110.1.9.3The use of private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property, and which covenant cannot be defeated or eliminated without the consent of the County or its successor; (Former Section CZ#A314-29(H)(3))
110.1.9.4The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; (Former Section CZ#A314-29(H)(4))
110.1.9.5The facilities proposed for the open space area are in substantial conformance with the provisions of the Humboldt County General Plan. (Former Section CZ#A314-29(H)(5))
Before credit is given, the Planning Commission shall make findings that the standards in this section are met. (Former Section CZ#A314-29(H))
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110.1 PARKLAND DEDICATION
110.1.1 Purpose. The purpose of these requirements is to provide opportunities for public recreation in conjunction with residential development in conformity with the County General Plan. (Former Section CZ#A314-29(A))
110.1.2 Applicability. These regulations shall apply to all divisions of land for residential uses where parkland dedication pursuant to the Quimby Act is required by local community plans. (Former Section CZ#A314-29(B); Amended by Ord. 2167, Sec. 29, 4/7/98)
110.1.3 Requirement. As a condition of approval of a Final Map or Parcel Map, the subdivider shall satisfy one (1) of the following requirements, at the option of the County: (Former Section CZ#A314-29(C))
110.1.3.1For new subdivisions containing fifty-one (51) or more parcels: (Former Section CZ#A314-29(C)(1))
110.1.3.1.1An offer of dedication of a portion of the land planned for development to a public or private non-profit agency for public park or recreation use as identified in the County General Plan, according to the formula and standards set forth in subsections 313110.1.4 and 313-110.1.5, trails and support facilities identified in the County Trails Plan, and coastal access as identified in the access component of the Coastal Land Use Plan; or (Former Section CZ#A314-29(C)(1); Amended by Ord. 2167, Sec. 29, 4/7/98)
110.1.3.1.2An in lieu fee in accordance with the provisions of subsection 313-110.1.6, to provide an appropriate contribution to public parks or recreation. It shall be the County’s option to decide whether a dedication of land or payment of in lieu fees shall be required. (Former Section CZ#A314-29(C)(1))
110.1.3.2For new subdivisions containing fifty (50) or fewer lots or parcels: an in lieu fee shall be provided consistent with the provisions of subsection 313-110.1.6; except that, if mutually agreeable, the subdivider and the County may agree to the dedication of land or a combination of land dedication and in lieu fee payment to satisfy this requirement. (Former Section CZ#A314-29(C)(2))
110.1.3.3Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this section. However, a condition shall be placed on the approval of such a parcel map subdivision providing that, if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee shall be required to be paid by the owner of each such parcel as a condition to the issuance of such a permit. (Former Section CZ#A314-29(C)(3))
110.1.4 General Standard. Public parkland and/or recreation facilities shall be provided at the rate of three acres for each 1,000 persons, equal to a standard of 130 square feet per person. This standard shall be utilized pursuant to subsection 313-110.1.6, for the determination of parkland dedication requirements. (Former Section CZ#A314-29(D))
110.1.5 Formula for Dedication of Parkland. The amount of land (per dwelling unit), where land is dedicated, shall be determined by the application of the following formula: (Former Section CZ#A314-29(E))
130 square feet per person multiplied by the average number of persons per household. The average number of persons per household shall be determined by the Planning Division from time to time based on demographic research and available County census data from the United States Bureau of the Census. The current “average number of persons per household” can be obtained by contacting the Planning Division. (Former Section CZ#A314-29(E))
110.1.6 Fees in Lieu of Land Dedication.
110.1.6.1Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to subsection 313-110.1.4. The “fair market value” shall be determined at the time of filing the Tentative Map or Tentative Parcel Map.
110.1.6.2If the subdivider objects to the fair market value determination, he may, at his or her own expense, obtain an appraisal of the property by a qualified real estate appraiser, who is mutually acceptable to the County for the purpose of determining the fair market value. It is the obligation of the developer to determine the acceptability of the appraiser to the County before incurring any appraisal expense. (Former Section CZ#A314-29(F))
110.1.6.3A fee paid in-lieu of land dedication shall be paid to the County prior to the recordation of the Subdivision Map or Parcel Map. For multiple final maps, the fee paid in-lieu of land dedication shall be paid prior to the recordation of the final map for each unit or phase. (Former Section CZ#A314-29(F); Added by Ord. 2167, Sec. 29, 4/7/98)
110.1.7 Deferred Payment of Fees for Secondary Dwelling Units.
110.1.7.1The Hearing Officer may approve a request by the subdivider to defer payment of a portion of the fee paid in-lieu of land dedication for secondary dwelling units on each parcel created by the subdivision map. Any such deferral shall be subject to the
recordation of an agreement between the subdivider and the County to convey development rights for the secondary dwelling unit. (Former Section CZ#A314-29(G); Added by Ord. 2167, Sec. 29, 4/7/98)
110.1.7.2The amount of the fee paid in-lieu of dedication subject to the conveyance agreement shall be determined for each affected parcel prior to the recordation of the Subdivision Map or Parcel Map. The fee breakdown for individual parcels subject to deferment shall be in the same proportion that the size of the lot bears to the total aggregate area of the parcels covered by the conveyance. (Former Section CZ#A314-29(G); Added by Ord. 2167, Sec. 29, 4/7/98)
110.1.7.3If the fee paid in-lieu of land dedication is deferred, reconveyance of development rights shall be initiated upon payment of the fee in-lieu of dedication by the record owner of the subject parcel at the time the request for reconveyance is made to the County. (Former Section CZ#A314-29(G); Added by Ord. 2167, Sec. 29, 4/7/98)
110.1.8 Procedures for Determining Land Dedication, Fee Payment or a Combination of Both. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or a combination of both, is as follows: (Former Section CZ#A314-29(G))
110.1.8.1At the time of filing a Tentative Subdivision Map or Tentative Parcel Map for approval, the subdivider shall, as part of such filing, indicate whether the subdivider desires to dedicate property for park and recreational purposes, or instead desires to pay a fee in lieu thereof. If the subdivider desires to dedicate land for this purpose, the area of land proposed for dedication shall be designated on the subdivision map as submitted. (Former Section CZ#A314-29(G)(1))
110.1.8.2At the time of the approval of the Tentative Subdivision Map or Tentative Parcel Map, the Hearing Officer (see, Chapter 2, Section 312-9, Public Hearing Requirements, which specifies the Hearing Officer for various types of cases) shall determine as a part of such approval whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both. (Former Section CZ#A314-29(G)(2))
110.1.8.3The Hearing Officer, may approve of the offer of land dedication, or elect to recommend that a payment of a fee in lieu thereof be required, or that a combination of both be required. In making this determination the Hearing Officer shall consider the following: (Former Section CZ#A314-29(G)(3))
110.1.8.3.1The Humboldt County General Plan; (Former Section CZ#A314-29(G)(3)(a))
110.1.8.3.2Topography, geology, access, and location of land in the subdivision available for dedication; (Former Section CZ#A31429(G)(3)(b))
110.1.8.3.3Size and shape of the subdivision available for dedication; (Former Section CZ#A314-29(G)(3)(c))
110.1.8.3.4Feasibility of dedication; (Former Section CZ#A314-29(G)(3)(d))
110.1.8.3.5Availability and adequacy of previously acquired park property; and (Former Section CZ#A314-29(G)(3)(e))
110.1.8.3.6The desirability of fees being used for indoor recreational facilities. (Former Section CZ#A314-29(G)(3)(f))
110.1.9 Credit for Private Recreation Facilities. Where a substantial private park and recreational area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent (50%), may be given against the requirement of land dedication or payment of fees in lieu thereof, if the Hearing Officer finds that it is in the public interest to do so and that the following standards are met: (Former Section CZ#A314-29(H)
110.1.9.1Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; (Former Section CZ#A314-29(H)(1))
110.1.9.2The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; (Former Section CZ#A314-29(H)(2))
110.1.9.3The use of private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property, and which covenant cannot be defeated or eliminated without the consent of the County or its successor; (Former Section CZ#A314-29(H)(3))
110.1.9.4The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; (Former Section CZ#A314-29(H)(4))
110.1.9.5The facilities proposed for the open space area are in substantial conformance with the provisions of the Humboldt County General Plan. (Former Section CZ#A314-29(H)(5))
Before credit is given, the Planning Commission shall make findings that the standards in this section are met. (Former Section CZ#A314-29(H))
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111.1 RESIDENTIAL DENSITY BONUS
111.1.1 Purpose and Intent. This Density Bonus Ordinance is intended to provide incentives for the production of housing for very low, lower income, or senior households in accordance with Sections 65915 and 65917 of the California Government Code. In enacting this section, it is the intent of the County of Humboldt to facilitate the development of affordable housing and to implement the goals, objectives, and polices of the County’s Housing Element. (Ord. 2167, § 25, 4/7/1998)
entives for the production of housing for very low, lower income, or senior households in accordance with Sections 65915 and 65917 of the California Government Code. In enacting this section, it is the intent of the County of Humboldt to facilitate the development of affordable housing and to implement the goals, objectives, and polices of the County’s Housing Element. (Ord. 2167, § 25, 4/7/1998)
111.1.2 Definitions. Whenever the following terms are used in this section, they shall have the meaning established by this subsection and as defined in Section C: Index of Definitions of Language and Legal Terms.
111.1.2.1Additional Incentives
111.1.2.2Affordable Rent
111.1.2.3Very Low Income
111.1.2.4Lower Income
111.1.2.5Affordable Sales Price
111.1.2.6Density Bonus
111.1.2.7Density Bonus Housing Agreement
111.1.2.8Density Bonus Unit
111.1.2.9Equivalent Financial Incentive
111.1.2.10Housing Cost
111.1.2.11Housing Development
111.1.2.12Lower Income Household
111.1.2.13Maximum Residential Density
111.1.2.14Non-Restricted Unit
111.1.2.15Qualifying Resident
111.1.2.16Senior Citizen Housing
111.1.2.17Target Unit
111.1.2.18Very Low Income Household (Ord. 2167, § 25, 4/7/1998)
111.1 RESIDENTIAL DENSITY BONUS
111.1.1 Purpose and Intent. This Density Bonus Ordinance is intended to provide incentives for the production of housing for very low, lower income, or senior households in
111.1.3 Implementation.
111.1.3.1The County shall grant either: a Density Bonus, or a Density Bonus with an Additional Incentive(s), or Equivalent Financial Incentive; as set forth in subsection 111.1.5 of this section, to an applicant or developer of a Housing Development, who agrees to provide the following: (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.1.1At least ten percent (10%) of the total units of the Housing Development as Target Units affordable to Lower Income Households; or (Former Section CZ#A314-12.1(C)(1); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.1.2At least five percent (5%) of the total units of the Housing Development as Target Units affordable to Very Low Income Households; or (Former Section CZ#A314-12.1(C)(2); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.1.3Senior citizen housing. (Former Section CZ#A314-12.1(C)(3); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.2In determining the minimum number of Density Bonus Units to be granted pursuant to this section, the Maximum Residential Density for the site shall be multiplied by 0.25. When calculating the number of permitted Density Bonus Units, any fractions of units
shall be rounded to the next larger integer. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.3In determining the number of Target Units to be provided pursuant to this section, the Maximum Residential Density shall be multiplied by 0.05 where Very Low Income Households are targeted, or by 0.10 where Lower Income Households are targeted. The Density Bonus Units shall not be included when determining the total number of Target Units in the Housing Development. When calculating the required number of Target Units, any resulting decimal fraction shall be rounded to the next larger integer. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.4In cases where a density increase of less than twenty-five percent (25%) is requested, no reduction will be allowed in the number of Target Units required. In cases where a density increase of more than twenty-five percent (25%) is requested, the requested density increase, if granted, shall be considered an Additional Incentive, as outlined in subsection 111.1.5 of this section. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.5In cases where the developer agrees to construct more than ten percent (10%) of the total units for Lower Income Households, or more than five percent (5%) of the total units for Very Low Income Households, the developer is entitled to only one Density Bonus and an Additional Incentive(s) (or an Equivalent Financial Incentive) pursuant to subsection 111.1.5 of this section. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.6Similarly, a developer who agrees to construct Senior Citizen Housing with ten percent (10%) or five percent (5%) of the units reserved for Lower- or Very Low-Income Households, respectively, is only entitled to one Density Bonus and an Additional Incentive(s). (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.7The County may, however, grant multiple Additional Incentives to facilitate the inclusion of more Target Units than are required by this section. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.4 Development Standards.
111.1.4.1Target Units should be constructed concurrently with Non-Restricted Units unless both the County and the developer/applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.4.2Target Units shall remain restricted and affordable to the designated group for a period of thirty (30) years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program; or rental subsidy program), (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.4.3Circumstances may arise in which the public interest would be served by allowing some or all of the Target Units associated with one Housing Development to be produced and operated at an alternative development site. Where the developer and County form such an agreement, the resulting linked developments shall be considered a single Housing Development for purposes of this section. Under these circumstances, the developer shall be subject to the same requirements of this section for the Target Units to be provided on the alternative site. (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.4.4Target Units should be built on-site wherever possible and, when practical, be dispersed within the Housing Development. Where feasible, the number of bedrooms of the Target Units should be equivalent to the bedroom mix of the non-Target units of the Housing Development; except that the Developer may include a higher proportion of Target Units with more bedrooms. The design and appearance of the Target Units shall be compatible with the design of the total Housing Development. Housing Developments shall comply with all applicable development standards, except those which may be modified as provided by this section. (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.4.5A Density Bonus Housing Agreement shall be made a condition of the discretionary planning permits for all Housing Developments pursuant to this chapter. The Agreement shall be recorded as a restriction on the parcel or parcels on which the Target Units will be constructed. The Agreement shall be consistent with subsection 313-111.1.7 of this section. (Former Section CZ#A31412.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5 Development Incentives.
111.1.5.1The County shall provide a Density Bonus and an Additional Incentive(s), for qualified Housing Developments, upon the written request of a developer, unless the County makes a written finding that the Additional Incentive(s) is not necessary to make the Housing Development economically feasible to accommodate a Density Bonus, or unless all the required findings for approving subdivisions cannot be made. (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.2The development incentives granted shall contribute significantly to the economic feasibility of providing the Target Units. Applicants seeking a waiver or modification of development or zoning standards shall show that such waivers or modifications are necessary to make the Housing Development economically feasible in accordance with Government Code Section 65915(e). This requirement may be satisfied by reference to applicable sections of the County’s general plan housing element. (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3The applicant shall receive the following number of incentives or concessions:
111.1.5.3.1One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a condominium or planned development.
111.1.5.3.2Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a condominium or planned development.
111.1.5.3.3Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a condominium or planned development.
111.1.5.4The Additional Incentives may include, but are not limited to, any of the following: (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1A reduction of site development standards or a modification of zoning code or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code). These may include, but are not limited to, any of the following: (Former Section CZ#A314-12.1(E)(1); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.1Reduced minimum lot sizes and dimensions. (Former Section CZ#A314-12.1(E)(1)(a); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.2Reduced minimum yard setbacks. (Former
Section CZ#A314-12.1(E)(1)(b); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.3Increased maximum lot coverage. (Former
Section CZ#A314-12.1(E)(1)(c); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.4Increased maximum building height. (Former
Section CZ#A314-12.1(E)(1)(d); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.5Reduced on-site parking standard; including the number or size of spaces. (Former Section CZ#A314-12.1(E)(1)(e); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.6Reduced minimum building separation requirements. (Former Section CZ#A314-12.1(E)(1) (f); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.7Reduced street standards (e.g. reduced minimum street widths). (Former Section CZ#A314-12.1(E)(1)(g); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3.2Allow the Housing Development to include nonresidential uses and/or allow the Housing Development within a nonresidential zone. (Former Section CZ#A314-12.1(E)(2); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3.3Other regulatory incentives or concessions proposed by the developer or the County which result in identifiable cost reductions or avoidance. (Former Section CZ#A314-12.1(E)(3); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3.4A Density Bonus of more than twenty-five percent (25%). (Former Section CZ#A314-12.1(E)(4); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3.5Waived, reduced, or deferred planning, plan check, construction permit, and/or development impact fees. (Former Section CZ#A314-12.1(E)(5); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3.6Direct financial aid in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land or construction costs. (Former Section CZ#A314-12.1(E)(6); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3The County may offer an Equivalent Financial Incentive instead of granting a Density Bonus and an Additional Incentive(s). The value of the Equivalent Financial Incentive shall equal at least the land cost per dwelling unit savings that would result from a Density Bonus and must contribute significantly to the economic feasibility of providing the Target Units pursuant to this section. (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.6Procedures for Approval
111.1.6.1When required by Government Code Section 65915, the County shall grant a density bonus that allows the applicant to build up to 35% more units than a property’s general plan density would ordinarily allow, if the County finds;
111.1.6.1.1The project is for any one (1) of the types of residential projects described in Government Code Section 654915(b);
111.1.6.1.2The project complies with all standards set forth in Government Code Section 65915;
111.1.6.1.3The project is a housing development consisting of five (5) or more units.
111.1.6.3In accordance with Government Code Section 65915(g), the density bonus shall be calculated based on the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the LCP. The :otherwise maximum allowable residential density” shall mean the maximum density determined by applying all site-specific environmental development constraints applicable under the coastal zoning ordinance and land use plan certified by the Coastal Commission.
111.1.6.3Any housing development approved pursuant to Government Code Section 65915 shall be consistent with all applicable certified local coastal program policies and development standards. In reviewing a proposed density increase, the County shall identify all feasible means of accommodating the density increase and consider the effects of such means on coastal resources. The County shall only grant a density increase if the County determines that the means of accommodating the density increase proposed by the applicant does not have an adverse effect on coastal resources. If, however, the County determines that the means for accommodating the density increase proposed by the applicant will have an adverse effect on coastal resources, the County shall not grant the density increase.
ly grant a density increase if the County determines that the means of accommodating the density increase proposed by the applicant does not have an adverse effect on coastal resources. If, however, the County determines that the means for accommodating the density increase proposed by the applicant will have an adverse effect on coastal resources, the County shall not grant the density increase.
111.1.6.4In addition to a density bonus, the County shall grant in a housing development that complies with the provisions of Section A, above, one (1) of the incentives or concessions identified in Government Code Section 65915(h), unless the County finds that an incentive or concession is not required in order to provide for affordable housing costs or rents. In reviewing a proposed incentive or concession, the County shall consider all feasible alternative incentives and concessions and their effects on coastal resources. The County shall only grant an incentive or concession if the County determines that the development incentive or concession requested by an applicant pursuant to this section will not have any adverse effects on coastal resources. The County may grant one (1) or more of those incentives or concessions that do not have an adverse effect on coastal resources. If all feasible incentives or concessions would have an adverse effect on coastal resources, the County shall not grant any incentive or concession. For the purpose of this section, “coastal resources” means any resource which is afforded protection under the policies of Chapter 3 of the Coastal Act, California Public Resources Code section 30200 et. seq., including, but not limited to public access, marine and other aquatic resources, environmentally sensitive habitat, and the visual quality of coastal areas.
111.1.7 Application Requirements and Review.
111.1.7.1An application for a density bonus and additional incentive as allowed pursuant to this section shall be processed concurrently with any other application(s) required for the Housing Development. Final approval or disapproval of the application (with right of appeal to the Board of Supervisors) shall he made by the Planning Commission unless direct financial assistance is requested. If direct financial assistance is requested, the Planning Commission shall make a recommendation to the Board of Supervisors who will have the authority to make the final decision on the application. (Former Section CZ#A314-12.1(F); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.7.2An applicant/developer proposing a Housing Development pursuant to this section, may submit a preliminary application prior to the submittal of any formal request for approval of a Housing Development. Applicants are encouraged to schedule a preapplication conference with the Director or designated staff to discuss and identify potential application issues including prospective Additional Incentives pursuant to subsection 111.1.5 of this section. (Former Section CZ#A314-12.1(F); Added by Ord. 2167, Sec. 25, 4/7/98)
or to the submittal of any formal request for approval of a Housing Development. Applicants are encouraged to schedule a preapplication conference with the Director or designated staff to discuss and identify potential application issues including prospective Additional Incentives pursuant to subsection 111.1.5 of this section. (Former Section CZ#A314-12.1(F); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.7.3The Director or designated staff shall inform the applicant/developer that the requested Additional Incentives shall be recommended for consideration with the proposed Housing Development, or that alternative or modified Additional Incentives pursuant to subsection 111.1.5 shall be recommended for consideration instead of the requested Incentives. If alternative or modified Incentives are recommended by the Director, the recommendation shall establish how the alternative or modified Incentives can be expected to have an equivalent affordability effect as the requested Incentives. (Former Section CZ#A314-12.1(F); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8 Density Bonus Housing Agreement.
111.1.8.1Applicant/Developers requesting a Density Bonus, shall agree to enter into a Density Bonus Housing Agreement with the County. The terms of the draft agreement shall be reviewed and revised as appropriate by the Director or designated staff, who shall formulate a recommendation to the Planning Commission for final approval. (Former Section CZ#A314-12.1(G); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.2Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or equivalent recording instrument, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of Target Units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Density Bonus Housing Agreement shall be binding to all future owners and successors in interest. (Former Section CZ#A314-12.1(G); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3The Density Bonus Housing Agreement shall include at least the following:
111.1.8.3.1The total number of units approved for the Housing Development, including the number of Target Units. (Former Section CZ#A314-12.1(G)(1); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.2A description of the household income group to be accommodated by the Housing Development, as outlined in subsection 111.1.3 of this section, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price and Housing Cost. (Former Section CZ#A314-12.1(G)(2); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.3The location, unit sizes (square feet) and number of bedrooms of Target Units. (Former Section CZ#A314-12.1(G)(3); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.4Tenure of use restrictions for Target Units of at least 10 or 30 years, in accordance with subsection 111.1.4 of this section. (Former Section CZ#A314-12.1(G)(4); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.5A schedule for completion and occupancy of Target Units. (Former Section CZ#A314-12.1(G)(5); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.6A description of the Additional Incentive(s) or Equivalent Financial Incentives being provided by the County. (Former Section CZ#A314-12.1(G)(6); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.7A description of remedies for breach of the agreement by either party (the County may identify tenants or qualified purchasers as third party beneficiaries under the agreement). (Former Section CZ#A314-12.1(G)(7); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.8Other provisions to ensure implementation and compliance with this section. (Former Section CZ#A314-12.1(G)(8); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.9In the case of for-sale Housing Developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the initial sale and use of Target Units during the applicable use restriction period: (Former Section CZ#A31412.1(G)(9))
111.1.8.3.9.1Target Units shall, upon initial sale, be sold to eligible Very Low or Lower Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents (i.e. maintained as Senior citizen housing) as defined by this section. (Former Section CZ#A314-12.1(G)(9)(a); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.9.2Target Units shall be initially owner-occupied by eligible Very Low or Lower Income Households; or by Qualified Residents in the case of Senior citizen housing. (Former Section CZ#A314-12.1(G)(9)(b); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.9.3The initial purchaser of each Target Unit shall execute an instrument or agreement approved by the County restricting the sale of the Target Units in accordance with this ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the Target Unit and shall contain such provisions as the County may require to ensure continued compliance with this ordinance and the State Density Bonus Law. (Former Section CZ#A314-12.1(G)(9)(c); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.10In the case of rental Housing Developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period: (Former Section CZ#A314-12.1(G)(9); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.10.1The rules and procedures for qualifying tenants, establishing Affordable Rent, filling vacancies, and maintaining Target Units for qualified tenants; (Former Section CZ#A314-12.1(G)(9)(d); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.10.2Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this section. (Former Section CZ#A314-12.1(G)(9)(e); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.10.3Provisions requiring owners to submit an annual report to the County, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit. (Former Section CZ#A314-12.1(G)(9)(f); Added by Ord. 2167, Sec. 25, 4/7/98) Your Selections
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111.1 RESIDENTIAL DENSITY BONUS
111.1.1 Purpose and Intent. This Density Bonus Ordinance is intended to provide incentives for the production of housing for very low, lower income, or senior households in accordance with Sections 65915 and 65917 of the California Government Code. In enacting this section, it is the intent of the County of Humboldt to facilitate the development of affordable housing and to implement the goals, objectives, and polices of the County’s Housing Element. (Ord. 2167, § 25, 4/7/1998)
111.1.2 Definitions. Whenever the following terms are used in this section, they shall have the meaning established by this subsection and as defined in Section C: Index of Definitions of Language and Legal Terms.
111.1.2.1Additional Incentives
111.1.2.2Affordable Rent
111.1.2.3Very Low Income
111.1.2.4Lower Income
111.1.2.5Affordable Sales Price
111.1.2.6Density Bonus
111.1.2.7Density Bonus Housing Agreement
111.1.2.8Density Bonus Unit
111.1.2.9Equivalent Financial Incentive
111.1.2.10Housing Cost
111.1.2.11Housing Development
111.1.2.12Lower Income Household
111.1.2.13Maximum Residential Density
111.1.2.14Non-Restricted Unit
111.1.2.15Qualifying Resident
111.1.2.16Senior Citizen Housing
111.1.2.17Target Unit
111.1.2.18Very Low Income Household (Ord. 2167, § 25, 4/7/1998)
111.1 RESIDENTIAL DENSITY BONUS
111.1.1 Purpose and Intent. This Density Bonus Ordinance is intended to provide incentives for the production of housing for very low, lower income, or senior households in
111.1.3 Implementation.
111.1.3.1The County shall grant either: a Density Bonus, or a Density Bonus with an Additional Incentive(s), or Equivalent Financial Incentive; as set forth in subsection 111.1.5 of this section, to an applicant or developer of a Housing Development, who agrees to provide the following: (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.1.1At least ten percent (10%) of the total units of the Housing Development as Target Units affordable to Lower Income Households; or (Former Section CZ#A314-12.1(C)(1); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.1.2At least five percent (5%) of the total units of the Housing Development as Target Units affordable to Very Low Income Households; or (Former Section CZ#A314-12.1(C)(2); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.1.3Senior citizen housing. (Former Section CZ#A314-12.1(C)(3); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.2In determining the minimum number of Density Bonus Units to be granted pursuant to this section, the Maximum Residential Density for the site shall be multiplied by 0.25. When calculating the number of permitted Density Bonus Units, any fractions of units
shall be rounded to the next larger integer. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.3In determining the number of Target Units to be provided pursuant to this section, the Maximum Residential Density shall be multiplied by 0.05 where Very Low Income Households are targeted, or by 0.10 where Lower Income Households are targeted. The Density Bonus Units shall not be included when determining the total number of Target Units in the Housing Development. When calculating the required number of Target Units, any resulting decimal fraction shall be rounded to the next larger integer. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.4In cases where a density increase of less than twenty-five percent (25%) is requested, no reduction will be allowed in the number of Target Units required. In cases where a density increase of more than twenty-five percent (25%) is requested, the requested density increase, if granted, shall be considered an Additional Incentive, as outlined in subsection 111.1.5 of this section. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.5In cases where the developer agrees to construct more than ten percent (10%) of the total units for Lower Income Households, or more than five percent (5%) of the total units for Very Low Income Households, the developer is entitled to only one Density Bonus and an Additional Incentive(s) (or an Equivalent Financial Incentive) pursuant to subsection 111.1.5 of this section. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.6Similarly, a developer who agrees to construct Senior Citizen Housing with ten percent (10%) or five percent (5%) of the units reserved for Lower- or Very Low-Income Households, respectively, is only entitled to one Density Bonus and an Additional Incentive(s). (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.3.7The County may, however, grant multiple Additional Incentives to facilitate the inclusion of more Target Units than are required by this section. (Former Section CZ#A314-12.1(C); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.4 Development Standards.
111.1.4.1Target Units should be constructed concurrently with Non-Restricted Units unless both the County and the developer/applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.4.2Target Units shall remain restricted and affordable to the designated group for a period of thirty (30) years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program; or rental subsidy program), (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.4.3Circumstances may arise in which the public interest would be served by allowing some or all of the Target Units associated with one Housing Development to be produced and operated at an alternative development site. Where the developer and County form such an agreement, the resulting linked developments shall be considered a single Housing Development for purposes of this section. Under these circumstances, the developer shall be subject to the same requirements of this section for the Target Units to be provided on the alternative site. (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.4.4Target Units should be built on-site wherever possible and, when practical, be dispersed within the Housing Development. Where feasible, the number of bedrooms of the Target Units should be equivalent to the bedroom mix of the non-Target units of the Housing Development; except that the Developer may include a higher proportion of Target Units with more bedrooms. The design and appearance of the Target Units shall be compatible with the design of the total Housing Development. Housing Developments shall comply with all applicable development standards, except those which may be modified as provided by this section. (Former Section CZ#A314-12.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.4.5A Density Bonus Housing Agreement shall be made a condition of the discretionary planning permits for all Housing Developments pursuant to this chapter. The Agreement shall be recorded as a restriction on the parcel or parcels on which the Target Units will be constructed. The Agreement shall be consistent with subsection 313-111.1.7 of this section. (Former Section CZ#A31412.1(D); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5 Development Incentives.
111.1.5.1The County shall provide a Density Bonus and an Additional Incentive(s), for qualified Housing Developments, upon the written request of a developer, unless the County makes a written finding that the Additional Incentive(s) is not necessary to make the Housing Development economically feasible to accommodate a Density Bonus, or unless all the required findings for approving subdivisions cannot be made. (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)
qualified Housing Developments, upon the written request of a developer, unless the County makes a written finding that the Additional Incentive(s) is not necessary to make the Housing Development economically feasible to accommodate a Density Bonus, or unless all the required findings for approving subdivisions cannot be made. (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.2The development incentives granted shall contribute significantly to the economic feasibility of providing the Target Units. Applicants seeking a waiver or modification of development or zoning standards shall show that such waivers or modifications are necessary to make the Housing Development economically feasible in accordance with Government Code Section 65915(e). This requirement may be satisfied by reference to applicable sections of the County’s general plan housing element. (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3The applicant shall receive the following number of incentives or concessions:
111.1.5.3.1One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a condominium or planned development.
111.1.5.3.2Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a condominium or planned development.
111.1.5.3.3Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a condominium or planned development.
111.1.5.4The Additional Incentives may include, but are not limited to, any of the following: (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1A reduction of site development standards or a modification of zoning code or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code). These may include, but are not limited to, any of the following: (Former Section CZ#A314-12.1(E)(1); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.1Reduced minimum lot sizes and dimensions. (Former Section CZ#A314-12.1(E)(1)(a); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.2Reduced minimum yard setbacks. (Former
Section CZ#A314-12.1(E)(1)(b); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.3Increased maximum lot coverage. (Former
Section CZ#A314-12.1(E)(1)(c); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.4Increased maximum building height. (Former
Section CZ#A314-12.1(E)(1)(d); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.5Reduced on-site parking standard; including the number or size of spaces. (Former Section CZ#A314-12.1(E)(1)(e); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.6Reduced minimum building separation requirements. (Former Section CZ#A314-12.1(E)(1) (f); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.4.1.7Reduced street standards (e.g. reduced minimum street widths). (Former Section CZ#A314-12.1(E)(1)(g); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3.2Allow the Housing Development to include nonresidential uses and/or allow the Housing Development within a nonresidential zone. (Former Section CZ#A314-12.1(E)(2); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3.3Other regulatory incentives or concessions proposed by the developer or the County which result in identifiable cost reductions or avoidance. (Former Section CZ#A314-12.1(E)(3); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3.4A Density Bonus of more than twenty-five percent (25%). (Former Section CZ#A314-12.1(E)(4); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3.5Waived, reduced, or deferred planning, plan check, construction permit, and/or development impact fees. (Former Section CZ#A314-12.1(E)(5); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3.6Direct financial aid in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land or construction costs. (Former Section CZ#A314-12.1(E)(6); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.5.3The County may offer an Equivalent Financial Incentive instead of granting a Density Bonus and an Additional Incentive(s). The value of the Equivalent Financial Incentive shall equal at least the land cost per dwelling unit savings that would result from a Density Bonus and must contribute significantly to the economic feasibility of providing the Target Units pursuant to this section. (Former Section CZ#A314-12.1(E); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.6Procedures for Approval
111.1.6.1When required by Government Code Section 65915, the County shall grant a density bonus that allows the applicant to build up to 35% more units than a property’s general plan density would ordinarily allow, if the County finds;
111.1.6.1.1The project is for any one (1) of the types of residential projects described in Government Code Section 654915(b);
111.1.6.1.2The project complies with all standards set forth in Government Code Section 65915;
111.1.6.1.3The project is a housing development consisting of five (5) or more units.
111.1.6.3In accordance with Government Code Section 65915(g), the density bonus shall be calculated based on the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the LCP. The :otherwise maximum allowable residential density” shall mean the maximum density determined by applying all site-specific environmental development constraints applicable under the coastal zoning ordinance and land use plan certified by the Coastal Commission.
ed based on the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the LCP. The :otherwise maximum allowable residential density” shall mean the maximum density determined by applying all site-specific environmental development constraints applicable under the coastal zoning ordinance and land use plan certified by the Coastal Commission.
111.1.6.3Any housing development approved pursuant to Government Code Section 65915 shall be consistent with all applicable certified local coastal program policies and development standards. In reviewing a proposed density increase, the County shall identify all feasible means of accommodating the density increase and consider the effects of such means on coastal resources. The County shall only grant a density increase if the County determines that the means of accommodating the density increase proposed by the applicant does not have an adverse effect on coastal resources. If, however, the County determines that the means for accommodating the density increase proposed by the applicant will have an adverse effect on coastal resources, the County shall not grant the density increase.
111.1.6.4In addition to a density bonus, the County shall grant in a housing development that complies with the provisions of Section A, above, one (1) of the incentives or concessions identified in Government Code Section 65915(h), unless the County finds that an incentive or concession is not required in order to provide for affordable housing costs or rents. In reviewing a proposed incentive or concession, the County shall consider all feasible alternative incentives and concessions and their effects on coastal resources. The County shall only grant an incentive or concession if the County determines that the development incentive or concession requested by an applicant pursuant to this section will not have any adverse effects on coastal resources. The County may grant one (1) or more of those incentives or concessions that do not have an adverse effect on coastal resources. If all feasible incentives or concessions would have an adverse effect on coastal resources, the County shall not grant any incentive or concession. For the purpose of this section, “coastal resources” means any resource which is afforded protection under the policies of Chapter 3 of the Coastal Act, California Public Resources Code section 30200 et. seq., including, but not limited to public access, marine and other aquatic resources, environmentally sensitive habitat, and the visual quality of coastal areas.
111.1.7 Application Requirements and Review.
111.1.7.1An application for a density bonus and additional incentive as allowed pursuant to this section shall be processed concurrently with any other application(s) required for the Housing Development. Final approval or disapproval of the application (with right of appeal to the Board of Supervisors) shall he made by the Planning Commission unless direct financial assistance is requested. If direct financial assistance is requested, the Planning Commission shall make a recommendation to the Board of Supervisors who will have the authority to make the final decision on the application. (Former Section CZ#A314-12.1(F); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.7.2An applicant/developer proposing a Housing Development pursuant to this section, may submit a preliminary application prior to the submittal of any formal request for approval of a Housing Development. Applicants are encouraged to schedule a preapplication conference with the Director or designated staff to discuss and identify potential application issues including prospective Additional Incentives pursuant to subsection 111.1.5 of this section. (Former Section CZ#A314-12.1(F); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.7.3The Director or designated staff shall inform the applicant/developer that the requested Additional Incentives shall be recommended for consideration with the proposed Housing Development, or that alternative or modified Additional Incentives pursuant to subsection 111.1.5 shall be recommended for consideration instead of the requested Incentives. If alternative or modified Incentives are recommended by the Director, the recommendation shall establish how the alternative or modified Incentives can be expected to have an equivalent affordability effect as the requested Incentives. (Former Section CZ#A314-12.1(F); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8 Density Bonus Housing Agreement.
111.1.8.1Applicant/Developers requesting a Density Bonus, shall agree to enter into a Density Bonus Housing Agreement with the County. The terms of the draft agreement shall be reviewed and revised as appropriate by the Director or designated staff, who shall formulate a recommendation to the Planning Commission for final approval. (Former Section CZ#A314-12.1(G); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.2Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or equivalent recording instrument, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of Target Units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Density Bonus Housing Agreement shall be binding to all future owners and successors in interest. (Former Section CZ#A314-12.1(G); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3The Density Bonus Housing Agreement shall include at least the following:
111.1.8.3.1The total number of units approved for the Housing Development, including the number of Target Units. (Former Section CZ#A314-12.1(G)(1); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.2A description of the household income group to be accommodated by the Housing Development, as outlined in subsection 111.1.3 of this section, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price and Housing Cost. (Former Section CZ#A314-12.1(G)(2); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.3The location, unit sizes (square feet) and number of bedrooms of Target Units. (Former Section CZ#A314-12.1(G)(3); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.4Tenure of use restrictions for Target Units of at least 10 or 30 years, in accordance with subsection 111.1.4 of this section. (Former Section CZ#A314-12.1(G)(4); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.5A schedule for completion and occupancy of Target Units. (Former Section CZ#A314-12.1(G)(5); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.6A description of the Additional Incentive(s) or Equivalent Financial Incentives being provided by the County. (Former Section CZ#A314-12.1(G)(6); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.7A description of remedies for breach of the agreement by either party (the County may identify tenants or qualified purchasers as third party beneficiaries under the agreement). (Former Section CZ#A314-12.1(G)(7); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.8Other provisions to ensure implementation and compliance with this section. (Former Section CZ#A314-12.1(G)(8); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.9In the case of for-sale Housing Developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the initial sale and use of Target Units during the applicable use restriction period: (Former Section CZ#A31412.1(G)(9))
111.1.8.3.9.1Target Units shall, upon initial sale, be sold to eligible Very Low or Lower Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents (i.e. maintained as Senior citizen housing) as defined by this section. (Former Section CZ#A314-12.1(G)(9)(a); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.9.2Target Units shall be initially owner-occupied by eligible Very Low or Lower Income Households; or by Qualified Residents in the case of Senior citizen housing. (Former Section CZ#A314-12.1(G)(9)(b); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.9.3The initial purchaser of each Target Unit shall execute an instrument or agreement approved by the County restricting the sale of the Target Units in accordance with this ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the Target Unit and shall contain such provisions as the County may require to ensure continued compliance with this ordinance and the State Density Bonus Law. (Former Section CZ#A314-12.1(G)(9)(c); Added by Ord. 2167, Sec. 25, 4/7/98)
Units in accordance with this ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the Target Unit and shall contain such provisions as the County may require to ensure continued compliance with this ordinance and the State Density Bonus Law. (Former Section CZ#A314-12.1(G)(9)(c); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.10In the case of rental Housing Developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period: (Former Section CZ#A314-12.1(G)(9); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.10.1The rules and procedures for qualifying tenants, establishing Affordable Rent, filling vacancies, and maintaining Target Units for qualified tenants; (Former Section CZ#A314-12.1(G)(9)(d); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.10.2Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this section. (Former Section CZ#A314-12.1(G)(9)(e); Added by Ord. 2167, Sec. 25, 4/7/98)
111.1.8.3.10.3Provisions requiring owners to submit an annual report to the County, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit. (Former Section CZ#A314-12.1(G)(9)(f); Added by Ord. 2167, Sec. 25, 4/7/98) Your Selections
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112.1 ROAD CONSTRUCTION
112.1.1 Purpose. The purpose of these regulations is to insure that any road construction activity within the County’s Coastal Zone will not degrade coastal water resources, including but not limited to streams, wetlands, estuaries, and lakes. (Former Section CZ#A3149(A))
112.1.2 Applicability. These regulations shall apply to all public and private road construction projects, except, that road construction activity under timber harvest plans and driveways for single family dwellings on existing lots, shall not be subject to these regulations. (Former Section CZ#A314-9(B))
112.1.3 Erosion and Sedimentation Control Mitigation Measures Required. Road construction projects shall employ, at a minimum, the following measures necessary to prevent erosion and minimize surface runoff: (Former Section CZ#A314-9(C))
112.1.3.1Limiting soil exposure time and the extent of the disturbed area; (Former Section CZ#A314-9(C)(1))
112.1.3.2Minimizing uninterrupted slope length through surface roughening and the use of serrated slopes; (Former Section CZ#A3149(C)(2))
112.1.3.3If grading operations occur during the rainy season (November through April), employing temporary slope stabilization features such as mulches, nettings, chemical and natural binders, and/or rip-rap; (Former Section CZ#A314-9(C)(3))
112.1.3.4Immediate vegetative plantings of disturbed slopes at finished grades; (Former Section CZ#A314-9(C)(4))
112.1.3.5Control of runoff through controlled water and drainage systems with dissipated discharges and receiving stream bank protection; (Former Section CZ#A314-9(C)(5))
112.1.3.6Diversion of runoff away from graded areas and areas traveled during project development; (Former Section CZ#A314-9(C) (6))
112.1.3.7Temporary and permanent sediment control through use of dikes, filter beams, and sediment basins. (Former Section CZ#A314-9(C)(7))
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112.1 ROAD CONSTRUCTION
112.1.1 Purpose. The purpose of these regulations is to insure that any road construction activity within the County’s Coastal Zone will not degrade coastal water resources, including but not limited to streams, wetlands, estuaries, and lakes. (Former Section CZ#A3149(A))
112.1.2 Applicability. These regulations shall apply to all public and private road construction projects, except, that road construction activity under timber harvest plans and driveways for single family dwellings on existing lots, shall not be subject to these regulations. (Former Section CZ#A314-9(B))
112.1.3 Erosion and Sedimentation Control Mitigation Measures Required. Road construction projects shall employ, at a minimum, the following measures necessary to prevent erosion and minimize surface runoff: (Former Section CZ#A314-9(C))
112.1.3.1Limiting soil exposure time and the extent of the disturbed area; (Former Section CZ#A314-9(C)(1))
112.1.3.2Minimizing uninterrupted slope length through surface roughening and the use of serrated slopes; (Former Section CZ#A3149(C)(2))
112.1.3.3If grading operations occur during the rainy season (November through April), employing temporary slope stabilization features such as mulches, nettings, chemical and natural binders, and/or rip-rap; (Former Section CZ#A314-9(C)(3))
112.1.3.4Immediate vegetative plantings of disturbed slopes at finished grades; (Former Section CZ#A314-9(C)(4))
112.1.3.5Control of runoff through controlled water and drainage systems with dissipated discharges and receiving stream bank protection; (Former Section CZ#A314-9(C)(5))
112.1.3.6Diversion of runoff away from graded areas and areas traveled during project development; (Former Section CZ#A314-9(C) (6))
112.1.3.7Temporary and permanent sediment control through use of dikes, filter beams, and sediment basins. (Former Section CZ#A314-9(C)(7))
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113.1 SPECIAL OCCUPANCY PARKS
113.1.1 Purpose. The purpose of these regulations is to ensure that special occupancy parks meet minimum standards of habitability and do not adversely impact surrounding property. (Former Section CZ#A314-34.1(A); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.2 Applicability. These regulations shall apply to all Special Occupancy Park Use Types. Nothing herein contained shall be deemed to relieve the owner or operator of a Special Occupancy park of the duty of complying with all applicable state and local laws and regulations. (Former Section CZ#A314-34.1(B); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3 Development Standards.
113.1.3.1 Location. Special occupancy parks shall be established for the convenience of the traveling public. (Former Section CZ#A31434.1(C)(1); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.2 Minimum Site Area. Special occupancy parks shall be located on a parcel of land not less than one (1) acre in area. (Former Section CZ#A314-34.1(C)(2); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.3 Density of Occupation. Occupation of campground spaces within special occupancy parks is limited to one (1) recreational vehicle or two (2) tents per each campground space. (Former Section CZ#A314-34.1(C)(3); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.4 Fences and Walls. Each special occupancy park shall be entirely enclosed at its exterior boundaries by appropriate decorative screening or landscaping material; provided, however, that said screen when located within a front yard shall be constructed at or behind the required setback. (Former Section CZ#A314-34.1(C)(4); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.5 Required Setbacks. The setbacks prescribed by the applicable zone shall apply to special occupancy parks. (Former Section CZ#A314-34.1(C)(5); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.6 Minimum Campground Space Dimensions. Each campground space within a special occupancy park shall be not less than 1,000 square feet in area, except that thirty percent (30%) of said spaces may not be less than 650 square feet in area for the accommodation of tents and small camping units only. (Former Section CZ#A314-34.1(C)(6); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.7 Minimum Campground Space Setbacks and Campground Space Density. (Former Section CZ#A314-34.1(C)(7); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.7.1Each recreational vehicle or tent occupying a campground space and all accessory buildings shall maintain a six (6) foot setback from any building, or other recreational vehicle or tent, pursuant to regulations contained in Title 25 of the California Code of Regulations, or any successor provisions thereto. (Former Section CZ#A314-34.1(C)(7)(a); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.7.2No recreational vehicle or tent shall be located less than fifteen (15) feet from any abutting property. (Former Section CZ#A314-34.1(C)(7)(b); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.7.3No recreational vehicle or tent shall be located less than twenty-five (25) feet from any prime arterial or collector road, and not less than fifteen (15) feet from any street right-of-way. (Former Section CZ#A314-34.1(C)(7)(c); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.7.4Campground space density shall not exceed twelve (12) units per acre. (Former Section CZ#A314-34.1(C)(7)(d); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.8 Landscaping. All setbacks from streets and other areas in a special occupancy park not used for driveways, parking, buildings and service areas shall be landscaped in accordance with the conditions of the Use Permit. Walls, earthen berms, and landscaped buffer strips shall be used wherever possible to minimize noise from freeway sources. (Former Section CZ#A314-34.1(C)(8); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.9 Interior Roadways. Private streets within a special occupancy park shall have the following minimum clearance widths: (Former Section CZ#A314-34.1(C)(9)(a-e); Amended by Ord. 2167, Sec. 32, 4/7/98)
| One-way parkingwith no sideparking | 15feet |
|---|---|
| One-way with parking permitted on one side |
22 feet |
| Two-way with no parking on either side |
20 feet |
Two-way with parking permitted on 27 feet one side Two-way with parking permitted on 34 feet both sides
113.1.3.10Adequate roadway space for turn-arounds shall be provided. (Former Section CZ#A314-34.1(C)(10); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.11 Off-Street Parking. Parking space in a special occupancy park shall be provided as follows: (Former Section CZ#A314-34.1(C) (11); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.11.1One (1) parking space for each recreational vehicle. (Former Section CZ#A314-34.1(C)(11)(a); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.11.2One (1) parking space for each full-time employee. (Former Section CZ#A314-34.1(C)(11)(b); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.11.3For the purpose of registration, the following number of spaces for temporary parking in proximity to the park office shall be provided: (Former Section CZ#A314-34.1(C)(11)(c); Amended by Ord. 2167, Sec. 32, 4/7/98)
| 0 - 200 occupant spaces | 6 spaces |
|---|---|
| 201 -300 occupant spaces | 8 spaces |
| 301 or more occupant spaces | 10 spaces |
113.1.3.12 Location Map. Each campground space in a special occupancy park shall be clearly identified and a map showing the location of each space shall be provided at the park office. (Former Section CZ#A314-34.1(C)(12); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.13 Trash Collection. Common storage enclosures for garbage and trash shall be provided. Such enclosures shall be of sturdy construction and designed to screen trash and garbage receptacles from public view. (Former Section CZ#A314-34.1(C)(13); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.14 Lighting. Adequate artificial lighting shall be provided for all walkways, streets, parking areas, sanitary facilities, storage areas, and recreational facilities. No lighting shall be constructed or positioned so as to cause direct or undesirable illumination of adjacent property or campground spaces within the park. (Former Section CZ#A314-34.1(C)(14); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.15 Sanitary Facilities. Sanitary facilities for a special occupancy park facility shall be in accordance with the regulations of Title 25 of the California Code of Regulations, or any successor provisions thereto, and shall include: (Former Section CZ#A314-34.1(C)(15); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.15.1The availability of a portable water supply from a public utility or a distributor holding a valid permit from the State. Water supplies from other sources shall be approved by the Humboldt County Department of Health; (Former Section CZ#A314-34.1(C)(15) (a); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.15.2Wastewater disposal facilities provided by a public agency which has met the requirements of the Regional Water Quality Control Board. Alternative or individual disposal systems shall be approved by the County Health Department; (Former Section CZ#A314-34.1(C)(15)(b); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.15.3A recreational vehicle sanitation station designed and constructed in accordance with the regulations of Title 25 of the California Code of Regulations, or any successor provision thereto; and approved by the County Health Department where on-site sanitation is proposed; (Former Section CZ#A314-34.1(C)(15)(c); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.15.4Toilets, showers and lavatories for the exclusive use of the occupants of the special occupancy park shall be provided as required by Health and Safety Code Section 1864(b), or any successor provision thereto; (Former Section CZ#A314-34.1(C)(15)(d); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.15.5Laundry facilities in accordance with the requirements of the State Health and Safety Code and/or other applicable State laws or regulations. (Former Section CZ#A314-34.1(C)(15)(e); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.16 Storage Facilities. Storage facilities may be provided for the storage of vehicles belonging to park occupants. Storage areas shall be paved or graveled and enclosed by a solid wall or fence not less than six (6) feet in height. (Former Section CZ#A314-34.1(C) (16); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.4 Accessory Buildings. A special occupancy park may include the following accessory buildings; provided such uses are designed to be clearly accessory to the special occupancy park and intended for the convenience of the occupants and their guests: (Former Section CZ#A314-34.1(D); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.4.1 Assembly and Recreation. A building or buildings designed for indoor assembly or recreation. (Former Section CZ#A31434.1(D)(1); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.4.2 Commercial Services. Commercial structures and uses such as general store, restaurant, lunch counter, or snack bar. (Former Section CZ#A314-34.1(D)(2); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.4.3 Personal Services. Service buildings and facilities incidental to and customarily accessory to permitted uses, including sauna baths and swimming pools. (Former Section CZ#A314-34.1(D)(3); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.4.4 Caretaker’s Residence. (Former Section CZ#A314-34.1(D)(4); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.5 Limitations. No person or group of persons other than the owner or operator thereof shall occupy any of the campground spaces in a special occupancy park for permanent family or group residential use. Length of occupancy of all other campground spaces shall be regulated as follows: (Former Section CZ#A314-34.1(E); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.5.1Persons occupying vehicles with total hook-up capacity, including sewer, water and electricity, shall not occupy any campground space in a special occupancy park for a period exceeding four (4) months in any twelve (12) month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed four (4) months in any twelve (12) month period. (Former Section CZ#A314-34.1(E)(1); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.5.2Persons occupying tents or vehicles with less than total hook-up capacity shall not occupy any campground space in a special occupancy park for a period exceeding thirty (30) days in any twelve (12) month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed a total of thirty (30) days in any twelve (12) month period. (Former Section CZ#A314-34.1(E)(2); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.6 Modification of Development Criteria.
113.1.6.1Modification of the development standards 113.1.3 of this section may be granted by the Hearing Officer subject to making the required findings for Granting Special Permit Exceptions in Chapter 2, Procedures, and the finding that the development will be consistent with all applicable State and local health and safety standards, and that the development would have no adverse impact on coastal resources. (Former Section CZ#A314-34.1(F); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.6.2To ensure the park is compatible with surrounding property uses, the Hearing Officer may limit the term of the permit to a specified time period, and may require that the caretaker of the park has specific plans and sufficient experience with anticipated users to effectively engage the cooperation of the users to maintain the park in a clean, safe and sanitary condition. (Former Section CZ#A314-34.1(F); Added by Ord. 2167, Sec. 32, 4/7/98)
113.1.6.3The Hearing Officer may also require the caretaker to: (Former Section CZ#A314-34.1(F); Added by Ord. 2167, Sec. 32, 4/7/98)
113.1.6.3.1demonstrate the ability to implement a plan for responding to the ongoing concerns of the neighbors, such as regularly scheduled meetings and 24 hour crisis response capacity, and (Former Section CZ#A314-34.1(F); Added by Ord. 2167, Sec. 32, 4/7/98)
113.1.6.3.2agree to mediation by a disinterested party agreeable to all parties, where conflicts with neighbors persist. (Former Section CZ#A314-34.1(F); Added by Ord. 2167, Sec. 32, 4/7/98)
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113.1 SPECIAL OCCUPANCY PARKS
113.1.1 Purpose. The purpose of these regulations is to ensure that special occupancy parks meet minimum standards of habitability and do not adversely impact surrounding property. (Former Section CZ#A314-34.1(A); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.2 Applicability. These regulations shall apply to all Special Occupancy Park Use Types. Nothing herein contained shall be deemed to relieve the owner or operator of a Special Occupancy park of the duty of complying with all applicable state and local laws and regulations. (Former Section CZ#A314-34.1(B); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3 Development Standards.
113.1.3.1 Location. Special occupancy parks shall be established for the convenience of the traveling public. (Former Section CZ#A31434.1(C)(1); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.2 Minimum Site Area. Special occupancy parks shall be located on a parcel of land not less than one (1) acre in area. (Former Section CZ#A314-34.1(C)(2); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.3 Density of Occupation. Occupation of campground spaces within special occupancy parks is limited to one (1) recreational vehicle or two (2) tents per each campground space. (Former Section CZ#A314-34.1(C)(3); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.4 Fences and Walls. Each special occupancy park shall be entirely enclosed at its exterior boundaries by appropriate decorative screening or landscaping material; provided, however, that said screen when located within a front yard shall be constructed at or behind the required setback. (Former Section CZ#A314-34.1(C)(4); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.5 Required Setbacks. The setbacks prescribed by the applicable zone shall apply to special occupancy parks. (Former Section CZ#A314-34.1(C)(5); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.6 Minimum Campground Space Dimensions. Each campground space within a special occupancy park shall be not less than 1,000 square feet in area, except that thirty percent (30%) of said spaces may not be less than 650 square feet in area for the accommodation of tents and small camping units only. (Former Section CZ#A314-34.1(C)(6); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.7 Minimum Campground Space Setbacks and Campground Space Density. (Former Section CZ#A314-34.1(C)(7); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.7.1Each recreational vehicle or tent occupying a campground space and all accessory buildings shall maintain a six (6) foot setback from any building, or other recreational vehicle or tent, pursuant to regulations contained in Title 25 of the California Code of Regulations, or any successor provisions thereto. (Former Section CZ#A314-34.1(C)(7)(a); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.7.2No recreational vehicle or tent shall be located less than fifteen (15) feet from any abutting property. (Former Section CZ#A314-34.1(C)(7)(b); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.7.3No recreational vehicle or tent shall be located less than twenty-five (25) feet from any prime arterial or collector road, and not less than fifteen (15) feet from any street right-of-way. (Former Section CZ#A314-34.1(C)(7)(c); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.7.4Campground space density shall not exceed twelve (12) units per acre. (Former Section CZ#A314-34.1(C)(7)(d); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.8 Landscaping. All setbacks from streets and other areas in a special occupancy park not used for driveways, parking, buildings and service areas shall be landscaped in accordance with the conditions of the Use Permit. Walls, earthen berms, and landscaped buffer strips shall be used wherever possible to minimize noise from freeway sources. (Former Section CZ#A314-34.1(C)(8); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.9 Interior Roadways. Private streets within a special occupancy park shall have the following minimum clearance widths: (Former Section CZ#A314-34.1(C)(9)(a-e); Amended by Ord. 2167, Sec. 32, 4/7/98)
| One-way parkingwith no sideparking | 15feet |
|---|---|
| One-way with parking permitted on one side |
22 feet |
| Two-way with no parking on either side |
20 feet |
Two-way with parking permitted on 27 feet one side Two-way with parking permitted on 34 feet both sides
113.1.3.10Adequate roadway space for turn-arounds shall be provided. (Former Section CZ#A314-34.1(C)(10); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.11 Off-Street Parking. Parking space in a special occupancy park shall be provided as follows: (Former Section CZ#A314-34.1(C) (11); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.11.1One (1) parking space for each recreational vehicle. (Former Section CZ#A314-34.1(C)(11)(a); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.11.2One (1) parking space for each full-time employee. (Former Section CZ#A314-34.1(C)(11)(b); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.11.3For the purpose of registration, the following number of spaces for temporary parking in proximity to the park office shall be provided: (Former Section CZ#A314-34.1(C)(11)(c); Amended by Ord. 2167, Sec. 32, 4/7/98)
| 0 - 200 occupant spaces | 6 spaces |
|---|---|
| 201 -300 occupant spaces | 8 spaces |
| 301 or more occupant spaces | 10 spaces |
113.1.3.12 Location Map. Each campground space in a special occupancy park shall be clearly identified and a map showing the location of each space shall be provided at the park office. (Former Section CZ#A314-34.1(C)(12); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.13 Trash Collection. Common storage enclosures for garbage and trash shall be provided. Such enclosures shall be of sturdy construction and designed to screen trash and garbage receptacles from public view. (Former Section CZ#A314-34.1(C)(13); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.14 Lighting. Adequate artificial lighting shall be provided for all walkways, streets, parking areas, sanitary facilities, storage areas, and recreational facilities. No lighting shall be constructed or positioned so as to cause direct or undesirable illumination of adjacent property or campground spaces within the park. (Former Section CZ#A314-34.1(C)(14); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.15 Sanitary Facilities. Sanitary facilities for a special occupancy park facility shall be in accordance with the regulations of Title 25 of the California Code of Regulations, or any successor provisions thereto, and shall include: (Former Section CZ#A314-34.1(C)(15); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.15.1The availability of a portable water supply from a public utility or a distributor holding a valid permit from the State. Water supplies from other sources shall be approved by the Humboldt County Department of Health; (Former Section CZ#A314-34.1(C)(15) (a); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.15.2Wastewater disposal facilities provided by a public agency which has met the requirements of the Regional Water Quality Control Board. Alternative or individual disposal systems shall be approved by the County Health Department; (Former Section CZ#A314-34.1(C)(15)(b); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.15.3A recreational vehicle sanitation station designed and constructed in accordance with the regulations of Title 25 of the California Code of Regulations, or any successor provision thereto; and approved by the County Health Department where on-site sanitation is proposed; (Former Section CZ#A314-34.1(C)(15)(c); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.15.4Toilets, showers and lavatories for the exclusive use of the occupants of the special occupancy park shall be provided as required by Health and Safety Code Section 1864(b), or any successor provision thereto; (Former Section CZ#A314-34.1(C)(15)(d); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.15.5Laundry facilities in accordance with the requirements of the State Health and Safety Code and/or other applicable State laws or regulations. (Former Section CZ#A314-34.1(C)(15)(e); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.3.16 Storage Facilities. Storage facilities may be provided for the storage of vehicles belonging to park occupants. Storage areas shall be paved or graveled and enclosed by a solid wall or fence not less than six (6) feet in height. (Former Section CZ#A314-34.1(C) (16); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.4 Accessory Buildings. A special occupancy park may include the following accessory buildings; provided such uses are designed to be clearly accessory to the special occupancy park and intended for the convenience of the occupants and their guests: (Former Section CZ#A314-34.1(D); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.4.1 Assembly and Recreation. A building or buildings designed for indoor assembly or recreation. (Former Section CZ#A31434.1(D)(1); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.4.2 Commercial Services. Commercial structures and uses such as general store, restaurant, lunch counter, or snack bar. (Former Section CZ#A314-34.1(D)(2); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.4.3 Personal Services. Service buildings and facilities incidental to and customarily accessory to permitted uses, including sauna baths and swimming pools. (Former Section CZ#A314-34.1(D)(3); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.4.4 Caretaker’s Residence. (Former Section CZ#A314-34.1(D)(4); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.5 Limitations. No person or group of persons other than the owner or operator thereof shall occupy any of the campground spaces in a special occupancy park for permanent family or group residential use. Length of occupancy of all other campground spaces shall be regulated as follows: (Former Section CZ#A314-34.1(E); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.5.1Persons occupying vehicles with total hook-up capacity, including sewer, water and electricity, shall not occupy any campground space in a special occupancy park for a period exceeding four (4) months in any twelve (12) month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed four (4) months in any twelve (12) month period. (Former Section CZ#A314-34.1(E)(1); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.5.2Persons occupying tents or vehicles with less than total hook-up capacity shall not occupy any campground space in a special occupancy park for a period exceeding thirty (30) days in any twelve (12) month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed a total of thirty (30) days in any twelve (12) month period. (Former Section CZ#A314-34.1(E)(2); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.6 Modification of Development Criteria.
113.1.6.1Modification of the development standards 113.1.3 of this section may be granted by the Hearing Officer subject to making the required findings for Granting Special Permit Exceptions in Chapter 2, Procedures, and the finding that the development will be consistent with all applicable State and local health and safety standards, and that the development would have no adverse impact on coastal resources. (Former Section CZ#A314-34.1(F); Amended by Ord. 2167, Sec. 32, 4/7/98)
ed by the Hearing Officer subject to making the required findings for Granting Special Permit Exceptions in Chapter 2, Procedures, and the finding that the development will be consistent with all applicable State and local health and safety standards, and that the development would have no adverse impact on coastal resources. (Former Section CZ#A314-34.1(F); Amended by Ord. 2167, Sec. 32, 4/7/98)
113.1.6.2To ensure the park is compatible with surrounding property uses, the Hearing Officer may limit the term of the permit to a specified time period, and may require that the caretaker of the park has specific plans and sufficient experience with anticipated users to effectively engage the cooperation of the users to maintain the park in a clean, safe and sanitary condition. (Former Section CZ#A314-34.1(F); Added by Ord. 2167, Sec. 32, 4/7/98)
113.1.6.3The Hearing Officer may also require the caretaker to: (Former Section CZ#A314-34.1(F); Added by Ord. 2167, Sec. 32, 4/7/98)
113.1.6.3.1demonstrate the ability to implement a plan for responding to the ongoing concerns of the neighbors, such as regularly scheduled meetings and 24 hour crisis response capacity, and (Former Section CZ#A314-34.1(F); Added by Ord. 2167, Sec. 32, 4/7/98)
113.1.6.3.2agree to mediation by a disinterested party agreeable to all parties, where conflicts with neighbors persist. (Former Section CZ#A314-34.1(F); Added by Ord. 2167, Sec. 32, 4/7/98)
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121.1 PURPOSE
The purpose of these regulations is: (Former Section CZ#A314-16(A))
121.1.1To ensure that risks to life and property in high and potentially high geologic hazard areas shall be minimized, and further, (Former Section CZ#A314-16(A))
121.1.2To assure the geologic stability and structural integrity of development, and (Former Section CZ#A314-16(A))
121.1.3To ensure that development neither creates nor contributes significantly to erosion, geologic instability or destruction of development sites or surrounding areas, or in any way requires the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (Former Section CZ#A314-16(A))
121.2 APPLICABILITY
The Geologic Hazards Regulations shall apply throughout Humboldt County. (Former Section CZ#A314-16(B))
121.3 MODIFICATIONS IMPOSED BY GEOLOGIC HAZARDS REGULATIONS
The provisions of the Geologic Hazards Regulations shall be in addition to requirements imposed by all other Zoning Regulations. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including any conflict with the County Grading Ordinance (see, Chapter 70 of the currently applicable Uniform Building Code), the most restrictive regulations shall apply. (Former Section CZ#A314-16(C))
121.4 NATURAL HAZARDS/LAND USE RATING MATRIX
New development shall be reviewed, approved and sited in accordance with the Geologic Hazards Land Use Matrix of this section. (Former Section CZ#A314-16(D))
121.5 REPORTS REQUIRED
Engineering geologic and/or soil engineering reports shall be required according to the following schedule: (Former Section CZ#A31416(E))
121.5.1 R1 Report Requirements.
121.5.1.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R1” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(1)(a))
121.5.1.2The preliminary engineering geologic report shall be prepared by a certified engineering geologist. The preliminary soil engineering report shall be prepared by a civil engineer experienced and knowledgeable in the practice of soil engineering or by a certified engineering geologist. (Former Section CZ#A314-16(E)(1)(b))
121.5.2 R2 Report Requirements.
121.5.2.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R2” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(2)(a))
121.5.2.2The reports required under this subsection shall be prepared by either a registered geologist or a registered civil engineer experienced and knowledgeable in the practice of soil engineering. (Former Section CZ#A314-16(E)(2)(b))
121.5.2.3It is incumbent upon the project engineer to consult a registered geologist should it become apparent that an adequate subdivision design or structural solution requires additional geologic input. If, after preliminary investigation of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
121.5.3 Discretionary Report Requirements. The Chief Building Official shall determine if a preliminary geologic report or a preliminary soil engineering report is required for the classes of development and hazard areas indicated by a “D” (discretionary) in the Geologic Hazards Land Use Matrix. The criteria for determining whether or not a report is required when it is designated in the Geologic Hazards Land Use Matrix as discretionary include the following; however, where evaluation of items listed below is inconclusive, a statement is required by a registered engineer that a geologic or soil report is not required for the safety of the project. (Former Section CZ#A314-16(E)(3))
121.5.3.1Criteria for either type of report shall include: (Former Section CZ#A314-16(E)(3)(a))
121.5.3.1.1results of a site inspection by the building inspector; (Former Section CZ#A314-16(E)(3)(a)(i))
121.5.3.1.2geologic maps and reports covering the area; (Former Section CZ#A314-16(E)(3)(a)(ii))
121.5.3.1.3the potential for the development to affect adjacent property or improvements; (Former Section CZ#A314-16(E)(3)(a)(iii))
121.5.3.1.4the degree to which public exposure to risk may be a factor; (Former Section CZ#A314-16(E)(3)(a)(iv))
121.5.3.1.5the size and scale of the proposed development; or (Former Section CZ#A314-16(E)(3)(a)(v))
121.5.3.2A soil engineering report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(b))
121.5.3.2.1the depth (or height) of cut or fill is three (3) feet or greater; (Former Section CZ#A314-16(E)(3)(b)(i))
121.5.3.2.2the fill is to support structural footings; (Former Section CZ#A314-16(E)(3)(b)(ii))
121.5.3.2.3an engineered cut or fill is required; (Former Section CZ#A314-16(E)(3)(b)(iii))
121.5.3.2.4the soils are or may be subject to significant shrink-swell; or (Former Section CZ#A314-16(E)(3)(b)(iv))
121.5.3.2.5areas where material exists that may be subject to settlement or subsidence. (Former Section CZ#A314-16(E)(3)(b)(v))
121.5.3.3An engineering geologic report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(c)(i-ix))
121.5.3.3.1finish cut or fill slope faces with vertical heights in excess of ten (10) feet;
121.5.3.3.2existing slope steeper than five (5) horizontal to one (1) vertical;
121.5.3.3.3an existing cut slope having a vertical height in excess of ten (10) feet;
121.5.3.3.4existing sea cliffs, stream bank cliffs, etc. in excess of ten (10) feet;
121.5.3.3.5existing or suspected earthquake or seismic hazards;
121.5.3.3.6existing or suspected groundwater hazards;
121.5.3.3.7areas that are underlain by landslides or soil creep or by rock material susceptible to landslide or creep activity;
121.5.3.3.8areas where materials exist that may be subject to settlement or subsidence; or
121.5.3.3.9areas subject to drifting or loose sand.
121.5.4 Report Waiver. The report requirements of subsections 121.5.1. and 121.5.2. may be waived or the contents modified by the Director when: (Former Section CZ#A314-16(E)(4))
121.5.4.1An adequate geologic and/or soil assessment at a suitable scale already exists for the site proposed for development; or (Former Section CZ#A314-16(E)(4)(a))
121.5.4.2Reports are not indicated as necessary under the criteria listed in subsection 121.5.3.1; and (Former Section CZ#A314-16(E) (4)(b))
121.5.4.3The proposed development is not within a Critical Water Supply Area as designated in the General Plan. (Former Section CZ#A314-16(E)(4)(c))
121.5.4.4Report requirements may not be waived within the Coastal Zone, except that for Coastal Zone portions of Shelter Cove only, the requirements may be waived if the proposed development is within a waiver area as specified in Appendix E of the Southcoast Area Plan, and the Chief Building Official concurs. (Former Section CZ#A314-16(E)(4)(d))
- 121.5.5The required soil report may serve to meet the soil report requirement under County Code Section 326 24 where, in the opinion of the Chief Building Inspector, it contains substantially the same information and addresses the concerns that may have been identified by the Department’s field inspection. (Former Section CZ#A314-16(E)(5))
121.5.6When a report is required pursuant to the Alquist-Priolo Fault Hazard Regulations of this ordinance, it should be combined with the reports required under this part where feasible. (Former Section CZ#A314-16(E)(6))
121.6 CONTENTS OF REPORTS
121.6.1 Engineering Geologic Report. The above required engineering geologic reports, designated “R1” and “R2,” shall provide a preliminary geological reconnaissance and evaluation of the project site and surrounding terrain. The degree of analysis should be appropriate to the degree of potential risk presented by the site and the proposed project. Reports shall be prepared in accordance with the California Division of Mines and Geology (CDMG) Note #44, “Recommended Guidelines for Preparing Engineering Geologic Reports.” CDMG Notes #37, 43 and 49 shall be utilized as applicable when seismic or fault rupture hazards are identified as concerns.
In citing the CDMG Notes, it is not the intent of the County to seek lengthy dissertations on the area geology, but rather to provide uniform outlines to serve as checklists with points to be discussed as applicable. (Former Section CZ#A314-16(F)(1))
121.6.2 Preliminary Soil Engineering Report. The above required preliminary soil engineering report shall describe the nature of the subsurface soils and any soil conditions which would affect the design and/or layout of the proposed development. The report shall include the locations and logs of any test borings and percolation test results if on-site sewage disposal is proposed. The report shall recommend areas or issues of concern which require additional engineering or geologic evaluation. These reports shall be prepared in accordance with the Uniform Building Code, Appendix, Chapter 70, Excavation and Grading, and/or Chapter 29, Excavations, Foundations and Retaining Walls, as applicable. (Former Section CZ#A314-16(F)(2))
121.6.3Within the Coastal Zone, Supplementary Information for Reports for Development Located in the Coastal Zone. Within the Coastal Zone, the reports should give particular treatment and analyze the following, as applicable: (Former Section CZ#A314-16(F) (3))
121.6.3.1Historic, current and foreseeable cliff erosion, including investigation of recorded land surveys in addition to the use of historic maps and photographs where available, and possible changes in shore configuration and sand transport; (Former Section CZ#A314-16(F)(3)(a))
121.6.3.2Ground and surface water conditions and variations, including hydrologic changes caused by the development (i.e., introduction of sewage effluent and irrigation water to the ground water system, alterations in surface drainage, etc.); (Former Section CZ#A314-16(F)(3)(b))
121.6.3.3Potential erodability of site and mitigation measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design); (Former Section CZ#A314-16(F)(3)(c))
121.6.3.4Effects of marine erosion of seacliffs; (Former Section CZ#A314-16(F)(3)(d))
121.6.3.5Detailed mitigation measures or alternative solutions for avoiding potential impacts; (Former Section CZ#A314-16(F)(3)(e))
121.6.3.6Professional conclusions as to whether the project can be designed so that it will neither be subject to nor contribute to significant geologic instability throughout the life span of the project; and (Former Section CZ#A314-16(F)(3)(f))
121.6.3.7Currently acceptable engineering stability analysis method should be used. The method(s) of field analysis should be described, and the degree of uncertainty of analytical results due to assumptions and unknowns should be described. (Former Section CZ#A314-16(F)(3)(g))
Table: Geologic Hazards Land Use Matrix
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
SLOPE STABILITY ****** 0 1 23 |
LIQUEFACTION MOD. HIGH |
|---|---|---|---|---|
| Hazardous | Nuclear power plants, major dams, hazardous chemical storage |
R1 | ||
| Essential | Hospitals, fire and police stations, civil defense headquarters, |
|||
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| life line utility systems, ambulance stations |
||||
| High Risk | Schools, theaters, auditoriums, hotels, large motels, major office buildings, high density residential, redundant utility systems, major highway bridges |
|||
| Low Risk | Final map subdivisions, heavy industrial |
D | R2 | R2 |
| Multi-family structures greater than 4-plexes |
D | D | D | |
| Parcel map subdivisions |
D | D | D | |
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| Light industrial, warehousing, commercial |
D | D | D | |
| Residential structures on existing lots with footing loads greater than typical two story wood frame dwellings or residential structures with three stories or more |
D | D | D | |
| Residential wood frame structures two stories or less on existinglots |
D | D | D |
“R” Means preliminary report is required.
“D” Means preliminary report is discretionary.
“A” Within a Coastal Zone Area of Demonstration, an R2 report is report is required, and is not discretionary.
*Within the Coastal Zone an R2 report is required and is not discretionary; except as provided in subsection 313121.5.4: Report Waiver.
**As designated on the Geological Map of the Humboldt County General Plan.
121.7 DEVELOPMENT STANDARDS
121.7.1The applicant shall either provide additional information as recommended by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
d by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
121.7.2Projects shall be constructed in accordance with the currently applicable Uniform Building Code, Section 2312, Earthquake Regulations, or any successor provision, as applicable. As referred to in the Uniform Building Code (UBC), Section 2312, the seismic zone boundaries shall be defined as follows: UBC Seismic Zone 4 applies south and west of the Grogan Fault; and Zone 3 applies north and east of the Grogan Fault. (Former Section CZ#A314-16(G)(2))
121.7.3Within the Coastal Zone, the following shall also apply: (Former Section CZ#A314-16(G)(3))
121.7.3.1Developments shall be sited and designed to assure stability and structural integrity for their expected economic life spans while minimizing alteration of natural landforms; (Former Section CZ#A314-16(G)(3)(a))
121.7.3.2Bluff and cliff developments (including related storm runoff, irrigation, wastewater disposal and other activities and facilities accompanying such development) shall not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding geologically hazardous areas; (Former Section CZ#A314-16(G)(3)(b))
121.7.3.3Alteration of cliffs and bluff tops, faces, or bases by excavation or other means shall be minimized. Cliff retaining walls shall be allowed only to stabilize slopes. (Former Section CZ#A314-16(G)(3)(c)) Your Selections
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121.1 PURPOSE
The purpose of these regulations is: (Former Section CZ#A314-16(A))
121.1.1To ensure that risks to life and property in high and potentially high geologic hazard areas shall be minimized, and further, (Former Section CZ#A314-16(A))
121.1.2To assure the geologic stability and structural integrity of development, and (Former Section CZ#A314-16(A))
121.1.3To ensure that development neither creates nor contributes significantly to erosion, geologic instability or destruction of development sites or surrounding areas, or in any way requires the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (Former Section CZ#A314-16(A))
121.2 APPLICABILITY
The Geologic Hazards Regulations shall apply throughout Humboldt County. (Former Section CZ#A314-16(B))
121.3 MODIFICATIONS IMPOSED BY GEOLOGIC HAZARDS REGULATIONS
The provisions of the Geologic Hazards Regulations shall be in addition to requirements imposed by all other Zoning Regulations. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including any conflict with the County Grading Ordinance (see, Chapter 70 of the currently applicable Uniform Building Code), the most restrictive regulations shall apply. (Former Section CZ#A314-16(C))
121.4 NATURAL HAZARDS/LAND USE RATING MATRIX
New development shall be reviewed, approved and sited in accordance with the Geologic Hazards Land Use Matrix of this section. (Former Section CZ#A314-16(D))
121.5 REPORTS REQUIRED
Engineering geologic and/or soil engineering reports shall be required according to the following schedule: (Former Section CZ#A31416(E))
121.5.1 R1 Report Requirements.
121.5.1.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R1” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(1)(a))
121.5.1.2The preliminary engineering geologic report shall be prepared by a certified engineering geologist. The preliminary soil engineering report shall be prepared by a civil engineer experienced and knowledgeable in the practice of soil engineering or by a certified engineering geologist. (Former Section CZ#A314-16(E)(1)(b))
121.5.2 R2 Report Requirements.
121.5.2.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R2” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(2)(a))
121.5.2.2The reports required under this subsection shall be prepared by either a registered geologist or a registered civil engineer experienced and knowledgeable in the practice of soil engineering. (Former Section CZ#A314-16(E)(2)(b))
121.5.2.3It is incumbent upon the project engineer to consult a registered geologist should it become apparent that an adequate subdivision design or structural solution requires additional geologic input. If, after preliminary investigation of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
121.5.3 Discretionary Report Requirements. The Chief Building Official shall determine if a preliminary geologic report or a preliminary soil engineering report is required for the classes of development and hazard areas indicated by a “D” (discretionary) in the Geologic Hazards Land Use Matrix. The criteria for determining whether or not a report is required when it is designated in the Geologic Hazards Land Use Matrix as discretionary include the following; however, where evaluation of items listed below is inconclusive, a statement is required by a registered engineer that a geologic or soil report is not required for the safety of the project. (Former Section CZ#A314-16(E)(3))
121.5.3.1Criteria for either type of report shall include: (Former Section CZ#A314-16(E)(3)(a))
121.5.3.1.1results of a site inspection by the building inspector; (Former Section CZ#A314-16(E)(3)(a)(i))
121.5.3.1.2geologic maps and reports covering the area; (Former Section CZ#A314-16(E)(3)(a)(ii))
121.5.3.1.3the potential for the development to affect adjacent property or improvements; (Former Section CZ#A314-16(E)(3)(a)(iii))
121.5.3.1.4the degree to which public exposure to risk may be a factor; (Former Section CZ#A314-16(E)(3)(a)(iv))
121.5.3.1.5the size and scale of the proposed development; or (Former Section CZ#A314-16(E)(3)(a)(v))
121.5.3.2A soil engineering report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(b))
121.5.3.2.1the depth (or height) of cut or fill is three (3) feet or greater; (Former Section CZ#A314-16(E)(3)(b)(i))
121.5.3.2.2the fill is to support structural footings; (Former Section CZ#A314-16(E)(3)(b)(ii))
121.5.3.2.3an engineered cut or fill is required; (Former Section CZ#A314-16(E)(3)(b)(iii))
121.5.3.2.4the soils are or may be subject to significant shrink-swell; or (Former Section CZ#A314-16(E)(3)(b)(iv))
121.5.3.2.5areas where material exists that may be subject to settlement or subsidence. (Former Section CZ#A314-16(E)(3)(b)(v))
121.5.3.3An engineering geologic report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(c)(i-ix))
121.5.3.3.1finish cut or fill slope faces with vertical heights in excess of ten (10) feet;
121.5.3.3.2existing slope steeper than five (5) horizontal to one (1) vertical;
121.5.3.3.3an existing cut slope having a vertical height in excess of ten (10) feet;
121.5.3.3.4existing sea cliffs, stream bank cliffs, etc. in excess of ten (10) feet;
121.5.3.3.5existing or suspected earthquake or seismic hazards;
121.5.3.3.6existing or suspected groundwater hazards;
121.5.3.3.7areas that are underlain by landslides or soil creep or by rock material susceptible to landslide or creep activity;
121.5.3.3.8areas where materials exist that may be subject to settlement or subsidence; or
121.5.3.3.9areas subject to drifting or loose sand.
121.5.4 Report Waiver. The report requirements of subsections 121.5.1. and 121.5.2. may be waived or the contents modified by the Director when: (Former Section CZ#A314-16(E)(4))
121.5.4.1An adequate geologic and/or soil assessment at a suitable scale already exists for the site proposed for development; or (Former Section CZ#A314-16(E)(4)(a))
121.5.4.2Reports are not indicated as necessary under the criteria listed in subsection 121.5.3.1; and (Former Section CZ#A314-16(E) (4)(b))
121.5.4.3The proposed development is not within a Critical Water Supply Area as designated in the General Plan. (Former Section CZ#A314-16(E)(4)(c))
121.5.4.4Report requirements may not be waived within the Coastal Zone, except that for Coastal Zone portions of Shelter Cove only, the requirements may be waived if the proposed development is within a waiver area as specified in Appendix E of the Southcoast Area Plan, and the Chief Building Official concurs. (Former Section CZ#A314-16(E)(4)(d))
- 121.5.5The required soil report may serve to meet the soil report requirement under County Code Section 326 24 where, in the opinion of the Chief Building Inspector, it contains substantially the same information and addresses the concerns that may have been identified by the Department’s field inspection. (Former Section CZ#A314-16(E)(5))
121.5.6When a report is required pursuant to the Alquist-Priolo Fault Hazard Regulations of this ordinance, it should be combined with the reports required under this part where feasible. (Former Section CZ#A314-16(E)(6))
121.6 CONTENTS OF REPORTS
121.6.1 Engineering Geologic Report. The above required engineering geologic reports, designated “R1” and “R2,” shall provide a preliminary geological reconnaissance and evaluation of the project site and surrounding terrain. The degree of analysis should be appropriate to the degree of potential risk presented by the site and the proposed project. Reports shall be prepared in accordance with the California Division of Mines and Geology (CDMG) Note #44, “Recommended Guidelines for Preparing Engineering Geologic Reports.” CDMG Notes #37, 43 and 49 shall be utilized as applicable when seismic or fault rupture hazards are identified as concerns.
In citing the CDMG Notes, it is not the intent of the County to seek lengthy dissertations on the area geology, but rather to provide uniform outlines to serve as checklists with points to be discussed as applicable. (Former Section CZ#A314-16(F)(1))
121.6.2 Preliminary Soil Engineering Report. The above required preliminary soil engineering report shall describe the nature of the subsurface soils and any soil conditions which would affect the design and/or layout of the proposed development. The report shall include the locations and logs of any test borings and percolation test results if on-site sewage disposal is proposed. The report shall recommend areas or issues of concern which require additional engineering or geologic evaluation. These reports shall be prepared in accordance with the Uniform Building Code, Appendix, Chapter 70, Excavation and Grading, and/or Chapter 29, Excavations, Foundations and Retaining Walls, as applicable. (Former Section CZ#A314-16(F)(2))
121.6.3Within the Coastal Zone, Supplementary Information for Reports for Development Located in the Coastal Zone. Within the Coastal Zone, the reports should give particular treatment and analyze the following, as applicable: (Former Section CZ#A314-16(F) (3))
121.6.3.1Historic, current and foreseeable cliff erosion, including investigation of recorded land surveys in addition to the use of historic maps and photographs where available, and possible changes in shore configuration and sand transport; (Former Section CZ#A314-16(F)(3)(a))
121.6.3.2Ground and surface water conditions and variations, including hydrologic changes caused by the development (i.e., introduction of sewage effluent and irrigation water to the ground water system, alterations in surface drainage, etc.); (Former Section CZ#A314-16(F)(3)(b))
121.6.3.3Potential erodability of site and mitigation measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design); (Former Section CZ#A314-16(F)(3)(c))
121.6.3.4Effects of marine erosion of seacliffs; (Former Section CZ#A314-16(F)(3)(d))
121.6.3.5Detailed mitigation measures or alternative solutions for avoiding potential impacts; (Former Section CZ#A314-16(F)(3)(e))
121.6.3.6Professional conclusions as to whether the project can be designed so that it will neither be subject to nor contribute to significant geologic instability throughout the life span of the project; and (Former Section CZ#A314-16(F)(3)(f))
121.6.3.7Currently acceptable engineering stability analysis method should be used. The method(s) of field analysis should be described, and the degree of uncertainty of analytical results due to assumptions and unknowns should be described. (Former Section CZ#A314-16(F)(3)(g))
Table: Geologic Hazards Land Use Matrix
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
SLOPE STABILITY ****** 0 1 23 |
LIQUEFACTION MOD. HIGH |
|---|---|---|---|---|
| Hazardous | Nuclear power plants, major dams, hazardous chemical storage |
R1 | ||
| Essential | Hospitals, fire and police stations, civil defense headquarters, |
|||
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| life line utility systems, ambulance stations |
||||
| High Risk | Schools, theaters, auditoriums, hotels, large motels, major office buildings, high density residential, redundant utility systems, major highway bridges |
|||
| Low Risk | Final map subdivisions, heavy industrial |
D | R2 | R2 |
| Multi-family structures greater than 4-plexes |
D | D | D | |
| Parcel map subdivisions |
D | D | D | |
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| Light industrial, warehousing, commercial |
D | D | D | |
| Residential structures on existing lots with footing loads greater than typical two story wood frame dwellings or residential structures with three stories or more |
D | D | D | |
| Residential wood frame structures two stories or less on existinglots |
D | D | D |
“R” Means preliminary report is required.
“D” Means preliminary report is discretionary.
“A” Within a Coastal Zone Area of Demonstration, an R2 report is report is required, and is not discretionary.
*Within the Coastal Zone an R2 report is required and is not discretionary; except as provided in subsection 313121.5.4: Report Waiver.
**As designated on the Geological Map of the Humboldt County General Plan.
121.7 DEVELOPMENT STANDARDS
121.7.1The applicant shall either provide additional information as recommended by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
d by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
121.7.2Projects shall be constructed in accordance with the currently applicable Uniform Building Code, Section 2312, Earthquake Regulations, or any successor provision, as applicable. As referred to in the Uniform Building Code (UBC), Section 2312, the seismic zone boundaries shall be defined as follows: UBC Seismic Zone 4 applies south and west of the Grogan Fault; and Zone 3 applies north and east of the Grogan Fault. (Former Section CZ#A314-16(G)(2))
121.7.3Within the Coastal Zone, the following shall also apply: (Former Section CZ#A314-16(G)(3))
121.7.3.1Developments shall be sited and designed to assure stability and structural integrity for their expected economic life spans while minimizing alteration of natural landforms; (Former Section CZ#A314-16(G)(3)(a))
121.7.3.2Bluff and cliff developments (including related storm runoff, irrigation, wastewater disposal and other activities and facilities accompanying such development) shall not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding geologically hazardous areas; (Former Section CZ#A314-16(G)(3)(b))
121.7.3.3Alteration of cliffs and bluff tops, faces, or bases by excavation or other means shall be minimized. Cliff retaining walls shall be allowed only to stabilize slopes. (Former Section CZ#A314-16(G)(3)(c)) Your Selections
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121.1 PURPOSE
The purpose of these regulations is: (Former Section CZ#A314-16(A))
121.1.1To ensure that risks to life and property in high and potentially high geologic hazard areas shall be minimized, and further, (Former Section CZ#A314-16(A))
121.1.2To assure the geologic stability and structural integrity of development, and (Former Section CZ#A314-16(A))
121.1.3To ensure that development neither creates nor contributes significantly to erosion, geologic instability or destruction of development sites or surrounding areas, or in any way requires the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (Former Section CZ#A314-16(A))
121.2 APPLICABILITY
The Geologic Hazards Regulations shall apply throughout Humboldt County. (Former Section CZ#A314-16(B))
121.3 MODIFICATIONS IMPOSED BY GEOLOGIC HAZARDS REGULATIONS
The provisions of the Geologic Hazards Regulations shall be in addition to requirements imposed by all other Zoning Regulations. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including any conflict with the County Grading Ordinance (see, Chapter 70 of the currently applicable Uniform Building Code), the most restrictive regulations shall apply. (Former Section CZ#A314-16(C))
121.4 NATURAL HAZARDS/LAND USE RATING MATRIX
New development shall be reviewed, approved and sited in accordance with the Geologic Hazards Land Use Matrix of this section. (Former Section CZ#A314-16(D))
121.5 REPORTS REQUIRED
Engineering geologic and/or soil engineering reports shall be required according to the following schedule: (Former Section CZ#A31416(E))
121.5.1 R1 Report Requirements.
121.5.1.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R1” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(1)(a))
121.5.1.2The preliminary engineering geologic report shall be prepared by a certified engineering geologist. The preliminary soil engineering report shall be prepared by a civil engineer experienced and knowledgeable in the practice of soil engineering or by a certified engineering geologist. (Former Section CZ#A314-16(E)(1)(b))
121.5.2 R2 Report Requirements.
121.5.2.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R2” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(2)(a))
121.5.2.2The reports required under this subsection shall be prepared by either a registered geologist or a registered civil engineer experienced and knowledgeable in the practice of soil engineering. (Former Section CZ#A314-16(E)(2)(b))
121.5.2.3It is incumbent upon the project engineer to consult a registered geologist should it become apparent that an adequate subdivision design or structural solution requires additional geologic input. If, after preliminary investigation of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
121.5.3 Discretionary Report Requirements. The Chief Building Official shall determine if a preliminary geologic report or a preliminary soil engineering report is required for the classes of development and hazard areas indicated by a “D” (discretionary) in the Geologic Hazards Land Use Matrix. The criteria for determining whether or not a report is required when it is designated in the Geologic Hazards Land Use Matrix as discretionary include the following; however, where evaluation of items listed below is inconclusive, a statement is required by a registered engineer that a geologic or soil report is not required for the safety of the project. (Former Section CZ#A314-16(E)(3))
121.5.3.1Criteria for either type of report shall include: (Former Section CZ#A314-16(E)(3)(a))
121.5.3.1.1results of a site inspection by the building inspector; (Former Section CZ#A314-16(E)(3)(a)(i))
121.5.3.1.2geologic maps and reports covering the area; (Former Section CZ#A314-16(E)(3)(a)(ii))
121.5.3.1.3the potential for the development to affect adjacent property or improvements; (Former Section CZ#A314-16(E)(3)(a)(iii))
121.5.3.1.4the degree to which public exposure to risk may be a factor; (Former Section CZ#A314-16(E)(3)(a)(iv))
121.5.3.1.5the size and scale of the proposed development; or (Former Section CZ#A314-16(E)(3)(a)(v))
121.5.3.2A soil engineering report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(b))
121.5.3.2.1the depth (or height) of cut or fill is three (3) feet or greater; (Former Section CZ#A314-16(E)(3)(b)(i))
121.5.3.2.2the fill is to support structural footings; (Former Section CZ#A314-16(E)(3)(b)(ii))
121.5.3.2.3an engineered cut or fill is required; (Former Section CZ#A314-16(E)(3)(b)(iii))
121.5.3.2.4the soils are or may be subject to significant shrink-swell; or (Former Section CZ#A314-16(E)(3)(b)(iv))
121.5.3.2.5areas where material exists that may be subject to settlement or subsidence. (Former Section CZ#A314-16(E)(3)(b)(v))
121.5.3.3An engineering geologic report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(c)(i-ix))
121.5.3.3.1finish cut or fill slope faces with vertical heights in excess of ten (10) feet;
121.5.3.3.2existing slope steeper than five (5) horizontal to one (1) vertical;
121.5.3.3.3an existing cut slope having a vertical height in excess of ten (10) feet;
121.5.3.3.4existing sea cliffs, stream bank cliffs, etc. in excess of ten (10) feet;
121.5.3.3.5existing or suspected earthquake or seismic hazards;
121.5.3.3.6existing or suspected groundwater hazards;
121.5.3.3.7areas that are underlain by landslides or soil creep or by rock material susceptible to landslide or creep activity;
121.5.3.3.8areas where materials exist that may be subject to settlement or subsidence; or
121.5.3.3.9areas subject to drifting or loose sand.
121.5.4 Report Waiver. The report requirements of subsections 121.5.1. and 121.5.2. may be waived or the contents modified by the Director when: (Former Section CZ#A314-16(E)(4))
121.5.4.1An adequate geologic and/or soil assessment at a suitable scale already exists for the site proposed for development; or (Former Section CZ#A314-16(E)(4)(a))
121.5.4.2Reports are not indicated as necessary under the criteria listed in subsection 121.5.3.1; and (Former Section CZ#A314-16(E) (4)(b))
121.5.4.3The proposed development is not within a Critical Water Supply Area as designated in the General Plan. (Former Section CZ#A314-16(E)(4)(c))
121.5.4.4Report requirements may not be waived within the Coastal Zone, except that for Coastal Zone portions of Shelter Cove only, the requirements may be waived if the proposed development is within a waiver area as specified in Appendix E of the Southcoast Area Plan, and the Chief Building Official concurs. (Former Section CZ#A314-16(E)(4)(d))
- 121.5.5The required soil report may serve to meet the soil report requirement under County Code Section 326 24 where, in the opinion of the Chief Building Inspector, it contains substantially the same information and addresses the concerns that may have been identified by the Department’s field inspection. (Former Section CZ#A314-16(E)(5))
121.5.6When a report is required pursuant to the Alquist-Priolo Fault Hazard Regulations of this ordinance, it should be combined with the reports required under this part where feasible. (Former Section CZ#A314-16(E)(6))
121.6 CONTENTS OF REPORTS
121.6.1 Engineering Geologic Report. The above required engineering geologic reports, designated “R1” and “R2,” shall provide a preliminary geological reconnaissance and evaluation of the project site and surrounding terrain. The degree of analysis should be appropriate to the degree of potential risk presented by the site and the proposed project. Reports shall be prepared in accordance with the California Division of Mines and Geology (CDMG) Note #44, “Recommended Guidelines for Preparing Engineering Geologic Reports.” CDMG Notes #37, 43 and 49 shall be utilized as applicable when seismic or fault rupture hazards are identified as concerns.
In citing the CDMG Notes, it is not the intent of the County to seek lengthy dissertations on the area geology, but rather to provide uniform outlines to serve as checklists with points to be discussed as applicable. (Former Section CZ#A314-16(F)(1))
121.6.2 Preliminary Soil Engineering Report. The above required preliminary soil engineering report shall describe the nature of the subsurface soils and any soil conditions which would affect the design and/or layout of the proposed development. The report shall include the locations and logs of any test borings and percolation test results if on-site sewage disposal is proposed. The report shall recommend areas or issues of concern which require additional engineering or geologic evaluation. These reports shall be prepared in accordance with the Uniform Building Code, Appendix, Chapter 70, Excavation and Grading, and/or Chapter 29, Excavations, Foundations and Retaining Walls, as applicable. (Former Section CZ#A314-16(F)(2))
121.6.3Within the Coastal Zone, Supplementary Information for Reports for Development Located in the Coastal Zone. Within the Coastal Zone, the reports should give particular treatment and analyze the following, as applicable: (Former Section CZ#A314-16(F) (3))
121.6.3.1Historic, current and foreseeable cliff erosion, including investigation of recorded land surveys in addition to the use of historic maps and photographs where available, and possible changes in shore configuration and sand transport; (Former Section CZ#A314-16(F)(3)(a))
121.6.3.2Ground and surface water conditions and variations, including hydrologic changes caused by the development (i.e., introduction of sewage effluent and irrigation water to the ground water system, alterations in surface drainage, etc.); (Former Section CZ#A314-16(F)(3)(b))
121.6.3.3Potential erodability of site and mitigation measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design); (Former Section CZ#A314-16(F)(3)(c))
121.6.3.4Effects of marine erosion of seacliffs; (Former Section CZ#A314-16(F)(3)(d))
121.6.3.5Detailed mitigation measures or alternative solutions for avoiding potential impacts; (Former Section CZ#A314-16(F)(3)(e))
121.6.3.6Professional conclusions as to whether the project can be designed so that it will neither be subject to nor contribute to significant geologic instability throughout the life span of the project; and (Former Section CZ#A314-16(F)(3)(f))
121.6.3.7Currently acceptable engineering stability analysis method should be used. The method(s) of field analysis should be described, and the degree of uncertainty of analytical results due to assumptions and unknowns should be described. (Former Section CZ#A314-16(F)(3)(g))
Table: Geologic Hazards Land Use Matrix
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
SLOPE STABILITY ****** 0 1 23 |
LIQUEFACTION MOD. HIGH |
|---|---|---|---|---|
| Hazardous | Nuclear power plants, major dams, hazardous chemical storage |
R1 | ||
| Essential | Hospitals, fire and police stations, civil defense headquarters, |
|||
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| life line utility systems, ambulance stations |
||||
| High Risk | Schools, theaters, auditoriums, hotels, large motels, major office buildings, high density residential, redundant utility systems, major highway bridges |
|||
| Low Risk | Final map subdivisions, heavy industrial |
D | R2 | R2 |
| Multi-family structures greater than 4-plexes |
D | D | D | |
| Parcel map subdivisions |
D | D | D | |
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| Light industrial, warehousing, commercial |
D | D | D | |
| Residential structures on existing lots with footing loads greater than typical two story wood frame dwellings or residential structures with three stories or more |
D | D | D | |
| Residential wood frame structures two stories or less on existinglots |
D | D | D |
“R” Means preliminary report is required.
“D” Means preliminary report is discretionary.
“A” Within a Coastal Zone Area of Demonstration, an R2 report is report is required, and is not discretionary.
*Within the Coastal Zone an R2 report is required and is not discretionary; except as provided in subsection 313121.5.4: Report Waiver.
**As designated on the Geological Map of the Humboldt County General Plan.
121.7 DEVELOPMENT STANDARDS
121.7.1The applicant shall either provide additional information as recommended by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
d by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
121.7.2Projects shall be constructed in accordance with the currently applicable Uniform Building Code, Section 2312, Earthquake Regulations, or any successor provision, as applicable. As referred to in the Uniform Building Code (UBC), Section 2312, the seismic zone boundaries shall be defined as follows: UBC Seismic Zone 4 applies south and west of the Grogan Fault; and Zone 3 applies north and east of the Grogan Fault. (Former Section CZ#A314-16(G)(2))
121.7.3Within the Coastal Zone, the following shall also apply: (Former Section CZ#A314-16(G)(3))
121.7.3.1Developments shall be sited and designed to assure stability and structural integrity for their expected economic life spans while minimizing alteration of natural landforms; (Former Section CZ#A314-16(G)(3)(a))
121.7.3.2Bluff and cliff developments (including related storm runoff, irrigation, wastewater disposal and other activities and facilities accompanying such development) shall not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding geologically hazardous areas; (Former Section CZ#A314-16(G)(3)(b))
121.7.3.3Alteration of cliffs and bluff tops, faces, or bases by excavation or other means shall be minimized. Cliff retaining walls shall be allowed only to stabilize slopes. (Former Section CZ#A314-16(G)(3)(c)) Your Selections
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121.1 PURPOSE
The purpose of these regulations is: (Former Section CZ#A314-16(A))
121.1.1To ensure that risks to life and property in high and potentially high geologic hazard areas shall be minimized, and further, (Former Section CZ#A314-16(A))
121.1.2To assure the geologic stability and structural integrity of development, and (Former Section CZ#A314-16(A))
121.1.3To ensure that development neither creates nor contributes significantly to erosion, geologic instability or destruction of development sites or surrounding areas, or in any way requires the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (Former Section CZ#A314-16(A))
121.2 APPLICABILITY
The Geologic Hazards Regulations shall apply throughout Humboldt County. (Former Section CZ#A314-16(B))
121.3 MODIFICATIONS IMPOSED BY GEOLOGIC HAZARDS REGULATIONS
The provisions of the Geologic Hazards Regulations shall be in addition to requirements imposed by all other Zoning Regulations. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including any conflict with the County Grading Ordinance (see, Chapter 70 of the currently applicable Uniform Building Code), the most restrictive regulations shall apply. (Former Section CZ#A314-16(C))
121.4 NATURAL HAZARDS/LAND USE RATING MATRIX
New development shall be reviewed, approved and sited in accordance with the Geologic Hazards Land Use Matrix of this section. (Former Section CZ#A314-16(D))
121.5 REPORTS REQUIRED
Engineering geologic and/or soil engineering reports shall be required according to the following schedule: (Former Section CZ#A31416(E))
121.5.1 R1 Report Requirements.
121.5.1.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R1” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(1)(a))
121.5.1.2The preliminary engineering geologic report shall be prepared by a certified engineering geologist. The preliminary soil engineering report shall be prepared by a civil engineer experienced and knowledgeable in the practice of soil engineering or by a certified engineering geologist. (Former Section CZ#A314-16(E)(1)(b))
121.5.2 R2 Report Requirements.
121.5.2.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R2” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(2)(a))
121.5.2.2The reports required under this subsection shall be prepared by either a registered geologist or a registered civil engineer experienced and knowledgeable in the practice of soil engineering. (Former Section CZ#A314-16(E)(2)(b))
121.5.2.3It is incumbent upon the project engineer to consult a registered geologist should it become apparent that an adequate subdivision design or structural solution requires additional geologic input. If, after preliminary investigation of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
121.5.3 Discretionary Report Requirements. The Chief Building Official shall determine if a preliminary geologic report or a preliminary soil engineering report is required for the classes of development and hazard areas indicated by a “D” (discretionary) in the Geologic Hazards Land Use Matrix. The criteria for determining whether or not a report is required when it is designated in the Geologic Hazards Land Use Matrix as discretionary include the following; however, where evaluation of items listed below is inconclusive, a statement is required by a registered engineer that a geologic or soil report is not required for the safety of the project. (Former Section CZ#A314-16(E)(3))
121.5.3.1Criteria for either type of report shall include: (Former Section CZ#A314-16(E)(3)(a))
121.5.3.1.1results of a site inspection by the building inspector; (Former Section CZ#A314-16(E)(3)(a)(i))
121.5.3.1.2geologic maps and reports covering the area; (Former Section CZ#A314-16(E)(3)(a)(ii))
121.5.3.1.3the potential for the development to affect adjacent property or improvements; (Former Section CZ#A314-16(E)(3)(a)(iii))
121.5.3.1.4the degree to which public exposure to risk may be a factor; (Former Section CZ#A314-16(E)(3)(a)(iv))
121.5.3.1.5the size and scale of the proposed development; or (Former Section CZ#A314-16(E)(3)(a)(v))
121.5.3.2A soil engineering report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(b))
121.5.3.2.1the depth (or height) of cut or fill is three (3) feet or greater; (Former Section CZ#A314-16(E)(3)(b)(i))
121.5.3.2.2the fill is to support structural footings; (Former Section CZ#A314-16(E)(3)(b)(ii))
121.5.3.2.3an engineered cut or fill is required; (Former Section CZ#A314-16(E)(3)(b)(iii))
121.5.3.2.4the soils are or may be subject to significant shrink-swell; or (Former Section CZ#A314-16(E)(3)(b)(iv))
121.5.3.2.5areas where material exists that may be subject to settlement or subsidence. (Former Section CZ#A314-16(E)(3)(b)(v))
121.5.3.3An engineering geologic report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(c)(i-ix))
121.5.3.3.1finish cut or fill slope faces with vertical heights in excess of ten (10) feet;
121.5.3.3.2existing slope steeper than five (5) horizontal to one (1) vertical;
121.5.3.3.3an existing cut slope having a vertical height in excess of ten (10) feet;
121.5.3.3.4existing sea cliffs, stream bank cliffs, etc. in excess of ten (10) feet;
121.5.3.3.5existing or suspected earthquake or seismic hazards;
121.5.3.3.6existing or suspected groundwater hazards;
121.5.3.3.7areas that are underlain by landslides or soil creep or by rock material susceptible to landslide or creep activity;
121.5.3.3.8areas where materials exist that may be subject to settlement or subsidence; or
121.5.3.3.9areas subject to drifting or loose sand.
121.5.4 Report Waiver. The report requirements of subsections 121.5.1. and 121.5.2. may be waived or the contents modified by the Director when: (Former Section CZ#A314-16(E)(4))
121.5.4.1An adequate geologic and/or soil assessment at a suitable scale already exists for the site proposed for development; or (Former Section CZ#A314-16(E)(4)(a))
121.5.4.2Reports are not indicated as necessary under the criteria listed in subsection 121.5.3.1; and (Former Section CZ#A314-16(E) (4)(b))
121.5.4.3The proposed development is not within a Critical Water Supply Area as designated in the General Plan. (Former Section CZ#A314-16(E)(4)(c))
121.5.4.4Report requirements may not be waived within the Coastal Zone, except that for Coastal Zone portions of Shelter Cove only, the requirements may be waived if the proposed development is within a waiver area as specified in Appendix E of the Southcoast Area Plan, and the Chief Building Official concurs. (Former Section CZ#A314-16(E)(4)(d))
- 121.5.5The required soil report may serve to meet the soil report requirement under County Code Section 326 24 where, in the opinion of the Chief Building Inspector, it contains substantially the same information and addresses the concerns that may have been identified by the Department’s field inspection. (Former Section CZ#A314-16(E)(5))
121.5.6When a report is required pursuant to the Alquist-Priolo Fault Hazard Regulations of this ordinance, it should be combined with the reports required under this part where feasible. (Former Section CZ#A314-16(E)(6))
121.6 CONTENTS OF REPORTS
121.6.1 Engineering Geologic Report. The above required engineering geologic reports, designated “R1” and “R2,” shall provide a preliminary geological reconnaissance and evaluation of the project site and surrounding terrain. The degree of analysis should be appropriate to the degree of potential risk presented by the site and the proposed project. Reports shall be prepared in accordance with the California Division of Mines and Geology (CDMG) Note #44, “Recommended Guidelines for Preparing Engineering Geologic Reports.” CDMG Notes #37, 43 and 49 shall be utilized as applicable when seismic or fault rupture hazards are identified as concerns.
In citing the CDMG Notes, it is not the intent of the County to seek lengthy dissertations on the area geology, but rather to provide uniform outlines to serve as checklists with points to be discussed as applicable. (Former Section CZ#A314-16(F)(1))
121.6.2 Preliminary Soil Engineering Report. The above required preliminary soil engineering report shall describe the nature of the subsurface soils and any soil conditions which would affect the design and/or layout of the proposed development. The report shall include the locations and logs of any test borings and percolation test results if on-site sewage disposal is proposed. The report shall recommend areas or issues of concern which require additional engineering or geologic evaluation. These reports shall be prepared in accordance with the Uniform Building Code, Appendix, Chapter 70, Excavation and Grading, and/or Chapter 29, Excavations, Foundations and Retaining Walls, as applicable. (Former Section CZ#A314-16(F)(2))
121.6.3Within the Coastal Zone, Supplementary Information for Reports for Development Located in the Coastal Zone. Within the Coastal Zone, the reports should give particular treatment and analyze the following, as applicable: (Former Section CZ#A314-16(F) (3))
121.6.3.1Historic, current and foreseeable cliff erosion, including investigation of recorded land surveys in addition to the use of historic maps and photographs where available, and possible changes in shore configuration and sand transport; (Former Section CZ#A314-16(F)(3)(a))
121.6.3.2Ground and surface water conditions and variations, including hydrologic changes caused by the development (i.e., introduction of sewage effluent and irrigation water to the ground water system, alterations in surface drainage, etc.); (Former Section CZ#A314-16(F)(3)(b))
121.6.3.3Potential erodability of site and mitigation measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design); (Former Section CZ#A314-16(F)(3)(c))
121.6.3.4Effects of marine erosion of seacliffs; (Former Section CZ#A314-16(F)(3)(d))
121.6.3.5Detailed mitigation measures or alternative solutions for avoiding potential impacts; (Former Section CZ#A314-16(F)(3)(e))
121.6.3.6Professional conclusions as to whether the project can be designed so that it will neither be subject to nor contribute to significant geologic instability throughout the life span of the project; and (Former Section CZ#A314-16(F)(3)(f))
121.6.3.7Currently acceptable engineering stability analysis method should be used. The method(s) of field analysis should be described, and the degree of uncertainty of analytical results due to assumptions and unknowns should be described. (Former Section CZ#A314-16(F)(3)(g))
Table: Geologic Hazards Land Use Matrix
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
SLOPE STABILITY ****** 0 1 23 |
LIQUEFACTION MOD. HIGH |
|---|---|---|---|---|
| Hazardous | Nuclear power plants, major dams, hazardous chemical storage |
R1 | ||
| Essential | Hospitals, fire and police stations, civil defense headquarters, |
|||
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| life line utility systems, ambulance stations |
||||
| High Risk | Schools, theaters, auditoriums, hotels, large motels, major office buildings, high density residential, redundant utility systems, major highway bridges |
|||
| Low Risk | Final map subdivisions, heavy industrial |
D | R2 | R2 |
| Multi-family structures greater than 4-plexes |
D | D | D | |
| Parcel map subdivisions |
D | D | D | |
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| Light industrial, warehousing, commercial |
D | D | D | |
| Residential structures on existing lots with footing loads greater than typical two story wood frame dwellings or residential structures with three stories or more |
D | D | D | |
| Residential wood frame structures two stories or less on existinglots |
D | D | D |
“R” Means preliminary report is required.
“D” Means preliminary report is discretionary.
“A” Within a Coastal Zone Area of Demonstration, an R2 report is report is required, and is not discretionary.
*Within the Coastal Zone an R2 report is required and is not discretionary; except as provided in subsection 313121.5.4: Report Waiver.
**As designated on the Geological Map of the Humboldt County General Plan.
121.7 DEVELOPMENT STANDARDS
121.7.1The applicant shall either provide additional information as recommended by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
d by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
121.7.2Projects shall be constructed in accordance with the currently applicable Uniform Building Code, Section 2312, Earthquake Regulations, or any successor provision, as applicable. As referred to in the Uniform Building Code (UBC), Section 2312, the seismic zone boundaries shall be defined as follows: UBC Seismic Zone 4 applies south and west of the Grogan Fault; and Zone 3 applies north and east of the Grogan Fault. (Former Section CZ#A314-16(G)(2))
121.7.3Within the Coastal Zone, the following shall also apply: (Former Section CZ#A314-16(G)(3))
121.7.3.1Developments shall be sited and designed to assure stability and structural integrity for their expected economic life spans while minimizing alteration of natural landforms; (Former Section CZ#A314-16(G)(3)(a))
121.7.3.2Bluff and cliff developments (including related storm runoff, irrigation, wastewater disposal and other activities and facilities accompanying such development) shall not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding geologically hazardous areas; (Former Section CZ#A314-16(G)(3)(b))
121.7.3.3Alteration of cliffs and bluff tops, faces, or bases by excavation or other means shall be minimized. Cliff retaining walls shall be allowed only to stabilize slopes. (Former Section CZ#A314-16(G)(3)(c)) Your Selections
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121.1 PURPOSE
The purpose of these regulations is: (Former Section CZ#A314-16(A))
121.1.1To ensure that risks to life and property in high and potentially high geologic hazard areas shall be minimized, and further, (Former Section CZ#A314-16(A))
121.1.2To assure the geologic stability and structural integrity of development, and (Former Section CZ#A314-16(A))
121.1.3To ensure that development neither creates nor contributes significantly to erosion, geologic instability or destruction of development sites or surrounding areas, or in any way requires the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (Former Section CZ#A314-16(A))
121.2 APPLICABILITY
The Geologic Hazards Regulations shall apply throughout Humboldt County. (Former Section CZ#A314-16(B))
121.3 MODIFICATIONS IMPOSED BY GEOLOGIC HAZARDS REGULATIONS
The provisions of the Geologic Hazards Regulations shall be in addition to requirements imposed by all other Zoning Regulations. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including any conflict with the County Grading Ordinance (see, Chapter 70 of the currently applicable Uniform Building Code), the most restrictive regulations shall apply. (Former Section CZ#A314-16(C))
121.4 NATURAL HAZARDS/LAND USE RATING MATRIX
New development shall be reviewed, approved and sited in accordance with the Geologic Hazards Land Use Matrix of this section. (Former Section CZ#A314-16(D))
121.5 REPORTS REQUIRED
Engineering geologic and/or soil engineering reports shall be required according to the following schedule: (Former Section CZ#A31416(E))
121.5.1 R1 Report Requirements.
121.5.1.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R1” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(1)(a))
121.5.1.2The preliminary engineering geologic report shall be prepared by a certified engineering geologist. The preliminary soil engineering report shall be prepared by a civil engineer experienced and knowledgeable in the practice of soil engineering or by a certified engineering geologist. (Former Section CZ#A314-16(E)(1)(b))
121.5.2 R2 Report Requirements.
121.5.2.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R2” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(2)(a))
121.5.2.2The reports required under this subsection shall be prepared by either a registered geologist or a registered civil engineer experienced and knowledgeable in the practice of soil engineering. (Former Section CZ#A314-16(E)(2)(b))
121.5.2.3It is incumbent upon the project engineer to consult a registered geologist should it become apparent that an adequate subdivision design or structural solution requires additional geologic input. If, after preliminary investigation of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
121.5.3 Discretionary Report Requirements. The Chief Building Official shall determine if a preliminary geologic report or a preliminary soil engineering report is required for the classes of development and hazard areas indicated by a “D” (discretionary) in the Geologic Hazards Land Use Matrix. The criteria for determining whether or not a report is required when it is designated in the Geologic Hazards Land Use Matrix as discretionary include the following; however, where evaluation of items listed below is inconclusive, a statement is required by a registered engineer that a geologic or soil report is not required for the safety of the project. (Former Section CZ#A314-16(E)(3))
121.5.3.1Criteria for either type of report shall include: (Former Section CZ#A314-16(E)(3)(a))
121.5.3.1.1results of a site inspection by the building inspector; (Former Section CZ#A314-16(E)(3)(a)(i))
121.5.3.1.2geologic maps and reports covering the area; (Former Section CZ#A314-16(E)(3)(a)(ii))
121.5.3.1.3the potential for the development to affect adjacent property or improvements; (Former Section CZ#A314-16(E)(3)(a)(iii))
121.5.3.1.4the degree to which public exposure to risk may be a factor; (Former Section CZ#A314-16(E)(3)(a)(iv))
121.5.3.1.5the size and scale of the proposed development; or (Former Section CZ#A314-16(E)(3)(a)(v))
121.5.3.2A soil engineering report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(b))
121.5.3.2.1the depth (or height) of cut or fill is three (3) feet or greater; (Former Section CZ#A314-16(E)(3)(b)(i))
121.5.3.2.2the fill is to support structural footings; (Former Section CZ#A314-16(E)(3)(b)(ii))
121.5.3.2.3an engineered cut or fill is required; (Former Section CZ#A314-16(E)(3)(b)(iii))
121.5.3.2.4the soils are or may be subject to significant shrink-swell; or (Former Section CZ#A314-16(E)(3)(b)(iv))
121.5.3.2.5areas where material exists that may be subject to settlement or subsidence. (Former Section CZ#A314-16(E)(3)(b)(v))
121.5.3.3An engineering geologic report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(c)(i-ix))
121.5.3.3.1finish cut or fill slope faces with vertical heights in excess of ten (10) feet;
121.5.3.3.2existing slope steeper than five (5) horizontal to one (1) vertical;
121.5.3.3.3an existing cut slope having a vertical height in excess of ten (10) feet;
121.5.3.3.4existing sea cliffs, stream bank cliffs, etc. in excess of ten (10) feet;
121.5.3.3.5existing or suspected earthquake or seismic hazards;
121.5.3.3.6existing or suspected groundwater hazards;
121.5.3.3.7areas that are underlain by landslides or soil creep or by rock material susceptible to landslide or creep activity;
121.5.3.3.8areas where materials exist that may be subject to settlement or subsidence; or
121.5.3.3.9areas subject to drifting or loose sand.
121.5.4 Report Waiver. The report requirements of subsections 121.5.1. and 121.5.2. may be waived or the contents modified by the Director when: (Former Section CZ#A314-16(E)(4))
121.5.4.1An adequate geologic and/or soil assessment at a suitable scale already exists for the site proposed for development; or (Former Section CZ#A314-16(E)(4)(a))
121.5.4.2Reports are not indicated as necessary under the criteria listed in subsection 121.5.3.1; and (Former Section CZ#A314-16(E) (4)(b))
121.5.4.3The proposed development is not within a Critical Water Supply Area as designated in the General Plan. (Former Section CZ#A314-16(E)(4)(c))
121.5.4.4Report requirements may not be waived within the Coastal Zone, except that for Coastal Zone portions of Shelter Cove only, the requirements may be waived if the proposed development is within a waiver area as specified in Appendix E of the Southcoast Area Plan, and the Chief Building Official concurs. (Former Section CZ#A314-16(E)(4)(d))
- 121.5.5The required soil report may serve to meet the soil report requirement under County Code Section 326 24 where, in the opinion of the Chief Building Inspector, it contains substantially the same information and addresses the concerns that may have been identified by the Department’s field inspection. (Former Section CZ#A314-16(E)(5))
121.5.6When a report is required pursuant to the Alquist-Priolo Fault Hazard Regulations of this ordinance, it should be combined with the reports required under this part where feasible. (Former Section CZ#A314-16(E)(6))
121.6 CONTENTS OF REPORTS
121.6.1 Engineering Geologic Report. The above required engineering geologic reports, designated “R1” and “R2,” shall provide a preliminary geological reconnaissance and evaluation of the project site and surrounding terrain. The degree of analysis should be appropriate to the degree of potential risk presented by the site and the proposed project. Reports shall be prepared in accordance with the California Division of Mines and Geology (CDMG) Note #44, “Recommended Guidelines for Preparing Engineering Geologic Reports.” CDMG Notes #37, 43 and 49 shall be utilized as applicable when seismic or fault rupture hazards are identified as concerns.
In citing the CDMG Notes, it is not the intent of the County to seek lengthy dissertations on the area geology, but rather to provide uniform outlines to serve as checklists with points to be discussed as applicable. (Former Section CZ#A314-16(F)(1))
121.6.2 Preliminary Soil Engineering Report. The above required preliminary soil engineering report shall describe the nature of the subsurface soils and any soil conditions which would affect the design and/or layout of the proposed development. The report shall include the locations and logs of any test borings and percolation test results if on-site sewage disposal is proposed. The report shall recommend areas or issues of concern which require additional engineering or geologic evaluation. These reports shall be prepared in accordance with the Uniform Building Code, Appendix, Chapter 70, Excavation and Grading, and/or Chapter 29, Excavations, Foundations and Retaining Walls, as applicable. (Former Section CZ#A314-16(F)(2))
121.6.3Within the Coastal Zone, Supplementary Information for Reports for Development Located in the Coastal Zone. Within the Coastal Zone, the reports should give particular treatment and analyze the following, as applicable: (Former Section CZ#A314-16(F) (3))
121.6.3.1Historic, current and foreseeable cliff erosion, including investigation of recorded land surveys in addition to the use of historic maps and photographs where available, and possible changes in shore configuration and sand transport; (Former Section CZ#A314-16(F)(3)(a))
121.6.3.2Ground and surface water conditions and variations, including hydrologic changes caused by the development (i.e., introduction of sewage effluent and irrigation water to the ground water system, alterations in surface drainage, etc.); (Former Section CZ#A314-16(F)(3)(b))
121.6.3.3Potential erodability of site and mitigation measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design); (Former Section CZ#A314-16(F)(3)(c))
121.6.3.4Effects of marine erosion of seacliffs; (Former Section CZ#A314-16(F)(3)(d))
121.6.3.5Detailed mitigation measures or alternative solutions for avoiding potential impacts; (Former Section CZ#A314-16(F)(3)(e))
121.6.3.6Professional conclusions as to whether the project can be designed so that it will neither be subject to nor contribute to significant geologic instability throughout the life span of the project; and (Former Section CZ#A314-16(F)(3)(f))
121.6.3.7Currently acceptable engineering stability analysis method should be used. The method(s) of field analysis should be described, and the degree of uncertainty of analytical results due to assumptions and unknowns should be described. (Former Section CZ#A314-16(F)(3)(g))
Table: Geologic Hazards Land Use Matrix
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
SLOPE STABILITY ****** 0 1 23 |
LIQUEFACTION MOD. HIGH |
|---|---|---|---|---|
| Hazardous | Nuclear power plants, major dams, hazardous chemical storage |
R1 | ||
| Essential | Hospitals, fire and police stations, civil defense headquarters, |
|||
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| life line utility systems, ambulance stations |
||||
| High Risk | Schools, theaters, auditoriums, hotels, large motels, major office buildings, high density residential, redundant utility systems, major highway bridges |
|||
| Low Risk | Final map subdivisions, heavy industrial |
D | R2 | R2 |
| Multi-family structures greater than 4-plexes |
D | D | D | |
| Parcel map subdivisions |
D | D | D | |
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| Light industrial, warehousing, commercial |
D | D | D | |
| Residential structures on existing lots with footing loads greater than typical two story wood frame dwellings or residential structures with three stories or more |
D | D | D | |
| Residential wood frame structures two stories or less on existinglots |
D | D | D |
“R” Means preliminary report is required.
“D” Means preliminary report is discretionary.
“A” Within a Coastal Zone Area of Demonstration, an R2 report is report is required, and is not discretionary.
*Within the Coastal Zone an R2 report is required and is not discretionary; except as provided in subsection 313121.5.4: Report Waiver.
**As designated on the Geological Map of the Humboldt County General Plan.
121.7 DEVELOPMENT STANDARDS
121.7.1The applicant shall either provide additional information as recommended by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
d by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
121.7.2Projects shall be constructed in accordance with the currently applicable Uniform Building Code, Section 2312, Earthquake Regulations, or any successor provision, as applicable. As referred to in the Uniform Building Code (UBC), Section 2312, the seismic zone boundaries shall be defined as follows: UBC Seismic Zone 4 applies south and west of the Grogan Fault; and Zone 3 applies north and east of the Grogan Fault. (Former Section CZ#A314-16(G)(2))
121.7.3Within the Coastal Zone, the following shall also apply: (Former Section CZ#A314-16(G)(3))
121.7.3.1Developments shall be sited and designed to assure stability and structural integrity for their expected economic life spans while minimizing alteration of natural landforms; (Former Section CZ#A314-16(G)(3)(a))
121.7.3.2Bluff and cliff developments (including related storm runoff, irrigation, wastewater disposal and other activities and facilities accompanying such development) shall not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding geologically hazardous areas; (Former Section CZ#A314-16(G)(3)(b))
121.7.3.3Alteration of cliffs and bluff tops, faces, or bases by excavation or other means shall be minimized. Cliff retaining walls shall be allowed only to stabilize slopes. (Former Section CZ#A314-16(G)(3)(c)) Your Selections
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121.1 PURPOSE
The purpose of these regulations is: (Former Section CZ#A314-16(A))
121.1.1To ensure that risks to life and property in high and potentially high geologic hazard areas shall be minimized, and further, (Former Section CZ#A314-16(A))
121.1.2To assure the geologic stability and structural integrity of development, and (Former Section CZ#A314-16(A))
121.1.3To ensure that development neither creates nor contributes significantly to erosion, geologic instability or destruction of development sites or surrounding areas, or in any way requires the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (Former Section CZ#A314-16(A))
121.2 APPLICABILITY
The Geologic Hazards Regulations shall apply throughout Humboldt County. (Former Section CZ#A314-16(B))
121.3 MODIFICATIONS IMPOSED BY GEOLOGIC HAZARDS REGULATIONS
The provisions of the Geologic Hazards Regulations shall be in addition to requirements imposed by all other Zoning Regulations. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including any conflict with the County Grading Ordinance (see, Chapter 70 of the currently applicable Uniform Building Code), the most restrictive regulations shall apply. (Former Section CZ#A314-16(C))
121.4 NATURAL HAZARDS/LAND USE RATING MATRIX
New development shall be reviewed, approved and sited in accordance with the Geologic Hazards Land Use Matrix of this section. (Former Section CZ#A314-16(D))
121.5 REPORTS REQUIRED
Engineering geologic and/or soil engineering reports shall be required according to the following schedule: (Former Section CZ#A31416(E))
121.5.1 R1 Report Requirements.
121.5.1.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R1” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(1)(a))
121.5.1.2The preliminary engineering geologic report shall be prepared by a certified engineering geologist. The preliminary soil engineering report shall be prepared by a civil engineer experienced and knowledgeable in the practice of soil engineering or by a certified engineering geologist. (Former Section CZ#A314-16(E)(1)(b))
121.5.2 R2 Report Requirements.
121.5.2.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R2” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(2)(a))
121.5.2.2The reports required under this subsection shall be prepared by either a registered geologist or a registered civil engineer experienced and knowledgeable in the practice of soil engineering. (Former Section CZ#A314-16(E)(2)(b))
121.5.2.3It is incumbent upon the project engineer to consult a registered geologist should it become apparent that an adequate subdivision design or structural solution requires additional geologic input. If, after preliminary investigation of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
121.5.3 Discretionary Report Requirements. The Chief Building Official shall determine if a preliminary geologic report or a preliminary soil engineering report is required for the classes of development and hazard areas indicated by a “D” (discretionary) in the Geologic Hazards Land Use Matrix. The criteria for determining whether or not a report is required when it is designated in the Geologic Hazards Land Use Matrix as discretionary include the following; however, where evaluation of items listed below is inconclusive, a statement is required by a registered engineer that a geologic or soil report is not required for the safety of the project. (Former Section CZ#A314-16(E)(3))
121.5.3.1Criteria for either type of report shall include: (Former Section CZ#A314-16(E)(3)(a))
121.5.3.1.1results of a site inspection by the building inspector; (Former Section CZ#A314-16(E)(3)(a)(i))
121.5.3.1.2geologic maps and reports covering the area; (Former Section CZ#A314-16(E)(3)(a)(ii))
121.5.3.1.3the potential for the development to affect adjacent property or improvements; (Former Section CZ#A314-16(E)(3)(a)(iii))
121.5.3.1.4the degree to which public exposure to risk may be a factor; (Former Section CZ#A314-16(E)(3)(a)(iv))
121.5.3.1.5the size and scale of the proposed development; or (Former Section CZ#A314-16(E)(3)(a)(v))
121.5.3.2A soil engineering report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(b))
121.5.3.2.1the depth (or height) of cut or fill is three (3) feet or greater; (Former Section CZ#A314-16(E)(3)(b)(i))
121.5.3.2.2the fill is to support structural footings; (Former Section CZ#A314-16(E)(3)(b)(ii))
121.5.3.2.3an engineered cut or fill is required; (Former Section CZ#A314-16(E)(3)(b)(iii))
121.5.3.2.4the soils are or may be subject to significant shrink-swell; or (Former Section CZ#A314-16(E)(3)(b)(iv))
121.5.3.2.5areas where material exists that may be subject to settlement or subsidence. (Former Section CZ#A314-16(E)(3)(b)(v))
121.5.3.3An engineering geologic report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(c)(i-ix))
121.5.3.3.1finish cut or fill slope faces with vertical heights in excess of ten (10) feet;
121.5.3.3.2existing slope steeper than five (5) horizontal to one (1) vertical;
121.5.3.3.3an existing cut slope having a vertical height in excess of ten (10) feet;
121.5.3.3.4existing sea cliffs, stream bank cliffs, etc. in excess of ten (10) feet;
121.5.3.3.5existing or suspected earthquake or seismic hazards;
121.5.3.3.6existing or suspected groundwater hazards;
121.5.3.3.7areas that are underlain by landslides or soil creep or by rock material susceptible to landslide or creep activity;
121.5.3.3.8areas where materials exist that may be subject to settlement or subsidence; or
121.5.3.3.9areas subject to drifting or loose sand.
121.5.4 Report Waiver. The report requirements of subsections 121.5.1. and 121.5.2. may be waived or the contents modified by the Director when: (Former Section CZ#A314-16(E)(4))
121.5.4.1An adequate geologic and/or soil assessment at a suitable scale already exists for the site proposed for development; or (Former Section CZ#A314-16(E)(4)(a))
121.5.4.2Reports are not indicated as necessary under the criteria listed in subsection 121.5.3.1; and (Former Section CZ#A314-16(E) (4)(b))
121.5.4.3The proposed development is not within a Critical Water Supply Area as designated in the General Plan. (Former Section CZ#A314-16(E)(4)(c))
121.5.4.4Report requirements may not be waived within the Coastal Zone, except that for Coastal Zone portions of Shelter Cove only, the requirements may be waived if the proposed development is within a waiver area as specified in Appendix E of the Southcoast Area Plan, and the Chief Building Official concurs. (Former Section CZ#A314-16(E)(4)(d))
- 121.5.5The required soil report may serve to meet the soil report requirement under County Code Section 326 24 where, in the opinion of the Chief Building Inspector, it contains substantially the same information and addresses the concerns that may have been identified by the Department’s field inspection. (Former Section CZ#A314-16(E)(5))
121.5.6When a report is required pursuant to the Alquist-Priolo Fault Hazard Regulations of this ordinance, it should be combined with the reports required under this part where feasible. (Former Section CZ#A314-16(E)(6))
121.6 CONTENTS OF REPORTS
121.6.1 Engineering Geologic Report. The above required engineering geologic reports, designated “R1” and “R2,” shall provide a preliminary geological reconnaissance and evaluation of the project site and surrounding terrain. The degree of analysis should be appropriate to the degree of potential risk presented by the site and the proposed project. Reports shall be prepared in accordance with the California Division of Mines and Geology (CDMG) Note #44, “Recommended Guidelines for Preparing Engineering Geologic Reports.” CDMG Notes #37, 43 and 49 shall be utilized as applicable when seismic or fault rupture hazards are identified as concerns.
In citing the CDMG Notes, it is not the intent of the County to seek lengthy dissertations on the area geology, but rather to provide uniform outlines to serve as checklists with points to be discussed as applicable. (Former Section CZ#A314-16(F)(1))
121.6.2 Preliminary Soil Engineering Report. The above required preliminary soil engineering report shall describe the nature of the subsurface soils and any soil conditions which would affect the design and/or layout of the proposed development. The report shall include the locations and logs of any test borings and percolation test results if on-site sewage disposal is proposed. The report shall recommend areas or issues of concern which require additional engineering or geologic evaluation. These reports shall be prepared in accordance with the Uniform Building Code, Appendix, Chapter 70, Excavation and Grading, and/or Chapter 29, Excavations, Foundations and Retaining Walls, as applicable. (Former Section CZ#A314-16(F)(2))
121.6.3Within the Coastal Zone, Supplementary Information for Reports for Development Located in the Coastal Zone. Within the Coastal Zone, the reports should give particular treatment and analyze the following, as applicable: (Former Section CZ#A314-16(F) (3))
121.6.3.1Historic, current and foreseeable cliff erosion, including investigation of recorded land surveys in addition to the use of historic maps and photographs where available, and possible changes in shore configuration and sand transport; (Former Section CZ#A314-16(F)(3)(a))
121.6.3.2Ground and surface water conditions and variations, including hydrologic changes caused by the development (i.e., introduction of sewage effluent and irrigation water to the ground water system, alterations in surface drainage, etc.); (Former Section CZ#A314-16(F)(3)(b))
121.6.3.3Potential erodability of site and mitigation measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design); (Former Section CZ#A314-16(F)(3)(c))
121.6.3.4Effects of marine erosion of seacliffs; (Former Section CZ#A314-16(F)(3)(d))
121.6.3.5Detailed mitigation measures or alternative solutions for avoiding potential impacts; (Former Section CZ#A314-16(F)(3)(e))
121.6.3.6Professional conclusions as to whether the project can be designed so that it will neither be subject to nor contribute to significant geologic instability throughout the life span of the project; and (Former Section CZ#A314-16(F)(3)(f))
121.6.3.7Currently acceptable engineering stability analysis method should be used. The method(s) of field analysis should be described, and the degree of uncertainty of analytical results due to assumptions and unknowns should be described. (Former Section CZ#A314-16(F)(3)(g))
Table: Geologic Hazards Land Use Matrix
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
SLOPE STABILITY ****** 0 1 23 |
LIQUEFACTION MOD. HIGH |
|---|---|---|---|---|
| Hazardous | Nuclear power plants, major dams, hazardous chemical storage |
R1 | ||
| Essential | Hospitals, fire and police stations, civil defense headquarters, |
|||
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| life line utility systems, ambulance stations |
||||
| High Risk | Schools, theaters, auditoriums, hotels, large motels, major office buildings, high density residential, redundant utility systems, major highway bridges |
|||
| Low Risk | Final map subdivisions, heavy industrial |
D | R2 | R2 |
| Multi-family structures greater than 4-plexes |
D | D | D | |
| Parcel map subdivisions |
D | D | D | |
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| Light industrial, warehousing, commercial |
D | D | D | |
| Residential structures on existing lots with footing loads greater than typical two story wood frame dwellings or residential structures with three stories or more |
D | D | D | |
| Residential wood frame structures two stories or less on existinglots |
D | D | D |
“R” Means preliminary report is required.
“D” Means preliminary report is discretionary.
“A” Within a Coastal Zone Area of Demonstration, an R2 report is report is required, and is not discretionary.
*Within the Coastal Zone an R2 report is required and is not discretionary; except as provided in subsection 313121.5.4: Report Waiver.
**As designated on the Geological Map of the Humboldt County General Plan.
121.7 DEVELOPMENT STANDARDS
121.7.1The applicant shall either provide additional information as recommended by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
d by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
121.7.2Projects shall be constructed in accordance with the currently applicable Uniform Building Code, Section 2312, Earthquake Regulations, or any successor provision, as applicable. As referred to in the Uniform Building Code (UBC), Section 2312, the seismic zone boundaries shall be defined as follows: UBC Seismic Zone 4 applies south and west of the Grogan Fault; and Zone 3 applies north and east of the Grogan Fault. (Former Section CZ#A314-16(G)(2))
121.7.3Within the Coastal Zone, the following shall also apply: (Former Section CZ#A314-16(G)(3))
121.7.3.1Developments shall be sited and designed to assure stability and structural integrity for their expected economic life spans while minimizing alteration of natural landforms; (Former Section CZ#A314-16(G)(3)(a))
121.7.3.2Bluff and cliff developments (including related storm runoff, irrigation, wastewater disposal and other activities and facilities accompanying such development) shall not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding geologically hazardous areas; (Former Section CZ#A314-16(G)(3)(b))
121.7.3.3Alteration of cliffs and bluff tops, faces, or bases by excavation or other means shall be minimized. Cliff retaining walls shall be allowed only to stabilize slopes. (Former Section CZ#A314-16(G)(3)(c)) Your Selections
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121.1 PURPOSE
The purpose of these regulations is: (Former Section CZ#A314-16(A))
121.1.1To ensure that risks to life and property in high and potentially high geologic hazard areas shall be minimized, and further, (Former Section CZ#A314-16(A))
121.1.2To assure the geologic stability and structural integrity of development, and (Former Section CZ#A314-16(A))
121.1.3To ensure that development neither creates nor contributes significantly to erosion, geologic instability or destruction of development sites or surrounding areas, or in any way requires the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (Former Section CZ#A314-16(A))
121.2 APPLICABILITY
The Geologic Hazards Regulations shall apply throughout Humboldt County. (Former Section CZ#A314-16(B))
121.3 MODIFICATIONS IMPOSED BY GEOLOGIC HAZARDS REGULATIONS
The provisions of the Geologic Hazards Regulations shall be in addition to requirements imposed by all other Zoning Regulations. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including any conflict with the County Grading Ordinance (see, Chapter 70 of the currently applicable Uniform Building Code), the most restrictive regulations shall apply. (Former Section CZ#A314-16(C))
121.4 NATURAL HAZARDS/LAND USE RATING MATRIX
New development shall be reviewed, approved and sited in accordance with the Geologic Hazards Land Use Matrix of this section. (Former Section CZ#A314-16(D))
121.5 REPORTS REQUIRED
Engineering geologic and/or soil engineering reports shall be required according to the following schedule: (Former Section CZ#A31416(E))
121.5.1 R1 Report Requirements.
121.5.1.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R1” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(1)(a))
121.5.1.2The preliminary engineering geologic report shall be prepared by a certified engineering geologist. The preliminary soil engineering report shall be prepared by a civil engineer experienced and knowledgeable in the practice of soil engineering or by a certified engineering geologist. (Former Section CZ#A314-16(E)(1)(b))
121.5.2 R2 Report Requirements.
121.5.2.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R2” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(2)(a))
121.5.2.2The reports required under this subsection shall be prepared by either a registered geologist or a registered civil engineer experienced and knowledgeable in the practice of soil engineering. (Former Section CZ#A314-16(E)(2)(b))
121.5.2.3It is incumbent upon the project engineer to consult a registered geologist should it become apparent that an adequate subdivision design or structural solution requires additional geologic input. If, after preliminary investigation of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
121.5.3 Discretionary Report Requirements. The Chief Building Official shall determine if a preliminary geologic report or a preliminary soil engineering report is required for the classes of development and hazard areas indicated by a “D” (discretionary) in the Geologic Hazards Land Use Matrix. The criteria for determining whether or not a report is required when it is designated in the Geologic Hazards Land Use Matrix as discretionary include the following; however, where evaluation of items listed below is inconclusive, a statement is required by a registered engineer that a geologic or soil report is not required for the safety of the project. (Former Section CZ#A314-16(E)(3))
121.5.3.1Criteria for either type of report shall include: (Former Section CZ#A314-16(E)(3)(a))
121.5.3.1.1results of a site inspection by the building inspector; (Former Section CZ#A314-16(E)(3)(a)(i))
121.5.3.1.2geologic maps and reports covering the area; (Former Section CZ#A314-16(E)(3)(a)(ii))
121.5.3.1.3the potential for the development to affect adjacent property or improvements; (Former Section CZ#A314-16(E)(3)(a)(iii))
121.5.3.1.4the degree to which public exposure to risk may be a factor; (Former Section CZ#A314-16(E)(3)(a)(iv))
121.5.3.1.5the size and scale of the proposed development; or (Former Section CZ#A314-16(E)(3)(a)(v))
121.5.3.2A soil engineering report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(b))
121.5.3.2.1the depth (or height) of cut or fill is three (3) feet or greater; (Former Section CZ#A314-16(E)(3)(b)(i))
121.5.3.2.2the fill is to support structural footings; (Former Section CZ#A314-16(E)(3)(b)(ii))
121.5.3.2.3an engineered cut or fill is required; (Former Section CZ#A314-16(E)(3)(b)(iii))
121.5.3.2.4the soils are or may be subject to significant shrink-swell; or (Former Section CZ#A314-16(E)(3)(b)(iv))
121.5.3.2.5areas where material exists that may be subject to settlement or subsidence. (Former Section CZ#A314-16(E)(3)(b)(v))
121.5.3.3An engineering geologic report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(c)(i-ix))
121.5.3.3.1finish cut or fill slope faces with vertical heights in excess of ten (10) feet;
121.5.3.3.2existing slope steeper than five (5) horizontal to one (1) vertical;
121.5.3.3.3an existing cut slope having a vertical height in excess of ten (10) feet;
121.5.3.3.4existing sea cliffs, stream bank cliffs, etc. in excess of ten (10) feet;
121.5.3.3.5existing or suspected earthquake or seismic hazards;
121.5.3.3.6existing or suspected groundwater hazards;
121.5.3.3.7areas that are underlain by landslides or soil creep or by rock material susceptible to landslide or creep activity;
121.5.3.3.8areas where materials exist that may be subject to settlement or subsidence; or
121.5.3.3.9areas subject to drifting or loose sand.
121.5.4 Report Waiver. The report requirements of subsections 121.5.1. and 121.5.2. may be waived or the contents modified by the Director when: (Former Section CZ#A314-16(E)(4))
121.5.4.1An adequate geologic and/or soil assessment at a suitable scale already exists for the site proposed for development; or (Former Section CZ#A314-16(E)(4)(a))
121.5.4.2Reports are not indicated as necessary under the criteria listed in subsection 121.5.3.1; and (Former Section CZ#A314-16(E) (4)(b))
121.5.4.3The proposed development is not within a Critical Water Supply Area as designated in the General Plan. (Former Section CZ#A314-16(E)(4)(c))
121.5.4.4Report requirements may not be waived within the Coastal Zone, except that for Coastal Zone portions of Shelter Cove only, the requirements may be waived if the proposed development is within a waiver area as specified in Appendix E of the Southcoast Area Plan, and the Chief Building Official concurs. (Former Section CZ#A314-16(E)(4)(d))
- 121.5.5The required soil report may serve to meet the soil report requirement under County Code Section 326 24 where, in the opinion of the Chief Building Inspector, it contains substantially the same information and addresses the concerns that may have been identified by the Department’s field inspection. (Former Section CZ#A314-16(E)(5))
121.5.6When a report is required pursuant to the Alquist-Priolo Fault Hazard Regulations of this ordinance, it should be combined with the reports required under this part where feasible. (Former Section CZ#A314-16(E)(6))
121.6 CONTENTS OF REPORTS
121.6.1 Engineering Geologic Report. The above required engineering geologic reports, designated “R1” and “R2,” shall provide a preliminary geological reconnaissance and evaluation of the project site and surrounding terrain. The degree of analysis should be appropriate to the degree of potential risk presented by the site and the proposed project. Reports shall be prepared in accordance with the California Division of Mines and Geology (CDMG) Note #44, “Recommended Guidelines for Preparing Engineering Geologic Reports.” CDMG Notes #37, 43 and 49 shall be utilized as applicable when seismic or fault rupture hazards are identified as concerns.
In citing the CDMG Notes, it is not the intent of the County to seek lengthy dissertations on the area geology, but rather to provide uniform outlines to serve as checklists with points to be discussed as applicable. (Former Section CZ#A314-16(F)(1))
121.6.2 Preliminary Soil Engineering Report. The above required preliminary soil engineering report shall describe the nature of the subsurface soils and any soil conditions which would affect the design and/or layout of the proposed development. The report shall include the locations and logs of any test borings and percolation test results if on-site sewage disposal is proposed. The report shall recommend areas or issues of concern which require additional engineering or geologic evaluation. These reports shall be prepared in accordance with the Uniform Building Code, Appendix, Chapter 70, Excavation and Grading, and/or Chapter 29, Excavations, Foundations and Retaining Walls, as applicable. (Former Section CZ#A314-16(F)(2))
121.6.3Within the Coastal Zone, Supplementary Information for Reports for Development Located in the Coastal Zone. Within the Coastal Zone, the reports should give particular treatment and analyze the following, as applicable: (Former Section CZ#A314-16(F) (3))
121.6.3.1Historic, current and foreseeable cliff erosion, including investigation of recorded land surveys in addition to the use of historic maps and photographs where available, and possible changes in shore configuration and sand transport; (Former Section CZ#A314-16(F)(3)(a))
121.6.3.2Ground and surface water conditions and variations, including hydrologic changes caused by the development (i.e., introduction of sewage effluent and irrigation water to the ground water system, alterations in surface drainage, etc.); (Former Section CZ#A314-16(F)(3)(b))
121.6.3.3Potential erodability of site and mitigation measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design); (Former Section CZ#A314-16(F)(3)(c))
121.6.3.4Effects of marine erosion of seacliffs; (Former Section CZ#A314-16(F)(3)(d))
121.6.3.5Detailed mitigation measures or alternative solutions for avoiding potential impacts; (Former Section CZ#A314-16(F)(3)(e))
121.6.3.6Professional conclusions as to whether the project can be designed so that it will neither be subject to nor contribute to significant geologic instability throughout the life span of the project; and (Former Section CZ#A314-16(F)(3)(f))
121.6.3.7Currently acceptable engineering stability analysis method should be used. The method(s) of field analysis should be described, and the degree of uncertainty of analytical results due to assumptions and unknowns should be described. (Former Section CZ#A314-16(F)(3)(g))
Table: Geologic Hazards Land Use Matrix
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
SLOPE STABILITY ****** 0 1 23 |
LIQUEFACTION MOD. HIGH |
|---|---|---|---|---|
| Hazardous | Nuclear power plants, major dams, hazardous chemical storage |
R1 | ||
| Essential | Hospitals, fire and police stations, civil defense headquarters, |
|||
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| life line utility systems, ambulance stations |
||||
| High Risk | Schools, theaters, auditoriums, hotels, large motels, major office buildings, high density residential, redundant utility systems, major highway bridges |
|||
| Low Risk | Final map subdivisions, heavy industrial |
D | R2 | R2 |
| Multi-family structures greater than 4-plexes |
D | D | D | |
| Parcel map subdivisions |
D | D | D | |
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| Light industrial, warehousing, commercial |
D | D | D | |
| Residential structures on existing lots with footing loads greater than typical two story wood frame dwellings or residential structures with three stories or more |
D | D | D | |
| Residential wood frame structures two stories or less on existinglots |
D | D | D |
“R” Means preliminary report is required.
“D” Means preliminary report is discretionary.
“A” Within a Coastal Zone Area of Demonstration, an R2 report is report is required, and is not discretionary.
*Within the Coastal Zone an R2 report is required and is not discretionary; except as provided in subsection 313121.5.4: Report Waiver.
**As designated on the Geological Map of the Humboldt County General Plan.
121.7 DEVELOPMENT STANDARDS
121.7.1The applicant shall either provide additional information as recommended by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
d by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
121.7.2Projects shall be constructed in accordance with the currently applicable Uniform Building Code, Section 2312, Earthquake Regulations, or any successor provision, as applicable. As referred to in the Uniform Building Code (UBC), Section 2312, the seismic zone boundaries shall be defined as follows: UBC Seismic Zone 4 applies south and west of the Grogan Fault; and Zone 3 applies north and east of the Grogan Fault. (Former Section CZ#A314-16(G)(2))
121.7.3Within the Coastal Zone, the following shall also apply: (Former Section CZ#A314-16(G)(3))
121.7.3.1Developments shall be sited and designed to assure stability and structural integrity for their expected economic life spans while minimizing alteration of natural landforms; (Former Section CZ#A314-16(G)(3)(a))
121.7.3.2Bluff and cliff developments (including related storm runoff, irrigation, wastewater disposal and other activities and facilities accompanying such development) shall not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding geologically hazardous areas; (Former Section CZ#A314-16(G)(3)(b))
121.7.3.3Alteration of cliffs and bluff tops, faces, or bases by excavation or other means shall be minimized. Cliff retaining walls shall be allowed only to stabilize slopes. (Former Section CZ#A314-16(G)(3)(c)) Your Selections
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121.1 PURPOSE
The purpose of these regulations is: (Former Section CZ#A314-16(A))
121.1.1To ensure that risks to life and property in high and potentially high geologic hazard areas shall be minimized, and further, (Former Section CZ#A314-16(A))
121.1.2To assure the geologic stability and structural integrity of development, and (Former Section CZ#A314-16(A))
121.1.3To ensure that development neither creates nor contributes significantly to erosion, geologic instability or destruction of development sites or surrounding areas, or in any way requires the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. (Former Section CZ#A314-16(A))
121.2 APPLICABILITY
The Geologic Hazards Regulations shall apply throughout Humboldt County. (Former Section CZ#A314-16(B))
121.3 MODIFICATIONS IMPOSED BY GEOLOGIC HAZARDS REGULATIONS
The provisions of the Geologic Hazards Regulations shall be in addition to requirements imposed by all other Zoning Regulations. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including any conflict with the County Grading Ordinance (see, Chapter 70 of the currently applicable Uniform Building Code), the most restrictive regulations shall apply. (Former Section CZ#A314-16(C))
121.4 NATURAL HAZARDS/LAND USE RATING MATRIX
New development shall be reviewed, approved and sited in accordance with the Geologic Hazards Land Use Matrix of this section. (Former Section CZ#A314-16(D))
121.5 REPORTS REQUIRED
Engineering geologic and/or soil engineering reports shall be required according to the following schedule: (Former Section CZ#A31416(E))
121.5.1 R1 Report Requirements.
121.5.1.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R1” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(1)(a))
121.5.1.2The preliminary engineering geologic report shall be prepared by a certified engineering geologist. The preliminary soil engineering report shall be prepared by a civil engineer experienced and knowledgeable in the practice of soil engineering or by a certified engineering geologist. (Former Section CZ#A314-16(E)(1)(b))
121.5.2 R2 Report Requirements.
121.5.2.1A preliminary engineering geologic report and a preliminary soil engineering report shall be prepared for the classes of development and hazard areas indicated by an “R2” in the Geologic Hazards Land Use Matrix. (Former Section CZ#A314-16(E)(2)(a))
121.5.2.2The reports required under this subsection shall be prepared by either a registered geologist or a registered civil engineer experienced and knowledgeable in the practice of soil engineering. (Former Section CZ#A314-16(E)(2)(b))
121.5.2.3It is incumbent upon the project engineer to consult a registered geologist should it become apparent that an adequate subdivision design or structural solution requires additional geologic input. If, after preliminary investigation of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
of the project site and the surrounding terrain, no geological consultation is felt by the engineer to be required, the engineer shall provide a written statement that such an evaluation is not required. It is incumbent upon the project geologist to recommend that a soils engineer be consulted when it becomes apparent that soils mechanics analyses are needed. (Former Section CZ#A314-16(E)(2)(c))
121.5.3 Discretionary Report Requirements. The Chief Building Official shall determine if a preliminary geologic report or a preliminary soil engineering report is required for the classes of development and hazard areas indicated by a “D” (discretionary) in the Geologic Hazards Land Use Matrix. The criteria for determining whether or not a report is required when it is designated in the Geologic Hazards Land Use Matrix as discretionary include the following; however, where evaluation of items listed below is inconclusive, a statement is required by a registered engineer that a geologic or soil report is not required for the safety of the project. (Former Section CZ#A314-16(E)(3))
121.5.3.1Criteria for either type of report shall include: (Former Section CZ#A314-16(E)(3)(a))
121.5.3.1.1results of a site inspection by the building inspector; (Former Section CZ#A314-16(E)(3)(a)(i))
121.5.3.1.2geologic maps and reports covering the area; (Former Section CZ#A314-16(E)(3)(a)(ii))
121.5.3.1.3the potential for the development to affect adjacent property or improvements; (Former Section CZ#A314-16(E)(3)(a)(iii))
121.5.3.1.4the degree to which public exposure to risk may be a factor; (Former Section CZ#A314-16(E)(3)(a)(iv))
121.5.3.1.5the size and scale of the proposed development; or (Former Section CZ#A314-16(E)(3)(a)(v))
121.5.3.2A soil engineering report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(b))
121.5.3.2.1the depth (or height) of cut or fill is three (3) feet or greater; (Former Section CZ#A314-16(E)(3)(b)(i))
121.5.3.2.2the fill is to support structural footings; (Former Section CZ#A314-16(E)(3)(b)(ii))
121.5.3.2.3an engineered cut or fill is required; (Former Section CZ#A314-16(E)(3)(b)(iii))
121.5.3.2.4the soils are or may be subject to significant shrink-swell; or (Former Section CZ#A314-16(E)(3)(b)(iv))
121.5.3.2.5areas where material exists that may be subject to settlement or subsidence. (Former Section CZ#A314-16(E)(3)(b)(v))
121.5.3.3An engineering geologic report is indicated when one (1) or more of the following conditions exist or are proposed: (Former Section CZ#A314-16(E)(3)(c)(i-ix))
121.5.3.3.1finish cut or fill slope faces with vertical heights in excess of ten (10) feet;
121.5.3.3.2existing slope steeper than five (5) horizontal to one (1) vertical;
121.5.3.3.3an existing cut slope having a vertical height in excess of ten (10) feet;
121.5.3.3.4existing sea cliffs, stream bank cliffs, etc. in excess of ten (10) feet;
121.5.3.3.5existing or suspected earthquake or seismic hazards;
121.5.3.3.6existing or suspected groundwater hazards;
121.5.3.3.7areas that are underlain by landslides or soil creep or by rock material susceptible to landslide or creep activity;
121.5.3.3.8areas where materials exist that may be subject to settlement or subsidence; or
121.5.3.3.9areas subject to drifting or loose sand.
121.5.4 Report Waiver. The report requirements of subsections 121.5.1. and 121.5.2. may be waived or the contents modified by the Director when: (Former Section CZ#A314-16(E)(4))
121.5.4.1An adequate geologic and/or soil assessment at a suitable scale already exists for the site proposed for development; or (Former Section CZ#A314-16(E)(4)(a))
121.5.4.2Reports are not indicated as necessary under the criteria listed in subsection 121.5.3.1; and (Former Section CZ#A314-16(E) (4)(b))
121.5.4.3The proposed development is not within a Critical Water Supply Area as designated in the General Plan. (Former Section CZ#A314-16(E)(4)(c))
121.5.4.4Report requirements may not be waived within the Coastal Zone, except that for Coastal Zone portions of Shelter Cove only, the requirements may be waived if the proposed development is within a waiver area as specified in Appendix E of the Southcoast Area Plan, and the Chief Building Official concurs. (Former Section CZ#A314-16(E)(4)(d))
- 121.5.5The required soil report may serve to meet the soil report requirement under County Code Section 326 24 where, in the opinion of the Chief Building Inspector, it contains substantially the same information and addresses the concerns that may have been identified by the Department’s field inspection. (Former Section CZ#A314-16(E)(5))
121.5.6When a report is required pursuant to the Alquist-Priolo Fault Hazard Regulations of this ordinance, it should be combined with the reports required under this part where feasible. (Former Section CZ#A314-16(E)(6))
121.6 CONTENTS OF REPORTS
121.6.1 Engineering Geologic Report. The above required engineering geologic reports, designated “R1” and “R2,” shall provide a preliminary geological reconnaissance and evaluation of the project site and surrounding terrain. The degree of analysis should be appropriate to the degree of potential risk presented by the site and the proposed project. Reports shall be prepared in accordance with the California Division of Mines and Geology (CDMG) Note #44, “Recommended Guidelines for Preparing Engineering Geologic Reports.” CDMG Notes #37, 43 and 49 shall be utilized as applicable when seismic or fault rupture hazards are identified as concerns.
In citing the CDMG Notes, it is not the intent of the County to seek lengthy dissertations on the area geology, but rather to provide uniform outlines to serve as checklists with points to be discussed as applicable. (Former Section CZ#A314-16(F)(1))
121.6.2 Preliminary Soil Engineering Report. The above required preliminary soil engineering report shall describe the nature of the subsurface soils and any soil conditions which would affect the design and/or layout of the proposed development. The report shall include the locations and logs of any test borings and percolation test results if on-site sewage disposal is proposed. The report shall recommend areas or issues of concern which require additional engineering or geologic evaluation. These reports shall be prepared in accordance with the Uniform Building Code, Appendix, Chapter 70, Excavation and Grading, and/or Chapter 29, Excavations, Foundations and Retaining Walls, as applicable. (Former Section CZ#A314-16(F)(2))
121.6.3Within the Coastal Zone, Supplementary Information for Reports for Development Located in the Coastal Zone. Within the Coastal Zone, the reports should give particular treatment and analyze the following, as applicable: (Former Section CZ#A314-16(F) (3))
121.6.3.1Historic, current and foreseeable cliff erosion, including investigation of recorded land surveys in addition to the use of historic maps and photographs where available, and possible changes in shore configuration and sand transport; (Former Section CZ#A314-16(F)(3)(a))
121.6.3.2Ground and surface water conditions and variations, including hydrologic changes caused by the development (i.e., introduction of sewage effluent and irrigation water to the ground water system, alterations in surface drainage, etc.); (Former Section CZ#A314-16(F)(3)(b))
121.6.3.3Potential erodability of site and mitigation measures to be used to ensure minimized erosion problems during and after construction (i.e., landscaping and drainage design); (Former Section CZ#A314-16(F)(3)(c))
121.6.3.4Effects of marine erosion of seacliffs; (Former Section CZ#A314-16(F)(3)(d))
121.6.3.5Detailed mitigation measures or alternative solutions for avoiding potential impacts; (Former Section CZ#A314-16(F)(3)(e))
121.6.3.6Professional conclusions as to whether the project can be designed so that it will neither be subject to nor contribute to significant geologic instability throughout the life span of the project; and (Former Section CZ#A314-16(F)(3)(f))
121.6.3.7Currently acceptable engineering stability analysis method should be used. The method(s) of field analysis should be described, and the degree of uncertainty of analytical results due to assumptions and unknowns should be described. (Former Section CZ#A314-16(F)(3)(g))
Table: Geologic Hazards Land Use Matrix
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
SLOPE STABILITY ****** 0 1 23 |
LIQUEFACTION MOD. HIGH |
|---|---|---|---|---|
| Hazardous | Nuclear power plants, major dams, hazardous chemical storage |
R1 | ||
| Essential | Hospitals, fire and police stations, civil defense headquarters, |
|||
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| life line utility systems, ambulance stations |
||||
| High Risk | Schools, theaters, auditoriums, hotels, large motels, major office buildings, high density residential, redundant utility systems, major highway bridges |
|||
| Low Risk | Final map subdivisions, heavy industrial |
D | R2 | R2 |
| Multi-family structures greater than 4-plexes |
D | D | D | |
| Parcel map subdivisions |
D | D | D | |
| BUILDING TYPE/LAND USE |
BUILDING TYPE/LAND USE |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
EARTHQUAKE SHAKING |
| --- | --- | --- | --- | --- |
| Light industrial, warehousing, commercial |
D | D | D | |
| Residential structures on existing lots with footing loads greater than typical two story wood frame dwellings or residential structures with three stories or more |
D | D | D | |
| Residential wood frame structures two stories or less on existinglots |
D | D | D |
“R” Means preliminary report is required.
“D” Means preliminary report is discretionary.
“A” Within a Coastal Zone Area of Demonstration, an R2 report is report is required, and is not discretionary.
*Within the Coastal Zone an R2 report is required and is not discretionary; except as provided in subsection 313121.5.4: Report Waiver.
**As designated on the Geological Map of the Humboldt County General Plan.
121.7 DEVELOPMENT STANDARDS
121.7.1The applicant shall either provide additional information as recommended by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
d by the preliminary geologic and/or soils report, or modify the proposed development to avoid identified areas of potential instability. The proposed development shall be sited, designed and constructed in accordance with the recommendations of the report(s) in order to minimize risk to life and property on the project site and for any other affected properties. (Former Section CZ#A314-16(G)(1))
121.7.2Projects shall be constructed in accordance with the currently applicable Uniform Building Code, Section 2312, Earthquake Regulations, or any successor provision, as applicable. As referred to in the Uniform Building Code (UBC), Section 2312, the seismic zone boundaries shall be defined as follows: UBC Seismic Zone 4 applies south and west of the Grogan Fault; and Zone 3 applies north and east of the Grogan Fault. (Former Section CZ#A314-16(G)(2))
121.7.3Within the Coastal Zone, the following shall also apply: (Former Section CZ#A314-16(G)(3))
121.7.3.1Developments shall be sited and designed to assure stability and structural integrity for their expected economic life spans while minimizing alteration of natural landforms; (Former Section CZ#A314-16(G)(3)(a))
121.7.3.2Bluff and cliff developments (including related storm runoff, irrigation, wastewater disposal and other activities and facilities accompanying such development) shall not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding geologically hazardous areas; (Former Section CZ#A314-16(G)(3)(b))
121.7.3.3Alteration of cliffs and bluff tops, faces, or bases by excavation or other means shall be minimized. Cliff retaining walls shall be allowed only to stabilize slopes. (Former Section CZ#A314-16(G)(3)(c)) Your Selections
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122.1 PURPOSE
The purpose of these provisions is to establish standards for developments on land which includes natural drainage courses to ensure that adverse effects on drainage and water quality are minimized. (Former Section CZ#A314-23(A))
122.2 APPLICABILITY
These regulations shall apply to all development in the Coastal Zone and located near natural drainage courses or with off-site facilities such as access roads and storm drainage, including but not limited to, utilities which are located near natural drainage courses. (Former Section CZ#A314-23(B))
122.3 REQUIRED MITIGATION
Developments which will have an effect on natural drainage courses shall be required to include the following mitigation: (Former Section CZ#A314-23(C))
122.3.1The discharge from stormwater outfalls, culverts, gutters and the like, shall be dissipated, and, where feasible, screened. (Former Section CZ#A314-23(C)(1))
122.3.2Natural vegetation, within and immediately adjacent to the bankfull channel, shall be maintained except for removal consistent with the provisions of the Streams and Riparian Corridors Protection Regulations. (Former Section CZ#A314-23(C)(2))
122.4 REQUIRED FINDINGS
Development lands having a potential impact on natural drainage courses shall be approved only if the applicable Resources Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-23(D))
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122.1 PURPOSE
The purpose of these provisions is to establish standards for developments on land which includes natural drainage courses to ensure that adverse effects on drainage and water quality are minimized. (Former Section CZ#A314-23(A))
122.2 APPLICABILITY
These regulations shall apply to all development in the Coastal Zone and located near natural drainage courses or with off-site facilities such as access roads and storm drainage, including but not limited to, utilities which are located near natural drainage courses. (Former Section CZ#A314-23(B))
122.3 REQUIRED MITIGATION
Developments which will have an effect on natural drainage courses shall be required to include the following mitigation: (Former Section CZ#A314-23(C))
122.3.1The discharge from stormwater outfalls, culverts, gutters and the like, shall be dissipated, and, where feasible, screened. (Former Section CZ#A314-23(C)(1))
122.3.2Natural vegetation, within and immediately adjacent to the bankfull channel, shall be maintained except for removal consistent with the provisions of the Streams and Riparian Corridors Protection Regulations. (Former Section CZ#A314-23(C)(2))
122.4 REQUIRED FINDINGS
Development lands having a potential impact on natural drainage courses shall be approved only if the applicable Resources Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-23(D))
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122.1 PURPOSE
The purpose of these provisions is to establish standards for developments on land which includes natural drainage courses to ensure that adverse effects on drainage and water quality are minimized. (Former Section CZ#A314-23(A))
122.2 APPLICABILITY
These regulations shall apply to all development in the Coastal Zone and located near natural drainage courses or with off-site facilities such as access roads and storm drainage, including but not limited to, utilities which are located near natural drainage courses. (Former Section CZ#A314-23(B))
122.3 REQUIRED MITIGATION
Developments which will have an effect on natural drainage courses shall be required to include the following mitigation: (Former Section CZ#A314-23(C))
122.3.1The discharge from stormwater outfalls, culverts, gutters and the like, shall be dissipated, and, where feasible, screened. (Former Section CZ#A314-23(C)(1))
122.3.2Natural vegetation, within and immediately adjacent to the bankfull channel, shall be maintained except for removal consistent with the provisions of the Streams and Riparian Corridors Protection Regulations. (Former Section CZ#A314-23(C)(2))
122.4 REQUIRED FINDINGS
Development lands having a potential impact on natural drainage courses shall be approved only if the applicable Resources Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-23(D))
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122.1 PURPOSE
The purpose of these provisions is to establish standards for developments on land which includes natural drainage courses to ensure that adverse effects on drainage and water quality are minimized. (Former Section CZ#A314-23(A))
122.2 APPLICABILITY
These regulations shall apply to all development in the Coastal Zone and located near natural drainage courses or with off-site facilities such as access roads and storm drainage, including but not limited to, utilities which are located near natural drainage courses. (Former Section CZ#A314-23(B))
122.3 REQUIRED MITIGATION
Developments which will have an effect on natural drainage courses shall be required to include the following mitigation: (Former Section CZ#A314-23(C))
122.3.1The discharge from stormwater outfalls, culverts, gutters and the like, shall be dissipated, and, where feasible, screened. (Former Section CZ#A314-23(C)(1))
122.3.2Natural vegetation, within and immediately adjacent to the bankfull channel, shall be maintained except for removal consistent with the provisions of the Streams and Riparian Corridors Protection Regulations. (Former Section CZ#A314-23(C)(2))
122.4 REQUIRED FINDINGS
Development lands having a potential impact on natural drainage courses shall be approved only if the applicable Resources Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-23(D))
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122.1 PURPOSE
The purpose of these provisions is to establish standards for developments on land which includes natural drainage courses to ensure that adverse effects on drainage and water quality are minimized. (Former Section CZ#A314-23(A))
122.2 APPLICABILITY
These regulations shall apply to all development in the Coastal Zone and located near natural drainage courses or with off-site facilities such as access roads and storm drainage, including but not limited to, utilities which are located near natural drainage courses. (Former Section CZ#A314-23(B))
122.3 REQUIRED MITIGATION
Developments which will have an effect on natural drainage courses shall be required to include the following mitigation: (Former Section CZ#A314-23(C))
122.3.1The discharge from stormwater outfalls, culverts, gutters and the like, shall be dissipated, and, where feasible, screened. (Former Section CZ#A314-23(C)(1))
122.3.2Natural vegetation, within and immediately adjacent to the bankfull channel, shall be maintained except for removal consistent with the provisions of the Streams and Riparian Corridors Protection Regulations. (Former Section CZ#A314-23(C)(2))
122.4 REQUIRED FINDINGS
Development lands having a potential impact on natural drainage courses shall be approved only if the applicable Resources Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-23(D))
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123.1 PURPOSE
The purpose of these regulations is to ensure that coastal natural landforms shall suffer the minimum disturbance, to the extent feasible, as a result of any new development. (Former Section CZ#A314-24(A))
123.2 APPLICABILITY
These regulations shall apply to all lands proposed for development within the County’s Coastal Zone, if the lands contain natural features as listed in the Land Use Plans or contain significant natural contours, including slopes, visible contours of hilltops, bluffs, and rock outcroppings. Applicability of these regulations to particular sites shall be determined by the Director, on a case-by-case basis, upon submission of development permit applications and based upon the purposes and policies of the Land Use Plans. (Former Section CZ#A314-24(B))
123.3 MODIFICATIONS IMPOSED BY COASTAL NATURAL LANDFORMS PROTECTION REGULATIONS
These provisions shall be in addition to any other regulations imposed by this division. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including conflicts with the County Grading Ordinance (see the most recently effective provisions of the Uniform Building Code, and any other adopted County Grading Ordinance), the most restrictive regulation shall apply. (Former Section CZ#A314-24(C))
123.4 REQUIRED MITIGATION
The following mitigation measures shall be applied to development on lands containing natural landforms: (Former Section CZ#A31424(D))
123.4.1Where development is permitted, including the alteration of natural landforms during construction, mineral extraction, or other approved development, the topography shall be restored to as close to the pre-development natural contours as possible, and the affected area planted with attractive vegetation common to the region; (Former Section CZ#A314-24(D)(1))
123.4.2In permitted development, landform alteration for access roads and public utilities shall be minimized by: (Former Section CZ#A314-24(D)(2))
123.4.2.1Running hillside roads and utility corridors along natural contours, where feasible; (Former Section CZ#A314-24(D)(2)(a))
123.4.2.2In order to keep hillside roads as narrow as possible, the minimum street width requirements may be waived provided such reductions are consistent with public safety. (Former Section CZ#A314-24(D)(2)(b))
123.5 REQUIRED FINDINGS
Projects including natural landforms shall be approved only if the applicable Resource Protection Impact Findings of Chapter 2, - Procedures, Supplemental Findings (312 39), are made. (Former Section CZ#A314-24(E))
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123.1 PURPOSE
The purpose of these regulations is to ensure that coastal natural landforms shall suffer the minimum disturbance, to the extent feasible, as a result of any new development. (Former Section CZ#A314-24(A))
123.2 APPLICABILITY
These regulations shall apply to all lands proposed for development within the County’s Coastal Zone, if the lands contain natural features as listed in the Land Use Plans or contain significant natural contours, including slopes, visible contours of hilltops, bluffs, and rock outcroppings. Applicability of these regulations to particular sites shall be determined by the Director, on a case-by-case basis, upon submission of development permit applications and based upon the purposes and policies of the Land Use Plans. (Former Section CZ#A314-24(B))
123.3 MODIFICATIONS IMPOSED BY COASTAL NATURAL LANDFORMS PROTECTION REGULATIONS
These provisions shall be in addition to any other regulations imposed by this division. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including conflicts with the County Grading Ordinance (see the most recently effective provisions of the Uniform Building Code, and any other adopted County Grading Ordinance), the most restrictive regulation shall apply. (Former Section CZ#A314-24(C))
123.4 REQUIRED MITIGATION
The following mitigation measures shall be applied to development on lands containing natural landforms: (Former Section CZ#A31424(D))
123.4.1Where development is permitted, including the alteration of natural landforms during construction, mineral extraction, or other approved development, the topography shall be restored to as close to the pre-development natural contours as possible, and the affected area planted with attractive vegetation common to the region; (Former Section CZ#A314-24(D)(1))
123.4.2In permitted development, landform alteration for access roads and public utilities shall be minimized by: (Former Section CZ#A314-24(D)(2))
123.4.2.1Running hillside roads and utility corridors along natural contours, where feasible; (Former Section CZ#A314-24(D)(2)(a))
123.4.2.2In order to keep hillside roads as narrow as possible, the minimum street width requirements may be waived provided such reductions are consistent with public safety. (Former Section CZ#A314-24(D)(2)(b))
123.5 REQUIRED FINDINGS
Projects including natural landforms shall be approved only if the applicable Resource Protection Impact Findings of Chapter 2, - Procedures, Supplemental Findings (312 39), are made. (Former Section CZ#A314-24(E))
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123.1 PURPOSE
The purpose of these regulations is to ensure that coastal natural landforms shall suffer the minimum disturbance, to the extent feasible, as a result of any new development. (Former Section CZ#A314-24(A))
123.2 APPLICABILITY
These regulations shall apply to all lands proposed for development within the County’s Coastal Zone, if the lands contain natural features as listed in the Land Use Plans or contain significant natural contours, including slopes, visible contours of hilltops, bluffs, and rock outcroppings. Applicability of these regulations to particular sites shall be determined by the Director, on a case-by-case basis, upon submission of development permit applications and based upon the purposes and policies of the Land Use Plans. (Former Section CZ#A314-24(B))
123.3 MODIFICATIONS IMPOSED BY COASTAL NATURAL LANDFORMS PROTECTION REGULATIONS
These provisions shall be in addition to any other regulations imposed by this division. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including conflicts with the County Grading Ordinance (see the most recently effective provisions of the Uniform Building Code, and any other adopted County Grading Ordinance), the most restrictive regulation shall apply. (Former Section CZ#A314-24(C))
123.4 REQUIRED MITIGATION
The following mitigation measures shall be applied to development on lands containing natural landforms: (Former Section CZ#A31424(D))
123.4.1Where development is permitted, including the alteration of natural landforms during construction, mineral extraction, or other approved development, the topography shall be restored to as close to the pre-development natural contours as possible, and the affected area planted with attractive vegetation common to the region; (Former Section CZ#A314-24(D)(1))
123.4.2In permitted development, landform alteration for access roads and public utilities shall be minimized by: (Former Section CZ#A314-24(D)(2))
123.4.2.1Running hillside roads and utility corridors along natural contours, where feasible; (Former Section CZ#A314-24(D)(2)(a))
123.4.2.2In order to keep hillside roads as narrow as possible, the minimum street width requirements may be waived provided such reductions are consistent with public safety. (Former Section CZ#A314-24(D)(2)(b))
123.5 REQUIRED FINDINGS
Projects including natural landforms shall be approved only if the applicable Resource Protection Impact Findings of Chapter 2, - Procedures, Supplemental Findings (312 39), are made. (Former Section CZ#A314-24(E))
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123.1 PURPOSE
The purpose of these regulations is to ensure that coastal natural landforms shall suffer the minimum disturbance, to the extent feasible, as a result of any new development. (Former Section CZ#A314-24(A))
123.2 APPLICABILITY
These regulations shall apply to all lands proposed for development within the County’s Coastal Zone, if the lands contain natural features as listed in the Land Use Plans or contain significant natural contours, including slopes, visible contours of hilltops, bluffs, and rock outcroppings. Applicability of these regulations to particular sites shall be determined by the Director, on a case-by-case basis, upon submission of development permit applications and based upon the purposes and policies of the Land Use Plans. (Former Section CZ#A314-24(B))
123.3 MODIFICATIONS IMPOSED BY COASTAL NATURAL LANDFORMS PROTECTION REGULATIONS
These provisions shall be in addition to any other regulations imposed by this division. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including conflicts with the County Grading Ordinance (see the most recently effective provisions of the Uniform Building Code, and any other adopted County Grading Ordinance), the most restrictive regulation shall apply. (Former Section CZ#A314-24(C))
123.4 REQUIRED MITIGATION
The following mitigation measures shall be applied to development on lands containing natural landforms: (Former Section CZ#A31424(D))
123.4.1Where development is permitted, including the alteration of natural landforms during construction, mineral extraction, or other approved development, the topography shall be restored to as close to the pre-development natural contours as possible, and the affected area planted with attractive vegetation common to the region; (Former Section CZ#A314-24(D)(1))
123.4.2In permitted development, landform alteration for access roads and public utilities shall be minimized by: (Former Section CZ#A314-24(D)(2))
123.4.2.1Running hillside roads and utility corridors along natural contours, where feasible; (Former Section CZ#A314-24(D)(2)(a))
123.4.2.2In order to keep hillside roads as narrow as possible, the minimum street width requirements may be waived provided such reductions are consistent with public safety. (Former Section CZ#A314-24(D)(2)(b))
123.5 REQUIRED FINDINGS
Projects including natural landforms shall be approved only if the applicable Resource Protection Impact Findings of Chapter 2, - Procedures, Supplemental Findings (312 39), are made. (Former Section CZ#A314-24(E))
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123.1 PURPOSE
The purpose of these regulations is to ensure that coastal natural landforms shall suffer the minimum disturbance, to the extent feasible, as a result of any new development. (Former Section CZ#A314-24(A))
123.2 APPLICABILITY
These regulations shall apply to all lands proposed for development within the County’s Coastal Zone, if the lands contain natural features as listed in the Land Use Plans or contain significant natural contours, including slopes, visible contours of hilltops, bluffs, and rock outcroppings. Applicability of these regulations to particular sites shall be determined by the Director, on a case-by-case basis, upon submission of development permit applications and based upon the purposes and policies of the Land Use Plans. (Former Section CZ#A314-24(B))
123.3 MODIFICATIONS IMPOSED BY COASTAL NATURAL LANDFORMS PROTECTION REGULATIONS
These provisions shall be in addition to any other regulations imposed by this division. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including conflicts with the County Grading Ordinance (see the most recently effective provisions of the Uniform Building Code, and any other adopted County Grading Ordinance), the most restrictive regulation shall apply. (Former Section CZ#A314-24(C))
123.4 REQUIRED MITIGATION
The following mitigation measures shall be applied to development on lands containing natural landforms: (Former Section CZ#A31424(D))
123.4.1Where development is permitted, including the alteration of natural landforms during construction, mineral extraction, or other approved development, the topography shall be restored to as close to the pre-development natural contours as possible, and the affected area planted with attractive vegetation common to the region; (Former Section CZ#A314-24(D)(1))
123.4.2In permitted development, landform alteration for access roads and public utilities shall be minimized by: (Former Section CZ#A314-24(D)(2))
123.4.2.1Running hillside roads and utility corridors along natural contours, where feasible; (Former Section CZ#A314-24(D)(2)(a))
123.4.2.2In order to keep hillside roads as narrow as possible, the minimum street width requirements may be waived provided such reductions are consistent with public safety. (Former Section CZ#A314-24(D)(2)(b))
123.5 REQUIRED FINDINGS
Projects including natural landforms shall be approved only if the applicable Resource Protection Impact Findings of Chapter 2, - Procedures, Supplemental Findings (312 39), are made. (Former Section CZ#A314-24(E))
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123.1 PURPOSE
The purpose of these regulations is to ensure that coastal natural landforms shall suffer the minimum disturbance, to the extent feasible, as a result of any new development. (Former Section CZ#A314-24(A))
123.2 APPLICABILITY
These regulations shall apply to all lands proposed for development within the County’s Coastal Zone, if the lands contain natural features as listed in the Land Use Plans or contain significant natural contours, including slopes, visible contours of hilltops, bluffs, and rock outcroppings. Applicability of these regulations to particular sites shall be determined by the Director, on a case-by-case basis, upon submission of development permit applications and based upon the purposes and policies of the Land Use Plans. (Former Section CZ#A314-24(B))
123.3 MODIFICATIONS IMPOSED BY COASTAL NATURAL LANDFORMS PROTECTION REGULATIONS
These provisions shall be in addition to any other regulations imposed by this division. Whenever the provisions of these regulations conflict with or are inconsistent in application with any other regulations, including conflicts with the County Grading Ordinance (see the most recently effective provisions of the Uniform Building Code, and any other adopted County Grading Ordinance), the most restrictive regulation shall apply. (Former Section CZ#A314-24(C))
123.4 REQUIRED MITIGATION
The following mitigation measures shall be applied to development on lands containing natural landforms: (Former Section CZ#A31424(D))
123.4.1Where development is permitted, including the alteration of natural landforms during construction, mineral extraction, or other approved development, the topography shall be restored to as close to the pre-development natural contours as possible, and the affected area planted with attractive vegetation common to the region; (Former Section CZ#A314-24(D)(1))
123.4.2In permitted development, landform alteration for access roads and public utilities shall be minimized by: (Former Section CZ#A314-24(D)(2))
123.4.2.1Running hillside roads and utility corridors along natural contours, where feasible; (Former Section CZ#A314-24(D)(2)(a))
123.4.2.2In order to keep hillside roads as narrow as possible, the minimum street width requirements may be waived provided such reductions are consistent with public safety. (Former Section CZ#A314-24(D)(2)(b))
123.5 REQUIRED FINDINGS
Projects including natural landforms shall be approved only if the applicable Resource Protection Impact Findings of Chapter 2, - Procedures, Supplemental Findings (312 39), are made. (Former Section CZ#A314-24(E))
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124.1 PURPOSE
The purpose of these regulations is to provide that new development not cause the reduction of stream flows below the minimum levels required to protect any identified fish habitat. (Former Section CZ#A314-38(A))
124.2 APPLICATION
The provisions of these regulations shall apply to new development which is proposed to be supported by water withdrawn from any anadromous fish stream. (Former Section CZ#A314-38(B))
124.3 LIMITATION OF DEVELOPMENT DEPENDENT UPON WATER WITHDRAWALS
Development which is proposed to be supported by water withdrawn from an anadromous fish stream shall be permitted only if such withdrawals will not have a significant impact on in-stream flow regimes and coastal resources. Such developments shall, overall, maintain in-basin beneficial uses of water, enhance in-stream beneficial uses of water, where feasible, and prevent significant adverse effects upon coastal resources. (Former Section CZ#A314-38(C))
124.4 REQUIRED FINDINGS
Development dependent upon water withdrawn from anadromous streams shall be approved only if the Resource Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-38(D))
124.5 REQUIRED MITIGATION
Development dependent upon water withdrawals from anadromous fish streams shall at a minimum, incorporate the following mitigation measures: (Former Section CZ#A314-38(E))
124.5.1Minimum stream flows necessary to protect the anadromous stream population shall be maintained; (Former Section CZ#A314-38(E)(1))
124.5.2The timing of water withdrawals will not cause stream flows to fall below minimum levels required for the habitat. (Former Section CZ#A314-38(E)(2))
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124.1 PURPOSE
The purpose of these regulations is to provide that new development not cause the reduction of stream flows below the minimum levels required to protect any identified fish habitat. (Former Section CZ#A314-38(A))
124.2 APPLICATION
The provisions of these regulations shall apply to new development which is proposed to be supported by water withdrawn from any anadromous fish stream. (Former Section CZ#A314-38(B))
124.3 LIMITATION OF DEVELOPMENT DEPENDENT UPON WATER WITHDRAWALS
Development which is proposed to be supported by water withdrawn from an anadromous fish stream shall be permitted only if such withdrawals will not have a significant impact on in-stream flow regimes and coastal resources. Such developments shall, overall, maintain in-basin beneficial uses of water, enhance in-stream beneficial uses of water, where feasible, and prevent significant adverse effects upon coastal resources. (Former Section CZ#A314-38(C))
124.4 REQUIRED FINDINGS
Development dependent upon water withdrawn from anadromous streams shall be approved only if the Resource Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-38(D))
124.5 REQUIRED MITIGATION
Development dependent upon water withdrawals from anadromous fish streams shall at a minimum, incorporate the following mitigation measures: (Former Section CZ#A314-38(E))
124.5.1Minimum stream flows necessary to protect the anadromous stream population shall be maintained; (Former Section CZ#A314-38(E)(1))
124.5.2The timing of water withdrawals will not cause stream flows to fall below minimum levels required for the habitat. (Former Section CZ#A314-38(E)(2))
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124.1 PURPOSE
The purpose of these regulations is to provide that new development not cause the reduction of stream flows below the minimum levels required to protect any identified fish habitat. (Former Section CZ#A314-38(A))
124.2 APPLICATION
The provisions of these regulations shall apply to new development which is proposed to be supported by water withdrawn from any anadromous fish stream. (Former Section CZ#A314-38(B))
124.3 LIMITATION OF DEVELOPMENT DEPENDENT UPON WATER WITHDRAWALS
Development which is proposed to be supported by water withdrawn from an anadromous fish stream shall be permitted only if such withdrawals will not have a significant impact on in-stream flow regimes and coastal resources. Such developments shall, overall, maintain in-basin beneficial uses of water, enhance in-stream beneficial uses of water, where feasible, and prevent significant adverse effects upon coastal resources. (Former Section CZ#A314-38(C))
124.4 REQUIRED FINDINGS
Development dependent upon water withdrawn from anadromous streams shall be approved only if the Resource Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-38(D))
124.5 REQUIRED MITIGATION
Development dependent upon water withdrawals from anadromous fish streams shall at a minimum, incorporate the following mitigation measures: (Former Section CZ#A314-38(E))
124.5.1Minimum stream flows necessary to protect the anadromous stream population shall be maintained; (Former Section CZ#A314-38(E)(1))
124.5.2The timing of water withdrawals will not cause stream flows to fall below minimum levels required for the habitat. (Former Section CZ#A314-38(E)(2))
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124.1 PURPOSE
The purpose of these regulations is to provide that new development not cause the reduction of stream flows below the minimum levels required to protect any identified fish habitat. (Former Section CZ#A314-38(A))
124.2 APPLICATION
The provisions of these regulations shall apply to new development which is proposed to be supported by water withdrawn from any anadromous fish stream. (Former Section CZ#A314-38(B))
124.3 LIMITATION OF DEVELOPMENT DEPENDENT UPON WATER WITHDRAWALS
Development which is proposed to be supported by water withdrawn from an anadromous fish stream shall be permitted only if such withdrawals will not have a significant impact on in-stream flow regimes and coastal resources. Such developments shall, overall, maintain in-basin beneficial uses of water, enhance in-stream beneficial uses of water, where feasible, and prevent significant adverse effects upon coastal resources. (Former Section CZ#A314-38(C))
124.4 REQUIRED FINDINGS
Development dependent upon water withdrawn from anadromous streams shall be approved only if the Resource Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-38(D))
124.5 REQUIRED MITIGATION
Development dependent upon water withdrawals from anadromous fish streams shall at a minimum, incorporate the following mitigation measures: (Former Section CZ#A314-38(E))
124.5.1Minimum stream flows necessary to protect the anadromous stream population shall be maintained; (Former Section CZ#A314-38(E)(1))
124.5.2The timing of water withdrawals will not cause stream flows to fall below minimum levels required for the habitat. (Former Section CZ#A314-38(E)(2))
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124.1 PURPOSE
The purpose of these regulations is to provide that new development not cause the reduction of stream flows below the minimum levels required to protect any identified fish habitat. (Former Section CZ#A314-38(A))
124.2 APPLICATION
The provisions of these regulations shall apply to new development which is proposed to be supported by water withdrawn from any anadromous fish stream. (Former Section CZ#A314-38(B))
124.3 LIMITATION OF DEVELOPMENT DEPENDENT UPON WATER WITHDRAWALS
Development which is proposed to be supported by water withdrawn from an anadromous fish stream shall be permitted only if such withdrawals will not have a significant impact on in-stream flow regimes and coastal resources. Such developments shall, overall, maintain in-basin beneficial uses of water, enhance in-stream beneficial uses of water, where feasible, and prevent significant adverse effects upon coastal resources. (Former Section CZ#A314-38(C))
124.4 REQUIRED FINDINGS
Development dependent upon water withdrawn from anadromous streams shall be approved only if the Resource Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-38(D))
124.5 REQUIRED MITIGATION
Development dependent upon water withdrawals from anadromous fish streams shall at a minimum, incorporate the following mitigation measures: (Former Section CZ#A314-38(E))
124.5.1Minimum stream flows necessary to protect the anadromous stream population shall be maintained; (Former Section CZ#A314-38(E)(1))
124.5.2The timing of water withdrawals will not cause stream flows to fall below minimum levels required for the habitat. (Former Section CZ#A314-38(E)(2))
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124.1 PURPOSE
The purpose of these regulations is to provide that new development not cause the reduction of stream flows below the minimum levels required to protect any identified fish habitat. (Former Section CZ#A314-38(A))
124.2 APPLICATION
The provisions of these regulations shall apply to new development which is proposed to be supported by water withdrawn from any anadromous fish stream. (Former Section CZ#A314-38(B))
124.3 LIMITATION OF DEVELOPMENT DEPENDENT UPON WATER WITHDRAWALS
Development which is proposed to be supported by water withdrawn from an anadromous fish stream shall be permitted only if such withdrawals will not have a significant impact on in-stream flow regimes and coastal resources. Such developments shall, overall, maintain in-basin beneficial uses of water, enhance in-stream beneficial uses of water, where feasible, and prevent significant adverse effects upon coastal resources. (Former Section CZ#A314-38(C))
124.4 REQUIRED FINDINGS
Development dependent upon water withdrawn from anadromous streams shall be approved only if the Resource Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-38(D))
124.5 REQUIRED MITIGATION
Development dependent upon water withdrawals from anadromous fish streams shall at a minimum, incorporate the following mitigation measures: (Former Section CZ#A314-38(E))
124.5.1Minimum stream flows necessary to protect the anadromous stream population shall be maintained; (Former Section CZ#A314-38(E)(1))
124.5.2The timing of water withdrawals will not cause stream flows to fall below minimum levels required for the habitat. (Former Section CZ#A314-38(E)(2))
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125.1 PURPOSE
The purpose of these regulations is to ensure that any development permitted in lands adjacent to coastal wetlands will not degrade the wetland and detract from its natural resource value, and will incorporate such features into the development site design without significant impact. (Former Section CZ#A314-10(A))
125.2 APPLICATION OF THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall apply in the Coastal Zone to lands identified as meeting the definition for Wetland Buffer Areas in subsection 313-125.5, on a case-by-case basis, in accordance with the setback provisions of subsection 313-125.7. (Former Section CZ#A314-10(B))
125.3 MODIFICATIONS IMPOSED BY THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall be in addition to regulations imposed by the principal zone development regulations, Special Area Combining Zone regulations, and other general regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most restrictive regulations most protective of wetland resources shall apply. (Former Section CZ#A314-10(C))
125.4 CONSULTATION WITH DEPARTMENT OF FISH AND GAME
The County shall request the California Department of Fish and Game to review development plans proposed within coastal wetland buffer areas, and to recommend, within ten (10) working days of the request, measures to mitigate disturbance of habitats. (Former Section CZ#A314-10(D))
125.5 DEFINITIONS
Wetland buffer areas shall be defined as: (Former Section CZ#A314-10(E))
125.5.1The area between a wetland and the nearest paved road or the forty (40) foot contour line (as determined from the 7.5-minute USGS contour maps), whichever is the shortest distance; or (Former Section CZ#A314-10(E)(a))
125.5.2250 feet from the wetland, where the nearest paved road or forty (40) foot contour exceed this distance. (Former Section CZ#A314-10(E)(b))
125.5.3Transitional Agricultural Lands zoned AE are excluded from the wetland buffer. (Former Section CZ#A314-10(E)(c))
125.6 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS
The following uses and developments may be permitted anywhere within Coastal Wetland Buffer Areas: (Former Section CZ#A31410(F))
125.6.1Uses permitted in the NR - Natural Resources Zone; (Former Section CZ#A314-10(F)(1))
125.6.2Uses permitted in the Transitional Agricultural Land Regulations; (Former Section CZ#A314-10(F)(2))
125.6.3Uses permitted in the Coastal Wetland Regulations; and (Former Section CZ#A314-10(F)(3))
125.6.4Wells in rural areas. (Former Section CZ#A314-10(F)(4))
125.7 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS WITH SUPPLEMENTAL SETBACK
Developments not listed as permitted uses within subsection 313-125.6 may be permitted if they maintain the following setbacks from the boundary of the wetland: (Former Section CZ#A314-10(G))
125.7.1Within an urban limit line: the setback from the boundaries of the wetland shall be either 100 feet or the average setback of existing development immediately adjacent as determined by the “stringline method” as described in the definitions in this Chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section CZ#A314-10(G)(1))
125.7.2Outside an urban limit line: The setback shall be between 100 and 200 feet, depending upon the size and sensitivity of the wetland, drainage boundaries, vegetation, adjacent uses, and the potential impacts of the project on the wetland habitat values. The precise width of the setback shall be sufficient to prevent significant effects to the wetland. (Former Section CZ#A314-10(G)(2))
125.7.3Reduction of Required Setback: In both urban and rural areas, setbacks of less than the distance specified in this section may be permitted only when: (Former Section CZ#A314-10(G)(3))
125.7.3.1The applicant for the proposed development demonstrates, to the satisfaction of the County, that a setback of less than the distance specified will not result in significant adverse impacts to the wetland habitat and will be compatible with the continuance of such habitats. (Former Section CZ#A314-10(G)(3)(a))
125.7.3.2Any such reduction in development setback may require mitigation measures, in addition to those specified below, to ensure new development does not adversely affect the wetland habitat values. (Former Section CZ#A314-10(G)(3)(b))
125.8 REQUIRED FINDINGS
Development within Coastal Wetland Buffer Areas shall be permitted only if the applicable Resource Protection Impact Findings in - Chapter 2, Procedures, Supplemental Findings (312 39.15), are made. (Former Section CZ#A314-10(H))
125.9 REQUIRED MITIGATION
All development permitted within wetland buffer areas shall be required to include the following mitigation measures: (Former Section CZ#A314-10(I))
125.9.1Coverage of the lot or parcel with impervious surfaces shall not exceed twenty-five percent (25%) of the total lot area; (Former Section CZ#A314-10(I)(1))
125.9.2The release rate of stormwater runoff to adjacent wetlands shall not exceed the natural rate of stormwater runoff for a 50-year storm of 10-minute duration; (Former Section CZ#A314-10(I)(2))
125.9.3Stormwater outfalls, culverts, gutters, and the like, shall be dissipated, and where feasible, screened; (Former Section CZ#A31410(I)(3))
125.9.4Areas disturbed during construction, grading, etc., within 100 feet of the boundary of the wetland shall be restored to original contours and sufficiently and promptly replanted with vegetation naturally occurring in the immediate area; (Former Section CZ#A314-10(I)(4))
125.9.5Development and construction shall minimize cut-and-fill operations and erosion and sedimentation potential through construction of temporary and permanent sediment basins, seeding or planting bare soil, diversion of runoff away from grading areas and areas heavily used during construction, and, when feasible, avoidance of grading during the rainy season (November through April). (Former Section CZ#A314-10(I)(5))
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125.1 PURPOSE
The purpose of these regulations is to ensure that any development permitted in lands adjacent to coastal wetlands will not degrade the wetland and detract from its natural resource value, and will incorporate such features into the development site design without significant impact. (Former Section CZ#A314-10(A))
125.2 APPLICATION OF THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall apply in the Coastal Zone to lands identified as meeting the definition for Wetland Buffer Areas in subsection 313-125.5, on a case-by-case basis, in accordance with the setback provisions of subsection 313-125.7. (Former Section CZ#A314-10(B))
125.3 MODIFICATIONS IMPOSED BY THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall be in addition to regulations imposed by the principal zone development regulations, Special Area Combining Zone regulations, and other general regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most restrictive regulations most protective of wetland resources shall apply. (Former Section CZ#A314-10(C))
125.4 CONSULTATION WITH DEPARTMENT OF FISH AND GAME
The County shall request the California Department of Fish and Game to review development plans proposed within coastal wetland buffer areas, and to recommend, within ten (10) working days of the request, measures to mitigate disturbance of habitats. (Former Section CZ#A314-10(D))
125.5 DEFINITIONS
Wetland buffer areas shall be defined as: (Former Section CZ#A314-10(E))
125.5.1The area between a wetland and the nearest paved road or the forty (40) foot contour line (as determined from the 7.5-minute USGS contour maps), whichever is the shortest distance; or (Former Section CZ#A314-10(E)(a))
125.5.2250 feet from the wetland, where the nearest paved road or forty (40) foot contour exceed this distance. (Former Section CZ#A314-10(E)(b))
125.5.3Transitional Agricultural Lands zoned AE are excluded from the wetland buffer. (Former Section CZ#A314-10(E)(c))
125.6 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS
The following uses and developments may be permitted anywhere within Coastal Wetland Buffer Areas: (Former Section CZ#A31410(F))
125.6.1Uses permitted in the NR - Natural Resources Zone; (Former Section CZ#A314-10(F)(1))
125.6.2Uses permitted in the Transitional Agricultural Land Regulations; (Former Section CZ#A314-10(F)(2))
125.6.3Uses permitted in the Coastal Wetland Regulations; and (Former Section CZ#A314-10(F)(3))
125.6.4Wells in rural areas. (Former Section CZ#A314-10(F)(4))
125.7 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS WITH SUPPLEMENTAL SETBACK
Developments not listed as permitted uses within subsection 313-125.6 may be permitted if they maintain the following setbacks from the boundary of the wetland: (Former Section CZ#A314-10(G))
125.7.1Within an urban limit line: the setback from the boundaries of the wetland shall be either 100 feet or the average setback of existing development immediately adjacent as determined by the “stringline method” as described in the definitions in this Chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section CZ#A314-10(G)(1))
125.7.2Outside an urban limit line: The setback shall be between 100 and 200 feet, depending upon the size and sensitivity of the wetland, drainage boundaries, vegetation, adjacent uses, and the potential impacts of the project on the wetland habitat values. The precise width of the setback shall be sufficient to prevent significant effects to the wetland. (Former Section CZ#A314-10(G)(2))
125.7.3Reduction of Required Setback: In both urban and rural areas, setbacks of less than the distance specified in this section may be permitted only when: (Former Section CZ#A314-10(G)(3))
125.7.3.1The applicant for the proposed development demonstrates, to the satisfaction of the County, that a setback of less than the distance specified will not result in significant adverse impacts to the wetland habitat and will be compatible with the continuance of such habitats. (Former Section CZ#A314-10(G)(3)(a))
125.7.3.2Any such reduction in development setback may require mitigation measures, in addition to those specified below, to ensure new development does not adversely affect the wetland habitat values. (Former Section CZ#A314-10(G)(3)(b))
125.8 REQUIRED FINDINGS
Development within Coastal Wetland Buffer Areas shall be permitted only if the applicable Resource Protection Impact Findings in - Chapter 2, Procedures, Supplemental Findings (312 39.15), are made. (Former Section CZ#A314-10(H))
125.9 REQUIRED MITIGATION
All development permitted within wetland buffer areas shall be required to include the following mitigation measures: (Former Section CZ#A314-10(I))
125.9.1Coverage of the lot or parcel with impervious surfaces shall not exceed twenty-five percent (25%) of the total lot area; (Former Section CZ#A314-10(I)(1))
125.9.2The release rate of stormwater runoff to adjacent wetlands shall not exceed the natural rate of stormwater runoff for a 50-year storm of 10-minute duration; (Former Section CZ#A314-10(I)(2))
125.9.3Stormwater outfalls, culverts, gutters, and the like, shall be dissipated, and where feasible, screened; (Former Section CZ#A31410(I)(3))
125.9.4Areas disturbed during construction, grading, etc., within 100 feet of the boundary of the wetland shall be restored to original contours and sufficiently and promptly replanted with vegetation naturally occurring in the immediate area; (Former Section CZ#A314-10(I)(4))
125.9.5Development and construction shall minimize cut-and-fill operations and erosion and sedimentation potential through construction of temporary and permanent sediment basins, seeding or planting bare soil, diversion of runoff away from grading areas and areas heavily used during construction, and, when feasible, avoidance of grading during the rainy season (November through April). (Former Section CZ#A314-10(I)(5))
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125.1 PURPOSE
The purpose of these regulations is to ensure that any development permitted in lands adjacent to coastal wetlands will not degrade the wetland and detract from its natural resource value, and will incorporate such features into the development site design without significant impact. (Former Section CZ#A314-10(A))
125.2 APPLICATION OF THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall apply in the Coastal Zone to lands identified as meeting the definition for Wetland Buffer Areas in subsection 313-125.5, on a case-by-case basis, in accordance with the setback provisions of subsection 313-125.7. (Former Section CZ#A314-10(B))
125.3 MODIFICATIONS IMPOSED BY THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall be in addition to regulations imposed by the principal zone development regulations, Special Area Combining Zone regulations, and other general regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most restrictive regulations most protective of wetland resources shall apply. (Former Section CZ#A314-10(C))
125.4 CONSULTATION WITH DEPARTMENT OF FISH AND GAME
The County shall request the California Department of Fish and Game to review development plans proposed within coastal wetland buffer areas, and to recommend, within ten (10) working days of the request, measures to mitigate disturbance of habitats. (Former Section CZ#A314-10(D))
125.5 DEFINITIONS
Wetland buffer areas shall be defined as: (Former Section CZ#A314-10(E))
125.5.1The area between a wetland and the nearest paved road or the forty (40) foot contour line (as determined from the 7.5-minute USGS contour maps), whichever is the shortest distance; or (Former Section CZ#A314-10(E)(a))
125.5.2250 feet from the wetland, where the nearest paved road or forty (40) foot contour exceed this distance. (Former Section CZ#A314-10(E)(b))
125.5.3Transitional Agricultural Lands zoned AE are excluded from the wetland buffer. (Former Section CZ#A314-10(E)(c))
125.6 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS
The following uses and developments may be permitted anywhere within Coastal Wetland Buffer Areas: (Former Section CZ#A31410(F))
125.6.1Uses permitted in the NR - Natural Resources Zone; (Former Section CZ#A314-10(F)(1))
125.6.2Uses permitted in the Transitional Agricultural Land Regulations; (Former Section CZ#A314-10(F)(2))
125.6.3Uses permitted in the Coastal Wetland Regulations; and (Former Section CZ#A314-10(F)(3))
125.6.4Wells in rural areas. (Former Section CZ#A314-10(F)(4))
125.7 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS WITH SUPPLEMENTAL SETBACK
Developments not listed as permitted uses within subsection 313-125.6 may be permitted if they maintain the following setbacks from the boundary of the wetland: (Former Section CZ#A314-10(G))
125.7.1Within an urban limit line: the setback from the boundaries of the wetland shall be either 100 feet or the average setback of existing development immediately adjacent as determined by the “stringline method” as described in the definitions in this Chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section CZ#A314-10(G)(1))
125.7.2Outside an urban limit line: The setback shall be between 100 and 200 feet, depending upon the size and sensitivity of the wetland, drainage boundaries, vegetation, adjacent uses, and the potential impacts of the project on the wetland habitat values. The precise width of the setback shall be sufficient to prevent significant effects to the wetland. (Former Section CZ#A314-10(G)(2))
125.7.3Reduction of Required Setback: In both urban and rural areas, setbacks of less than the distance specified in this section may be permitted only when: (Former Section CZ#A314-10(G)(3))
125.7.3.1The applicant for the proposed development demonstrates, to the satisfaction of the County, that a setback of less than the distance specified will not result in significant adverse impacts to the wetland habitat and will be compatible with the continuance of such habitats. (Former Section CZ#A314-10(G)(3)(a))
125.7.3.2Any such reduction in development setback may require mitigation measures, in addition to those specified below, to ensure new development does not adversely affect the wetland habitat values. (Former Section CZ#A314-10(G)(3)(b))
125.8 REQUIRED FINDINGS
Development within Coastal Wetland Buffer Areas shall be permitted only if the applicable Resource Protection Impact Findings in - Chapter 2, Procedures, Supplemental Findings (312 39.15), are made. (Former Section CZ#A314-10(H))
125.9 REQUIRED MITIGATION
All development permitted within wetland buffer areas shall be required to include the following mitigation measures: (Former Section CZ#A314-10(I))
125.9.1Coverage of the lot or parcel with impervious surfaces shall not exceed twenty-five percent (25%) of the total lot area; (Former Section CZ#A314-10(I)(1))
125.9.2The release rate of stormwater runoff to adjacent wetlands shall not exceed the natural rate of stormwater runoff for a 50-year storm of 10-minute duration; (Former Section CZ#A314-10(I)(2))
125.9.3Stormwater outfalls, culverts, gutters, and the like, shall be dissipated, and where feasible, screened; (Former Section CZ#A31410(I)(3))
125.9.4Areas disturbed during construction, grading, etc., within 100 feet of the boundary of the wetland shall be restored to original contours and sufficiently and promptly replanted with vegetation naturally occurring in the immediate area; (Former Section CZ#A314-10(I)(4))
125.9.5Development and construction shall minimize cut-and-fill operations and erosion and sedimentation potential through construction of temporary and permanent sediment basins, seeding or planting bare soil, diversion of runoff away from grading areas and areas heavily used during construction, and, when feasible, avoidance of grading during the rainy season (November through April). (Former Section CZ#A314-10(I)(5))
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125.1 PURPOSE
The purpose of these regulations is to ensure that any development permitted in lands adjacent to coastal wetlands will not degrade the wetland and detract from its natural resource value, and will incorporate such features into the development site design without significant impact. (Former Section CZ#A314-10(A))
125.2 APPLICATION OF THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall apply in the Coastal Zone to lands identified as meeting the definition for Wetland Buffer Areas in subsection 313-125.5, on a case-by-case basis, in accordance with the setback provisions of subsection 313-125.7. (Former Section CZ#A314-10(B))
125.3 MODIFICATIONS IMPOSED BY THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall be in addition to regulations imposed by the principal zone development regulations, Special Area Combining Zone regulations, and other general regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most restrictive regulations most protective of wetland resources shall apply. (Former Section CZ#A314-10(C))
125.4 CONSULTATION WITH DEPARTMENT OF FISH AND GAME
The County shall request the California Department of Fish and Game to review development plans proposed within coastal wetland buffer areas, and to recommend, within ten (10) working days of the request, measures to mitigate disturbance of habitats. (Former Section CZ#A314-10(D))
125.5 DEFINITIONS
Wetland buffer areas shall be defined as: (Former Section CZ#A314-10(E))
125.5.1The area between a wetland and the nearest paved road or the forty (40) foot contour line (as determined from the 7.5-minute USGS contour maps), whichever is the shortest distance; or (Former Section CZ#A314-10(E)(a))
125.5.2250 feet from the wetland, where the nearest paved road or forty (40) foot contour exceed this distance. (Former Section CZ#A314-10(E)(b))
125.5.3Transitional Agricultural Lands zoned AE are excluded from the wetland buffer. (Former Section CZ#A314-10(E)(c))
125.6 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS
The following uses and developments may be permitted anywhere within Coastal Wetland Buffer Areas: (Former Section CZ#A31410(F))
125.6.1Uses permitted in the NR - Natural Resources Zone; (Former Section CZ#A314-10(F)(1))
125.6.2Uses permitted in the Transitional Agricultural Land Regulations; (Former Section CZ#A314-10(F)(2))
125.6.3Uses permitted in the Coastal Wetland Regulations; and (Former Section CZ#A314-10(F)(3))
125.6.4Wells in rural areas. (Former Section CZ#A314-10(F)(4))
125.7 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS WITH SUPPLEMENTAL SETBACK
Developments not listed as permitted uses within subsection 313-125.6 may be permitted if they maintain the following setbacks from the boundary of the wetland: (Former Section CZ#A314-10(G))
125.7.1Within an urban limit line: the setback from the boundaries of the wetland shall be either 100 feet or the average setback of existing development immediately adjacent as determined by the “stringline method” as described in the definitions in this Chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section CZ#A314-10(G)(1))
125.7.2Outside an urban limit line: The setback shall be between 100 and 200 feet, depending upon the size and sensitivity of the wetland, drainage boundaries, vegetation, adjacent uses, and the potential impacts of the project on the wetland habitat values. The precise width of the setback shall be sufficient to prevent significant effects to the wetland. (Former Section CZ#A314-10(G)(2))
125.7.3Reduction of Required Setback: In both urban and rural areas, setbacks of less than the distance specified in this section may be permitted only when: (Former Section CZ#A314-10(G)(3))
125.7.3.1The applicant for the proposed development demonstrates, to the satisfaction of the County, that a setback of less than the distance specified will not result in significant adverse impacts to the wetland habitat and will be compatible with the continuance of such habitats. (Former Section CZ#A314-10(G)(3)(a))
125.7.3.2Any such reduction in development setback may require mitigation measures, in addition to those specified below, to ensure new development does not adversely affect the wetland habitat values. (Former Section CZ#A314-10(G)(3)(b))
125.8 REQUIRED FINDINGS
Development within Coastal Wetland Buffer Areas shall be permitted only if the applicable Resource Protection Impact Findings in - Chapter 2, Procedures, Supplemental Findings (312 39.15), are made. (Former Section CZ#A314-10(H))
125.9 REQUIRED MITIGATION
All development permitted within wetland buffer areas shall be required to include the following mitigation measures: (Former Section CZ#A314-10(I))
125.9.1Coverage of the lot or parcel with impervious surfaces shall not exceed twenty-five percent (25%) of the total lot area; (Former Section CZ#A314-10(I)(1))
125.9.2The release rate of stormwater runoff to adjacent wetlands shall not exceed the natural rate of stormwater runoff for a 50-year storm of 10-minute duration; (Former Section CZ#A314-10(I)(2))
125.9.3Stormwater outfalls, culverts, gutters, and the like, shall be dissipated, and where feasible, screened; (Former Section CZ#A31410(I)(3))
125.9.4Areas disturbed during construction, grading, etc., within 100 feet of the boundary of the wetland shall be restored to original contours and sufficiently and promptly replanted with vegetation naturally occurring in the immediate area; (Former Section CZ#A314-10(I)(4))
125.9.5Development and construction shall minimize cut-and-fill operations and erosion and sedimentation potential through construction of temporary and permanent sediment basins, seeding or planting bare soil, diversion of runoff away from grading areas and areas heavily used during construction, and, when feasible, avoidance of grading during the rainy season (November through April). (Former Section CZ#A314-10(I)(5))
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125.1 PURPOSE
The purpose of these regulations is to ensure that any development permitted in lands adjacent to coastal wetlands will not degrade the wetland and detract from its natural resource value, and will incorporate such features into the development site design without significant impact. (Former Section CZ#A314-10(A))
125.2 APPLICATION OF THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall apply in the Coastal Zone to lands identified as meeting the definition for Wetland Buffer Areas in subsection 313-125.5, on a case-by-case basis, in accordance with the setback provisions of subsection 313-125.7. (Former Section CZ#A314-10(B))
125.3 MODIFICATIONS IMPOSED BY THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall be in addition to regulations imposed by the principal zone development regulations, Special Area Combining Zone regulations, and other general regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most restrictive regulations most protective of wetland resources shall apply. (Former Section CZ#A314-10(C))
125.4 CONSULTATION WITH DEPARTMENT OF FISH AND GAME
The County shall request the California Department of Fish and Game to review development plans proposed within coastal wetland buffer areas, and to recommend, within ten (10) working days of the request, measures to mitigate disturbance of habitats. (Former Section CZ#A314-10(D))
125.5 DEFINITIONS
Wetland buffer areas shall be defined as: (Former Section CZ#A314-10(E))
125.5.1The area between a wetland and the nearest paved road or the forty (40) foot contour line (as determined from the 7.5-minute USGS contour maps), whichever is the shortest distance; or (Former Section CZ#A314-10(E)(a))
125.5.2250 feet from the wetland, where the nearest paved road or forty (40) foot contour exceed this distance. (Former Section CZ#A314-10(E)(b))
125.5.3Transitional Agricultural Lands zoned AE are excluded from the wetland buffer. (Former Section CZ#A314-10(E)(c))
125.6 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS
The following uses and developments may be permitted anywhere within Coastal Wetland Buffer Areas: (Former Section CZ#A31410(F))
125.6.1Uses permitted in the NR - Natural Resources Zone; (Former Section CZ#A314-10(F)(1))
125.6.2Uses permitted in the Transitional Agricultural Land Regulations; (Former Section CZ#A314-10(F)(2))
125.6.3Uses permitted in the Coastal Wetland Regulations; and (Former Section CZ#A314-10(F)(3))
125.6.4Wells in rural areas. (Former Section CZ#A314-10(F)(4))
125.7 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS WITH SUPPLEMENTAL SETBACK
Developments not listed as permitted uses within subsection 313-125.6 may be permitted if they maintain the following setbacks from the boundary of the wetland: (Former Section CZ#A314-10(G))
125.7.1Within an urban limit line: the setback from the boundaries of the wetland shall be either 100 feet or the average setback of existing development immediately adjacent as determined by the “stringline method” as described in the definitions in this Chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section CZ#A314-10(G)(1))
125.7.2Outside an urban limit line: The setback shall be between 100 and 200 feet, depending upon the size and sensitivity of the wetland, drainage boundaries, vegetation, adjacent uses, and the potential impacts of the project on the wetland habitat values. The precise width of the setback shall be sufficient to prevent significant effects to the wetland. (Former Section CZ#A314-10(G)(2))
125.7.3Reduction of Required Setback: In both urban and rural areas, setbacks of less than the distance specified in this section may be permitted only when: (Former Section CZ#A314-10(G)(3))
125.7.3.1The applicant for the proposed development demonstrates, to the satisfaction of the County, that a setback of less than the distance specified will not result in significant adverse impacts to the wetland habitat and will be compatible with the continuance of such habitats. (Former Section CZ#A314-10(G)(3)(a))
125.7.3.2Any such reduction in development setback may require mitigation measures, in addition to those specified below, to ensure new development does not adversely affect the wetland habitat values. (Former Section CZ#A314-10(G)(3)(b))
125.8 REQUIRED FINDINGS
Development within Coastal Wetland Buffer Areas shall be permitted only if the applicable Resource Protection Impact Findings in - Chapter 2, Procedures, Supplemental Findings (312 39.15), are made. (Former Section CZ#A314-10(H))
125.9 REQUIRED MITIGATION
All development permitted within wetland buffer areas shall be required to include the following mitigation measures: (Former Section CZ#A314-10(I))
125.9.1Coverage of the lot or parcel with impervious surfaces shall not exceed twenty-five percent (25%) of the total lot area; (Former Section CZ#A314-10(I)(1))
125.9.2The release rate of stormwater runoff to adjacent wetlands shall not exceed the natural rate of stormwater runoff for a 50-year storm of 10-minute duration; (Former Section CZ#A314-10(I)(2))
125.9.3Stormwater outfalls, culverts, gutters, and the like, shall be dissipated, and where feasible, screened; (Former Section CZ#A31410(I)(3))
125.9.4Areas disturbed during construction, grading, etc., within 100 feet of the boundary of the wetland shall be restored to original contours and sufficiently and promptly replanted with vegetation naturally occurring in the immediate area; (Former Section CZ#A314-10(I)(4))
125.9.5Development and construction shall minimize cut-and-fill operations and erosion and sedimentation potential through construction of temporary and permanent sediment basins, seeding or planting bare soil, diversion of runoff away from grading areas and areas heavily used during construction, and, when feasible, avoidance of grading during the rainy season (November through April). (Former Section CZ#A314-10(I)(5))
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125.1 PURPOSE
The purpose of these regulations is to ensure that any development permitted in lands adjacent to coastal wetlands will not degrade the wetland and detract from its natural resource value, and will incorporate such features into the development site design without significant impact. (Former Section CZ#A314-10(A))
125.2 APPLICATION OF THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall apply in the Coastal Zone to lands identified as meeting the definition for Wetland Buffer Areas in subsection 313-125.5, on a case-by-case basis, in accordance with the setback provisions of subsection 313-125.7. (Former Section CZ#A314-10(B))
125.3 MODIFICATIONS IMPOSED BY THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall be in addition to regulations imposed by the principal zone development regulations, Special Area Combining Zone regulations, and other general regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most restrictive regulations most protective of wetland resources shall apply. (Former Section CZ#A314-10(C))
125.4 CONSULTATION WITH DEPARTMENT OF FISH AND GAME
The County shall request the California Department of Fish and Game to review development plans proposed within coastal wetland buffer areas, and to recommend, within ten (10) working days of the request, measures to mitigate disturbance of habitats. (Former Section CZ#A314-10(D))
125.5 DEFINITIONS
Wetland buffer areas shall be defined as: (Former Section CZ#A314-10(E))
125.5.1The area between a wetland and the nearest paved road or the forty (40) foot contour line (as determined from the 7.5-minute USGS contour maps), whichever is the shortest distance; or (Former Section CZ#A314-10(E)(a))
125.5.2250 feet from the wetland, where the nearest paved road or forty (40) foot contour exceed this distance. (Former Section CZ#A314-10(E)(b))
125.5.3Transitional Agricultural Lands zoned AE are excluded from the wetland buffer. (Former Section CZ#A314-10(E)(c))
125.6 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS
The following uses and developments may be permitted anywhere within Coastal Wetland Buffer Areas: (Former Section CZ#A31410(F))
125.6.1Uses permitted in the NR - Natural Resources Zone; (Former Section CZ#A314-10(F)(1))
125.6.2Uses permitted in the Transitional Agricultural Land Regulations; (Former Section CZ#A314-10(F)(2))
125.6.3Uses permitted in the Coastal Wetland Regulations; and (Former Section CZ#A314-10(F)(3))
125.6.4Wells in rural areas. (Former Section CZ#A314-10(F)(4))
125.7 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS WITH SUPPLEMENTAL SETBACK
Developments not listed as permitted uses within subsection 313-125.6 may be permitted if they maintain the following setbacks from the boundary of the wetland: (Former Section CZ#A314-10(G))
125.7.1Within an urban limit line: the setback from the boundaries of the wetland shall be either 100 feet or the average setback of existing development immediately adjacent as determined by the “stringline method” as described in the definitions in this Chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section CZ#A314-10(G)(1))
125.7.2Outside an urban limit line: The setback shall be between 100 and 200 feet, depending upon the size and sensitivity of the wetland, drainage boundaries, vegetation, adjacent uses, and the potential impacts of the project on the wetland habitat values. The precise width of the setback shall be sufficient to prevent significant effects to the wetland. (Former Section CZ#A314-10(G)(2))
125.7.3Reduction of Required Setback: In both urban and rural areas, setbacks of less than the distance specified in this section may be permitted only when: (Former Section CZ#A314-10(G)(3))
125.7.3.1The applicant for the proposed development demonstrates, to the satisfaction of the County, that a setback of less than the distance specified will not result in significant adverse impacts to the wetland habitat and will be compatible with the continuance of such habitats. (Former Section CZ#A314-10(G)(3)(a))
125.7.3.2Any such reduction in development setback may require mitigation measures, in addition to those specified below, to ensure new development does not adversely affect the wetland habitat values. (Former Section CZ#A314-10(G)(3)(b))
125.8 REQUIRED FINDINGS
Development within Coastal Wetland Buffer Areas shall be permitted only if the applicable Resource Protection Impact Findings in - Chapter 2, Procedures, Supplemental Findings (312 39.15), are made. (Former Section CZ#A314-10(H))
125.9 REQUIRED MITIGATION
All development permitted within wetland buffer areas shall be required to include the following mitigation measures: (Former Section CZ#A314-10(I))
125.9.1Coverage of the lot or parcel with impervious surfaces shall not exceed twenty-five percent (25%) of the total lot area; (Former Section CZ#A314-10(I)(1))
125.9.2The release rate of stormwater runoff to adjacent wetlands shall not exceed the natural rate of stormwater runoff for a 50-year storm of 10-minute duration; (Former Section CZ#A314-10(I)(2))
125.9.3Stormwater outfalls, culverts, gutters, and the like, shall be dissipated, and where feasible, screened; (Former Section CZ#A31410(I)(3))
125.9.4Areas disturbed during construction, grading, etc., within 100 feet of the boundary of the wetland shall be restored to original contours and sufficiently and promptly replanted with vegetation naturally occurring in the immediate area; (Former Section CZ#A314-10(I)(4))
125.9.5Development and construction shall minimize cut-and-fill operations and erosion and sedimentation potential through construction of temporary and permanent sediment basins, seeding or planting bare soil, diversion of runoff away from grading areas and areas heavily used during construction, and, when feasible, avoidance of grading during the rainy season (November through April). (Former Section CZ#A314-10(I)(5))
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125.1 PURPOSE
The purpose of these regulations is to ensure that any development permitted in lands adjacent to coastal wetlands will not degrade the wetland and detract from its natural resource value, and will incorporate such features into the development site design without significant impact. (Former Section CZ#A314-10(A))
125.2 APPLICATION OF THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall apply in the Coastal Zone to lands identified as meeting the definition for Wetland Buffer Areas in subsection 313-125.5, on a case-by-case basis, in accordance with the setback provisions of subsection 313-125.7. (Former Section CZ#A314-10(B))
125.3 MODIFICATIONS IMPOSED BY THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall be in addition to regulations imposed by the principal zone development regulations, Special Area Combining Zone regulations, and other general regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most restrictive regulations most protective of wetland resources shall apply. (Former Section CZ#A314-10(C))
125.4 CONSULTATION WITH DEPARTMENT OF FISH AND GAME
The County shall request the California Department of Fish and Game to review development plans proposed within coastal wetland buffer areas, and to recommend, within ten (10) working days of the request, measures to mitigate disturbance of habitats. (Former Section CZ#A314-10(D))
125.5 DEFINITIONS
Wetland buffer areas shall be defined as: (Former Section CZ#A314-10(E))
125.5.1The area between a wetland and the nearest paved road or the forty (40) foot contour line (as determined from the 7.5-minute USGS contour maps), whichever is the shortest distance; or (Former Section CZ#A314-10(E)(a))
125.5.2250 feet from the wetland, where the nearest paved road or forty (40) foot contour exceed this distance. (Former Section CZ#A314-10(E)(b))
125.5.3Transitional Agricultural Lands zoned AE are excluded from the wetland buffer. (Former Section CZ#A314-10(E)(c))
125.6 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS
The following uses and developments may be permitted anywhere within Coastal Wetland Buffer Areas: (Former Section CZ#A31410(F))
125.6.1Uses permitted in the NR - Natural Resources Zone; (Former Section CZ#A314-10(F)(1))
125.6.2Uses permitted in the Transitional Agricultural Land Regulations; (Former Section CZ#A314-10(F)(2))
125.6.3Uses permitted in the Coastal Wetland Regulations; and (Former Section CZ#A314-10(F)(3))
125.6.4Wells in rural areas. (Former Section CZ#A314-10(F)(4))
125.7 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS WITH SUPPLEMENTAL SETBACK
Developments not listed as permitted uses within subsection 313-125.6 may be permitted if they maintain the following setbacks from the boundary of the wetland: (Former Section CZ#A314-10(G))
125.7.1Within an urban limit line: the setback from the boundaries of the wetland shall be either 100 feet or the average setback of existing development immediately adjacent as determined by the “stringline method” as described in the definitions in this Chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section CZ#A314-10(G)(1))
125.7.2Outside an urban limit line: The setback shall be between 100 and 200 feet, depending upon the size and sensitivity of the wetland, drainage boundaries, vegetation, adjacent uses, and the potential impacts of the project on the wetland habitat values. The precise width of the setback shall be sufficient to prevent significant effects to the wetland. (Former Section CZ#A314-10(G)(2))
125.7.3Reduction of Required Setback: In both urban and rural areas, setbacks of less than the distance specified in this section may be permitted only when: (Former Section CZ#A314-10(G)(3))
125.7.3.1The applicant for the proposed development demonstrates, to the satisfaction of the County, that a setback of less than the distance specified will not result in significant adverse impacts to the wetland habitat and will be compatible with the continuance of such habitats. (Former Section CZ#A314-10(G)(3)(a))
125.7.3.2Any such reduction in development setback may require mitigation measures, in addition to those specified below, to ensure new development does not adversely affect the wetland habitat values. (Former Section CZ#A314-10(G)(3)(b))
125.8 REQUIRED FINDINGS
Development within Coastal Wetland Buffer Areas shall be permitted only if the applicable Resource Protection Impact Findings in - Chapter 2, Procedures, Supplemental Findings (312 39.15), are made. (Former Section CZ#A314-10(H))
125.9 REQUIRED MITIGATION
All development permitted within wetland buffer areas shall be required to include the following mitigation measures: (Former Section CZ#A314-10(I))
125.9.1Coverage of the lot or parcel with impervious surfaces shall not exceed twenty-five percent (25%) of the total lot area; (Former Section CZ#A314-10(I)(1))
125.9.2The release rate of stormwater runoff to adjacent wetlands shall not exceed the natural rate of stormwater runoff for a 50-year storm of 10-minute duration; (Former Section CZ#A314-10(I)(2))
125.9.3Stormwater outfalls, culverts, gutters, and the like, shall be dissipated, and where feasible, screened; (Former Section CZ#A31410(I)(3))
125.9.4Areas disturbed during construction, grading, etc., within 100 feet of the boundary of the wetland shall be restored to original contours and sufficiently and promptly replanted with vegetation naturally occurring in the immediate area; (Former Section CZ#A314-10(I)(4))
125.9.5Development and construction shall minimize cut-and-fill operations and erosion and sedimentation potential through construction of temporary and permanent sediment basins, seeding or planting bare soil, diversion of runoff away from grading areas and areas heavily used during construction, and, when feasible, avoidance of grading during the rainy season (November through April). (Former Section CZ#A314-10(I)(5))
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125.1 PURPOSE
The purpose of these regulations is to ensure that any development permitted in lands adjacent to coastal wetlands will not degrade the wetland and detract from its natural resource value, and will incorporate such features into the development site design without significant impact. (Former Section CZ#A314-10(A))
125.2 APPLICATION OF THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall apply in the Coastal Zone to lands identified as meeting the definition for Wetland Buffer Areas in subsection 313-125.5, on a case-by-case basis, in accordance with the setback provisions of subsection 313-125.7. (Former Section CZ#A314-10(B))
125.3 MODIFICATIONS IMPOSED BY THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall be in addition to regulations imposed by the principal zone development regulations, Special Area Combining Zone regulations, and other general regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most restrictive regulations most protective of wetland resources shall apply. (Former Section CZ#A314-10(C))
125.4 CONSULTATION WITH DEPARTMENT OF FISH AND GAME
The County shall request the California Department of Fish and Game to review development plans proposed within coastal wetland buffer areas, and to recommend, within ten (10) working days of the request, measures to mitigate disturbance of habitats. (Former Section CZ#A314-10(D))
125.5 DEFINITIONS
Wetland buffer areas shall be defined as: (Former Section CZ#A314-10(E))
125.5.1The area between a wetland and the nearest paved road or the forty (40) foot contour line (as determined from the 7.5-minute USGS contour maps), whichever is the shortest distance; or (Former Section CZ#A314-10(E)(a))
125.5.2250 feet from the wetland, where the nearest paved road or forty (40) foot contour exceed this distance. (Former Section CZ#A314-10(E)(b))
125.5.3Transitional Agricultural Lands zoned AE are excluded from the wetland buffer. (Former Section CZ#A314-10(E)(c))
125.6 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS
The following uses and developments may be permitted anywhere within Coastal Wetland Buffer Areas: (Former Section CZ#A31410(F))
125.6.1Uses permitted in the NR - Natural Resources Zone; (Former Section CZ#A314-10(F)(1))
125.6.2Uses permitted in the Transitional Agricultural Land Regulations; (Former Section CZ#A314-10(F)(2))
125.6.3Uses permitted in the Coastal Wetland Regulations; and (Former Section CZ#A314-10(F)(3))
125.6.4Wells in rural areas. (Former Section CZ#A314-10(F)(4))
125.7 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS WITH SUPPLEMENTAL SETBACK
Developments not listed as permitted uses within subsection 313-125.6 may be permitted if they maintain the following setbacks from the boundary of the wetland: (Former Section CZ#A314-10(G))
125.7.1Within an urban limit line: the setback from the boundaries of the wetland shall be either 100 feet or the average setback of existing development immediately adjacent as determined by the “stringline method” as described in the definitions in this Chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section CZ#A314-10(G)(1))
125.7.2Outside an urban limit line: The setback shall be between 100 and 200 feet, depending upon the size and sensitivity of the wetland, drainage boundaries, vegetation, adjacent uses, and the potential impacts of the project on the wetland habitat values. The precise width of the setback shall be sufficient to prevent significant effects to the wetland. (Former Section CZ#A314-10(G)(2))
125.7.3Reduction of Required Setback: In both urban and rural areas, setbacks of less than the distance specified in this section may be permitted only when: (Former Section CZ#A314-10(G)(3))
125.7.3.1The applicant for the proposed development demonstrates, to the satisfaction of the County, that a setback of less than the distance specified will not result in significant adverse impacts to the wetland habitat and will be compatible with the continuance of such habitats. (Former Section CZ#A314-10(G)(3)(a))
125.7.3.2Any such reduction in development setback may require mitigation measures, in addition to those specified below, to ensure new development does not adversely affect the wetland habitat values. (Former Section CZ#A314-10(G)(3)(b))
125.8 REQUIRED FINDINGS
Development within Coastal Wetland Buffer Areas shall be permitted only if the applicable Resource Protection Impact Findings in - Chapter 2, Procedures, Supplemental Findings (312 39.15), are made. (Former Section CZ#A314-10(H))
125.9 REQUIRED MITIGATION
All development permitted within wetland buffer areas shall be required to include the following mitigation measures: (Former Section CZ#A314-10(I))
125.9.1Coverage of the lot or parcel with impervious surfaces shall not exceed twenty-five percent (25%) of the total lot area; (Former Section CZ#A314-10(I)(1))
125.9.2The release rate of stormwater runoff to adjacent wetlands shall not exceed the natural rate of stormwater runoff for a 50-year storm of 10-minute duration; (Former Section CZ#A314-10(I)(2))
125.9.3Stormwater outfalls, culverts, gutters, and the like, shall be dissipated, and where feasible, screened; (Former Section CZ#A31410(I)(3))
125.9.4Areas disturbed during construction, grading, etc., within 100 feet of the boundary of the wetland shall be restored to original contours and sufficiently and promptly replanted with vegetation naturally occurring in the immediate area; (Former Section CZ#A314-10(I)(4))
125.9.5Development and construction shall minimize cut-and-fill operations and erosion and sedimentation potential through construction of temporary and permanent sediment basins, seeding or planting bare soil, diversion of runoff away from grading areas and areas heavily used during construction, and, when feasible, avoidance of grading during the rainy season (November through April). (Former Section CZ#A314-10(I)(5))
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125.1 PURPOSE
The purpose of these regulations is to ensure that any development permitted in lands adjacent to coastal wetlands will not degrade the wetland and detract from its natural resource value, and will incorporate such features into the development site design without significant impact. (Former Section CZ#A314-10(A))
125.2 APPLICATION OF THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall apply in the Coastal Zone to lands identified as meeting the definition for Wetland Buffer Areas in subsection 313-125.5, on a case-by-case basis, in accordance with the setback provisions of subsection 313-125.7. (Former Section CZ#A314-10(B))
125.3 MODIFICATIONS IMPOSED BY THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall be in addition to regulations imposed by the principal zone development regulations, Special Area Combining Zone regulations, and other general regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most restrictive regulations most protective of wetland resources shall apply. (Former Section CZ#A314-10(C))
125.4 CONSULTATION WITH DEPARTMENT OF FISH AND GAME
The County shall request the California Department of Fish and Game to review development plans proposed within coastal wetland buffer areas, and to recommend, within ten (10) working days of the request, measures to mitigate disturbance of habitats. (Former Section CZ#A314-10(D))
125.5 DEFINITIONS
Wetland buffer areas shall be defined as: (Former Section CZ#A314-10(E))
125.5.1The area between a wetland and the nearest paved road or the forty (40) foot contour line (as determined from the 7.5-minute USGS contour maps), whichever is the shortest distance; or (Former Section CZ#A314-10(E)(a))
125.5.2250 feet from the wetland, where the nearest paved road or forty (40) foot contour exceed this distance. (Former Section CZ#A314-10(E)(b))
125.5.3Transitional Agricultural Lands zoned AE are excluded from the wetland buffer. (Former Section CZ#A314-10(E)(c))
125.6 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS
The following uses and developments may be permitted anywhere within Coastal Wetland Buffer Areas: (Former Section CZ#A31410(F))
125.6.1Uses permitted in the NR - Natural Resources Zone; (Former Section CZ#A314-10(F)(1))
125.6.2Uses permitted in the Transitional Agricultural Land Regulations; (Former Section CZ#A314-10(F)(2))
125.6.3Uses permitted in the Coastal Wetland Regulations; and (Former Section CZ#A314-10(F)(3))
125.6.4Wells in rural areas. (Former Section CZ#A314-10(F)(4))
125.7 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS WITH SUPPLEMENTAL SETBACK
Developments not listed as permitted uses within subsection 313-125.6 may be permitted if they maintain the following setbacks from the boundary of the wetland: (Former Section CZ#A314-10(G))
125.7.1Within an urban limit line: the setback from the boundaries of the wetland shall be either 100 feet or the average setback of existing development immediately adjacent as determined by the “stringline method” as described in the definitions in this Chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section CZ#A314-10(G)(1))
125.7.2Outside an urban limit line: The setback shall be between 100 and 200 feet, depending upon the size and sensitivity of the wetland, drainage boundaries, vegetation, adjacent uses, and the potential impacts of the project on the wetland habitat values. The precise width of the setback shall be sufficient to prevent significant effects to the wetland. (Former Section CZ#A314-10(G)(2))
125.7.3Reduction of Required Setback: In both urban and rural areas, setbacks of less than the distance specified in this section may be permitted only when: (Former Section CZ#A314-10(G)(3))
125.7.3.1The applicant for the proposed development demonstrates, to the satisfaction of the County, that a setback of less than the distance specified will not result in significant adverse impacts to the wetland habitat and will be compatible with the continuance of such habitats. (Former Section CZ#A314-10(G)(3)(a))
125.7.3.2Any such reduction in development setback may require mitigation measures, in addition to those specified below, to ensure new development does not adversely affect the wetland habitat values. (Former Section CZ#A314-10(G)(3)(b))
125.8 REQUIRED FINDINGS
Development within Coastal Wetland Buffer Areas shall be permitted only if the applicable Resource Protection Impact Findings in - Chapter 2, Procedures, Supplemental Findings (312 39.15), are made. (Former Section CZ#A314-10(H))
125.9 REQUIRED MITIGATION
All development permitted within wetland buffer areas shall be required to include the following mitigation measures: (Former Section CZ#A314-10(I))
125.9.1Coverage of the lot or parcel with impervious surfaces shall not exceed twenty-five percent (25%) of the total lot area; (Former Section CZ#A314-10(I)(1))
125.9.2The release rate of stormwater runoff to adjacent wetlands shall not exceed the natural rate of stormwater runoff for a 50-year storm of 10-minute duration; (Former Section CZ#A314-10(I)(2))
125.9.3Stormwater outfalls, culverts, gutters, and the like, shall be dissipated, and where feasible, screened; (Former Section CZ#A31410(I)(3))
125.9.4Areas disturbed during construction, grading, etc., within 100 feet of the boundary of the wetland shall be restored to original contours and sufficiently and promptly replanted with vegetation naturally occurring in the immediate area; (Former Section CZ#A314-10(I)(4))
125.9.5Development and construction shall minimize cut-and-fill operations and erosion and sedimentation potential through construction of temporary and permanent sediment basins, seeding or planting bare soil, diversion of runoff away from grading areas and areas heavily used during construction, and, when feasible, avoidance of grading during the rainy season (November through April). (Former Section CZ#A314-10(I)(5))
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125.1 PURPOSE
The purpose of these regulations is to ensure that any development permitted in lands adjacent to coastal wetlands will not degrade the wetland and detract from its natural resource value, and will incorporate such features into the development site design without significant impact. (Former Section CZ#A314-10(A))
125.2 APPLICATION OF THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall apply in the Coastal Zone to lands identified as meeting the definition for Wetland Buffer Areas in subsection 313-125.5, on a case-by-case basis, in accordance with the setback provisions of subsection 313-125.7. (Former Section CZ#A314-10(B))
125.3 MODIFICATIONS IMPOSED BY THE COASTAL WETLAND BUFFER AREA REGULATIONS
These regulations shall be in addition to regulations imposed by the principal zone development regulations, Special Area Combining Zone regulations, and other general regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most restrictive regulations most protective of wetland resources shall apply. (Former Section CZ#A314-10(C))
125.4 CONSULTATION WITH DEPARTMENT OF FISH AND GAME
The County shall request the California Department of Fish and Game to review development plans proposed within coastal wetland buffer areas, and to recommend, within ten (10) working days of the request, measures to mitigate disturbance of habitats. (Former Section CZ#A314-10(D))
125.5 DEFINITIONS
Wetland buffer areas shall be defined as: (Former Section CZ#A314-10(E))
125.5.1The area between a wetland and the nearest paved road or the forty (40) foot contour line (as determined from the 7.5-minute USGS contour maps), whichever is the shortest distance; or (Former Section CZ#A314-10(E)(a))
125.5.2250 feet from the wetland, where the nearest paved road or forty (40) foot contour exceed this distance. (Former Section CZ#A314-10(E)(b))
125.5.3Transitional Agricultural Lands zoned AE are excluded from the wetland buffer. (Former Section CZ#A314-10(E)(c))
125.6 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS
The following uses and developments may be permitted anywhere within Coastal Wetland Buffer Areas: (Former Section CZ#A31410(F))
125.6.1Uses permitted in the NR - Natural Resources Zone; (Former Section CZ#A314-10(F)(1))
125.6.2Uses permitted in the Transitional Agricultural Land Regulations; (Former Section CZ#A314-10(F)(2))
125.6.3Uses permitted in the Coastal Wetland Regulations; and (Former Section CZ#A314-10(F)(3))
125.6.4Wells in rural areas. (Former Section CZ#A314-10(F)(4))
125.7 DEVELOPMENT PERMITTED WITHIN COASTAL WETLAND BUFFER AREAS WITH SUPPLEMENTAL SETBACK
Developments not listed as permitted uses within subsection 313-125.6 may be permitted if they maintain the following setbacks from the boundary of the wetland: (Former Section CZ#A314-10(G))
125.7.1Within an urban limit line: the setback from the boundaries of the wetland shall be either 100 feet or the average setback of existing development immediately adjacent as determined by the “stringline method” as described in the definitions in this Chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section CZ#A314-10(G)(1))
125.7.2Outside an urban limit line: The setback shall be between 100 and 200 feet, depending upon the size and sensitivity of the wetland, drainage boundaries, vegetation, adjacent uses, and the potential impacts of the project on the wetland habitat values. The precise width of the setback shall be sufficient to prevent significant effects to the wetland. (Former Section CZ#A314-10(G)(2))
125.7.3Reduction of Required Setback: In both urban and rural areas, setbacks of less than the distance specified in this section may be permitted only when: (Former Section CZ#A314-10(G)(3))
125.7.3.1The applicant for the proposed development demonstrates, to the satisfaction of the County, that a setback of less than the distance specified will not result in significant adverse impacts to the wetland habitat and will be compatible with the continuance of such habitats. (Former Section CZ#A314-10(G)(3)(a))
125.7.3.2Any such reduction in development setback may require mitigation measures, in addition to those specified below, to ensure new development does not adversely affect the wetland habitat values. (Former Section CZ#A314-10(G)(3)(b))
125.8 REQUIRED FINDINGS
Development within Coastal Wetland Buffer Areas shall be permitted only if the applicable Resource Protection Impact Findings in - Chapter 2, Procedures, Supplemental Findings (312 39.15), are made. (Former Section CZ#A314-10(H))
125.9 REQUIRED MITIGATION
All development permitted within wetland buffer areas shall be required to include the following mitigation measures: (Former Section CZ#A314-10(I))
125.9.1Coverage of the lot or parcel with impervious surfaces shall not exceed twenty-five percent (25%) of the total lot area; (Former Section CZ#A314-10(I)(1))
125.9.2The release rate of stormwater runoff to adjacent wetlands shall not exceed the natural rate of stormwater runoff for a 50-year storm of 10-minute duration; (Former Section CZ#A314-10(I)(2))
125.9.3Stormwater outfalls, culverts, gutters, and the like, shall be dissipated, and where feasible, screened; (Former Section CZ#A31410(I)(3))
125.9.4Areas disturbed during construction, grading, etc., within 100 feet of the boundary of the wetland shall be restored to original contours and sufficiently and promptly replanted with vegetation naturally occurring in the immediate area; (Former Section CZ#A314-10(I)(4))
125.9.5Development and construction shall minimize cut-and-fill operations and erosion and sedimentation potential through construction of temporary and permanent sediment basins, seeding or planting bare soil, diversion of runoff away from grading areas and areas heavily used during construction, and, when feasible, avoidance of grading during the rainy season (November through April). (Former Section CZ#A314-10(I)(5))
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131.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming uses, and to establish conditions under which nonconforming uses may be expanded. (Former Section CZ#A314-25(A))
131.2 APPLICABILITY
These regulations shall apply to all nonconforming uses which were in conformance with the regulations applicable at the time the use commenced. (Former Section CZ#A314-25(B))
131.3 RIGHT TO CONTINUE AS A NONCONFORMING USE
A nonconforming use which is in existence on the effective date of these zoning regulations, or of any amendment thereto which makes such use nonconforming, may be continued indefinitely, except as otherwise specified in these regulations. Expansion or change to a use type that is not permitted by the County Zoning Regulations shall not be allowed, except as expressly provided by law, or expressly provided herein. (Former Section CZ#A314-25(C))
131.4 RIGHTS PERTAINING TO THE USE ITSELF
The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land on which such nonconforming use is conducted, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
131.5 SPECIAL PERMIT REQUIRED FOR THE SUBSTITUTION OF NONCONFORMING USES
The Hearing Officer may approve a Special Permit for the substitution of a proposed nonconforming use for an existing nonconforming use if the substituted nonconforming use does not increase the degree of nonconformity and if the Hearing Officer makes all of the required findings in this Code. Substituted nonconforming uses approved pursuant to this section shall occupy the same area that is occupied by the existing nonconforming use. (Former Section CZ#A314-25(F))
131.6 TERMINATION OF NONCONFORMING USE
If any nonconforming use ceases for any reason for a continuous period of two years (2yr) or more, or is changed to or replaced by a conforming use, the land previously devoted to such nonconforming use shall become subject to all the current land use regulations for the zone in which such land is located, in the same way as it would if the nonconforming use had been expressly abandoned. (Former Section CZ#A314-25(I))
131.7 NON-APPLICATION TO USE INITIATED OR CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming uses shall apply to all nonconforming uses existing on the original effective date of the regulations governing such nonconforming uses, and to all uses that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any use established in violation of law. (Former Section CZ#A31425(J))
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131.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming uses, and to establish conditions under which nonconforming uses may be expanded. (Former Section CZ#A314-25(A))
131.2 APPLICABILITY
These regulations shall apply to all nonconforming uses which were in conformance with the regulations applicable at the time the use commenced. (Former Section CZ#A314-25(B))
131.3 RIGHT TO CONTINUE AS A NONCONFORMING USE
A nonconforming use which is in existence on the effective date of these zoning regulations, or of any amendment thereto which makes such use nonconforming, may be continued indefinitely, except as otherwise specified in these regulations. Expansion or change to a use type that is not permitted by the County Zoning Regulations shall not be allowed, except as expressly provided by law, or expressly provided herein. (Former Section CZ#A314-25(C))
131.4 RIGHTS PERTAINING TO THE USE ITSELF
The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land on which such nonconforming use is conducted, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
131.5 SPECIAL PERMIT REQUIRED FOR THE SUBSTITUTION OF NONCONFORMING USES
The Hearing Officer may approve a Special Permit for the substitution of a proposed nonconforming use for an existing nonconforming use if the substituted nonconforming use does not increase the degree of nonconformity and if the Hearing Officer makes all of the required findings in this Code. Substituted nonconforming uses approved pursuant to this section shall occupy the same area that is occupied by the existing nonconforming use. (Former Section CZ#A314-25(F))
131.6 TERMINATION OF NONCONFORMING USE
If any nonconforming use ceases for any reason for a continuous period of two years (2yr) or more, or is changed to or replaced by a conforming use, the land previously devoted to such nonconforming use shall become subject to all the current land use regulations for the zone in which such land is located, in the same way as it would if the nonconforming use had been expressly abandoned. (Former Section CZ#A314-25(I))
131.7 NON-APPLICATION TO USE INITIATED OR CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming uses shall apply to all nonconforming uses existing on the original effective date of the regulations governing such nonconforming uses, and to all uses that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any use established in violation of law. (Former Section CZ#A31425(J))
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131.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming uses, and to establish conditions under which nonconforming uses may be expanded. (Former Section CZ#A314-25(A))
131.2 APPLICABILITY
These regulations shall apply to all nonconforming uses which were in conformance with the regulations applicable at the time the use commenced. (Former Section CZ#A314-25(B))
131.3 RIGHT TO CONTINUE AS A NONCONFORMING USE
A nonconforming use which is in existence on the effective date of these zoning regulations, or of any amendment thereto which makes such use nonconforming, may be continued indefinitely, except as otherwise specified in these regulations. Expansion or change to a use type that is not permitted by the County Zoning Regulations shall not be allowed, except as expressly provided by law, or expressly provided herein. (Former Section CZ#A314-25(C))
131.4 RIGHTS PERTAINING TO THE USE ITSELF
The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land on which such nonconforming use is conducted, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
131.5 SPECIAL PERMIT REQUIRED FOR THE SUBSTITUTION OF NONCONFORMING USES
The Hearing Officer may approve a Special Permit for the substitution of a proposed nonconforming use for an existing nonconforming use if the substituted nonconforming use does not increase the degree of nonconformity and if the Hearing Officer makes all of the required findings in this Code. Substituted nonconforming uses approved pursuant to this section shall occupy the same area that is occupied by the existing nonconforming use. (Former Section CZ#A314-25(F))
131.6 TERMINATION OF NONCONFORMING USE
If any nonconforming use ceases for any reason for a continuous period of two years (2yr) or more, or is changed to or replaced by a conforming use, the land previously devoted to such nonconforming use shall become subject to all the current land use regulations for the zone in which such land is located, in the same way as it would if the nonconforming use had been expressly abandoned. (Former Section CZ#A314-25(I))
131.7 NON-APPLICATION TO USE INITIATED OR CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming uses shall apply to all nonconforming uses existing on the original effective date of the regulations governing such nonconforming uses, and to all uses that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any use established in violation of law. (Former Section CZ#A31425(J))
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131.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming uses, and to establish conditions under which nonconforming uses may be expanded. (Former Section CZ#A314-25(A))
131.2 APPLICABILITY
These regulations shall apply to all nonconforming uses which were in conformance with the regulations applicable at the time the use commenced. (Former Section CZ#A314-25(B))
131.3 RIGHT TO CONTINUE AS A NONCONFORMING USE
A nonconforming use which is in existence on the effective date of these zoning regulations, or of any amendment thereto which makes such use nonconforming, may be continued indefinitely, except as otherwise specified in these regulations. Expansion or change to a use type that is not permitted by the County Zoning Regulations shall not be allowed, except as expressly provided by law, or expressly provided herein. (Former Section CZ#A314-25(C))
131.4 RIGHTS PERTAINING TO THE USE ITSELF
The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land on which such nonconforming use is conducted, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
131.5 SPECIAL PERMIT REQUIRED FOR THE SUBSTITUTION OF NONCONFORMING USES
The Hearing Officer may approve a Special Permit for the substitution of a proposed nonconforming use for an existing nonconforming use if the substituted nonconforming use does not increase the degree of nonconformity and if the Hearing Officer makes all of the required findings in this Code. Substituted nonconforming uses approved pursuant to this section shall occupy the same area that is occupied by the existing nonconforming use. (Former Section CZ#A314-25(F))
131.6 TERMINATION OF NONCONFORMING USE
If any nonconforming use ceases for any reason for a continuous period of two years (2yr) or more, or is changed to or replaced by a conforming use, the land previously devoted to such nonconforming use shall become subject to all the current land use regulations for the zone in which such land is located, in the same way as it would if the nonconforming use had been expressly abandoned. (Former Section CZ#A314-25(I))
131.7 NON-APPLICATION TO USE INITIATED OR CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming uses shall apply to all nonconforming uses existing on the original effective date of the regulations governing such nonconforming uses, and to all uses that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any use established in violation of law. (Former Section CZ#A31425(J))
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131.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming uses, and to establish conditions under which nonconforming uses may be expanded. (Former Section CZ#A314-25(A))
131.2 APPLICABILITY
These regulations shall apply to all nonconforming uses which were in conformance with the regulations applicable at the time the use commenced. (Former Section CZ#A314-25(B))
131.3 RIGHT TO CONTINUE AS A NONCONFORMING USE
A nonconforming use which is in existence on the effective date of these zoning regulations, or of any amendment thereto which makes such use nonconforming, may be continued indefinitely, except as otherwise specified in these regulations. Expansion or change to a use type that is not permitted by the County Zoning Regulations shall not be allowed, except as expressly provided by law, or expressly provided herein. (Former Section CZ#A314-25(C))
131.4 RIGHTS PERTAINING TO THE USE ITSELF
The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land on which such nonconforming use is conducted, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
131.5 SPECIAL PERMIT REQUIRED FOR THE SUBSTITUTION OF NONCONFORMING USES
The Hearing Officer may approve a Special Permit for the substitution of a proposed nonconforming use for an existing nonconforming use if the substituted nonconforming use does not increase the degree of nonconformity and if the Hearing Officer makes all of the required findings in this Code. Substituted nonconforming uses approved pursuant to this section shall occupy the same area that is occupied by the existing nonconforming use. (Former Section CZ#A314-25(F))
131.6 TERMINATION OF NONCONFORMING USE
If any nonconforming use ceases for any reason for a continuous period of two years (2yr) or more, or is changed to or replaced by a conforming use, the land previously devoted to such nonconforming use shall become subject to all the current land use regulations for the zone in which such land is located, in the same way as it would if the nonconforming use had been expressly abandoned. (Former Section CZ#A314-25(I))
131.7 NON-APPLICATION TO USE INITIATED OR CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming uses shall apply to all nonconforming uses existing on the original effective date of the regulations governing such nonconforming uses, and to all uses that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any use established in violation of law. (Former Section CZ#A31425(J))
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131.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming uses, and to establish conditions under which nonconforming uses may be expanded. (Former Section CZ#A314-25(A))
131.2 APPLICABILITY
These regulations shall apply to all nonconforming uses which were in conformance with the regulations applicable at the time the use commenced. (Former Section CZ#A314-25(B))
131.3 RIGHT TO CONTINUE AS A NONCONFORMING USE
A nonconforming use which is in existence on the effective date of these zoning regulations, or of any amendment thereto which makes such use nonconforming, may be continued indefinitely, except as otherwise specified in these regulations. Expansion or change to a use type that is not permitted by the County Zoning Regulations shall not be allowed, except as expressly provided by law, or expressly provided herein. (Former Section CZ#A314-25(C))
131.4 RIGHTS PERTAINING TO THE USE ITSELF
The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land on which such nonconforming use is conducted, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
131.5 SPECIAL PERMIT REQUIRED FOR THE SUBSTITUTION OF NONCONFORMING USES
The Hearing Officer may approve a Special Permit for the substitution of a proposed nonconforming use for an existing nonconforming use if the substituted nonconforming use does not increase the degree of nonconformity and if the Hearing Officer makes all of the required findings in this Code. Substituted nonconforming uses approved pursuant to this section shall occupy the same area that is occupied by the existing nonconforming use. (Former Section CZ#A314-25(F))
131.6 TERMINATION OF NONCONFORMING USE
If any nonconforming use ceases for any reason for a continuous period of two years (2yr) or more, or is changed to or replaced by a conforming use, the land previously devoted to such nonconforming use shall become subject to all the current land use regulations for the zone in which such land is located, in the same way as it would if the nonconforming use had been expressly abandoned. (Former Section CZ#A314-25(I))
131.7 NON-APPLICATION TO USE INITIATED OR CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming uses shall apply to all nonconforming uses existing on the original effective date of the regulations governing such nonconforming uses, and to all uses that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any use established in violation of law. (Former Section CZ#A31425(J))
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131.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming uses, and to establish conditions under which nonconforming uses may be expanded. (Former Section CZ#A314-25(A))
131.2 APPLICABILITY
These regulations shall apply to all nonconforming uses which were in conformance with the regulations applicable at the time the use commenced. (Former Section CZ#A314-25(B))
131.3 RIGHT TO CONTINUE AS A NONCONFORMING USE
A nonconforming use which is in existence on the effective date of these zoning regulations, or of any amendment thereto which makes such use nonconforming, may be continued indefinitely, except as otherwise specified in these regulations. Expansion or change to a use type that is not permitted by the County Zoning Regulations shall not be allowed, except as expressly provided by law, or expressly provided herein. (Former Section CZ#A314-25(C))
131.4 RIGHTS PERTAINING TO THE USE ITSELF
The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land on which such nonconforming use is conducted, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
131.5 SPECIAL PERMIT REQUIRED FOR THE SUBSTITUTION OF NONCONFORMING USES
The Hearing Officer may approve a Special Permit for the substitution of a proposed nonconforming use for an existing nonconforming use if the substituted nonconforming use does not increase the degree of nonconformity and if the Hearing Officer makes all of the required findings in this Code. Substituted nonconforming uses approved pursuant to this section shall occupy the same area that is occupied by the existing nonconforming use. (Former Section CZ#A314-25(F))
131.6 TERMINATION OF NONCONFORMING USE
If any nonconforming use ceases for any reason for a continuous period of two years (2yr) or more, or is changed to or replaced by a conforming use, the land previously devoted to such nonconforming use shall become subject to all the current land use regulations for the zone in which such land is located, in the same way as it would if the nonconforming use had been expressly abandoned. (Former Section CZ#A314-25(I))
131.7 NON-APPLICATION TO USE INITIATED OR CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming uses shall apply to all nonconforming uses existing on the original effective date of the regulations governing such nonconforming uses, and to all uses that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any use established in violation of law. (Former Section CZ#A31425(J))
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131.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming uses, and to establish conditions under which nonconforming uses may be expanded. (Former Section CZ#A314-25(A))
131.2 APPLICABILITY
These regulations shall apply to all nonconforming uses which were in conformance with the regulations applicable at the time the use commenced. (Former Section CZ#A314-25(B))
131.3 RIGHT TO CONTINUE AS A NONCONFORMING USE
A nonconforming use which is in existence on the effective date of these zoning regulations, or of any amendment thereto which makes such use nonconforming, may be continued indefinitely, except as otherwise specified in these regulations. Expansion or change to a use type that is not permitted by the County Zoning Regulations shall not be allowed, except as expressly provided by law, or expressly provided herein. (Former Section CZ#A314-25(C))
131.4 RIGHTS PERTAINING TO THE USE ITSELF
The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land on which such nonconforming use is conducted, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
131.5 SPECIAL PERMIT REQUIRED FOR THE SUBSTITUTION OF NONCONFORMING USES
The Hearing Officer may approve a Special Permit for the substitution of a proposed nonconforming use for an existing nonconforming use if the substituted nonconforming use does not increase the degree of nonconformity and if the Hearing Officer makes all of the required findings in this Code. Substituted nonconforming uses approved pursuant to this section shall occupy the same area that is occupied by the existing nonconforming use. (Former Section CZ#A314-25(F))
131.6 TERMINATION OF NONCONFORMING USE
If any nonconforming use ceases for any reason for a continuous period of two years (2yr) or more, or is changed to or replaced by a conforming use, the land previously devoted to such nonconforming use shall become subject to all the current land use regulations for the zone in which such land is located, in the same way as it would if the nonconforming use had been expressly abandoned. (Former Section CZ#A314-25(I))
131.7 NON-APPLICATION TO USE INITIATED OR CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming uses shall apply to all nonconforming uses existing on the original effective date of the regulations governing such nonconforming uses, and to all uses that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any use established in violation of law. (Former Section CZ#A31425(J))
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- (See also, Section 313 131, Nonconforming Uses.)
132.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming structures, and to establish conditions under which nonconforming structures may be expanded or structurally altered. (Former Section CZ#A314-25(A))
132.2 APPLICABILITY
These regulations shall apply to all nonconforming structures which were constructed in conformance with the County Building Regulations applicable at the time of initial construction, and/or subsequent alteration or modification. (Former Section CZ#A31425(B))
132.3 RIGHT TO CONTINUE TO USE A NONCONFORMING STRUCTURE
A nonconforming structure which is in existence on the effective date of these zoning regulations, or any amendment thereto which makes such structure nonconforming, may be used and maintained indefinitely, except as otherwise specified in these regulations. No structural alterations to a nonconforming structure shall be allowed, except as expressly required by law or as expressly provided herein; unless the structural alterations conform with the applicable development standards of these zoning regulations. (Former Section CZ#A314-25(D))
132.4 RIGHTS PERTAINING TO THE STRUCTURE ITSELF
The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land or of such nonconforming structure, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
132.5 EXPANSION, RECONSTRUCTION, STRUCTURAL ALTERATION OR REPLACEMENT OF NONCONFORMING STRUCTURES AND MANUFACTURED HOMES
132.5.1 Structural Alterations, Reconstruction, and Expansion to Existing Nonconforming Structures. The Director or Hearing Officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion of structures would not conform with development standards. (Former Section CZ#A314-25(G)(1))
ructural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion of structures would not conform with development standards. (Former Section CZ#A314-25(G)(1))
132.5.2 Reconstruction of a Nonconforming Structure that is Damaged by any Casualty. The Director may approve a Special Permit for the reconstruction of a nonconforming structure that is damaged by any casualty if application is made within two (2) years after such destruction or damage and if the Director makes all of the required findings in Chapter 2 of this Code. (Former Section CZ#A31425(G)(2))
132.5.3 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations, and the currently effective version of the Uniform Building Codes. (Former Section CZ#A314-25(G)(3))
132.6 SPECIAL PROVISIONS CONCERNING NONCONFORMING MANUFACTURED HOMES
132.6.1 Existing Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (Former Section CZ#A314-25(H)(1))
132.6.2 Replacement in Flood-Prone Area. If a nonconforming manufactured home or recreational vehicle is removed from an area which is subject to the Flood Hazard Area Regulations, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section CZ#A314-25(H)(2); Amended by Ord. 2167, Sec. 28, 4/7/98)
132.7 NON-APPLICATION TO STRUCTURE CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming structures shall apply to all nonconforming structures existing on the original effective date of the regulations governing such nonconforming structures (unless otherwise indicated), and to all buildings
that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any structure erected in violation of law. (Former Section CZ#A314-25(J)) Your Selections
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- (See also, Section 313 131, Nonconforming Uses.)
132.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming structures, and to establish conditions under which nonconforming structures may be expanded or structurally altered. (Former Section CZ#A314-25(A))
132.2 APPLICABILITY
These regulations shall apply to all nonconforming structures which were constructed in conformance with the County Building Regulations applicable at the time of initial construction, and/or subsequent alteration or modification. (Former Section CZ#A31425(B))
132.3 RIGHT TO CONTINUE TO USE A NONCONFORMING STRUCTURE
A nonconforming structure which is in existence on the effective date of these zoning regulations, or any amendment thereto which makes such structure nonconforming, may be used and maintained indefinitely, except as otherwise specified in these regulations. No structural alterations to a nonconforming structure shall be allowed, except as expressly required by law or as expressly provided herein; unless the structural alterations conform with the applicable development standards of these zoning regulations. (Former Section CZ#A314-25(D))
132.4 RIGHTS PERTAINING TO THE STRUCTURE ITSELF
The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land or of such nonconforming structure, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
132.5 EXPANSION, RECONSTRUCTION, STRUCTURAL ALTERATION OR REPLACEMENT OF NONCONFORMING STRUCTURES AND MANUFACTURED HOMES
132.5.1 Structural Alterations, Reconstruction, and Expansion to Existing Nonconforming Structures. The Director or Hearing Officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion of structures would not conform with development standards. (Former Section CZ#A314-25(G)(1))
132.5.2 Reconstruction of a Nonconforming Structure that is Damaged by any Casualty. The Director may approve a Special Permit for the reconstruction of a nonconforming structure that is damaged by any casualty if application is made within two (2) years after such destruction or damage and if the Director makes all of the required findings in Chapter 2 of this Code. (Former Section CZ#A31425(G)(2))
.5.2 Reconstruction of a Nonconforming Structure that is Damaged by any Casualty. The Director may approve a Special Permit for the reconstruction of a nonconforming structure that is damaged by any casualty if application is made within two (2) years after such destruction or damage and if the Director makes all of the required findings in Chapter 2 of this Code. (Former Section CZ#A31425(G)(2))
132.5.3 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations, and the currently effective version of the Uniform Building Codes. (Former Section CZ#A314-25(G)(3))
132.6 SPECIAL PROVISIONS CONCERNING NONCONFORMING MANUFACTURED HOMES
132.6.1 Existing Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (Former Section CZ#A314-25(H)(1))
132.6.2 Replacement in Flood-Prone Area. If a nonconforming manufactured home or recreational vehicle is removed from an area which is subject to the Flood Hazard Area Regulations, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section CZ#A314-25(H)(2); Amended by Ord. 2167, Sec. 28, 4/7/98)
132.7 NON-APPLICATION TO STRUCTURE CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming structures shall apply to all nonconforming structures existing on the original effective date of the regulations governing such nonconforming structures (unless otherwise indicated), and to all buildings
that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any structure erected in violation of law. (Former Section CZ#A314-25(J)) Your Selections
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- (See also, Section 313 131, Nonconforming Uses.)
132.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming structures, and to establish conditions under which nonconforming structures may be expanded or structurally altered. (Former Section CZ#A314-25(A))
132.2 APPLICABILITY
These regulations shall apply to all nonconforming structures which were constructed in conformance with the County Building Regulations applicable at the time of initial construction, and/or subsequent alteration or modification. (Former Section CZ#A31425(B))
132.3 RIGHT TO CONTINUE TO USE A NONCONFORMING STRUCTURE
A nonconforming structure which is in existence on the effective date of these zoning regulations, or any amendment thereto which makes such structure nonconforming, may be used and maintained indefinitely, except as otherwise specified in these regulations. No structural alterations to a nonconforming structure shall be allowed, except as expressly required by law or as expressly provided herein; unless the structural alterations conform with the applicable development standards of these zoning regulations. (Former Section CZ#A314-25(D))
132.4 RIGHTS PERTAINING TO THE STRUCTURE ITSELF
The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land or of such nonconforming structure, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
132.5 EXPANSION, RECONSTRUCTION, STRUCTURAL ALTERATION OR REPLACEMENT OF NONCONFORMING STRUCTURES AND MANUFACTURED HOMES
132.5.1 Structural Alterations, Reconstruction, and Expansion to Existing Nonconforming Structures. The Director or Hearing Officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion of structures would not conform with development standards. (Former Section CZ#A314-25(G)(1))
132.5.2 Reconstruction of a Nonconforming Structure that is Damaged by any Casualty. The Director may approve a Special Permit for the reconstruction of a nonconforming structure that is damaged by any casualty if application is made within two (2) years after such destruction or damage and if the Director makes all of the required findings in Chapter 2 of this Code. (Former Section CZ#A31425(G)(2))
132.5.3 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations, and the currently effective version of the Uniform Building Codes. (Former Section CZ#A314-25(G)(3))
132.6 SPECIAL PROVISIONS CONCERNING NONCONFORMING MANUFACTURED HOMES
132.6.1 Existing Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (Former Section CZ#A314-25(H)(1))
132.6.2 Replacement in Flood-Prone Area. If a nonconforming manufactured home or recreational vehicle is removed from an area which is subject to the Flood Hazard Area Regulations, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section CZ#A314-25(H)(2); Amended by Ord. 2167, Sec. 28, 4/7/98)
132.7 NON-APPLICATION TO STRUCTURE CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming structures shall apply to all nonconforming structures existing on the original effective date of the regulations governing such nonconforming structures (unless otherwise indicated), and to all buildings
that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any structure erected in violation of law. (Former Section CZ#A314-25(J)) Your Selections
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- (See also, Section 313 131, Nonconforming Uses.)
132.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming structures, and to establish conditions under which nonconforming structures may be expanded or structurally altered. (Former Section CZ#A314-25(A))
132.2 APPLICABILITY
These regulations shall apply to all nonconforming structures which were constructed in conformance with the County Building Regulations applicable at the time of initial construction, and/or subsequent alteration or modification. (Former Section CZ#A31425(B))
132.3 RIGHT TO CONTINUE TO USE A NONCONFORMING STRUCTURE
A nonconforming structure which is in existence on the effective date of these zoning regulations, or any amendment thereto which makes such structure nonconforming, may be used and maintained indefinitely, except as otherwise specified in these regulations. No structural alterations to a nonconforming structure shall be allowed, except as expressly required by law or as expressly provided herein; unless the structural alterations conform with the applicable development standards of these zoning regulations. (Former Section CZ#A314-25(D))
132.4 RIGHTS PERTAINING TO THE STRUCTURE ITSELF
The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land or of such nonconforming structure, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
132.5 EXPANSION, RECONSTRUCTION, STRUCTURAL ALTERATION OR REPLACEMENT OF NONCONFORMING STRUCTURES AND MANUFACTURED HOMES
132.5.1 Structural Alterations, Reconstruction, and Expansion to Existing Nonconforming Structures. The Director or Hearing Officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion of structures would not conform with development standards. (Former Section CZ#A314-25(G)(1))
132.5.2 Reconstruction of a Nonconforming Structure that is Damaged by any Casualty. The Director may approve a Special Permit for the reconstruction of a nonconforming structure that is damaged by any casualty if application is made within two (2) years after such destruction or damage and if the Director makes all of the required findings in Chapter 2 of this Code. (Former Section CZ#A31425(G)(2))
132.5.3 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations, and the currently effective version of the Uniform Building Codes. (Former Section CZ#A314-25(G)(3))
132.6 SPECIAL PROVISIONS CONCERNING NONCONFORMING MANUFACTURED HOMES
132.6.1 Existing Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (Former Section CZ#A314-25(H)(1))
132.6.2 Replacement in Flood-Prone Area. If a nonconforming manufactured home or recreational vehicle is removed from an area which is subject to the Flood Hazard Area Regulations, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section CZ#A314-25(H)(2); Amended by Ord. 2167, Sec. 28, 4/7/98)
132.7 NON-APPLICATION TO STRUCTURE CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming structures shall apply to all nonconforming structures existing on the original effective date of the regulations governing such nonconforming structures (unless otherwise indicated), and to all buildings
that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any structure erected in violation of law. (Former Section CZ#A314-25(J)) Your Selections
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- (See also, Section 313 131, Nonconforming Uses.)
132.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming structures, and to establish conditions under which nonconforming structures may be expanded or structurally altered. (Former Section CZ#A314-25(A))
132.2 APPLICABILITY
These regulations shall apply to all nonconforming structures which were constructed in conformance with the County Building Regulations applicable at the time of initial construction, and/or subsequent alteration or modification. (Former Section CZ#A31425(B))
132.3 RIGHT TO CONTINUE TO USE A NONCONFORMING STRUCTURE
A nonconforming structure which is in existence on the effective date of these zoning regulations, or any amendment thereto which makes such structure nonconforming, may be used and maintained indefinitely, except as otherwise specified in these regulations. No structural alterations to a nonconforming structure shall be allowed, except as expressly required by law or as expressly provided herein; unless the structural alterations conform with the applicable development standards of these zoning regulations. (Former Section CZ#A314-25(D))
132.4 RIGHTS PERTAINING TO THE STRUCTURE ITSELF
The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land or of such nonconforming structure, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
132.5 EXPANSION, RECONSTRUCTION, STRUCTURAL ALTERATION OR REPLACEMENT OF NONCONFORMING STRUCTURES AND MANUFACTURED HOMES
132.5.1 Structural Alterations, Reconstruction, and Expansion to Existing Nonconforming Structures. The Director or Hearing Officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion of structures would not conform with development standards. (Former Section CZ#A314-25(G)(1))
132.5.2 Reconstruction of a Nonconforming Structure that is Damaged by any Casualty. The Director may approve a Special Permit for the reconstruction of a nonconforming structure that is damaged by any casualty if application is made within two (2) years after such destruction or damage and if the Director makes all of the required findings in Chapter 2 of this Code. (Former Section CZ#A31425(G)(2))
132.5.3 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations, and the currently effective version of the Uniform Building Codes. (Former Section CZ#A314-25(G)(3))
132.6 SPECIAL PROVISIONS CONCERNING NONCONFORMING MANUFACTURED HOMES
132.6.1 Existing Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (Former Section CZ#A314-25(H)(1))
132.6.2 Replacement in Flood-Prone Area. If a nonconforming manufactured home or recreational vehicle is removed from an area which is subject to the Flood Hazard Area Regulations, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section CZ#A314-25(H)(2); Amended by Ord. 2167, Sec. 28, 4/7/98)
132.7 NON-APPLICATION TO STRUCTURE CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming structures shall apply to all nonconforming structures existing on the original effective date of the regulations governing such nonconforming structures (unless otherwise indicated), and to all buildings
that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any structure erected in violation of law. (Former Section CZ#A314-25(J)) Your Selections
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- (See also, Section 313 131, Nonconforming Uses.)
132.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming structures, and to establish conditions under which nonconforming structures may be expanded or structurally altered. (Former Section CZ#A314-25(A))
132.2 APPLICABILITY
These regulations shall apply to all nonconforming structures which were constructed in conformance with the County Building Regulations applicable at the time of initial construction, and/or subsequent alteration or modification. (Former Section CZ#A31425(B))
132.3 RIGHT TO CONTINUE TO USE A NONCONFORMING STRUCTURE
A nonconforming structure which is in existence on the effective date of these zoning regulations, or any amendment thereto which makes such structure nonconforming, may be used and maintained indefinitely, except as otherwise specified in these regulations. No structural alterations to a nonconforming structure shall be allowed, except as expressly required by law or as expressly provided herein; unless the structural alterations conform with the applicable development standards of these zoning regulations. (Former Section CZ#A314-25(D))
132.4 RIGHTS PERTAINING TO THE STRUCTURE ITSELF
The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land or of such nonconforming structure, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
132.5 EXPANSION, RECONSTRUCTION, STRUCTURAL ALTERATION OR REPLACEMENT OF NONCONFORMING STRUCTURES AND MANUFACTURED HOMES
132.5.1 Structural Alterations, Reconstruction, and Expansion to Existing Nonconforming Structures. The Director or Hearing Officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion of structures would not conform with development standards. (Former Section CZ#A314-25(G)(1))
132.5.2 Reconstruction of a Nonconforming Structure that is Damaged by any Casualty. The Director may approve a Special Permit for the reconstruction of a nonconforming structure that is damaged by any casualty if application is made within two (2) years after such destruction or damage and if the Director makes all of the required findings in Chapter 2 of this Code. (Former Section CZ#A31425(G)(2))
.5.2 Reconstruction of a Nonconforming Structure that is Damaged by any Casualty. The Director may approve a Special Permit for the reconstruction of a nonconforming structure that is damaged by any casualty if application is made within two (2) years after such destruction or damage and if the Director makes all of the required findings in Chapter 2 of this Code. (Former Section CZ#A31425(G)(2))
132.5.3 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations, and the currently effective version of the Uniform Building Codes. (Former Section CZ#A314-25(G)(3))
132.6 SPECIAL PROVISIONS CONCERNING NONCONFORMING MANUFACTURED HOMES
132.6.1 Existing Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (Former Section CZ#A314-25(H)(1))
132.6.2 Replacement in Flood-Prone Area. If a nonconforming manufactured home or recreational vehicle is removed from an area which is subject to the Flood Hazard Area Regulations, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section CZ#A314-25(H)(2); Amended by Ord. 2167, Sec. 28, 4/7/98)
132.7 NON-APPLICATION TO STRUCTURE CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming structures shall apply to all nonconforming structures existing on the original effective date of the regulations governing such nonconforming structures (unless otherwise indicated), and to all buildings
that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any structure erected in violation of law. (Former Section CZ#A314-25(J)) Your Selections
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- (See also, Section 313 131, Nonconforming Uses.)
132.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming structures, and to establish conditions under which nonconforming structures may be expanded or structurally altered. (Former Section CZ#A314-25(A))
132.2 APPLICABILITY
These regulations shall apply to all nonconforming structures which were constructed in conformance with the County Building Regulations applicable at the time of initial construction, and/or subsequent alteration or modification. (Former Section CZ#A31425(B))
132.3 RIGHT TO CONTINUE TO USE A NONCONFORMING STRUCTURE
A nonconforming structure which is in existence on the effective date of these zoning regulations, or any amendment thereto which makes such structure nonconforming, may be used and maintained indefinitely, except as otherwise specified in these regulations. No structural alterations to a nonconforming structure shall be allowed, except as expressly required by law or as expressly provided herein; unless the structural alterations conform with the applicable development standards of these zoning regulations. (Former Section CZ#A314-25(D))
132.4 RIGHTS PERTAINING TO THE STRUCTURE ITSELF
The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land or of such nonconforming structure, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
132.5 EXPANSION, RECONSTRUCTION, STRUCTURAL ALTERATION OR REPLACEMENT OF NONCONFORMING STRUCTURES AND MANUFACTURED HOMES
132.5.1 Structural Alterations, Reconstruction, and Expansion to Existing Nonconforming Structures. The Director or Hearing Officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion of structures would not conform with development standards. (Former Section CZ#A314-25(G)(1))
132.5.2 Reconstruction of a Nonconforming Structure that is Damaged by any Casualty. The Director may approve a Special Permit for the reconstruction of a nonconforming structure that is damaged by any casualty if application is made within two (2) years after such destruction or damage and if the Director makes all of the required findings in Chapter 2 of this Code. (Former Section CZ#A31425(G)(2))
132.5.3 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations, and the currently effective version of the Uniform Building Codes. (Former Section CZ#A314-25(G)(3))
132.6 SPECIAL PROVISIONS CONCERNING NONCONFORMING MANUFACTURED HOMES
132.6.1 Existing Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (Former Section CZ#A314-25(H)(1))
132.6.2 Replacement in Flood-Prone Area. If a nonconforming manufactured home or recreational vehicle is removed from an area which is subject to the Flood Hazard Area Regulations, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section CZ#A314-25(H)(2); Amended by Ord. 2167, Sec. 28, 4/7/98)
132.7 NON-APPLICATION TO STRUCTURE CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming structures shall apply to all nonconforming structures existing on the original effective date of the regulations governing such nonconforming structures (unless otherwise indicated), and to all buildings
that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any structure erected in violation of law. (Former Section CZ#A314-25(J)) Your Selections
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- (See also, Section 313 131, Nonconforming Uses.)
132.1 PURPOSE
The purpose of these regulations is to establish the rights associated with nonconforming structures, and to establish conditions under which nonconforming structures may be expanded or structurally altered. (Former Section CZ#A314-25(A))
132.2 APPLICABILITY
These regulations shall apply to all nonconforming structures which were constructed in conformance with the County Building Regulations applicable at the time of initial construction, and/or subsequent alteration or modification. (Former Section CZ#A31425(B))
132.3 RIGHT TO CONTINUE TO USE A NONCONFORMING STRUCTURE
A nonconforming structure which is in existence on the effective date of these zoning regulations, or any amendment thereto which makes such structure nonconforming, may be used and maintained indefinitely, except as otherwise specified in these regulations. No structural alterations to a nonconforming structure shall be allowed, except as expressly required by law or as expressly provided herein; unless the structural alterations conform with the applicable development standards of these zoning regulations. (Former Section CZ#A314-25(D))
132.4 RIGHTS PERTAINING TO THE STRUCTURE ITSELF
The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land or of such nonconforming structure, or the nature or the tenure of the occupancy thereof. (Former Section CZ#A314-25(E))
132.5 EXPANSION, RECONSTRUCTION, STRUCTURAL ALTERATION OR REPLACEMENT OF NONCONFORMING STRUCTURES AND MANUFACTURED HOMES
132.5.1 Structural Alterations, Reconstruction, and Expansion to Existing Nonconforming Structures. The Director or Hearing Officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion of structures would not conform with development standards. (Former Section CZ#A314-25(G)(1))
132.5.2 Reconstruction of a Nonconforming Structure that is Damaged by any Casualty. The Director may approve a Special Permit for the reconstruction of a nonconforming structure that is damaged by any casualty if application is made within two (2) years after such destruction or damage and if the Director makes all of the required findings in Chapter 2 of this Code. (Former Section CZ#A31425(G)(2))
132.5.3 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations, and the currently effective version of the Uniform Building Codes. (Former Section CZ#A314-25(G)(3))
132.6 SPECIAL PROVISIONS CONCERNING NONCONFORMING MANUFACTURED HOMES
132.6.1 Existing Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (Former Section CZ#A314-25(H)(1))
132.6.2 Replacement in Flood-Prone Area. If a nonconforming manufactured home or recreational vehicle is removed from an area which is subject to the Flood Hazard Area Regulations, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section CZ#A314-25(H)(2); Amended by Ord. 2167, Sec. 28, 4/7/98)
132.7 NON-APPLICATION TO STRUCTURE CONSTRUCTED IN VIOLATION OF LAW
All of the foregoing provisions pertaining to nonconforming structures shall apply to all nonconforming structures existing on the original effective date of the regulations governing such nonconforming structures (unless otherwise indicated), and to all buildings
that become nonconforming by reason of any amendment thereof. The provisions of this section shall not apply to any structure erected in violation of law. (Former Section CZ#A314-25(J)) Your Selections
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135.1.The meaning and construction of words and phrases as set forth shall apply throughout the Zoning Regulations, except where the context of such words or phrases clearly indicates a different meaning or construction. Definitions contained in the Uniform Building Code shall be applicable except when in conflict with definitions contained in these Zoning Regulations, in which case the Zoning Regulations definition shall prevail. The following general rules of construction shall apply to the textual provisions of the Zoning Regulations: (Former Section CZ#A312-1)
135.1.1. Headings. Section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of the Zoning Regulations. (Former Section CZ#A312-1)
135.1.2. Illustrations. In case of any difference of meaning or implication between the text of any provision and any illustration, the text of the provision shall control. (Former Section CZ#A312-1)
135.1.3. Shall, May, and Should. “Shall” is always mandatory and not discretionary. “May” is permissive or discretionary. “Should” is advisory, in that it, like “may,” is not mandatory, but “should” indicates a policy preference of the County. (Former Section CZ#A312-1)
135.1.4. Tense, Number and Gender. Words used in the present tense include the past and future tense. Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary. The masculine gender includes the feminine and neuter gender, and neuter includes the masculine and feminine, and feminine includes masculine and neuter. (Former Section CZ#A312-1)
135.1.5. Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: (Former Section CZ#A312-1)
135.1.5.1.“And” indicates that all connected items or provisions shall apply.
135.1.5.2.“Or” indicates that the connected items or provisions may apply singly or in any combination.
135.1.5.3.“Either...or” indicates that the connected items or provisions shall apply singly but not in combination.
135.1.6.“Used” includes “arranged for,” “designed for,” “occupied,” or “intended to be occupied for.” (Former Section CZ#A312-1)
135.1.7.All public officials, bodies, and agencies to which reference is made are those of Humboldt County unless otherwise indicated. (Former Section CZ#A312-1)
135.1.8. References to other laws and regulations. Whenever this Code refers to sections of this Code, State Law, or other statutes or regulations, the reference shall be construed to include any successor or amended provisions which have been adopted to replace, renumber, or otherwise change the section(s) reference from that which is contained in this Code.
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Abutting: Land having a common property line or separated only by any alley, easement or private road. (Former Section CZ#A3123)
Access: The place or way by which pedestrians and/or vehicles have usable ingress and egress to a property or use. (Former Section CZ#A312-3)
Access, Coastal Lateral: A recorded dedication or easement granting to the public the right to pass and repass over the dedicator’s real property generally parallel to the mean high tide line. (Former Section CZ#A312-3)
Access, Coastal Public: Public rights-of-way to and along coastal beaches and tidelands. (Former Section CZ#A312-3)
Access, Coastal Vertical: A recorded dedication or easement granting the public the privilege and right to pass and repass over the dedicator’s real property from a public road to the mean high tide line. (Former Section CZ#A312-3)
Accessory Building: (See, Building, Accessory)
Accessory Dwelling Unit: An attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons, that includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot where a single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes a manufactured home, as defined in California Health and Safety Code Section 18007; and a tiny house or moveable tiny house as defined in this code. (See Residential Use Types, Accessory Dwelling Unit, in Section 313-139: Use Types; Tiny House, Section 313-155, Definitions (T); and - Moveable Tiny House, Section 313 148, Definitions (M)).
Accessory Use: (See, Use, Accessory)
Acreage: Land customarily measured in terms of acres rather than square feet. The number of acres, extent in acres.
Address of Convenience: Nonresidential activities associated with any profession, occupation, or hobby, having no employees, receiving no deliveries at the address, and utilizing a private residence only for receiving mail, phone calls, or related record keeping (typically a mobile business). No more than one (1) truck or other motor vehicle of no larger than three-fourths (3/4) of a ton shall be permitted in conjunction with any Address of Convenience. (Former Section CZ#A312-3)
Additional Incentives: Means such regulatory concessions as specified in California Government Code Subsections 65915 (d) and (b). These include, but are not limited to, the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed-use zoning in conjunction with the Housing Development, or any other regulatory incentive resulting in identifiable cost avoidance or reductions offered in addition to a Density Bonus. See, Section 313-112.1, Residential Density Bonus, for further discussion. (Former Section CZ#A314-12.1(B)(1); Added by Ord. 2167, Sec. 25, 4/7/98)
Adequate Off-Street Parking: Parking facilities sufficient to meet anticipated parking demand generated by a use or activity. (See, Section 313-109.1, Off-Street Parking, for parking requirements.)
Administrative Official: The Director of Community Development Services and/or other Planning Division employee designated by the Director. (From Section INL#312-5; Ord. 519, Sec. 205, 5/11/65)
Administrative Services: (See, Civic Use Types, Administrative, in Section D: Use Types.)
Affordable Rent: Means monthly housing expenses, including a reasonable allowance for utilities, for rental Target Units reserved for Very Low or Lower Income Households, not exceeding the following calculations:
a. Very Low Income: Fifty percent of the area median income for Humboldt County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12). (Former Section CZ#A314-12.1(B)(2)(a); Added by Ord. 2167, Sec. 25, 4/7/98)
b. Lower Income: Sixty percent of the area median income for Humboldt County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12). (Former Section CZ#A314-12.1(B)(2)(b); Added by Ord. 2167, Sec. 25, 4/7/98)
(See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(2); Added by Ord. 2167, Sec. 25, 4/7/98)
Affordable Sales Price: Means a sales price at which Lower or Very Low Income Households can qualify for the purchase of Target Units, calculated on the basis of underwriting standards of mortgage financing available for the development. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(3); Added by Ord. 2167, Sec. 25, 4/7/98)
Aggrieved Person: Any person who, in person or through a representative, appeared at a public hearing, held by Humboldt County in accordance with these Zoning Regulations, or who, by other appropriate means prior to action on a development permit, or variance, informed the County of his or her concerns about the application for such permit or who, for good cause, was unable to do
either, and who objects to the action taken on such permit and wishes to appeal such action to a higher authority. (Former Section CZ#A312-3)
Agricultural Activities: (See, Agricultural Use Types, in Section D: Use Types.)
- Agricultural Land, Boundary of Transitional: (See, Section 313 35.1, Transitional Agricultural Lands.)
Agricultural Land: “Agricultural Land” shall mean all real property within the boundaries of Humboldt County which is designated in the General Plan, Local Coastal Program, or any plan element (in these regulations, “designations” or “planned”) and/or zoned for agricultural use. Such designations or zones shall include, but not be limited to Timber Production Zones (TPZ), Agricultural General (AG), Agricultural Exclusive (AE), and any other agricultural designations of zones which may exist or be established by the County in the future. (From Section INL#316.2-1(a); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2138b, Sec. 1, 1/14/97)
Agricultural Land, Non Prime: Agricultural lands that are now in use for crops, grazing, or that are suitable for agriculture, other than Prime Agricultural Land, as defined in these regulations. (Former Section CZ#A312-3)
Agricultural Land, Prime: Per California Government Code Section 51201(c), or any successor provision thereto, with which it is intended that the following definitions be consistent: (Former Section CZ#A312-3)
a.All land which qualifies for rating as Class I or Class II in the Soil Conservation Service land use capability classification;
b.Land which qualifies for rating 80-100 in the Storie Index Rating;
c.Land which supports livestock used for the production of food and fiber which has an annual carrying capacity equivalent to at least one (1) animal unit per acre as defined by the United States Department of Agriculture;
d.Land planted with fruit or nut bearing trees, vines, bushes or crops which have a non-bearing period of less than five (5) years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200.00 per acre.
Agricultural Land, Transitional: A wetland that has been altered for production of crops, including pasture, hay, or other forage, but where hydrophytes typical of non-farmed wetlands will predominate if farming is discontinued. In Humboldt County, these areas are typically diked former tidal marshes or clearly defined non-tidal sloughs used for hay or pasture. (Former Section CZ#A312-3)
Agricultural Operation: “Agricultural Operation” shall mean and include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture, the raising of livestock, fur bearing animals, fish or poultry, and any commercial operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. (From Section INL#316.2-1(b); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 1138b, Sec. 1, 1/14/97)
Agricultural Use Types: (See, Agricultural Use Types in Section D: Use Types.)
Airports: (See, Civic Use Types, Extensive Impact Civic Uses, in Section D: Use Types.)
Alley or Lane: A public or private way permanently reserved as a secondary means of access to abutting properties and not intended for general traffic circulation. (Former Section CZ#A312-3)
Ambulance Services: (See, Civic Use Types, Essential Services, in Section D: Use Types.)
Amendment: Any change, modification, deletion, or addition to the wording, text or substance of the Zoning Regulations or any change, modification, deletion, or addition to the application of the Zoning Regulations to property within Humboldt County, including any alteration in the boundaries of a zone, when adopted by ordinance passed by the Board of Supervisors in the manner prescribed by law. (Former Section CZ#A312-3)
Anadromous Fish Stream: (See, Streams, Anadromous Fish)
Animal Hospital: A building where animals are given medical or surgical treatment for compensation, and boarding of animals is incidental to such treatment. (Former Section CZ#A312-10)
Animal and/or Fish Product Processing: The preparation for wholesale distribution of animal and/or fish products, including but not limited to, slaughtering, fat rendering, fertilizer production, tanning, seafood packing and canning, and distillation of bones. (Former Section CZ#A312-18)
Animal and/or Fish Waste Product Processing: The processing of animal or fish waste and by-products including but not limited to animal manure, animal bedding waste, by-products from fish packing and a similar by-product of an animal raising agricultural operation, or commercial fishing or fish processing operation, for use as a commercial fertilizer or soil amendment and including composting operations. (Former Section CZ#A312-18)
Aquaculture: The culture and husbandry of aquatic organisms, including, but not limited to, fish, shellfish, mollusks, crustaceans, kelp, and algae. “Aquaculture” does not include the culture and husbandry of commercially utilized inland crops, including, but not
limited to, rice, watercress, and bean sprouts. (See also, Industrial Use Types, Aquaculture, in Section D: Use Types.) (Former Section CZ#A312-3)
Automobile Repair:
a. Major: General repair, rebuilding or reconditioning of engines, including removal of same; motor vehicle, truck or trailer collision service, including body, frame or fender straightening or repair; over-all painting or body shop. (Former Section CZ#A312-3(a))
b. Minor: Upholstering, replacement of parts and motor service, not including removal of the motor, to passenger cars and trucks not exceeding one and one-half (1 1/2) tons capacity, but not including any operation under “automobile repair, major.” (Former Section CZ#A312-3(b))
Automobile Service, Gas or Filling Station: A commercial activity which provides servicing, washing and/or fueling of operating motor vehicles, including minor repairs, and the sales of merchandise and supplies incidental thereto. (Former Section CZ#A312-3)
Automobile Wrecking: The dismantling or wrecking of used motor vehicles or trailers, or the storage, or sale, or dumping of dismantled or wrecked vehicles or their parts. The presence of five (5) or more non-operating vehicles on any lot or parcel of land for a period exceeding 30 days, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. (See also, “Wrecking and Salvage Yard.”) (Former Section CZ#A312-3) (Ord. 2717, § 5, 6/27/2023) Your Selections
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Bankfull, Channel: The water surface elevation attained by a stream flowing at capacity, i.e., at a stage above which banks are overflowed. When the water fills the channel to the bankfull stage, its surface is level with the flood plain. (Former Section CZ#A312-4)
Barn: A building used for the shelter of livestock raised on the premises, the storage of agricultural products produced or consumed on the premises, or the storage and maintenance of farm equipment and agricultural supplies used for the agricultural operations on the premises. (Former Section CZ#A312-4)
Beach: A shore consisting at least partly of unconsolidated material deposited by the motion of waters. Most often that material is sand, but may be cobbles or shingle, such as a boulder or rocky beach. (Former Section CZ#A312-4)
Bedload, Average Annual: The average amount of gravel that is carried downstream in a normal year and deposited during the high water season. (Former Section CZ#A312-4)
Berm, Earthen: A mound or embankment of earth, together with necessary retaining structures. (Former Section CZ#A312-4)
Block: All property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a right-ofway, waterway, terminus of dead end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts. (Former Section CZ#A312-4)
Bluff or Cliff Areas: A bluff or cliff is a scarp or steep face of rock, decomposed rock, sediment, or soil resulting from erosion, faulting, folding or excavation of the land mass. The cliff or bluff may be simple planar or curved surface, or it may be step-like in section. For the purposes of this ordinance, “cliff” or “bluff” is limited to those features having vertical relief of ten (10) feet or more, and “sea cliff” is a cliff whose toe is or may be subject to marine erosion. (Former Section CZ#A312-4)
Bluff Edge or Cliff Edge: The upper termination of a bluff, cliff or sea cliff. When the top edge of the cliff is rounded away from the face of the cliff as a result of erosion processes related to the presence of a steep cliff face, the edge shall be defined as that point nearest the cliff beyond which the downward gradient of the land surface increases more or less continuously until it reaches the general gradient of the cliff. In a case where there is a step-like feature at the top of the cliff face, the landward edge of the topmost riser shall be taken to be the cliff edge. (Former Section CZ#A312-4)
Bluff, Coastal: Those bluffs, the toe of which is now or was historically (generally within the last 200 years) subject to marine erosion; and those bluffs, the toe of which is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified as a State Coastal Commission appeals area. (Former Section CZ#A312-4)
Board of Supervisors: The Board of Supervisors of Humboldt County, California. (Former Section CZ#A312-2)
Boarding House: A dwelling or part thereof where meals and/or lodging are provided for compensation, by agreement for definite periods of time, for three or more persons who do not constitute a family. (Former Section CZ#A312-10)
Boating Facilities: (See, Natural Resource Use Types, Boating Facilities, in Section D: Use Types.)
Borrow Pit: An excavation created for the surface mining of rock, unconsolidated geologic deposits or soil which is used off-site. (Former Section CZ#A312-4)
Boundary of Transitional Agricultural Land: (See, Transitional Agriculture Land Regulations at Section 313-35.1, Transitional Agricultural Lands.)
Boundary of a Wetland: (See, Wetland, Boundary of)
Building: Any roofed structure intended for use as human shelter, or shelter or enclosure of animals or property. When such a structure is divided into separate parts by one (1) or more unpierced walls extending from the ground or foundation up, each part is deemed a separate building (does not count towards minimum size yard requirements). (See also, “Structure”) (Former Section CZ#A312-4; INL#312-15; Ord. 519, Sec. 215, 5/11/65)
nded for use as human shelter, or shelter or enclosure of animals or property. When such a structure is divided into separate parts by one (1) or more unpierced walls extending from the ground or foundation up, each part is deemed a separate building (does not count towards minimum size yard requirements). (See also, “Structure”) (Former Section CZ#A312-4; INL#312-15; Ord. 519, Sec. 215, 5/11/65)
a. Accessory: A detached subordinate building located on the same lot as the building or use to which it is accessory. The accessory building is incidental and subordinate to the use of the principal building or to the principal use of the lot. (Former Section CZ#A3124)
b. Detached: Any accessory or main building that does not share at least ten (10) feet of a common wall with any other accessory or main building. (Former Section CZ#A312-4)
c. Height: Heights of buildings and structures shall be measured from the average elevation of the ground covered by the structure to the highest point on the roof. Other objects projecting from or attached to the roof, such as chimneys, stacks, air conditioning
equipment, parapet walls, and conventional television antennae are not included in calculating the highest point. (Former Section CZ#A312-10)
d. Main: A building in which the principal use of the building site is conducted. (Former Section CZ#A312-4)
e. Site: One lot, or two or more lots when used in combination for a building or permitted group of buildings, together with all yards and open spaces as required by these regulations. (See also, Lot.) (Former Section CZ#A312-4)
Building Type: The structural types and arrangements of buildings, and the arrangement of uses within them. (Former Section CZ#A312-4)
Building Type, Mixed Residential-Nonresidential: A group of building types that comprise the following:
a. Limited: A building containing one (1) or more dwelling units (1+du) in any vertical or horizontal arrangement and in which principal nonresidential use types are located only at the ground level, or at any level below the ground level of the building or structure. (Former Section CZ#A312-4)
b. Unlimited: One (1) or more buildings containing one (1) or more dwelling units (1+du) in any vertical or horizontal arrangement and in which principal nonresidential use types may be located on any level of the building. (Former Section CZ#A312-4)
Building Type, Nonresidential: A group of building types that comprise the following:
a. Detached: A single main building, freestanding and structurally separated from other accessory buildings, located on a lot or building site which contains no other main building. (Former Section CZ#A312-4)
b. Attached: Two or more main buildings placed side-by-side with at least ten (10) feet of common wall, located on a lot or building site or portion thereof which may be either occupied or unoccupied by other main buildings. (Former Section CZ#A312-4)
c. Multiple/Group: Two or more main buildings, which may be attached, freestanding or both, located on a lot or building site or portion thereof, which may be either occupied or unoccupied by other main buildings. (Former Section CZ#A312-4)
Building Type, Residential: A group of building types that comprise the following:
a. Single Detached: One (1) dwelling unit, freestanding and structurally separated from any other dwelling unit or building, located on a lot or building site which is unoccupied by any other dwelling unit or main building. (Former Section CZ#A312-4)
b. Duplex: Two (2) dwelling units with at least ten (10) feet of a common wall, structurally separated from any other dwelling unit or building and located on a lot or building site which contains no other dwelling unit or main building. (Former Section CZ#A312-4; Amended by Ord. 2167, Sec. 1, 4/7/98)
c. Multiple Unit: A building containing at least three (3) dwelling units in any vertical or horizontal arrangement, located on a lot or building site which contains no other dwelling unit or main building. (Former Section CZ#A312-4)
d. Manufactured Home: A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more in width, or forty (40) feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; except that a manufactured home constructed to the standards required by the County Building Regulations for a Single Detached Residential Building Type shall be classified as a Single Detached Residential Building Type. The manufactured home building type includes mobile homes. (Former Section CZ#A312-4)
e. Ancillary Residential: A dwelling which is not the principal residence or main building on a lot or parcel, such as an accessory dwelling unit, guest house, caretaker’s residence, farm laborers’ residence, etc. (Former Section CZ#A312-4)
Bus Depots: (See, Civic Use Types, Extensive Impact, in Section D: Use Types.) (Ord. 2717, § 5, 6/27/2023; Ord. 2733, § 3, 3/5/2024)
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Camp, Labor: (See, Residential Use Types, Labor Camp, in Section D: Use Types.)
Camping Party: “Camping Party” as used in this Code has the same meaning as stated in Sec. 18203.2 of the California Health and Safety Code (Camping Party), which is a person or group of not more than 10 persons occupying a campsite for not more than 30 days annually. (Ord. 2167, § 2, 4/7/1998)
Campground, Public: (See, Commercial Use Types, Visitor Serving Facilities in Section D: Use Types. (See also, use type descriptions for: Recreational Vehicle Park.)
Cannabis Farm Stay: (See, Farm Stay.)
Caretaker’s Residence: (See, Residential Use Types, Caretaker’s Residence, in Section D: Use Types.)
Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for cemetery purposes, including, but not limited to, columbariums, crematories, mausoleums, mortuaries and chapels when operated in conjunction with and within the boundary of the cemetery. Cemetery also includes any activity or business designed for the benefit, service, convenience, education or spiritual uplift of property owners or persons visiting the cemetery, if the activity or business is operated in conjunction with and within the boundary of the cemetery, and is both compatible with the purpose of the cemetery and incidental thereto. (Former Section CZ#A312-5)
CEQA: The California Environmental Quality Act, commencing with Section 21000 of the Public Resources Code, or any successor provisions thereto. (Former Section CZ#A312-5)
City: Any incorporated city in Humboldt County. (Former Section CZ#A312-2)
Civic Use Types: (See, Civic Use Types in Section D: Use Types.)
Clinic: Any place, establishment, or institution which operates under the name or title of clinic, dispensary, health center, medical center, or any other word or phrase of like or similar import. Such clinics may operate either independently or in connection with any other use, and shall be for the purpose of furnishing at such clinics advice, diagnosis, treatment, appliances or apparatus to persons who are not residing or confined in the clinic, and who are afflicted with bodily or mental disease or injury. (Former Section CZ#A3125)
CNEL-Ldn: Means “Community Noise Equivalent Level - Day-Night Average Level.” (See, California Government Code Section 65302.)
Coach, Commercial: A structure transportable in one (1) or more sections, designed and equipped for human occupancy for industrial, professional or commercial purposes, which is required to be moved under permit, and shall include a trailer coach. (See, Section 18218, Health and Safety Code, or any successor provision thereto). (Former Section CZ#A312-5)
Coastal Access: (See, Access, Coastal Public)
Coastal Access Program: Includes the policies of the Land Use Plan for acquiring, improving and managing access within the Coastal Zone.
Coastal Commission: The California Coastal Commission, formerly known as the California Coastal Zone Conservation Commission, or any successor agency thereto. (Former Section CZ#A312-5)
Coastal-Dependent Development or Use: (See, Development or Use, Coastal-Dependent)
Coastal-Dependent Recreation: (See, Commercial Use Types, Coastal-Dependent Recreation, in Section D: Use Types.)
Coastal-Related Development: (See, Development, Coastal-Related)
Coastal-Development Permit: (See, Permit, Coastal-Development)
Coastal Streams: (See, Stream, Coastal)
Coastal View: (See, View, Coastal)
Coastal View Area: (See, View Area, Coastal)
Coastal Zone, Humboldt County: The portion of the California Coastal Zone, as defined in the Public Resources Code, which lies within the jurisdiction of the County of Humboldt and as mapped by the California Legislature on 7.5-minute USGS quadrangle maps. (Former Section CZ#A312-5)
Collector Road: (See, Classification of streets in Division 2, Section 4 of Title III of the Code.)
College: A college, junior college or university supported by public funds, or a private college, junior college or university which gives comparable general academic instruction and degrees. (Former Section CZ#A312-5)
Commercial Coach: (See, Coach, Commercial)
Commercial Recreation Facilities: (See, Commercial Use Types, Commercial Recreation, in Section D: Use Types.)
Commercial Timber Use Types: (See, Commercial Timber Use Types in Section D: Use Types.)
Commercial Uses, General Description of: (See, Commercial Use Types in Section D: Use Types.)
Communication Equipment Building: (See, Building Type, Nonresidential, Communication Equipment)
Communication Transmission Facilities: (See, Civic Use Types, Generation and Transmission Facilities, Minor; and Civic Use Types, Electric Distribution Lines, Major, in Section D: Use Types.)
Community Care Facility Use Type: (See Residential Use Types, Community Care Facility, in Section D: Use Types.) (See also, “Family Day Care Center” and “Family Day Care Home”)
Conditional Use: (See, Use, Conditional)
Consolidated Play Surface: Any impervious area, including but not limited to irrigated turf, or open space land suitable for informal recreation opportunities and/or informal sports activities. (Also see, “Useable Open Space”.) (From Section INL#312-21.3; Added by Ord. 2103, Sec. 1, 1/9/96)
Construction, On-Site: Actual construction of the permitted development. “Construction” also includes earth moving activities, such as excavation, compaction and the creation of fills and embankments which are required to prepare a site for construction of structures, roads, landscaping and other improvements. Excavations, fills, grades or embankments which of themselves constitute engineered works such as dams, road cuts, fills, catchment basins or levees are on-site construction. Roads are improvements. (Former Section CZ#A312-5)
Convalescent Home: (See, Private Institution or Rest Home)
Corner Lot: (See, Lot, Corner)
Cottage Industry/Cottage Industry Use Type: (See, Industrial Use Types, Cottage Industry, in Section D: Use Types.)
County: The County of Humboldt. (Former Section CZ#A312-2)
Court: An open, unoccupied space, not including a yard. The space shall be on the same lot with a building or group of buildings that are bound on two or more sides. (From Section INL#312-19; Ord. 519, Sec. 219, 5/11/65)
Coverage, Ground: (See, Lot Coverage) (Ord. 2733, § 3, 3/5/2024)
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Day: A continuous 24 hour period, commencing at 1-minute past midnight unless otherwise specified.
De Minimus Waiver: The waiver of some Coastal Development Permit requirements for development that 1) is consistent with the certified LCP, and 2) involves no potential for any adverse effect; either individually or cumulatively on coastal resources or public access to coastal resources where acquired through use or legislative authorization. (Ord. 2167, § 3, 4/7/1998)
Density: A means of describing population distribution over an area of land. Density is typically expressed as a number of dwelling units or uses allowed on a given amount of acreage (for example: one to seven units per acre (1-7du/a); one dwelling per twenty acres (1du/20a)). Density does not set minimum parcel size; that is done by the zoning. Other types of densities include: (From Section INL#312-22.1(a); Former Section CZ#A312-6)
a. Density, Minimum Parcel Size: The smallest parcel size allowed by the plan or the zone (example: 40-acre minimums or, 20 through 160 acres per parcel). (From Section INL#312-22.1(c))
b. Density, Planned: The density anticipated to be achievable and appropriate for a given area; the density specified for the area in the General Plan, Community Plan, or Local Coastal Program Plan. (From Section INL#312-22.1(b))
Density Bonus: Means a minimum density increase of at least twenty-five percent (25%) unless a lesser percentage is elected by the applicant over the otherwise Maximum Residential Density under the certified LCP. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 313-111. For each 1 percent increase above 10 percent in the percentage of units affordable to lower income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35 percent. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(4); Added by Ord. 2167, Sec. 25, 4/7/98)
Density Bonus Housing Agreement: Means a legally binding agreement between a developer and the County to ensure that the requirements of the Residential Density Bonus Section are satisfied. The agreement, among other things, shall establish: the number of Target Units, their size, location, terms and conditions of affordability, and production schedule. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(5); Added by Ord. 2167, Sec. 25, 4/7/98)
Density Bonus Unit: Means those residential units granted pursuant to the provisions of the Residential Density Bonus Section that exceed the otherwise Maximum Residential Density for the development site. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(6); Added by Ord. 2167, Sec. 25, 4/7/98)
Developed Lot: A lot on which development has occurred. (Former Section CZ#A312-6)
Development: On land, in or under water:
a.the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; (Former Section CZ#A312-6)
b.grading, removing, dredging, mining or extraction of any materials; (Former Section CZ#A312-6)
c.change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; (Former Section CZ#A312-6)
d.change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and (Former Section CZ#A312-6)
e.the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations which are in accordance with a timber harvesting plan submitted pursuant to Public Resources Code Section 4511 and following. (Former Section CZ#A312-6)
Development or Use, Coastal-Dependent: Any development or use in the Coastal Zone which requires a site on, or adjacent to, the sea to be able to function at all. (Former Section CZ#A312-6)
Development, Coastal-Related: Any use in the Coastal Zone that is dependent on a Coastal-Dependent development or use. (Former Section CZ#A312-6)
Development Regulations: Those elements of the zoning code which regulate aspects of physical development; including, but not limited to density, lot size, building type, building height, lot coverage and setback requirements. (Former Section CZ#A312-6)
Dike: A bank constructed to control or confine tidal waters. (See, “Levee” for banks which control non-tidal waters.) (Former Section CZ#A312-6)
Diking: The construction, maintenance and repair of dikes. (Former Section CZ#A312-6)
Distance Between Structures: The shortest horizontal distance measured between the vertical walls of two structures. (Former Section CZ#A312-6)
Division: The Planning Division of Humboldt County Community Development Services.
Drainage Course, Natural: Any well-defined channel, other than a coastal or non-coastal stream, with a distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including, but not limited to, an ephemeral stream which flows only in direct response to precipitation. (Former Section CZ#A312-6)
Drainage Works: Any combination of dikes, levees, tidegates, floodgates, spillways, or natural or artificial drainage channels which are constructed, operated, or maintained for the purpose of preventing or reducing tidal or surface water inundation of land. (Former Section CZ#A312-6)
Dredging: The removal, from a body of water, a wetland, or a drainage course, of either original or recently deposited bottom material, or any other excavation in a body of water, a wetland, or a drainage course. (Former Section CZ#A312-6)
Dune: A low hill or bank of drifted sand. (Former Section CZ#A312-6)
Duplex: (See, Building Type, Residential, Duplex)
Dwelling: (See, Building Type, Residential)
Dwelling Unit: A room or combination of rooms including one and only one kitchen (unless otherwise specified in these regulations), and designed or occupied as living or sleeping purposes for a person or family. (Former Section CZ#A312-6) Your Selections
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Earthen Berm: (See, Berm, Earthen)
Easement: A recorded right or interest in the land of another, which entitles a holder thereof to a use, privilege or benefit over said land. (Former Section CZ#A312-7)
Emergency Vehicle: (See, Vehicle, Emergency)
Employee, Farm: (See Farm Employee)
Energy Facility: Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. (Former Section CZ#A312-7)
Environmental Impact Report (EIR): A report which analyzes the environmental effects of a proposed project pursuant to the CEQA. (Former Section CZ#A312-7)
Environmentally Sensitive Habitat Areas: (See, Habitat Areas, Environmentally Sensitive)
Equivalent Financial Incentive: Means a monetary contribution, based upon a land cost per dwelling unit value, equal to one (1) of the following:
a.A Density Bonus and an Additional Incentive(s); or (Former Section CZ#A314-12.1(B)(7)(a); Added by Ord. 2167, Sec. 25, 4/7/98)
b.A Density Bonus, where an Additional Incentive(s) is not requested or is determined to be unnecessary. (Former Section CZ#A31412.1(B)(7)(b)); Added by Ord. 2167, Sec. 25, 4/7/98)
(See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(7); Added by Ord. 2167, Sec. 25, 4/7/98)
Expansion: An alteration of a structure that results in an increase in size, either in extent or bulk, or an increase in area or volume. (Former Section CZ#A312-7)
Exploration or Prospecting: The search for minerals by geological, geophysical, geochemical or other techniques, including but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent or quality of the minerals present. (Former Section CZ#A312-7)
Exterior Side Yard: (See, Yard, Side, Exterior)
Exterior Wall: (See, Wall, Exterior)
Exterior Lot Line: (See, Lot Line, Exterior)
Extractive Use Types: (See Extractive Use Types in Section D: Use Types.)
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Family: A person living alone or a group of persons living together as a single nonprofit housekeeping unit. “Family” does not include a group occupying a boarding house, lodging house, motel or hotel, fraternity or sorority house. (Former Section CZ#A312-8)
Family Day Care Center: (See Residential Use Types in Section D: Use Types.) (See also, “Community Care Facility” and “Family Day Care Home.”)
Family Day Care Home: (See Residential Use Types, Family Day Care Home, in Section D: Use Types.) (See also, “Community Care Facility” and “Family Day Care Center.”)
Farm Employee: Any person who derives more than half of his total livelihood as an “agricultural employee” as defined by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, (California Labor Code Sec. 1140.4(b). (Former Section CZ#A312-7)
Farm Employee Housing Use Type: (See, Residential Use Types, Farm Employee Housing, in Section D: Use Types.)
Farm Stay: Farm stays are a form of short-term rental that provides activities and experiences that educate guests about local agriculture and are located on parcels where the primary use of the land is agriculture and where the owner, or farm tenant, reside on the property.
Farming: The management or cultivation of land for the production of crops, livestock, or timber. (Former Section CZ#A312-8)
Farmed Wetland: (See, Agricultural Land, Transitional)
Feasible: Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (Former Section CZ#A312-8)
Federal or Federal Government: The Government of the United States of America. (Former Section CZ#A312-2)
Feed Lot: A large yard with pens or stables, other than those part of a typical livestock ranch, where cattle, sheep, or similar animals are kept for finishing, shipment or slaughter. (Former Section CZ#A312-8)
Fill: A deposit of earth or other material by artificial means. (See also, Fill of Wetlands.) (Former Section CZ#A312-8)
Fill of Wetlands: Earth or other substance or material, including piling, placed for the purpose of erecting structures thereon, placed in a wetland or a submerged area. (Former Section CZ#A312-8)
Finding: A specific determination made relative to a given set of circumstances upon which a subsequent decision will be predicated. (Former Section CZ#A312-8)
Finished Grade: (See, Grade, Finished)
Fire Station: Any structure used for the purpose of housing fire trucks, fire-fighting personnel and related equipment owned and operated by a district providing fire protection, or a fire protection entity organized pursuant to Health and Safety Code Sections 14825 and following. (Former Section CZ#A312-8)
Fish Waste Processing: (See, Animal and/or Fish Waste Product Processing)
Fish and Wildlife Habitat Management: (See, Natural Resource Use Types, Fish and Wildlife Habitat Management, in Section D: Use Types.)
Flag Lot: (See, Lot, Flag)
Flea Market: (See, Swap Lot.)
Flood: A general and temporary condition of partial or complete inundation of normally dry land areas as a result of the overflow of inland or tidal water and/or the unusual and rapid accumulation or run-off of surface waters from any source. (Former Section CZ#A312-8)
Flood, 100-Year (or Base Flood): A flood having a one percent (1%) chance of being equaled or exceeded in any given year. (Former Section CZ#A312-8)
Flood Hazard Areas or 100-Year Flood Plain: Those areas subject to inundation within the 100-year floodway and flood plain as identified on the Federal Insurance Administration’s Federal Insurance Rate Maps (FIRM) for Humboldt County. Tsunami runup areas identified on U.S. Army Corps of Engineers 100-year recurrence maps, by other scientific or historic studies and other known areas of tsunami risk. (Former Section CZ#A312-10)
Flood Plain: The area subject to inundation by a 100-year or base flood. (See also, Flood Hazard Areas.) (Former Section CZ#A3128)
Flood Plain Fringe: The part of the flood plain outside of the floodway. (Former Section CZ#A312-8)
Floodgate: A structure located within a levee or dike with a valve designed to permit one way drainage of surface water from land to a wetland, river, or estuary and to prevent inundation of the land. (See also, Tidegate) (Former Section CZ#A312-8)
Floodway (or Regulatory Floodway): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (Former Section CZ#A312-8)
Floor Area: The total of the gross horizontal areas of all floors, including usable basements and cellars, below the roof and within the outer surfaces of the exterior walls of principal or accessory buildings. (Former Section CZ#A312-8)
Front Lot Line: (See, Lot Line, Front)
Front Yard: (See, Yard, Front)
Frontage: The length of any property line of a lot, which lot line abuts a legally accessible street or other right-of-way. (Former Section CZ#A312-8) (Ord. 2749, § 3, 10/1/2024; Ord. 2733, § 3, 3/5/2024) Your Selections
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Garage, Private: An accessory building or a portion of a building designed for the storage of operating motor vehicles, camping trailers or boats belonging to owners or occupants of the site and their guests, including a covered parking space or carport. (Former Section CZ#A312-9)
Garage, Public: Any building or portion thereof or premises, except those herein defined as a private garage, used for the storage or care of operating motor vehicles, trailers and/or boats or where any such are equipped for operation or repair or kept for remuneration and hire. (Former Section CZ#A312-9)
Garage, Storage: Any structure or portion thereof or premises, except those herein defined as private garages, used exclusively for the storage for remuneration or hire of self-propelled vehicles, trailers and boats.
General Plan: The Humboldt County General Plan. (Former Section CZ#A312-2)
Generator, Wind: (See, Wind Generator)
Geologic Hazards: Any of the following: (Former Section CZ#A312-9)
a.Seismic hazard areas delineated on fault maps as subject to potential surface rupture, on soil maps indicating materials particularly prone to shaking or liquefaction and in local and regional seismic safety plans;
b.Landslide hazard areas delineated on slope stability maps and local and regional geologic or safety plans;
c.Beach areas subject to erosion; and
d.Other geologic hazards such as expansive soils and subsidence areas.
Grade: The average of the finished ground level at the center of all walls of a building. (Former Section CZ#A312-9)
Grade, Finished: The finished surface of the ground after grading for development. (Former Section CZ#A312-9)
Grade, Natural: The surface of the ground prior to the grading for development. (Former Section CZ#A312-9)
Greenhouse: A facility for indoor propagation of plants, constructed with transparent or translucent panels. (See, Section 313-69.1, Accessory Structures. (Former Section CZ#A312-9)
Ground Level: Ground level shall mean and include the natural or finished grade, surface or contour of a site. (Former Section CZ#A312-9)
Guest House/Guest House Use Type: The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (See also, Residential Use Types, Guest House, in Section D: Use Types.) (Former Section CZ#A312-9)
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Habitable Room: (See, Room, Habitable)
Habitat Areas, Environmentally Sensitive: Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments, including: (Former Section CZ#A312-10)
a.Areas of special Biological Significance as identified by the State Water Resources Control Board;
b.Rare and endangered species listed in Sections 670.2 or 670.5 of Title 14 of the California Code of Regulations, or Sections 17.11 or 17.12 of Title 50 of the Code of Federal Regulations, pursuant to the Federal Endangered Species Act as rare, threatened or endangered;
c.All coastal wetlands and lagoons;
d.Tidepools and near-shore reefs;
e.Sea caves, islets and offshore rocks;
f.Kelp beds;
g.Indigenous dune plant habitat;
h.Federally designated wilderness and primitive areas;
i.Rivers, creeks, and associated riparian habitats; and
j.Rookeries for herons and egrets.
Hazard Area, Flood: (See, Flood Hazard Areas or 100-Year Flood Plain)
Hazard Areas, Geologic: (See, Geologic Hazard Areas)
Hazardous Industrial Use Type: (See, Industrial Use Types, Hazardous Industrial, in Section D: Use Types.)
Heavy Commercial Use Type: (See, Commercial Use Types in Section D: Use Types.)
Heavy Industrial Use Type: (See, Industrial Use Types, Heavy Industrial, in Section D: Use Types.)
Hearing Officer: The Director of Community Development Services or the designee of the Director, Zoning Administrator, Planning Commission, or other designee of the Board of Supervisors. (Former Section CZ#A312-2; Ord. 946, Sec. 2, 10/2/73)
Height, Building and Other Structures: Heights of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point of the roof. Chimneys, stacks, vents, flagpoles, conventional television reception antennas, elevator, ventilating and air-conditioning equipment, solar water heating equipment, parapet walls and similar architectural and mechanical appurtenances shall be excluded in calculating the measurement. (Former Section CZ#A312-10)
Higher Order Street: (See, Classification of streets in Division 2, Section 4 of Title III of the Code.)
Home Occupation: An accessory use of a nonresidential nature which is performed within a dwelling unit, by an occupant of the living unit and which is clearly incidental and secondary to the residential use of the dwelling unit. Home occupations are subject to the Home Occupation Regulations in this Chapter. (Former Section CZ#A312-10)
Home, Rest: (See, Rest Home)
Home-Share Rental: Short-term rental of a portion of a dwelling unit where the caretaker remains in residence.
Horse Keeping: (See, Stable, Private and Stable, Public)
Hospital: An institution which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to injured persons and which maintains and operates 24-hour inpatient services for the diagnosis and treatment of patients. Any hospital shall be properly licensed by all applicable local, State and/or Federal agencies. (Former Section CZ#A312-10)
Hospital, Animal: A building where animals are given medical treatment for compensation and where the boarding of animals is incidental to such treatment. (Former Section CZ#A312-10)
Hotel: Any building or portion thereof containing living quarters or dwelling units and designed for or intended to be used by transient guests, whether the compensation or hire be paid directly or indirectly, and shall include resort hotel, lodging house, rooming house, dormitory, residence club, fraternity, sorority and other similar uses. (Former Section CZ#A312-10)
House, Boarding: (See, Boarding House)
Housing Cost: Means the sum of actual or projected monthly payments for all of the following associated with for-sale Target Units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. (See, Section 313112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(8); Added by Ord. 2167, Sec. 25, 4/7/98)
Housing Development: Means construction projects consisting of five (5) or more residential units, including single family, multifamily, and manufactured homes for sale or rent. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(9); Added by Ord. 2167, Sec. 25, 4/7/98)
Humboldt County Coastal Zone: (See, Coastal Zone, Humboldt County)
Hydrophytic Plant: (See, Plant, Hydrophytic) (Ord. 2733, § 3, 3/5/2024) Your Selections
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Incidental Public Service Purposes: Includes, but is not limited to, burying cables or pipes or inspection of piers and maintenance of existing intake and outfall lines, that temporarily impact the resources of a habitat area. (Former Section CZ#A312-11)
Industrial Use Types: (See, Industrial Use Types in Section D: Use Types.)
Industry, Coastal-Dependent: (See, Industrial Use Types, Coastal-Dependent, in Section D: Use Types.)
Industry, Coastal-Related: (See, Industrial Use Types, Coastal-Related, in Section D: Use Types.)
Industry, Cottage: (See, Industrial Use Types, Cottage Industry, in Section D: Use Types.)
Industry, Hazardous: (See, Industrial Use Types, Hazardous Industrial, in Section D: Use Types.)
Institution, Private: (See, Private Institution)
Instruction, Commercial: Schools or classes operated within a building to give instruction in any art, profession, trade or business, for compensation, and including but not limited to, instruction in cosmetology, hairdressing, barbering, bartending, music, dancing, typing, shorthand or other business skills, electronics or engineering. (Former Section CZ#A312-11)
Intensive Agriculture: (See, Agricultural Use Types, Intensive Agriculture, in Section D: Use Types.
Interior Side Yard: (See, Yard, Side, Interior)
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Junior Accessory Dwelling Unit: An attached unit that is no more than five hundred (500) square feet contained entirely within a single-family residence that may include separate sanitation facilities or may share sanitation facilities with the existing structure and that includes an efficiency kitchen.
Junk Yard: (See, Wrecking and Salvage Yard) (Ord. 2717, § 5, 6/27/2023)
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Kennel: Any premises, except those accessory to an agriculture use, where five (5) or more small domestic animals, not sick or injured, are boarded for compensation or cared for or trained for hire, or are kept for sale or breeding purposes. (Former Section CZ#A312-13; Ord. 519, Sec. 237, 5/11/65)
Kitchen or Kitchenette: Any space used or designated to be used for cooking and preparing food, whether the cooking unit be permanent or temporary and portable. (Former Section CZ#A312-13)
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Labor Camp/Labor Camp Use Type: (See, Residential Use Types, Labor Camp, in Section D: Use Types.)
Land, Non Prime Agricultural: (See, Agricultural Land, Non Prime)
Land, Prime Agricultural: (See, Agricultural Land, Prime)
Land, Transitional Agricultural: (See, Agricultural Land, Transitional)
Landforms, Natural: Bluffs, cliffs, rock outcrops and other geomorphic features. (Former Section CZ#A312-14)
Lateral Access: (See, Access, Coastal Lateral)
LCP: (See, Local Coastal Program)
Levee: A bank constructed to control or confine non-tidal flood waters. (Also see, “Dike” for banks which control tidal waters.) (Former Section CZ#A312-14)
Licensed Premises: Premises licensed by the State Alcoholic Beverage Control Board for the sale and consumption on the premises of alcoholic beverages. (Former Section CZ#A312-14)
Living Quarters: One (1) or more rooms in a building designed, intended for or used by one (1) or more individuals for living or sleeping purposes, but which does not have cooking facilities. (From INL#312-42; Ord. 519, Sec. 241, 5/11/65)
Loading Space: An area, other than a street or alley, on the same lot with a building or group of buildings which is permanently reserved and maintained for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. (Former Section CZ#A312-14)
Local Coastal Program (LCP): The land use plans, zoning ordinances, and zoning district maps of a local governmental entity, which, when taken together, meet the requirements of, and implement the provisions and policies of, the California Coastal Act at the local level. (Reference: Section 30108.6, Public Resources Code.) (Former Section CZ#A312-14)
Lot: Either of the following:
a.A parcel of contiguous real property shown as a delineated parcel of land with a number or other designation on a map of subdivision recorded in the Humboldt County Recorder’s office; or (Former Section CZ#A312-14(a))
b.A parcel of real property, not described in (a) above, that qualifies for a certificate of subdivision compliance pursuant to Government Code Section 66499.35. (Former Section CZ#A312-14(b))
Lot Area: (See, Lot Size)
Lot, Corner: A lot abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees, but not less than 45 degrees. The front of a corner lot shall be the portion of the lot adjacent to the shorter street frontage. (Former Section CZ#A312-14; INL#312-43(b); INL#312-76(b))
Lot Coverage: The percentage of lot size covered by the vertical projection of any structure, excluding any structure not extending above grade. (Former Section CZ#A312-14)
Lot Depth: The horizontal distance between the rear lot line and the midpoint of the front lot line, measured back from said midpoint in the mean direction of the side lot lines. (Former Section CZ#A312-14)
Lot, Double Frontage: A lot, other than a corner lot, with more than one lot line abutting a road right-of-way. (See also, Lot, Through) (Former Section CZ#A312-14; Added by Ord. 1853, 12/20/88)
Lot, Flag: Lots with narrow street frontage and a long driveway or strip of land connecting with the street. (Former Section CZ#A31214)
Lot, Interior: A lot other than a corner lot. (Former Section CZ#A312-14)
Lot Line: Any property line bounding a lot. When the specific lot line definitions are not applicable due to irregularity in the shape of the lot, lot lines shall be determined by the Administrative Official subject to review by the Planning Commission. When a road, street or highway does not have a right-of-way of record, either by deed or map, the lot line shall be deemed to be twenty-five (25) feet from the centerline of the traveled way. When a State highway does not have a right-of-way of record either by deed or map, the lot line shall be deemed to be thirty (30) feet from the centerline of the traveled way. (Former Section CZ#A312-14; Added by Ord. 1853, 12/20/88)
Lot Line, Exterior: A property line abutting a public or private road or street. (Former Section CZ#A312-14)
Lot Line, Front: The line separating the front of the lot from the street right-of-way. The front of a corner lot shall be the portion of the lot adjacent to the shorter street frontage. When a lot or building site is bounded by a public street and one (1) or more alleys or private easements or private streets, the front lot line shall be the lot line that is nearest to the public street. Where a lot fronts on a public road which does not have a right-of-way of record, see the definition of “Lot Line” to determine the location of the front lot line. In the case of a flag lot, the front lot lines shall also include the lines or portion of lines necessary to ensure adequate vehicular turnaround, as determined by the Director in conjunction with the Department of Public Works. (Former Section CZ#A312-14; INL#312-43(b); INL#312-76(b); Amended by Ord. 1853, 12/20/88)
Lot Line, Rear: The record lot line most distant from and generally opposite the front lot line. Exception: In the case of an interior triangular or wedge-shaped lot, it shall mean a straight line ten (10) feet in length which: (a) is approximately parallel to the front lot line; and (b) intersects the two other lot lines at points most distant from the front lot line. Where the rear lot line abuts a street which does not have a right-of-way of record, see the definition of “Lot Line” to determine the location of the rear lot line. (Former Section CZ#A312-14 ; Amended by Ord. 1853, 12/20/88)
Lot Line, Side: Any lot line which is not a front lot line or rear lot line. Where the side lot line abuts a public road which does not have a right-of-way of record, see the definition of “Lot Line” to determine the location of the side lot line. (Former Section CZ#A31214 ; Amended by Ord. 1853, 12/20/88)
Lot, Manufactured Home: (See, Manufactured Home Lot)
Lot, Mobilehome: (See, Manufactured Home Lot)
Lot Size (includes “Lot Area”): The total area of a lot. For lots less than one acre (1a) in size, lot size shall be the total area of a lot, exclusive of any street, measured horizontally between bordering lot lines. (See also, Density, Minimum Parcel Size) (Former Section CZ#A312-14)
Lot, Substandard: A lot which has been lawfully separated from adjoining property by map or a metes and bounds description, as on a deed, but which does not meet the standards required by the current zoning for a lot or building site. (Former Section CZ#A31214)
Lot, Through: A lot fronting on two parallel or approximately parallel streets. (See also, Lot, Double Frontage) (Former Section CZ#A312-14)
Lot Width: The mean of the horizontal distances between the side lot lines, measured at right angles to the lot depth at points distant thereon twenty (20) feet from the front lot line and twenty (20) feet from the rear lot line. (Former Section CZ#A312-14)
Lower Income: Sixty percent of the area median income for Humboldt County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12). (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(2)(b); Added by Ord. 2167, Sec. 25, 4/7/98)
Lower Income Household: Means households whose income does not exceed the lower income limits applicable to Humboldt County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(10); Added by Ord. 2167, Sec. 25, 4/7/98)
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Main Building: (See, Building, Main)
Maintenance: To support, keep and continue in an existing state or condition without decline or deterioration. (Former Section CZ#A312-15)
Manufactured Home: A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more in width, or forty (40) body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; except that a manufactured home constructed to the standards required by the County Building Regulations for a Single Detached Residential Building Type shall be classified as a Single Detached Residential Building Type. The manufactured home building type includes mobilehomes. (See, Health and Safety Code Sections 18000 and 18200 and following.) (Also see, Manufactured Home Park Development, in Section D: Use Types.) (Former Section CZ#A312-4)
Manufactured Home Lot: An area or tract of land or portion of a manufactured home park designated or used for the occupancy of one manufactured home. (Former Section CZ#A312-15)
Manufactured Home Park Development Use Type: (See, Residential Use Types, Manufactured Home Park Development, in Section D: Use Types.)
Manufacturing: (See, Industrial Use Types, in Section D: Use Types.)
Marine Petroleum Transfer Facility: Any facility that handles, stores, transfers, ships, or receives oil, petroleum products, or natural gas liquids from or to waterborne carriers or offshore production facilities. (Former Section CZ#A312-15)
Maximum Residential Density: Means the maximum number of residential units permitted by the General Plan and Zoning Ordinance at the time of application, excluding the provisions of this Section. If the housing development is within a planned development overlay zone, the maximum residential density shall be determined on the basis of the general plan and the maximum density of the underlying zone. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A31412.1(B)(11); Added by Ord. 2167, Sec. 25, 4/7/98)
Mean Sea Level (MSL): Tidal datum that is the arithmetic mean of hourly water elevations observed over a specific 19-year Metonic cycle (the National Tidal Datum Epoch). Shorter series are specified in the name, for example “monthly mean sea level” and “yearly mean sea level.” For purposes of this ordinance, the MSL shall be considered to be equal to National Geodetic Vertical Datum. (Former Section CZ#A312-15)
Mesophytic Plant: (See, Plant, Mesophytic)
Metallic Mineral Extraction: (See, Extractive Use Types in Section D: Use Types.)
Mined Lands: Includes the surface, subsurface and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land, excavation, workings, mining waste and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations, are located. (See also, Section 313-61.2, Surface Mining and Reclamation.) (Former Section CZ#A312-15)
Mineral: Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to sand, gravel, stone, coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum. (Former Section CZ#A312-15)
Mineral Extraction: (See, Extractive Use Types, Metallic Mineral Extraction, in Section D: Use Types.)
Mini-Storage: One (1) or more buildings used for the storage of goods and materials within self-contained compartments by various users. Also referred to as self-storage.
Minimum Parcel Size: (See, Density, Minimum Parcel Size).
Mining Waste: Includes the residual of soil, rock, mineral, liquid, vegetation, equipment machines, tools or other materials or property directly resulting from, or displaced by a surface mining operation. (Former Section CZ#A312-15)
Minor Development: A development which the County determines satisfies all of the following requirements:
(1) Is consistent with the certified LCP, as defined in Coastal Act Section 30108.6;
(2) Requires no discretionary approvals other than a coastal development permit; and
(3) The project as proposed has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.
(Added by Ord. 2167, Sec. 18, 4/7/98
Mobilehome: (See, Manufactured Home.) (Also see, Manufactured Home Park Development Use Type, in Section D: Use Types.)
Mobilehome Lot: (See, Manufactured Home Lot)
Mobilehome Park: (See, Manufactured Home Park.) (Also see, Manufactured Home Park Development Use Type, in Section D: Use Types.)
Modification: An alteration which introduces new, or eliminates old, elements in the details of a land use or structure, but leaves the general purpose and effect of the structure or use intact. (Former Section CZ#A312-15)
Motel: A building or group of buildings comprising individual living quarters or dwelling units for the accommodation of transient guests which is designed so that parking is on the same building site and is conveniently accessible from the living units without necessarily having to pass through any lobby or interior court. This definition includes auto court, tourist court and motor hotel, but does not include accommodation for recreational vehicles. (Former Section CZ#A312-15)
Moveable Tiny House: A structure no larger than four hundred (400) square feet intended for separate, independent living quarters, designed as a permanent, year-round residence for one (1) household that meets these six (6) conditions:
1.Is licensed and registered with the California Department of Motor Vehicles and meets National Fire Protection Association (NFPA) RV 1192 standards, or if certified after January 1, 2021, meets American National Standards Institute (ANSI) 119.5 Park Model standards. Certification must be made by a qualified third-party inspector accredited through American Society for Testing and Materials;
2.Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection, and is not designed to move under its own power;
3.Is no larger than allowed by California State law for movement on public highways;
4.Has at least one hundred twenty (120) square feet of first floor interior living space;
5.Is a detached self-contained unit that includes basic functional areas that support normal daily routines such as cooking, sleeping, and sanitation; and
6.Substantially complies with local building, health, and safety codes as set forth in this code so that it qualifies as a permanent dwelling.
Multiple Group Building Type: (See, Building Type, Nonresidential, Multiple/Group)
Multiple Unit Dwelling: (See, Building Type, Residential, Multiple Unit Dwelling) (Ord. 2717, § 5, 6/27/2023; Ord. 2749, § 3, 10/1/2024)
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- Nameplate: (See, Section 313 87.3, Signs and Nameplates.)
Natural Drainage Course: (See, Drainage Course, Natural)
Natural Grade: (See, Grade, Natural)
Natural Landforms: (See, Landforms, Natural)
Natural Resource Use Type: (See, Natural Resource Use Types, in Section D: Use Types.)
Neighborhood Commercial Use Type: (See, Commercial Use Types, in Section D: Use Types.)
Nonconforming Structures and Uses: All or a portion of a building, structure or facility, or a use thereof, which was lawfully erected, altered, established or maintained, but which, because of the application of these regulations to it, no longer conforms to the specific regulations applicable to the zone in which it is located. (See, Section 313-131, Nonconforming Uses, and Section 313-132, Nonconforming Structures, in this Chapter, Section B: Regulations That Apply In All Or Several Areas.) (Former Section CZ#A312-16)
Non-Farmed Wetland: (See, Wetland)
Non-operating Vehicles, Storage of: (See, Vehicle Storage, Non-operating Vehicles)
Non-Prime Agricultural Land: (See, Agricultural Land, Non-Prime)
Non-Restricted Unit: Means all units within a Housing Development excluding the Target Units. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(12); Added by Ord. 2167, Sec. 25, 4/7/98)
Non-Tidal Sloughs: (See, Sloughs, Non-Tidal)
Nurseries: (See, Greenhouse)
Nursing Home: (See, Private Institution and Rest Home)
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Office,
a. Business: An office which has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of clients and/or payments, and the keeping of records and accounts pertaining to the particular business. (Former Section CZ#A312-17)
b. Professional: An office from which and at which a doctor or other practitioner of healing arts, a dentist, lawyer, engineer, architect, accountant or similar professional person may offer services, and including medical or dental laboratories. (Former Section CZ#A31217)
Office and Professional Service Use Type: (See, Commercial Use Types in Section D: Use Types.)
Oil and Gas Drilling and Processing: (See, Extractive Use Types, Oil and Gas Drilling and Processing, in Section D: Use Types.)
One-Hundred Year Flood: (See, Flood, 100-Year)
Open Space: (See, Civic Use Types, Public Recreation and Open Space, in Section D: Use Types.)
Open Space Easement: An easement established pursuant to Government Code Section 51050 or 51080, or an easement which ensures the retention of land as open space. (Former Section CZ#A312-17)
Open Space Maintenance Zone: An assessment district, formed by entities with recreational authority, under the provisions of the Landscape and Lighting Act of 1972, or other similar authorizing statute, to fund the maintenance of lands donated to the entity for recreational uses. (From Section INL#312-54.1; Added by Ord. 2103, Sec. 2, 1/9/96)
Open Space, Useable: Useable Open Space describes a consolidated play surface, excluding buildings, streets, parking, landscape strips, and setbacks, dedicated permanently for recreational opportunities and/or informal sports activities through public ownership. (From Section INL#312-73; Added by Ord. 2103, Sec. 3, 1/9/96)
Operator, Surface Mining: Any person who is engaged in surface mining operations, or who contracts with others to conduct operations on that person’s behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation. (Former Section CZ#A312-17)
Overburden: Soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations. (Former Section CZ#A312-17)
Owner, Property: The person or persons, firm, corporation, or partnership holding legal or equitable title or recorded contract of purchase of property, or any person authorized by written instrument to act on behalf of an owner. (Former Section CZ#A312-17)
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Parcel: (See, Lot.) (See also, Density, Minimum Parcel Size)
Parking Area: An open area, other than a street or alley, that contains parking spaces. (Former Section CZ#A312-18)
Parking Space: An unobstructed space or area other than a street or alley which is permanently reserved and maintained for the parking of one motor vehicle. (Former Section CZ#A312-18)
Parkland Dedication: (See Section 313-110.1, Parkland Dedication.)
Path: A dedicated public way intended for pedestrian movement. (Former Section CZ#A312-18)
Permit: Any license, certificate, approval, or other entitlement for use granted or denied by any public agency. (Former Section CZ#A312-18)
Permit, Coastal Development: A permit for any development within the Coastal Zone that is required under Public Resources Code Section 30600(a) and issued pursuant to Chapter 2 of these regulations. (Former Section CZ#A312-18)
Permitted: A use, facility or activity which is allowed, subject to applicable permit requirements and all other applicable regulations. (Former Section CZ#A312-2)
Person: Any individual, organization, partnership, corporation, city, county, district, or the state or any department or agency thereof. (See, Public Resources Code Section 4525). (Former Section CZ#A312-18)
Piling Fence: A wooden barrier, such as a groin or revetment, designed to prevent erosion of a river bank. Piling fences typically consist of vertical piles placed within and adjacent to the channel with horizontal or diagonal crossties of cable or wood. (Former Section CZ#A312-18)
Plan, Timber Management: (See, Timber Management Plan)
Planned Unit Development: An integrated development located on a single building site, or on two or more building sites which may be separated only by a street or other right-of-way. This development technique permits variable parcel sizes but limits the overall density so it is consistent with the gross densities permitted in the zone. The purpose of Planned Unit Developments is to provide development compatible with environmental, geologic or topographic features of a parcel. Such developments shall be carried out in accordance with a detailed, comprehensive plan encompassing such elements as the location of structures, the circulation pattern, parking facilities, open space, and utilities. The comprehensive plan shall further provide a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of the persons occupying or utilizing the property. Planned Unit Developments are subject to the Planned Unit Development Regulations and the Planned Unit Development Permit Procedure. (Former Section CZ#A312-18)
Planning Commission: The Planning Commission of Humboldt County as established by the Board of Supervisors. (Former Section CZ#A312-2)
Plant:
a. Hydrophytic: Any plant growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (i.e., plants typically found in wet habitats). (Former Section CZ#A312-18)
b. Mesophytic: Any plant growing where moisture and aeration conditions lie between extremes (i.e., plants typically found in habitats with average moisture conditions, not usually dry or wet.) (Former Section CZ#A312-18)
c. Xerophytic: Any plant growing in a habitat in which an appreciable portion of the rooting medium dries to the wilting coefficient at frequent intervals (i.e., plants typically found in very dry habitats). (Former Section CZ#A312-18)
Pool, Swimming: (See, Swimming Pool)
Prime Agricultural Land: (See, Agricultural Land, Prime)
Principal Permitted Use: (See, Use, Principal Permitted)
Private Garage: (See, Garage, Private)
Private Institution Use Type: (See, Commercial Use Types, Private Institution, in Section D: Use Types.)
Private Recreation Use Type: (See, Commercial Use Types in Section D: Use Types.)
Processing, Animal and Fish Products: (See, Animal and Fish Product Processing)
Processing, Animal and Fish Waste Products: (See, Animal and Fish Waste Product Processing)
Processing, Timber Products: (See, Industrial Use Types, Timber Products Processing, in Section D: Use Types.)
Project: (See, Development)
Psychiatric Facility: An institution in which care or treatment is given to persons suffering from mental illness, disease, disorder or ailment. Such facilities include, but are not limited to, psychiatric hospitals, day treatment hospitals, long-term care facilities, residential treatment centers, family homes (for the mentally ill), alcoholism hospitals, and facilities for admission of drug addicts all as defined in Article 2 of Subchapter 1 of Title 9 of the California Code of Regulations, or any successor provision thereto. (Former Section CZ#A312-18)
Public Coastal Access Facilities: (See, Natural Resource Use Types, Public Coastal Access Facilities, in Section D: Use Types.)
Public Garage: (See, Garage, Public)
Public Road: (See, Street, Public)
Public Stables: (See, Stables, Public)
Public Use: A use operated exclusively by a governmental agency or public agency which has the purpose of serving the public health, safety, convenience or general welfare, and including but not limited to such uses as schools, parks, playgrounds, educational, recreational and social facilities, libraries, museums, firehouses, courthouses, hospitals and administrative service facilities. Public use shall also include the operation of any foster home or shelter care home licensed by the County Department of Social Services or designated by the County Probation Department or any court. (See also, Civic Use Types in Listing of Use Type Classifications in Section D: Use Types.) (From Section INL#312-58; Ord. 519, Sec. 254, 5/11/65)
Public Utility: A company or corporation regulated by the California Public Utilities Commission. (Former Section CZ#A312-18)
Public Works: All production, storage, transmission, and recovery facilities for water, sewage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities. Public Works shall further include: (Former Section CZ#A312-18)
a.All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities. (Former Section CZ#A312-18)
b.All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district; (Former Section CZ#A312-18)
c.All community college facilities. (Reference: Public Resources Code Section 30114.) (Former Section CZ#A312-18) Your Selections
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Qualifying Resident: Means senior citizens or other persons eligible to reside in Senior Citizen Housing. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(13); Added by Ord. 2167, Sec. 25, 4/7/98)
Quasi-Public Use: A use operated by a private nonprofit educational, religious, recreational, charitable, fraternal, or medical institution, association or organization. Quasi-Public Uses include, but are not limited to churches, private school, universities, community recreational, educational and social facilities, meeting halls, private hospitals and other similar facilities. (See also, Civic Use Types in Section D: Use Types.) (From INL#312-59; Ord. 519, Sec. 256, 5/11/65)
Quimby Act: (See Section 313-110.1, Parkland Dedication.)
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Rear Lot Line: (See, Lot Line, Rear)
Rear Yard: (See, Yard, Rear)
Reclamation: The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures. (See also, Section 313-61.2, Surface Mining and Reclamation.) (Former Section CZ#A312-20)
Recreation, Commercial: (See, Commercial Use Types, Commercial Recreation, in Section D: Use Types.)
Recreation, Private: (See, Commercial Use Types, Private Recreation, in Section D: Use Types.)
Recreational Facilities, Commercial: Facilities serving recreational needs but operated for private profit, including, for example, special occupancy parks, tent camps, chartered fishing boats, tourist attractions and amusement or marine parks. (See also, Commercial Use Types, in Section D: Use Types.) (Former Section CZ#A312-20; Amended by Ord. 2167, Sec. 4, 4/7/98)
Recreational Off-Road Vehicle: (See, Vehicle, Recreational Off-Road)
Recreational, Resource-Related: (See, Natural Resource Use Types, Resource-Related Recreational, in Section D: Use Types.)
Recreational Vehicle: “Recreational Vehicle” as used in this Code has the same meaning as stated in Sec. 18010 of the California Health and Safety Code (recreational vehicle). “Recreational Vehicle” is a motor home, travel trailer, truck camper or camping trailer, with or without a motor, designed for human habitation for recreational, emergency, or other occupancy, with a living area less than 320 square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. (See also, “Vehicle, Recreational Off-Road” and “Manufactured Home.”) (Former Section CZ#A312-20; Amended by Ord. 2167, Sec. 4, 4/7/98)
Recreational Vehicle Park: “Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles or tents, and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in Section 313-113.1, Special Occupancy Parks. (See also, definition of “Special Occupancy Park.”) (Former Section CZ#A312-20; CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
Refuse Disposal Site: (See, Civic Use Types, Solid Waste Disposal, in Section D: Use Types.)
Repair: To restore to a sound state after decay, dilapidation, or partial destruction, and to restore to the original existing structure that which is lost or destroyed. (Former Section CZ#A312-20)
Replacement: Providing, within an existing structure, a substitute for some component, where the substitution is of the same character and extent as that which it is replacing. (Former Section CZ#A312-20)
Residential Use Types: (See Residential Use Types, in Section D: Use Types.)
Resource Protection Maps: Maps which designate certain natural resources and resource values within the Humboldt County Coastal Zone, such as coastal view areas, coastal scenic areas, wetlands, dunes and beaches, which together with the land use maps and plan text for each planning area constitute the Land Use Plan Element of the Humboldt County Local Coastal Program. (Former Section CZ#A312-20)
Rest Home: Any place or institution which makes provisions for bed care or convalescent care for one (1) or more persons, exclusive of relatives, who by reasons of illness or physical infirmity are unable to care for themselves. Rest home does not include any facility in which persons suffering from contagious or communicable disease are kept, and in which surgical or other primary treatments such as are customarily provided in sanitariums or hospitals are performed. Rest homes shall include all places defined in Title 17 of the California Code of Regulations, or any successor provision thereto, and licensed as nursing or convalescent homes. (See also, Private Institution) (Former Section CZ#A312-20)
Retail Sales: (See, Commercial Use Types, Retail Sales, in Section D: Use Types.)
Retail Service: (See, Commercial Use Types, Retail Service, in Section D: Use Types.)
Revetment: A facing of rock or rubble to prevent erosion of a shore or river bank. (Former Section CZ#A312-20)
Right-of-Way: An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both. (See also, Easement) (Former Section CZ#A312-20)
Riparian Vegetation: Vegetation commonly occurring adjacent to stream banks and including, but not limited to such plants as willows, alders, cottonwood, wax myrtle, big leaf maple, California laurel, red elderberry, etc. (Former Section CZ#A312-20)
Road: (See, Street)
Roadside Stand: A temporary structure designed or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located, or produced upon other sites under the same ownership as that of the premises on which the stand is located. (Former Section CZ#A312-20)
Rock Hard Point: A groin constructed of rock or rubble to prevent erosion of a riverbank. (Former Section CZ#A312-20)
Room, Habitable: Any room in a main or accessory building, except a bathroom, water closet, hall, storage space, utility room, foyer, communicating hall, pantry, laundry, or unfinished attic, basement or cellar. (Former Section CZ#A312-20)
Rooming House: (See, Hotel)
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Sanitarium: (See, Private Institution and Rest Home)
Sea: The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding non-estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels. (Former Section CZ#A312-21)
Sea Cliff: For the purposes of this ordinance, “cliff” or “bluff” is limited to those features having vertical relief of ten (10) feet or more, and “sea cliff” is a cliff whose toe is or may be subject to marine erosion. (See also, “Bluff” and “Cliff.”) (Former Section CZ#A312-4)
Seawall: An upright structure designed to prevent erosion of a sea cliff by wave attack. (Former Section CZ#A312-21)
Secondhand Merchandise/Goods: Used common household items including clothing, personal effects, household furnishings, appliances, and office equipment and furnishings.
Section: A Section of the Zoning Regulations unless otherwise indicated. (Former Section CZ#A312-2)
Semi-Detached: (See, Building Type, Residential, Semi-Detached)
Senior Citizen Housing: Means a housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et. seq., including 12955.9 in particular), which has been “designed to meet the physical and social needs of senior citizens,” and which otherwise qualifies as “housing for older persons” as that phrase is used in the federal Fair Housing Amendments Act of 1988 (PL 100-430) and implementing regulations and as that phrase is used in California Civil Code Sections 51.2 and 51.3. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B) (14); Added by Ord. 2167, Sec. 25, 4/7/98)
Sensitive Habitat Areas: (See, Habitat Areas, Environmentally Sensitive)
Service Station, Auto: (See, Automobile Service, Gas or Filling Station)
Setback: A required specified distance between buildings or structures or structures and a lot line or lines, measured perpendicularly in a horizontal plane extending from the complete length of said lot line or lines. (Former Section CZ#A312-21)
Setback, Front Yard: The setback applicable in the front yard of a lot. (Former Section CZ#A312-21)
Setback, Rear Yard: The setback applicable in the rear yard of a lot. (Former Section CZ#A312-21)
Setback, Side Yard: The setback applicable in the side yard of a lot. (Former Section CZ#A312-21)
Setback, Stringline Method of Development: In a developed area where new construction is generally infilling and is otherwise consistent with the provisions of this ordinance, no part of a proposed new structure, including decks, shall be built closer to a wetland than a line drawn between the most seaward portions of the adjacent structures on adjacent lots. (Former Section CZ#A312-21)
Short-Term Rental: Permitted or legal nonconforming dwelling units, rented to guests for thirty (30) consecutive days or fewer.
Short-Term Rental Caretaker: The person or persons that lives in the subject dwelling unit, attends to day-to-day operations associated with the maintenance of the short-term rental and who is the point of contact for neighborhood concerns.
Short-Term Rental Permit Holder (“Permit Holder”): The person or persons that has control and responsibility for the shortterm rental of a dwelling unit and that is responsible for ensuring compliance with all applicable laws and regulations.
Side Lot Line: (See, Lot Line, Side).
Side Yard: (See, Yard, Side).
Sign: A structure whether located inside or outside a building, which is visible from any lot line, and the primary purpose of which is the conveyance of an idea, advertisement, endorsement, identification, or information, by means of visual symbols, lettering, illustration, or any other means of directing attention or communication. A sign includes display surfaces together with such improvements as are utilized in supporting, maintaining, and illuminating the display surfaces, and is subject to the Sign Regulations - of this Code. (See also, Section 313 87.3, Signs and Nameplates.) (Former Section CZ#A312-21)
on, by means of visual symbols, lettering, illustration, or any other means of directing attention or communication. A sign includes display surfaces together with such improvements as are utilized in supporting, maintaining, and illuminating the display surfaces, and is subject to the Sign Regulations - of this Code. (See also, Section 313 87.3, Signs and Nameplates.) (Former Section CZ#A312-21)
Sign, Area: The display surface space within a single continuous perimeter which contains or could contain words, letters, figures or symbols together with any frame, material or color forming an integral part of the display, but excluding support structures, faces of buildings, and incidental parts not drawing attention to the subject matter. The area of a sign shall be calculated by multiplying the maximum vertical dimension by the maximum horizontal dimension of such display surface space. With respect to double-faced signs,
the area of both display surfaces shall be included in the total sign area. (See also, Section 313-87.3, Signs and Nameplates.) (Former Section CZ#A312-21)
Slough, Nontidal: Any portion of a slough which is not inundated with sea water by the daily ebb and flow of the tides. (Former Section CZ#A312-21)
Snag: A standing dead tree or part thereof, regardless of species. (Former Section CZ#A312-21)
Solid Waste Disposal Site: (See, Civic Use Types, Solid Waste Disposal, in Section D: Use Types.)
Special Area: A designated area, subject to the provisions of the Special Area Regulations, as indicated by an alphabetical letter shown on the zoning maps. (Former Section CZ#A312-21)
Spillways: An alteration of a dike or levee above the level of mean high water for the purpose of drainage of flood waters. (Former Section CZ#A312-21)
Stable:
(a) Private: A detached accessory building for the shelter of horses or similar hoofed animals for the use of the residents and their non-paying guests. (Former Section CZ#A312-21)
(b) Public: A stable other than a private stable where horses and other animals, used for recreational riding, performing, packing or similar purposes, are available for hire, or are sheltered or fed for compensation. Facilities for privately owned horses not sheltered or fed for compensation, horses less than 1 year of age, public horses kept exclusively for grazing purposes in open pasture, and horses used for breeding purposes are not public stables. (See, Agricultural Use Types, Stables and Kennels, in Section D: Use Types.) (Former Section CZ#A312-21; Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99)
State: The State of California. (Former Section CZ#A312-2)
State Board: The State Mining and Geology Board, in the Department of Conservation of the State of California. (Former Section CZ#A312-21)
Storage Garage: (See, Garage, Storage)
Storage of Non-operating Vehicles: (See, Vehicle Storage, Non-operating)
Stream, Anadromous Fish: Natural watercourse, largely located in the Coastal Zone, providing habitat for salmon, steelhead, coastal cutthroat trout and, in the Coastal Zone, limited to the following: In the North Coast Planning Area: McDonald Creek, Maple Creek; In the Trinidad Planning Area: Mill Creek, Luffenholtz Creek; In the McKinleyville Planning Area: Little River, Patrick Creek, Strawberry Creek, Widow White Creek, Mill Creek; and in the South Coast Planning Area: Telegraph Creek. (Former Section CZ#A31221)
Stream Bed Skimming: All or any part of the process involved in the removal by any method of sand, gravel, rock or other earthen material from stream beds or stream channel bars normally subject to inundation during winter flows. Stream bed skimming includes, but is not limited to: (Former Section CZ#A312-21)
(a) On-site processing of extracted material, including screening, washing, crushing, stockpiling or batching.
(b) .The production and disposal of mining waste.
- (c) .Processing and exploratory activities.
Stream Channel: That portion of a drainage course which extends to the stream transition lines on both sides. (Former Section CZ#A312-21)
Stream, Coastal: In the Coastal Zone, a natural water course as designated by a solid line or dash and three dots symbol shown on the largest scale United States Geological Survey map most recently published, or as corrected to reflect conditions as they actually exist on the ground as provided in the Streams and Riparian Corridors Protection regulations applicable in the Coastal Zone. (Former Section CZ#A312-21)
Stream Transition Line: That line closest to a stream where riparian vegetation is permanently established. (Former Section CZ#A312-21)
Street: A public or private right-of-way, not less than ten (10) feet in width, which provides a primary means of vehicular access to abutting property. When a road, street or highway does not have a clearly delineated right-of-way of record, either by deed or map, the boundary between the street and the abutting lots shall be deemed to run parallel to the centerline of the street, at a distance of twenty-five (25) feet from both sides of the centerline. (Former Section CZ#A312-21; Ord. 519, Sec. 261, 5/11/65)
Street, Centerline of: The center of an existing or planned road right-of-way, or as otherwise defined by the Humboldt County map of publicly maintained road systems. (Former Section CZ#A312-21)
Street, Public: A road open to the general public which is: (a) in the State or County road system; or (b) a road on which a public agency has a deeded, unlimited easement. (Former Section CZ#A312-21)
Street Line: The boundary between a street right-of-way and abutting property. (From Section INL#312-65; Ord. 519, Sec. 262, 5/11/65)
Stringline Method of Development Setback: (See, Setback, Stringline Method of Development)
Structural Alterations: Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines. (Former Section CZ#A312-21)
Structure: Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including swimming pools and signs. Recreational vehicles used for human occupation are considered structures. (Former Section CZ#A312-21; Amended by Ord. 1875, Sec. 1, 9/26/89; Amended by Ord. 2167, 4/7/98)
(a) “Structure” does not include decks and platforms thirty (30) inches or less in height, signs three (3) feet or less in height, driveways, patios, or parking spaces where the area is unobstructed from the ground up, or fences seven (7) feet or less in height. (Former Section CZ#A312-21; Amended by Ord. 1875, Sec. 1, 9/26/89)
(b) For zoning setback purposes only, retaining walls six (6) feet or less in height are not considered structures. (Building permits may be required for retaining walls.) Decks and platforms thirty (30) inches or less in height must conform with setback standards of this code. (Former Section CZ#A312-21; Amended by Ord. 1875, Sec. 1, 9/26/89)
(c) Structures, unless exempt, may require a Coastal Development Permit in the Coastal Zone. (Former Section CZ#A312-21; Amended by Ord. 1875, Sec. 1, 9/26/89)
(d) It should be noted that placement of buildings, structures and vegetation along public roads is also regulated by Chapter 1 of Division 4 of this Title III of the Code (Visibility Obstruction Regulations), at Section 341 and following. (Former Section CZ#A312-21; Amended by Ord. 1875, Sec. 1, 9/26/89)
Structure for Human Occupancy: Any structure used or intended for supporting or sheltering any use or occupancy, which is expected to have a human occupancy rate of more than 2,000 person-hours per year. The number of person hours is calculated by adding all hours spent by all persons who will be occupying the premises during any one typical 12-month period. (Former Section CZ#A312-21)
Structure, Nonconforming: All or a portion of a building, structure or facility, or a use thereof, which was lawfully erected, altered, established or maintained, but which, because of the application of these regulations to it, no longer conforms to the specific regulations applicable to the zone in which it is located. (See, Section 313-131, Nonconforming Uses, and Section 313-132, Nonconforming Structures.) (Former Section CZ#A312-21)
Structure, Shoreline Protection: Revetments, breakwaters, bulkheads, graving yards, groins, seawalls, and other such construction which alters natural shoreline processes. (Former Section CZ#A312-21)
Subdivision: The division, by any subdivider, of any unit or units of improved or unimproved land or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. “Subdivision,” includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land only for purposes of computing the number of parcels; such conveyances are subject to all other land division requirements. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. See, Government Code Section 66424. (Former Section CZ#A312-21)
It should be noted that any division, by lease or otherwise, of agricultural or timber production lands may be subject to state or local laws, or land conservation contracts (see, for example, Government Code Section 51100 and following (timberland generally), Section 51119.5 relating to division of timber lands, and Section 51230 relating to agricultural preserves).
Subordinate: Subordinate, in the context of defining a subordinate structure, means a structure of lesser bulk and less prominence, as determined by considering the combined effect of yard setbacks, ground coverage, height and form. (From Section INL#312-67.1; Ord. 1633, Sec. 5, 3/13/84)
Substitution of Use (Activities): The replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change solely of ownership, tenancy, or management, where the previous business activity or other type of use is substantially unchanged. (Former Section CZ#A312-21)
Surface Mining: (See, Extractive Use Types, Surface Mining, in Section D: Use Types.) (See also, other various definitions of words and phrases related to surface mining operations, and Section 313-61.2, Surface Mining and Reclamation, in this Chapter.)
Surface Mining Operations: (See also, Section 313-61.2, Surface Mining and Reclamation.) Surface mining “operations” mean: (Former Section CZ#A312-21)
(a) All or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger methods, dredging and quarrying or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to:
(1) Inplace distillation, retorting or leaching.
(2) The production and disposal of mining waste.
(3) Prospecting and exploratory activities.
(b) Borrow pitting, stream bed skimming, segregation and stockpiling of mined minerals and recovery of same.
c.Earth moving activities which result in excavations, fills, grades, or embankments which will not be beneficially modified by the construction of structures, landscaping, or other land improvement, and which do not of themselves constitute engineered works.
Swap Lot: A building, structure, enclosure, lot or other area into which persons are admitted to display, exchange, barter, sell or bargain for new or used merchandise. (Also called “Flea Market” or “Flea Mart.”) (Former Section CZ#A312-21)
Swap Meet: The activity carried on in a swap lot. (Former Section CZ#A312-21)
Swimming Pool: Any confined body of water which exceeds two (2) feet in depth, which is located either above or below the existing finished grade of the site, and which is designed, used or intended to be used for swimming, bathing or therapeutic purposes. (Former Section CZ#A312-21) (Ord. 2717, § 5, 6/27/2023; Ord. 2749, § 3, 10/1/2024; Ord. 2733, § 3, 3/5/2024) Your Selections
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Target Unit: Means a dwelling unit within a Housing Development that will be reserved for sale or rent to, and affordable to, Very Low or Lower Income Households, or Qualifying Residents. In determining the maximum Affordable Rent or Affordable Sales Price of Target Units the following household and unit size assumptions shall be used, unless the Housing Development is subject to different assumptions imposed by other governmental regulations: (See below table.)
| SRO(residential hotel)unit | 75% of 1person |
|---|---|
| 0 bedroom(studio) | 1person |
| 1 bedroom | 2persons |
| 2 bedroom | 3 persons |
| 3bedroom | 4 persons |
| 4bedroom | 6persons |
(See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(15); Added by Ord. 2167, Sec. 25, 4/7/98)
Through-lot: (See, Lot, Through)
Tidegate: A structure with a valve and located in a dike designed to permit the one way drainage of surface water from land to a wetland or estuary and to prevent tidal inundation of the land. (See also, Floodgate (non-tidal waters). (Former Section CZ#A312-22)
Timber, Commercial Timber Use Types: See Commercial Timber Production Use Types in Section D: Use Types.)
Timber Harvest: The cutting and removal of timber or other solid wood forest products from timberlands for commercial purposes, together with all of the work incidental to the harvest. The incidental work includes, but is not limited to fire hazard abatement, and construction and maintenance of roads, fuel breaks, fire breaks, stream crossings, landings, skid trails, and beds for the falling of trees. “Timber Harvest” does not include cutting or removal of timber for creating building pads or access to a legal building site, when such cutting or removal is approved as a part of the building and/or encroachment permit. “Timber Harvest” also does not include the removal of diseased or dangerous trees that have no commercial value. Removal or harvest of incidental vegetation from timberlands such as berries, ferns, greenery, mistletoe, herbs, and other products, which action cannot normally be expected to result in a threat to forest, air, water, or soil resources, does not constitute timber harvesting or production. (Former Section CZ#A312-22)
Timber Management: The cutting or removal of the timber, other solid forest wood products, or other vegetation from timberlands for the purpose of improving the productivity of commercial species on the site, together with all of the work incidental to this activity, such as construction and maintenance of roads, fuel breaks, fire breaks, stream crossings, and fire hazard abatement. Timber management activities include, but are not limited to, pre-commercial thinning, removal of non-preferred species (release), pruning, site preparation, protection practices, and incidental follow-up treatments. Pruning, protection practices (including such activities as placement of protective devices around trees and trappings), and incidental follow up treatments do not constitute development as defined by the Coastal Act of 1976. (See the definition of “Development.”) (Former Section CZ#A312-22)
Timber Management Plan: A written plan for development and utilization of timber resources and compatible uses which assures the continued viability of the timberland, and which includes reasonable rotation and harvest cycle data. (Former Section CZ#A31222)
Timber Product Processing: (See Industrial Use Types, Timber Products Processing, in Section D: Use Types.)
Timber Production: (See, Timber Management.)
Timberland: Land, other than land owned by the Federal government and land designated by the Board of Forestry as experimental forest land, which is available for, and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, including Christmas trees. (See, Public Resources Code Section 4526) (Former Section CZ#A312-22)
Tiny House: A structure intended for separate, independent living quarters, designed as a permanent, year-round residence for one (1) household that:
1.Is built or installed on a permanent foundation or anchored with a foundation system meeting State-approved requirements for manufactured housing, or that is designed by a licensed architect or engineer to meet those requirements;
2.Is no larger than four hundred (400) square feet;
3.Has at least one hundred twenty (120) square feet of first floor interior living space;
4.Is a detached self-contained unit that includes basic functional areas that support normal daily routines such as cooking, sleeping, and sanitation.
Trailer: Any vehicle without a motor or designed to be drawn by a motor vehicle and to be used as a selling or advertising device, or used for storage or conveyance of tools, equipment, or machinery, and so designed that it is mounted on wheels and may be used as a conveyance on highways and streets. Trailers may be moved upon a public highway without a Special Permit or chauffeur’s license or both. The term trailer does not include the terms “camp trailer,” “trailer coach,” “travel trailer,” “automobile trailer,” or “house trailer.” (See also, “Recreational Vehicle.”) (Former Section CZ#A312-22)
Trailer Park: (See, Recreational Vehicle Park)
Transient Habitation: (See, Commercial Use Types, Transient Habitation, in Section D: Use Types.)
Transient Services: When used in conjunction with boarding or lodging, it means services that are charged for in units of less than one month and where the majority of people utilizing such services remain for periods of less than three months. (Former Section CZ#A312-22)
Transitional Agricultural Land: (See, Agricultural Land, Transitional)
Transitional Agricultural Land, Boundary of: (See, Agricultural Land, Boundary of Transitional)
Treatment Works: “Treatment Works” shall have the same meaning as set forth in the Federal Water Pollution Control Act (Title 33 of the U.S. Code, Section 1251 and following) and any other Federal Act which amends or supplements the Federal Water Pollution Control Act. (Former Section CZ#A312-22) (Ord. 2717, § 5, 6/27/2023) Your Selections
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Urban Limit Line: Generally found in the Coastal Land Use Plans, these are a delineation of lands where urban use types, densities, and intensities of development may be permitted. (Former Section CZ#A312-23)
Use: The purpose or activity for which land, a building, or a structure is occupied, arranged, designed, or intended, or for which it is or may be occupied or maintained. Uses are generally segregated into the following types: (Former Section CZ#A312-23)
a. Accessory: A use legally permitted in the zone, which use is customary and incidental to and subordinate to the principal use of the site or of a main building on the site and serving a purpose which does not change the character of the principal use. (Former Section CZ#A312-23)
b. Conditional: A use type subject to a Use Permit, which use may be essential or desirable to the public convenience or welfare in one (1) or more zones, but which may also impair the integrity and character of the zone or adjoining zone, or be detrimental to the public health, safety or welfare unless additional restrictions on location and extent of use are imposed and enforced. Such use shall be permitted when all specific additional restrictions are completed and permanently satisfied in conformance with an approved Use Permit. Should such restrictions be of a continuing nature, the use will remain conditional so long as the restrictions are complied with, but shall become an illegal use whenever and so long as the restrictions are not complied with. (Former Section CZ#A312-23)
c. Nonconforming: A use, which was lawfully established or maintained, but which, because of the application of these regulations to it, no longer conforms to the specific regulations applicable to the zone in which it is located. (See Section 313-131, Nonconforming - Uses, and Section 313 132, Nonconforming Structures.) (Former Section CZ#A312-21, CZ#A312-23)
d. Principal Permitted: The specific and primary use of land or of a main building which use is compatible with the purpose of the zone and which is permitted in the zone. If a use is listed in a specific zone as a principal permitted use, it means that the owner, lessee or other person who has legal right to use the land, has a right to conduct such principal permitted use subject to the procedural requirements of Chapter 2, of these Regulations. (Former Section CZ#A312-23)
Use Type: A category or class of land uses which share common functional, product or compatibility characteristics and which have been classified under a discreet use type in these regulations. The Use Types for each zone district are listed in Section A: “Regulations for Zoning Districts.” Use Types are defined and described in Section D: Use Types. (Former Section CZ#A312-23)
Useable Open Space: (See, Open Space, Useable)
Used: Includes “arranged for,” “designed for,” “occupied,” or “intended to be occupied for.” (Former Section CZ#A312-2)
Utilities: (See, Civic Use Types, including, e.g.: Extensive Impact Uses; Electrical Distribution Lines, Major; Generation and Distribution Facilities, Minor; Oil and Gas Pipelines; and/or Utilities, Minor; in Section D: Use Types.) (Also see, definition of “Public Utility.”)
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Vegetation, Riparian: (See, Riparian Vegetation)
Vehicle, Emergency: A motorized vehicle or trailer used for fire prevention and control, policing, sanitation, sewage, drainage, flood control, and public utility maintenance and service. Responsible users may include public districts, agencies, or departments or privately owned public utilities. (From Section INL#312-25; Ord. 519, Sec. 225, 5/11/65)
Vehicle, Recreational: (See, Recreational Vehicle.)
Vehicle, Recreational Off Road: Recreational off road vehicle includes all four (4) wheel drive motor vehicles or other vehicles suitable for off road use, including but not necessarily limited to, automobiles, sand buggies, dune buggies, all terrain vehicles, motorcycles, motor-driven cycles, motor-driven three-wheel cycles, motor scooters, trail bikes, and mini-bikes. (Former Section CZ#A312-24)
Vehicle Storage, Non-operating Vehicles: The storage of non-operating motor vehicles shall not include automobile wrecking. The presence on any lot or parcel of land of five or more motor vehicles, which for a period exceeding 30 days have not been removed, or which are to be removed for reuse or sale, shall constitute prima facie evidence of the storage of non-operating motor vehicles. (Former Section CZ#A312-24)
Vertical Access: (See, Access, Coastal Vertical)
Very Low Income: Fifty percent of the area median income for Humboldt County, adjusted for household size, multiplied by thirty percent (30%) and divided by twelve (12). (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(2)(a); Added by Ord. 2167, Sec. 25, 4/7/98)
Very Low Income Household: Means households whose income does not exceed the very low income limits applicable to Humboldt County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. (See, Section 313-112.1, Residential Density Bonus, for further discussion.) (Former Section CZ#A314-12.1(B)(16); Added by Ord. 2167, Sec. 25, 4/7/98)
View, Coastal: Views of the beach and ocean from the public roads and parks. (Former Section CZ#A312-24)
View Area, Coastal: View areas designated by the Coastal Land Use Plan and Resource Protection Maps and designated D-Design Review view area on the zoning maps for the Coastal Zone. (Former Section CZ#A312-24)
Visitor-Serving Facilities: (See, Commercial Use Types, Visitor-Serving Facilities, in Section D: Use Types.)
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Wall, Exterior: Any wall or element of a wall or any member or group of members, which defines the exterior boundaries or courts of a building and which has a slope of 60 degrees or greater from the horizontal plane. (Former Section CZ#A312-25)
Warehousing, Storage and Distribution Use Type: (See, Commercial Use Types: Warehousing, Storage and Distribution, in Section D: Use Types.)
Water, Watercourse: (See, Drainage, Natural.) (See also, Drainage Works.)
Water Distribution: (See, Civic Use Types, “Essential Services,” and “Utilities, Minor.”)
Watershed Management: (See, Natural Resource Use Types: Watershed Management, in Section D: Use Types.)
Well: A shaft or hole sunk to obtain water. (See also, Civic Use Types, Essential Services.) (Former Section CZ#A312-25)
Wetlands: Lands within the County Coastal Zone that may be covered periodically or permanently with shallow waters, including salt marshes, freshwater marshes, swamps, mudflats, fens, and transitional agricultural lands. The County will use the U.S. Fish and Wildlife Service’s Classification of Wetland and Deepwater Habitats of the United States as a guide to wetland identification. In general, lands which meet the classification’s definition of subtidal estuarine aquatic beds, estuarine intertidal flats and emergent habitats, and palustrine emergent and non-riparian palustrine shrub-scrub and forested habitats will be considered wetlands. (Former Section CZ#A312-25)
Wetland Farmed: (See, Agricultural Land, Transitional)
Wetland, Boundary of: Either: (Former Section CZ#A312-25)
a.The boundary between land with predominately hydrophyticplant cover and land with predominantly mesophytic or xerophytic plant cover;
b.The boundary between soil that is predominately hydric and soil that is predominately nonhydric;
c.In the case of wetlands without vegetation or soils; the boundary between land that is flooded or saturated at some time of the growing season during years of normal precipitation and land that is not; or
d.The boundary between wetland and riparian habitats.
e.Areas with drained or filled hydric soils which are no longer capable of supporting hydrophytes are not considered wetlands, unless such areas were drained or filled in violation of this Code, or other local, State or Federal law.
Wetland Buffer Area: (See, Section 313-125, Wetland Buffer Areas.)
Wetland, Farmed: (See, Agricultural Land, Transitional)
Wetland, Farmed, Boundary of: (See, Agricultural Land, Boundary Of, Transitional)
Wetland, Functional Capacity: The ability of the wetland or estuary to be self-sustaining and to maintain species diversity. (Former Section CZ#A312-25)
Wetland Restoration: (See, Natural Resource Use Types, Wetland Restoration, in Section D: Use Types.)
Wildlife Management: Manipulation of habitats to produce some level of a desired species or manipulating animal populations to achieve a desired end. (Former Section CZ#A312-25)
Wind Generator: Any machine that converts kinetic energy in the wind into a usable form of electrical or mechanical energy (commonly known as a wind mill or wind turbine). (Former Section CZ#A312-25)
Wrecking and Salvage Yards: A wrecking and salvage yard is any aggregate area of more than 200 square feet within any parcel, lot or contiguous lots of real property which is used as a place where imported waste, inoperable machinery, inoperable motor vehicles, or discarded or salvaged materials are disassembled, handled, placed, processed, baled, packaged or stored. The term “wrecking and salvage yard” includes, but is not limited to, auto and trailer wrecking yards, other wrecking yards, scrap metal yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel material and equipment. Any of the activities or conditions that would otherwise be a wrecking and salvage yard shall not constitute a wrecking or salvage yard if conducted entirely within a completely enclosed building. The term “wrecking and salvage yard” does not include areas used for the sale or storage of operable automobiles, tractors, farm machinery, house trailers or boats. The term “wrecking or salvage yard” also does not include areas used for the salvaging of materials incidental to and used in manufacturing or farm operations, providing such salvaging of materials takes place where the manufacturing or farming is done. (See also, “Automobile Wrecking.”) (For more information on
wrecking and salvage yards, see Chapter 1 of Title III, Division 7 of these regulations.) (Former Section CZ#A312-12; From Section 3711) Your Selections
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Xerophytic Plant: (See, Plant, Xerophytic)
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Yard: An open space other than a court, which is unoccupied and unobstructed from the ground upward except for landscaping or as specified elsewhere in this Code, but not including any portion of any street, alley or road right-of-way except as specified elsewhere in this Code. (See also, “Lot” and “Setback.”) (Former Section CZ#A312-27)
(a) FrontA yard measured into a lot from its front lot line or lines.
(b) RearA yard measured into a lot from its rear lot line.
(c) SideA yard measured into a lot from its side lot lines. A required side yard shall extend between the required front or rear lot lines where no front yard or rear yard is required.
(1) Yard, Side, Exterior: A side yard abutting a street, which yard shall extend from the front yard to the rear yard, or the front or rear lot lines where no front yard or rear yard is required.
(2) Yard, Side, Interior: Any side yard other than an exterior side yard.
Yard, Salvage: (See Wrecking and Salvage Yards)
Yard, Wrecking: See Wrecking and Salvage Yards)
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Zone: A mapped portion of the territory of the County of Humboldt within which uniform regulations and requirements, or combinations thereof, apply under the provisions of this Code. (Former Section CZ#A312-28; INL#312-77; Ord. 519, Sec. 274, 5/11/65)
a. Principal. The first zone designation applied to a lot or piece of property, which designates the principally permitted uses on the property. The zoning designations are found on the zoning maps.
b. Combining. This is an additional zoning designation applied to some (but not all) properties. Combining zones are indicated on the zoning maps. A combining zone modifies the allowed land use in some way when necessary for sound and orderly planning. For example, lot area and yard requirements of any Principal Zone may be modified by addition of the “B” Combining Zone.
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The purpose of these provisions is to classify uses of property into a limited number of use types and principal permitted uses on the basis of common functional, product, or compatibility characteristics. The desired result is to provide a basis for regulation of uses in accordance with criteria which are directly relevant to the public interest. These provisions apply throughout the County. (Former Section CZ#A313-1)
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163.1All uses are classified into the following use types and principal permitted uses . Use types are described and defined in Section D, Part 2: Glossary of Use Types. (Former Section CZ#A313-2)
163.1.1 Agricultural Use Types. Agriculture-Related Recreational
Feed Lot/Slaughter House
General Agriculture
Hog Farming
Intensive Agriculture
Stables and Kennels (Former Section CZ#A313-2(E))
163.1.2 Civic Use Types. Administrative
Community Assembly
Cultural Non-Assembly
Electrical Distribution Lines, Major
Essential Services
Extensive Impact Civic Uses
Generation and Distribution Facilities, Minor
Health Care Services
Oil and Gas Pipelines
Public Recreation and Open Spaces
Solid Waste Disposal
Utilities, Minor (Former Section CZ#A313-2(B))
163.1.3 Commercial Use Types. Automotive Sales, Service and Repair
Coastal-Dependent Commercial Recreation
Commercial Recreation
Heavy Commercial
Mini-Storage
Neighborhood Commercial
Office and Professional Service
Private Institution
Private Recreation
Recreational Vehicle Park
Retail Sales
Retail Service
Transient Habitation
Visitor Serving Facilities
Warehousing, Storage and Distribution (Former Section CZ#A313-2(C))
163.1.4 Commercial Timber Use Types. Timber Production
Timber Related Recreation (Former Section CZ#A313-2(F))
163.1.5 Extractive Use Types. Metallic Mineral Extraction
Oil and Gas Drilling and Processing
Surface Mining - 1 Surface Mining - 2 Surface Mining - 3 (Former Section CZ#A313-2(G))
163.1.6 Industrial Use Types. Aquaculture Coastal-Dependent Coastal-Related Cottage Industry Hazardous Industrial Heavy Industrial Research/Light Manufacturing Timber Products Processing (Former Section CZ#A313-2(D))
163.1.7 Natural Resource Use Types. Boating Facilities Fish and Wildlife Habitat Management Coastal Public Access Facilities Resource-Related Recreational Watershed Management Wetland Restoration (Former Section CZ#A313-2(H))
163.1.8 Residential Use Types. Accessory Dwelling Unit (See Residential Zoning Designations, Principal Permitted Uses)
Caretaker’s Residence
Community Care Facility
Family Day Care Center Family Day Care Home Farm Employee Housing
Group Residential Guest House Labor Camp
Manufactured Home Park Development
Multifamily Residential
Residence Incidental to Agriculture or Commercial
Timber Production (See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
Second Agriculture or Commercial Timber Production Residence (See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
Single-Family Residential (Former Section CZ#A313-2(A))
163.1.9 Principal Permitted Uses. These are uses that are allowed without a conditional use permit and that are considered the “principal permitted use” for purposes of appeal to the Coastal Commission (with the exception of (a) Single-Family Residential, Accessory Dwelling Unit, Second Agriculture or Commercial Timber Production Residence (on a lot sixty (60) acres or larger in size), or Cottage Industry uses in the Agriculture Exclusive zoning district as enumerated in Section 163.1.9.9, and (b) Single-Family Residential, Accessory Dwelling Unit, or Cottage Industry uses in the Timber Production zoning district as enumerated in Section 163.1.9.11). Subdivisions, including lot line adjustments, are not considered a principal permitted use in any zoning district in the Coastal Zone.
ttage Industry uses in the Agriculture Exclusive zoning district as enumerated in Section 163.1.9.9, and (b) Single-Family Residential, Accessory Dwelling Unit, or Cottage Industry uses in the Timber Production zoning district as enumerated in Section 163.1.9.11). Subdivisions, including lot line adjustments, are not considered a principal permitted use in any zoning district in the Coastal Zone.
163.1.9.1 Neighborhood Commercial. The Neighborhood Commercial Principal Permitted Use includes the following uses: Neighborhood Commercial, Cottage Industry; subject to the Cottage Industry Regulations, Caretaker’s Residence which is incidental to and under the same ownership as an existing commercial use, and Minor Utilities to serve these uses.
163.1.9.2 Public Recreation. The Public Recreation Principally Permitted Use includes the following uses: Public Recreation and Open Space, Coastal Access Facilities, and Minor Utilities to serve these uses.
163.1.9.3 Commercial Recreation. The Commercial Recreation Principally Permitted Use includes the following uses: Visitor Serving Facilities, Transient Habitation, Commercial Recreation, Coastal Dependent Recreation, Resource Related Recreation, Coastal Access Facilities, and Minor Utilities to serve these uses.
163.1.9.4 Coastal Dependent Commercial Recreation. The Coastal Dependent Commercial Recreation Principally Permitted Use includes the following uses: Coastal Dependent Recreation, Resource-Related Recreation, Coastal Access Facilities, and Minor Utilities to serve these uses.
163.1.9.5 Residential Single-Family. The Residential Single-Family Principally Permitted Use includes the following uses: SingleFamily Residential, Accessory Dwelling Unit, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses.
163.1.9.6 Residential Multifamily. The Residential Multifamily Principally Permitted Use includes the following uses: Multifamily Residential, Accessory Dwelling Unit, Group Residential, and Minor Utilities to serve these uses.
163.1.9.7 Mixed Residential. The Mixed Residential Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, Multifamily Residential (Duplex only), Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses.
163.1.9.8 Rural Residential Agricultural. The Rural Residential Agricultural Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, General Agriculture, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses.
163.1.9.9 Agricultural Exclusive. The Agricultural Exclusive Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit (on lots sixty (60) acres or larger in size, two (2) single detached dwellings, or one (1) single detached and one (1) accessory dwelling are permitted), General Agriculture, Timber Production, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses. Single-Family Residential, Accessory Dwelling Unit, Second Agriculture or Commercial Timber Production Residence (on a lot sixty (60) acres or larger in size), and Cottage Industry use types do not require a conditional use permit, but are not considered the principal permitted use for purposes of appeal to the Coastal Commission pursuant to Section 312-13.12.3 and Section 30603(a)(4) of the Coastal Act.
163.1.9.10 Commercial Timber. The Commercial Timber Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, General Agriculture, Timber Production, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses.
163.1.9.11 Timber Production. The Timber Production Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, Timber Production, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses. Single-Family Residential, Accessory Dwelling Unit, and Cottage Industry use types do not require a conditional use permit, but are not considered the principal permitted use for purposes of appeal to the Coastal Commission pursuant to Section 312-13.12.3 and Section 30603(a)(4) of the Coastal Act. (Ord. 2367A, 7/25/2006; Ord. 2383, 2/27/2007; Ord. 2717, § 8, 6/27/2023; Ord. 2749, § 4, 10/1/2024; Ord. 2733, § 4, 3/5/2024) Your Selections
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163.1All uses are classified into the following use types and principal permitted uses . Use types are described and defined in Section D, Part 2: Glossary of Use Types. (Former Section CZ#A313-2)
163.1.1 Agricultural Use Types. Agriculture-Related Recreational
Feed Lot/Slaughter House
General Agriculture
Hog Farming
Intensive Agriculture
Stables and Kennels (Former Section CZ#A313-2(E))
163.1.2 Civic Use Types. Administrative
Community Assembly
Cultural Non-Assembly
Electrical Distribution Lines, Major
Essential Services
Extensive Impact Civic Uses
Generation and Distribution Facilities, Minor
Health Care Services
Oil and Gas Pipelines
Public Recreation and Open Spaces
Solid Waste Disposal
Utilities, Minor (Former Section CZ#A313-2(B))
163.1.3 Commercial Use Types. Automotive Sales, Service and Repair
Coastal-Dependent Commercial Recreation
Commercial Recreation
Heavy Commercial
Mini-Storage
Neighborhood Commercial
Office and Professional Service
Private Institution
Private Recreation
Recreational Vehicle Park
Retail Sales
Retail Service
Transient Habitation
Visitor Serving Facilities
Warehousing, Storage and Distribution (Former Section CZ#A313-2(C))
163.1.4 Commercial Timber Use Types. Timber Production
Timber Related Recreation (Former Section CZ#A313-2(F))
163.1.5 Extractive Use Types. Metallic Mineral Extraction
Oil and Gas Drilling and Processing
Surface Mining - 1 Surface Mining - 2 Surface Mining - 3 (Former Section CZ#A313-2(G))
163.1.6 Industrial Use Types. Aquaculture Coastal-Dependent Coastal-Related Cottage Industry Hazardous Industrial Heavy Industrial Research/Light Manufacturing Timber Products Processing (Former Section CZ#A313-2(D))
163.1.7 Natural Resource Use Types. Boating Facilities Fish and Wildlife Habitat Management Coastal Public Access Facilities Resource-Related Recreational Watershed Management Wetland Restoration (Former Section CZ#A313-2(H))
163.1.8 Residential Use Types. Accessory Dwelling Unit (See Residential Zoning Designations, Principal Permitted Uses)
Caretaker’s Residence
Community Care Facility
Family Day Care Center Family Day Care Home Farm Employee Housing
Group Residential Guest House Labor Camp
Manufactured Home Park Development
Multifamily Residential
Residence Incidental to Agriculture or Commercial
Timber Production (See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
Second Agriculture or Commercial Timber Production Residence (See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
Single-Family Residential (Former Section CZ#A313-2(A))
163.1.9 Principal Permitted Uses. These are uses that are allowed without a conditional use permit and that are considered the “principal permitted use” for purposes of appeal to the Coastal Commission (with the exception of (a) Single-Family Residential, Accessory Dwelling Unit, Second Agriculture or Commercial Timber Production Residence (on a lot sixty (60) acres or larger in size), or Cottage Industry uses in the Agriculture Exclusive zoning district as enumerated in Section 163.1.9.9, and (b) Single-Family Residential, Accessory Dwelling Unit, or Cottage Industry uses in the Timber Production zoning district as enumerated in Section 163.1.9.11). Subdivisions, including lot line adjustments, are not considered a principal permitted use in any zoning district in the Coastal Zone.
163.1.9.1 Neighborhood Commercial. The Neighborhood Commercial Principal Permitted Use includes the following uses: Neighborhood Commercial, Cottage Industry; subject to the Cottage Industry Regulations, Caretaker’s Residence which is incidental to and under the same ownership as an existing commercial use, and Minor Utilities to serve these uses.
163.1.9.2 Public Recreation. The Public Recreation Principally Permitted Use includes the following uses: Public Recreation and Open Space, Coastal Access Facilities, and Minor Utilities to serve these uses.
163.1.9.3 Commercial Recreation. The Commercial Recreation Principally Permitted Use includes the following uses: Visitor Serving Facilities, Transient Habitation, Commercial Recreation, Coastal Dependent Recreation, Resource Related Recreation, Coastal Access Facilities, and Minor Utilities to serve these uses.
163.1.9.4 Coastal Dependent Commercial Recreation. The Coastal Dependent Commercial Recreation Principally Permitted Use includes the following uses: Coastal Dependent Recreation, Resource-Related Recreation, Coastal Access Facilities, and Minor Utilities to serve these uses.
163.1.9.5 Residential Single-Family. The Residential Single-Family Principally Permitted Use includes the following uses: SingleFamily Residential, Accessory Dwelling Unit, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses.
163.1.9.6 Residential Multifamily. The Residential Multifamily Principally Permitted Use includes the following uses: Multifamily Residential, Accessory Dwelling Unit, Group Residential, and Minor Utilities to serve these uses.
163.1.9.7 Mixed Residential. The Mixed Residential Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, Multifamily Residential (Duplex only), Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses.
163.1.9.8 Rural Residential Agricultural. The Rural Residential Agricultural Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, General Agriculture, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses.
163.1.9.9 Agricultural Exclusive. The Agricultural Exclusive Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit (on lots sixty (60) acres or larger in size, two (2) single detached dwellings, or one (1) single detached and one (1) accessory dwelling are permitted), General Agriculture, Timber Production, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses. Single-Family Residential, Accessory Dwelling Unit, Second Agriculture or Commercial Timber Production Residence (on a lot sixty (60) acres or larger in size), and Cottage Industry use types do not require a conditional use permit, but are not considered the principal permitted use for purposes of appeal to the Coastal Commission pursuant to Section 312-13.12.3 and Section 30603(a)(4) of the Coastal Act.
163.1.9.10 Commercial Timber. The Commercial Timber Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, General Agriculture, Timber Production, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses.
163.1.9.11 Timber Production. The Timber Production Principally Permitted Use includes the following uses: Single-Family Residential, Accessory Dwelling Unit, Timber Production, Cottage Industry; subject to the Cottage Industry Regulations, and Minor Utilities to serve these uses. Single-Family Residential, Accessory Dwelling Unit, and Cottage Industry use types do not require a conditional use permit, but are not considered the principal permitted use for purposes of appeal to the Coastal Commission pursuant to Section 312-13.12.3 and Section 30603(a)(4) of the Coastal Act. (Ord. 2367A, 7/25/2006; Ord. 2383, 2/27/2007; Ord. 2717, § 8, 6/27/2023; Ord. 2749, § 4, 10/1/2024; Ord. 2733, § 4, 3/5/2024) Your Selections
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The following rules shall apply when a lot or building site contains multiple uses which constitute or resemble two or more different use types, and which are not classified as accessory uses pursuant to the Accessory Use Regulations. (Former Section CZ#A313-3)
164.1 SEPARATE CLASSIFICATIONS OF SEVERAL ESTABLISHMENTS
The uses conducted on a lot by two or more individual establishments, managements, or institutions shall be classified separately into use types. (Former Section CZ#A313-3(A))
164.2 CLASSIFICATION AND LIMITATION OF DIFFERENT USES WITHIN SAME CATEGORY OF USE TYPES CONDUCTED BY INDIVIDUAL ESTABLISHMENT
If uses conducted on a lot by an individual establishment, management, or institution resemble two or more different use types within the same category of use types, all such uses shall be classified in the use type whose description most closely portrays the overall nature of such uses. However, when the uses have any of the characteristics of the following listed use types, all such uses shall be classified in one (1) of the use types on the following list.
Extensive Impact Civic Uses
General/Heavy Manufacturing
Hazardous Industrial
Oil and Gas Drilling and Processing
Surface Mining - 1
Surface Mining - 2
Surface Mining - 3
If multiple uses on a lot resemble more than one (1) of the use types on the above list, the uses shall be classified as the use type which is most similar to the predominant or most significant use on the lot, except that any commercial uses shall be classified within the Heavy Commercial Use Type if they have any heavy commercial characteristics. (Former Section CZ#A313-3(B))
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The following rules shall apply when a lot or building site contains multiple uses which constitute or resemble two or more different use types, and which are not classified as accessory uses pursuant to the Accessory Use Regulations. (Former Section CZ#A313-3)
164.1 SEPARATE CLASSIFICATIONS OF SEVERAL ESTABLISHMENTS
The uses conducted on a lot by two or more individual establishments, managements, or institutions shall be classified separately into use types. (Former Section CZ#A313-3(A))
164.2 CLASSIFICATION AND LIMITATION OF DIFFERENT USES WITHIN SAME CATEGORY OF USE TYPES CONDUCTED BY INDIVIDUAL ESTABLISHMENT
If uses conducted on a lot by an individual establishment, management, or institution resemble two or more different use types within the same category of use types, all such uses shall be classified in the use type whose description most closely portrays the overall nature of such uses. However, when the uses have any of the characteristics of the following listed use types, all such uses shall be classified in one (1) of the use types on the following list.
Extensive Impact Civic Uses
General/Heavy Manufacturing
Hazardous Industrial
Oil and Gas Drilling and Processing
Surface Mining - 1
Surface Mining - 2
Surface Mining - 3
If multiple uses on a lot resemble more than one (1) of the use types on the above list, the uses shall be classified as the use type which is most similar to the predominant or most significant use on the lot, except that any commercial uses shall be classified within the Heavy Commercial Use Type if they have any heavy commercial characteristics. (Former Section CZ#A313-3(B))
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The following rules shall apply when a lot or building site contains multiple uses which constitute or resemble two or more different use types, and which are not classified as accessory uses pursuant to the Accessory Use Regulations. (Former Section CZ#A313-3)
164.1 SEPARATE CLASSIFICATIONS OF SEVERAL ESTABLISHMENTS
The uses conducted on a lot by two or more individual establishments, managements, or institutions shall be classified separately into use types. (Former Section CZ#A313-3(A))
164.2 CLASSIFICATION AND LIMITATION OF DIFFERENT USES WITHIN SAME CATEGORY OF USE TYPES CONDUCTED BY INDIVIDUAL ESTABLISHMENT
If uses conducted on a lot by an individual establishment, management, or institution resemble two or more different use types within the same category of use types, all such uses shall be classified in the use type whose description most closely portrays the overall nature of such uses. However, when the uses have any of the characteristics of the following listed use types, all such uses shall be classified in one (1) of the use types on the following list.
Extensive Impact Civic Uses
General/Heavy Manufacturing
Hazardous Industrial
Oil and Gas Drilling and Processing
Surface Mining - 1
Surface Mining - 2
Surface Mining - 3
If multiple uses on a lot resemble more than one (1) of the use types on the above list, the uses shall be classified as the use type which is most similar to the predominant or most significant use on the lot, except that any commercial uses shall be classified within the Heavy Commercial Use Type if they have any heavy commercial characteristics. (Former Section CZ#A313-3(B))
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Whenever a development is proposed that contains a use not specifically mentioned under use types described in these regulations, the Hearing Officer shall make a determination as to whether the proposed use is encompassed by any use types permitted or conditionally permitted under the use designator applicable to the subject property. (See designated Hearing Officer in Chapter 2, Section 312-9; usually it is initially the Director or designee.) The classification of a use is subject to the right of appeal pursuant to the Appeals Procedures in Chapter 2, Section 312-13. The Director shall maintain a written record of all such determinations, which determinations are maintained and available for review at the Planning Division. (Former Section CZ#A313-4)
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Agricultural use types include the on-site production of plant and animal products by agricultural methods. The following are agricultural use types: (Former Section CZ#A313-9(A))
170.1 AGRICULTURE-RELATED RECREATIONAL
The Agriculture-Related Recreation Use Type includes recreational facilities developed in conjunction with agriculture, including hunting and duck camps, skiing and dude ranches, but not including such recreational activities as golf courses which require nonagricultural development. (Former Section CZ#A313-9(F))
170.2 FEED LOT/SLAUGHTER HOUSE
The Feed Lot/Slaughter House Use Type includes large on-site yard(s) with pens or stables and other structures, other than those which are a part of a typical livestock ranch, where cattle, sheep, and similar animals are kept for finishing, shipment or slaughter. (Former Section CZ#A313-9(D))
170.3 GENERAL AGRICULTURE
The General Agriculture Use Type includes cultivation of food and fiber such as field and tree crops, dairying, pasturage, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including feed lots, stock yards, slaughter houses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. (Former Section CZ#A313-9(B))
170.4 HOG FARMING
The Hog Farming Use Type refers to any premises used solely or primarily for the raising or keeping of three (3) or more hogs, when raised, fed or fattened for the purposes of sale and consumption by other than the owner or resident of the site. (Former Section CZ#A313-9(C))
170.5 INTENSIVE AGRICULTURE
Any premises used solely or primarily for the raising or keeping of animals such as furbearers, frogs, or turkeys, when raised, fed or fattened for the purpose of sale and/or consumption by other than the owner of the site. (Former Section CZ#A313-9(G); Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99)
170.6 STABLES AND KENNELS
The Stables and Kennels Use Type refers to raising and keeping of dogs or horses (or similar hoofed animals) for hire or animals boarded and fed for compensation. (See “Stable” and “Kennel” in Section C: “Index of Definitions of Language and Legal Terms.”) (Former Section CZ#A313-9(E))
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Agricultural use types include the on-site production of plant and animal products by agricultural methods. The following are agricultural use types: (Former Section CZ#A313-9(A))
170.1 AGRICULTURE-RELATED RECREATIONAL
The Agriculture-Related Recreation Use Type includes recreational facilities developed in conjunction with agriculture, including hunting and duck camps, skiing and dude ranches, but not including such recreational activities as golf courses which require nonagricultural development. (Former Section CZ#A313-9(F))
170.2 FEED LOT/SLAUGHTER HOUSE
The Feed Lot/Slaughter House Use Type includes large on-site yard(s) with pens or stables and other structures, other than those which are a part of a typical livestock ranch, where cattle, sheep, and similar animals are kept for finishing, shipment or slaughter. (Former Section CZ#A313-9(D))
170.3 GENERAL AGRICULTURE
The General Agriculture Use Type includes cultivation of food and fiber such as field and tree crops, dairying, pasturage, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including feed lots, stock yards, slaughter houses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. (Former Section CZ#A313-9(B))
170.4 HOG FARMING
The Hog Farming Use Type refers to any premises used solely or primarily for the raising or keeping of three (3) or more hogs, when raised, fed or fattened for the purposes of sale and consumption by other than the owner or resident of the site. (Former Section CZ#A313-9(C))
170.5 INTENSIVE AGRICULTURE
Any premises used solely or primarily for the raising or keeping of animals such as furbearers, frogs, or turkeys, when raised, fed or fattened for the purpose of sale and/or consumption by other than the owner of the site. (Former Section CZ#A313-9(G); Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99)
170.6 STABLES AND KENNELS
The Stables and Kennels Use Type refers to raising and keeping of dogs or horses (or similar hoofed animals) for hire or animals boarded and fed for compensation. (See “Stable” and “Kennel” in Section C: “Index of Definitions of Language and Legal Terms.”) (Former Section CZ#A313-9(E))
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Agricultural use types include the on-site production of plant and animal products by agricultural methods. The following are agricultural use types: (Former Section CZ#A313-9(A))
170.1 AGRICULTURE-RELATED RECREATIONAL
The Agriculture-Related Recreation Use Type includes recreational facilities developed in conjunction with agriculture, including hunting and duck camps, skiing and dude ranches, but not including such recreational activities as golf courses which require nonagricultural development. (Former Section CZ#A313-9(F))
170.2 FEED LOT/SLAUGHTER HOUSE
The Feed Lot/Slaughter House Use Type includes large on-site yard(s) with pens or stables and other structures, other than those which are a part of a typical livestock ranch, where cattle, sheep, and similar animals are kept for finishing, shipment or slaughter. (Former Section CZ#A313-9(D))
170.3 GENERAL AGRICULTURE
The General Agriculture Use Type includes cultivation of food and fiber such as field and tree crops, dairying, pasturage, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including feed lots, stock yards, slaughter houses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. (Former Section CZ#A313-9(B))
Use Type includes cultivation of food and fiber such as field and tree crops, dairying, pasturage, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including feed lots, stock yards, slaughter houses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. (Former Section CZ#A313-9(B))
170.4 HOG FARMING
The Hog Farming Use Type refers to any premises used solely or primarily for the raising or keeping of three (3) or more hogs, when raised, fed or fattened for the purposes of sale and consumption by other than the owner or resident of the site. (Former Section CZ#A313-9(C))
170.5 INTENSIVE AGRICULTURE
Any premises used solely or primarily for the raising or keeping of animals such as furbearers, frogs, or turkeys, when raised, fed or fattened for the purpose of sale and/or consumption by other than the owner of the site. (Former Section CZ#A313-9(G); Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99)
170.6 STABLES AND KENNELS
The Stables and Kennels Use Type refers to raising and keeping of dogs or horses (or similar hoofed animals) for hire or animals boarded and fed for compensation. (See “Stable” and “Kennel” in Section C: “Index of Definitions of Language and Legal Terms.”) (Former Section CZ#A313-9(E))
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Agricultural use types include the on-site production of plant and animal products by agricultural methods. The following are agricultural use types: (Former Section CZ#A313-9(A))
170.1 AGRICULTURE-RELATED RECREATIONAL
The Agriculture-Related Recreation Use Type includes recreational facilities developed in conjunction with agriculture, including hunting and duck camps, skiing and dude ranches, but not including such recreational activities as golf courses which require nonagricultural development. (Former Section CZ#A313-9(F))
170.2 FEED LOT/SLAUGHTER HOUSE
The Feed Lot/Slaughter House Use Type includes large on-site yard(s) with pens or stables and other structures, other than those which are a part of a typical livestock ranch, where cattle, sheep, and similar animals are kept for finishing, shipment or slaughter. (Former Section CZ#A313-9(D))
170.3 GENERAL AGRICULTURE
The General Agriculture Use Type includes cultivation of food and fiber such as field and tree crops, dairying, pasturage, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including feed lots, stock yards, slaughter houses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. (Former Section CZ#A313-9(B))
170.4 HOG FARMING
The Hog Farming Use Type refers to any premises used solely or primarily for the raising or keeping of three (3) or more hogs, when raised, fed or fattened for the purposes of sale and consumption by other than the owner or resident of the site. (Former Section CZ#A313-9(C))
170.5 INTENSIVE AGRICULTURE
Any premises used solely or primarily for the raising or keeping of animals such as furbearers, frogs, or turkeys, when raised, fed or fattened for the purpose of sale and/or consumption by other than the owner of the site. (Former Section CZ#A313-9(G); Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99)
170.6 STABLES AND KENNELS
The Stables and Kennels Use Type refers to raising and keeping of dogs or horses (or similar hoofed animals) for hire or animals boarded and fed for compensation. (See “Stable” and “Kennel” in Section C: “Index of Definitions of Language and Legal Terms.”) (Former Section CZ#A313-9(E))
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Agricultural use types include the on-site production of plant and animal products by agricultural methods. The following are agricultural use types: (Former Section CZ#A313-9(A))
170.1 AGRICULTURE-RELATED RECREATIONAL
The Agriculture-Related Recreation Use Type includes recreational facilities developed in conjunction with agriculture, including hunting and duck camps, skiing and dude ranches, but not including such recreational activities as golf courses which require nonagricultural development. (Former Section CZ#A313-9(F))
170.2 FEED LOT/SLAUGHTER HOUSE
The Feed Lot/Slaughter House Use Type includes large on-site yard(s) with pens or stables and other structures, other than those which are a part of a typical livestock ranch, where cattle, sheep, and similar animals are kept for finishing, shipment or slaughter. (Former Section CZ#A313-9(D))
170.3 GENERAL AGRICULTURE
The General Agriculture Use Type includes cultivation of food and fiber such as field and tree crops, dairying, pasturage, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including feed lots, stock yards, slaughter houses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. (Former Section CZ#A313-9(B))
170.4 HOG FARMING
The Hog Farming Use Type refers to any premises used solely or primarily for the raising or keeping of three (3) or more hogs, when raised, fed or fattened for the purposes of sale and consumption by other than the owner or resident of the site. (Former Section CZ#A313-9(C))
170.5 INTENSIVE AGRICULTURE
Any premises used solely or primarily for the raising or keeping of animals such as furbearers, frogs, or turkeys, when raised, fed or fattened for the purpose of sale and/or consumption by other than the owner of the site. (Former Section CZ#A313-9(G); Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99)
170.6 STABLES AND KENNELS
The Stables and Kennels Use Type refers to raising and keeping of dogs or horses (or similar hoofed animals) for hire or animals boarded and fed for compensation. (See “Stable” and “Kennel” in Section C: “Index of Definitions of Language and Legal Terms.”) (Former Section CZ#A313-9(E))
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Agricultural use types include the on-site production of plant and animal products by agricultural methods. The following are agricultural use types: (Former Section CZ#A313-9(A))
170.1 AGRICULTURE-RELATED RECREATIONAL
The Agriculture-Related Recreation Use Type includes recreational facilities developed in conjunction with agriculture, including hunting and duck camps, skiing and dude ranches, but not including such recreational activities as golf courses which require nonagricultural development. (Former Section CZ#A313-9(F))
170.2 FEED LOT/SLAUGHTER HOUSE
The Feed Lot/Slaughter House Use Type includes large on-site yard(s) with pens or stables and other structures, other than those which are a part of a typical livestock ranch, where cattle, sheep, and similar animals are kept for finishing, shipment or slaughter. (Former Section CZ#A313-9(D))
170.3 GENERAL AGRICULTURE
The General Agriculture Use Type includes cultivation of food and fiber such as field and tree crops, dairying, pasturage, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including feed lots, stock yards, slaughter houses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. (Former Section CZ#A313-9(B))
170.4 HOG FARMING
The Hog Farming Use Type refers to any premises used solely or primarily for the raising or keeping of three (3) or more hogs, when raised, fed or fattened for the purposes of sale and consumption by other than the owner or resident of the site. (Former Section CZ#A313-9(C))
170.5 INTENSIVE AGRICULTURE
Any premises used solely or primarily for the raising or keeping of animals such as furbearers, frogs, or turkeys, when raised, fed or fattened for the purpose of sale and/or consumption by other than the owner of the site. (Former Section CZ#A313-9(G); Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99)
170.6 STABLES AND KENNELS
The Stables and Kennels Use Type refers to raising and keeping of dogs or horses (or similar hoofed animals) for hire or animals boarded and fed for compensation. (See “Stable” and “Kennel” in Section C: “Index of Definitions of Language and Legal Terms.”) (Former Section CZ#A313-9(E))
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Agricultural use types include the on-site production of plant and animal products by agricultural methods. The following are agricultural use types: (Former Section CZ#A313-9(A))
170.1 AGRICULTURE-RELATED RECREATIONAL
The Agriculture-Related Recreation Use Type includes recreational facilities developed in conjunction with agriculture, including hunting and duck camps, skiing and dude ranches, but not including such recreational activities as golf courses which require nonagricultural development. (Former Section CZ#A313-9(F))
170.2 FEED LOT/SLAUGHTER HOUSE
The Feed Lot/Slaughter House Use Type includes large on-site yard(s) with pens or stables and other structures, other than those which are a part of a typical livestock ranch, where cattle, sheep, and similar animals are kept for finishing, shipment or slaughter. (Former Section CZ#A313-9(D))
170.3 GENERAL AGRICULTURE
The General Agriculture Use Type includes cultivation of food and fiber such as field and tree crops, dairying, pasturage, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including feed lots, stock yards, slaughter houses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. (Former Section CZ#A313-9(B))
170.4 HOG FARMING
The Hog Farming Use Type refers to any premises used solely or primarily for the raising or keeping of three (3) or more hogs, when raised, fed or fattened for the purposes of sale and consumption by other than the owner or resident of the site. (Former Section CZ#A313-9(C))
170.5 INTENSIVE AGRICULTURE
Any premises used solely or primarily for the raising or keeping of animals such as furbearers, frogs, or turkeys, when raised, fed or fattened for the purpose of sale and/or consumption by other than the owner of the site. (Former Section CZ#A313-9(G); Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99)
170.6 STABLES AND KENNELS
The Stables and Kennels Use Type refers to raising and keeping of dogs or horses (or similar hoofed animals) for hire or animals boarded and fed for compensation. (See “Stable” and “Kennel” in Section C: “Index of Definitions of Language and Legal Terms.”) (Former Section CZ#A313-9(E))
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types: (Former Section CZ#A313-6(A))
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section CZ#A313-6(C))
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section CZ#A313-6(D))
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section CZ#A313-6(D)(1))
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section CZ#A313-6(D)(2))
171.2.3Public swimming pools. (Former Section CZ#A313-6(D)(3))
171.3 CULTURAL, NON-ASSEMBLY
The Non-Assembly Cultural Use Type includes the activities typically performed by the following institutions: (Former Section CZ#A313-6(E))
171.3.1Public, parochial, and private non-profit museums and art galleries and similar organizations; (Former Section CZ#A313-6(E) (1))
171.3.2Public, parochial, and private non-profit libraries and observatories and similar institutions. (Former Section CZ#A313-6(E)(2))
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (Former Section CZ#A313-6(M))
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(M))
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include: Former Section CZ#A313-6(B))
171.5.1Fire and police stations; (Former Section CZ#A313-6(B)(1))
171.5.2Ambulance services; (Former Section CZ#A313-6(B)(2))
171.5.3Post offices, excluding major processing centers; (Former Section CZ#A313-6(B)(3))
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards; (Former Section CZ#A313-6(B)(4))
171.5.5Community wells, water storage tanks, and associated water treatment facilities. (Former Section CZ#A313-6(B)(5))
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Former Section CZ#A313-6(B)(6); (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields. (Former Section CZ#A313-6(B)(7))
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (Former Section CZ#A313-6(H))
171.6.1Airports, heliports, and helistops; (Former Section CZ#A313-6(H)(1))
171.6.2Railroad stations; (Former Section CZ#A313-6(H)(2))
171.6.3Bus Depots; (Former Section CZ#A313-6(H)(3))
171.6.4Publicly operated parking garages; (Former Section CZ#A313-6(H)(4))
171.6.5Water and wastewater treatment plants; (Former Section CZ#A313-6(H)(5))
171.6.6Cemeteries, mausoleums, crematoriums and columbariums; (Former Section CZ#A313-6(H)(6))
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities; (Former Section CZ#A313-6(H)(7))
171.6.8Military installations; (Former Section CZ#A313-6(H)(8))
171.6.9Electrical power plants operated by a government entity or public utility; (Former Section CZ#A313-6(H)(9))
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility. (Former Section CZ#A3136(H)(10))
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than 5 megawatt) and accessory structures and utility lines; and communication transmission facilities, including radio and television transmission antennae, communication equipment installations and exchanges, and substations. (Former Section CZ#A313-6(K))
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (Former Section CZ#A313-6(K))
171.8 HEALTH CARE SERVICES
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions: (Former Section CZ#A313-6(G))
171.8.1.1Health and medical clinics; (Former Section CZ#A313-6(G)(1))
171.8.1.2Hospitals; (Former Section CZ#A313-6(G)(2)
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases; (Former Section CZ#A313-6(G)(3))
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care. (Former Section CZ#A313-6(G)(4))
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities.) (Former Section CZ#A313-6(G))
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (Former Section CZ#A313-6(L))
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (Former Section CZ#A3136(L))
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (Former Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98)
171.11 SOLID WASTE DISPOSAL
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1The disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and (Former Section CZ#A313-6(I))
171.11.1.2Liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites. (Former Section CZ#A313-6(I))
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1Sewage collected and treated in a sewerage system; or (Former Section CZ#A313-6(I)(1))
171.11.2.2Materials or substances having commercial value that have been salvaged for reuse, recycling or resale. (Former Section CZ#A313-6(I)(2))
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (Former Section CZ#A313-6(J)) Your Selections
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types: (Former Section CZ#A313-7(A))
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section CZ#A313-7(D))
172.2 REPEALED BY ORD. 2733, § 5, 3/5/2024.
172.3 COASTAL-DEPENDENT COMMERCIAL RECREATION
The Coastal-Dependent Recreation Use Type includes visitor serving recreational facilities which require channel access, such as marinas serving other than solely commercial vessels, fishing piers, boat launching facilities, bait shops, and marine hardware. (Former Section CZ#A313-7(P))
172.4 COMMERCIAL RECREATION
The Commercial Recreation Use Type refers to facilities serving recreational needs but operated for private profit, including, for example, riding stables, chartered fishing boats, tourist attractions and amusement or marine parks, including special occupancy parks and tent camps. (Former Section CZ#A313-7(M); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.5 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section CZ#A313-7(G))
172.6 INCIDENTAL CAMPING AREA
“Incidental Camping Area” as used in this ordinance has the same meaning as stated in Sec. 18208 of the California Health and Safety Code (Incidental camping area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. The density of usage shall not exceed twenty-five (25) camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Ord. 2167, § 12, 4/7/1998)
172.7 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section CZ#A313-7(E))
172.8 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section CZ#A313-7(H))
172.9 PRIVATE INSTITUTION
172.9.1The Private Institution Use Type includes sanitariums, rest homes and convalescent homes providing for the rooming or boarding of any aged or convalescent person, whether ambulatory or nonambulatory, for which a license has been acquired from county, state or federal agencies. (Former Section CZ#A313-7(I))
172.9.2This use type does not include accessory residential uses. (Former Section CZ#A313-7(I))
172.10 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a nonprofit organization and open only to members of such nonprofit organizations and their guests. (Former Section CZ#A313-7(O))
172.11 RECREATIONAL VEHICLE PARKS
“Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Sec. 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land, or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which are occupied for temporary purposes subject to the Special Occupancy Park Regulations in this Chapter (Section 313-113.1). (Former Section CZ#A313-7(N); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.12 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section CZ#A313-7(B))
172.13 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section CZ#A313-7(C))
172.15 TEMPORARY RECREATIONAL VEHICLE PARK
“Temporary Recreational Vehicle Park” as used in this ordinance has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased, or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed eleven (11) consecutive days, and is then removed. (Former Section CZ#A313-7(S); Added by Ord. 2167, Sec. 12, 4/7/98)
172.16 TENT CAMP
“Tent Camp” as used in this ordinance has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or for the exclusive use of camping parties. (Former Section CZ#A313-7(T); Added by Ord. 2167, Sec. 12, 4/7/98)
172.17 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section CZ#A313-7(J); Amended by Ord. 2167, Sec. 12, 4/7/98)
172.18 VISITOR SERVING FACILITIES
The Visitor Serving Facilities Use Type includes public and private developments that provide accommodations, food and services for tourists, including, for example, transient habitation facilities, tent camps, restaurants, and commercial-recreation developments such as art galleries, antique shops, curio shops, eating and amusement areas. (Former Section CZ#A313-7(L); Amended by Ord. 2153, Sec. 2, 12/9/97; Amended by Ord. 2167, Sec. 7, 4/7/98)
172.19 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section CZ#A313-7(F)) (Ord. 2733, § 5, 3/5/2024)
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The Commercial Timber Use Type includes the on-site production of commercial timber products. The following are Commercial Timber Use Types: (Former Section CZ#A313-10(A)
173.1 TIMBER PRODUCTION
The Timber Production Use Type refers to the growing, management, and harvesting of trees of any commercial species used to produce timber and other forest products including Christmas trees, and may include any use which is integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings, and log storage areas, portable chippers and portable sawmills. (See also, definitions for “Timber Harvest” and “Timber Management.”) (Former Section CZ#A31310(B))
173.2 TIMBER-RELATED RECREATION
173.1.1The Timber-Related Recreation Use Type includes recreational facilities developed in conjunction with timber production, including hunting and duck camps, skiing, and dude ranches. (Former Section CZ#A313-10(C)
173.1.2The Timber-Related Recreation Use Type does not include such recreational activities as golf courses which require non-timber related development. (Former Section CZ#A313-10(C))
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The Commercial Timber Use Type includes the on-site production of commercial timber products. The following are Commercial Timber Use Types: (Former Section CZ#A313-10(A)
173.1 TIMBER PRODUCTION
The Timber Production Use Type refers to the growing, management, and harvesting of trees of any commercial species used to produce timber and other forest products including Christmas trees, and may include any use which is integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings, and log storage areas, portable chippers and portable sawmills. (See also, definitions for “Timber Harvest” and “Timber Management.”) (Former Section CZ#A31310(B))
173.2 TIMBER-RELATED RECREATION
173.1.1The Timber-Related Recreation Use Type includes recreational facilities developed in conjunction with timber production, including hunting and duck camps, skiing, and dude ranches. (Former Section CZ#A313-10(C)
173.1.2The Timber-Related Recreation Use Type does not include such recreational activities as golf courses which require non-timber related development. (Former Section CZ#A313-10(C))
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The Commercial Timber Use Type includes the on-site production of commercial timber products. The following are Commercial Timber Use Types: (Former Section CZ#A313-10(A)
173.1 TIMBER PRODUCTION
The Timber Production Use Type refers to the growing, management, and harvesting of trees of any commercial species used to produce timber and other forest products including Christmas trees, and may include any use which is integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings, and log storage areas, portable chippers and portable sawmills. (See also, definitions for “Timber Harvest” and “Timber Management.”) (Former Section CZ#A31310(B))
173.2 TIMBER-RELATED RECREATION
173.1.1The Timber-Related Recreation Use Type includes recreational facilities developed in conjunction with timber production, including hunting and duck camps, skiing, and dude ranches. (Former Section CZ#A313-10(C)
173.1.2The Timber-Related Recreation Use Type does not include such recreational activities as golf courses which require non-timber related development. (Former Section CZ#A313-10(C))
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Extractive Use Types include the on-site production of mineral products by extractive methods. The following are Extractive Use Types: (Former Section CZ#A313-11(A))
174.1 METALLIC MINERAL EXTRACTION
The Metallic Mineral Extraction Use Type refers to the surface or subsurface extraction of metallic minerals such as gold, copper, chromium, and zinc, and not including stationary on-site processing facilities of any type; subject to Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(F))
174.2 OIL AND GAS DRILLING AND PROCESSING
The Oil and Gas Drilling and Processing Use Type refers to the operation and maintenance of oil and gas drilling including essential - on-site processing, subject to the Oil and Gas Drilling and Processing Regulations in this Chapter (see Section 313 57.1). (Former Section CZ#A313-11(E))
174.3 SURFACE MINING - 1
The Surface Mining - 1 Use Type refers to surface extraction of nonmetallic minerals, such as sand, gravel and rock, and including fixed on-site processing facilities such as stationary crushers, separators, kilns, and transfer stations; or similar fixed facilities subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(B))
174.4 SURFACE MINING - 2
The Surface Mining - 2 Use Type refers to surface extraction of nonmetallic minerals such as sand and gravel, but not including stationary on-site processing facilities of any type, subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(C))
174.5 SURFACE MINING - 3
The Surface Mining - 3 Use Type refers to surface extraction on nonmetallic minerals such as sand and gravel, confined only to rivers and areas of wind-blown sands, and not including stationary on-site processing facilities of any type; subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(D))
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Extractive Use Types include the on-site production of mineral products by extractive methods. The following are Extractive Use Types: (Former Section CZ#A313-11(A))
174.1 METALLIC MINERAL EXTRACTION
The Metallic Mineral Extraction Use Type refers to the surface or subsurface extraction of metallic minerals such as gold, copper, chromium, and zinc, and not including stationary on-site processing facilities of any type; subject to Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(F))
174.2 OIL AND GAS DRILLING AND PROCESSING
The Oil and Gas Drilling and Processing Use Type refers to the operation and maintenance of oil and gas drilling including essential - on-site processing, subject to the Oil and Gas Drilling and Processing Regulations in this Chapter (see Section 313 57.1). (Former Section CZ#A313-11(E))
174.3 SURFACE MINING - 1
The Surface Mining - 1 Use Type refers to surface extraction of nonmetallic minerals, such as sand, gravel and rock, and including fixed on-site processing facilities such as stationary crushers, separators, kilns, and transfer stations; or similar fixed facilities subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(B))
174.4 SURFACE MINING - 2
The Surface Mining - 2 Use Type refers to surface extraction of nonmetallic minerals such as sand and gravel, but not including stationary on-site processing facilities of any type, subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(C))
174.5 SURFACE MINING - 3
The Surface Mining - 3 Use Type refers to surface extraction on nonmetallic minerals such as sand and gravel, confined only to rivers and areas of wind-blown sands, and not including stationary on-site processing facilities of any type; subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(D))
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Extractive Use Types include the on-site production of mineral products by extractive methods. The following are Extractive Use Types: (Former Section CZ#A313-11(A))
174.1 METALLIC MINERAL EXTRACTION
The Metallic Mineral Extraction Use Type refers to the surface or subsurface extraction of metallic minerals such as gold, copper, chromium, and zinc, and not including stationary on-site processing facilities of any type; subject to Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(F))
174.2 OIL AND GAS DRILLING AND PROCESSING
The Oil and Gas Drilling and Processing Use Type refers to the operation and maintenance of oil and gas drilling including essential - on-site processing, subject to the Oil and Gas Drilling and Processing Regulations in this Chapter (see Section 313 57.1). (Former Section CZ#A313-11(E))
174.3 SURFACE MINING - 1
The Surface Mining - 1 Use Type refers to surface extraction of nonmetallic minerals, such as sand, gravel and rock, and including fixed on-site processing facilities such as stationary crushers, separators, kilns, and transfer stations; or similar fixed facilities subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(B))
174.4 SURFACE MINING - 2
The Surface Mining - 2 Use Type refers to surface extraction of nonmetallic minerals such as sand and gravel, but not including stationary on-site processing facilities of any type, subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(C))
174.5 SURFACE MINING - 3
The Surface Mining - 3 Use Type refers to surface extraction on nonmetallic minerals such as sand and gravel, confined only to rivers and areas of wind-blown sands, and not including stationary on-site processing facilities of any type; subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(D))
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Extractive Use Types include the on-site production of mineral products by extractive methods. The following are Extractive Use Types: (Former Section CZ#A313-11(A))
174.1 METALLIC MINERAL EXTRACTION
The Metallic Mineral Extraction Use Type refers to the surface or subsurface extraction of metallic minerals such as gold, copper, chromium, and zinc, and not including stationary on-site processing facilities of any type; subject to Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(F))
174.2 OIL AND GAS DRILLING AND PROCESSING
The Oil and Gas Drilling and Processing Use Type refers to the operation and maintenance of oil and gas drilling including essential - on-site processing, subject to the Oil and Gas Drilling and Processing Regulations in this Chapter (see Section 313 57.1). (Former Section CZ#A313-11(E))
174.3 SURFACE MINING - 1
The Surface Mining - 1 Use Type refers to surface extraction of nonmetallic minerals, such as sand, gravel and rock, and including fixed on-site processing facilities such as stationary crushers, separators, kilns, and transfer stations; or similar fixed facilities subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(B))
174.4 SURFACE MINING - 2
The Surface Mining - 2 Use Type refers to surface extraction of nonmetallic minerals such as sand and gravel, but not including stationary on-site processing facilities of any type, subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(C))
174.5 SURFACE MINING - 3
The Surface Mining - 3 Use Type refers to surface extraction on nonmetallic minerals such as sand and gravel, confined only to rivers and areas of wind-blown sands, and not including stationary on-site processing facilities of any type; subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(D))
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Extractive Use Types include the on-site production of mineral products by extractive methods. The following are Extractive Use Types: (Former Section CZ#A313-11(A))
174.1 METALLIC MINERAL EXTRACTION
The Metallic Mineral Extraction Use Type refers to the surface or subsurface extraction of metallic minerals such as gold, copper, chromium, and zinc, and not including stationary on-site processing facilities of any type; subject to Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(F))
174.2 OIL AND GAS DRILLING AND PROCESSING
The Oil and Gas Drilling and Processing Use Type refers to the operation and maintenance of oil and gas drilling including essential - on-site processing, subject to the Oil and Gas Drilling and Processing Regulations in this Chapter (see Section 313 57.1). (Former Section CZ#A313-11(E))
174.3 SURFACE MINING - 1
The Surface Mining - 1 Use Type refers to surface extraction of nonmetallic minerals, such as sand, gravel and rock, and including fixed on-site processing facilities such as stationary crushers, separators, kilns, and transfer stations; or similar fixed facilities subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(B))
174.4 SURFACE MINING - 2
The Surface Mining - 2 Use Type refers to surface extraction of nonmetallic minerals such as sand and gravel, but not including stationary on-site processing facilities of any type, subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(C))
174.5 SURFACE MINING - 3
The Surface Mining - 3 Use Type refers to surface extraction on nonmetallic minerals such as sand and gravel, confined only to rivers and areas of wind-blown sands, and not including stationary on-site processing facilities of any type; subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(D))
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Extractive Use Types include the on-site production of mineral products by extractive methods. The following are Extractive Use Types: (Former Section CZ#A313-11(A))
174.1 METALLIC MINERAL EXTRACTION
The Metallic Mineral Extraction Use Type refers to the surface or subsurface extraction of metallic minerals such as gold, copper, chromium, and zinc, and not including stationary on-site processing facilities of any type; subject to Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(F))
174.2 OIL AND GAS DRILLING AND PROCESSING
The Oil and Gas Drilling and Processing Use Type refers to the operation and maintenance of oil and gas drilling including essential - on-site processing, subject to the Oil and Gas Drilling and Processing Regulations in this Chapter (see Section 313 57.1). (Former Section CZ#A313-11(E))
174.3 SURFACE MINING - 1
The Surface Mining - 1 Use Type refers to surface extraction of nonmetallic minerals, such as sand, gravel and rock, and including fixed on-site processing facilities such as stationary crushers, separators, kilns, and transfer stations; or similar fixed facilities subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(B))
174.4 SURFACE MINING - 2
The Surface Mining - 2 Use Type refers to surface extraction of nonmetallic minerals such as sand and gravel, but not including stationary on-site processing facilities of any type, subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(C))
174.5 SURFACE MINING - 3
The Surface Mining - 3 Use Type refers to surface extraction on nonmetallic minerals such as sand and gravel, confined only to rivers and areas of wind-blown sands, and not including stationary on-site processing facilities of any type; subject to the Surface Mining and Reclamation Regulations in this Chapter (see Section 313-61.2). (Former Section CZ#A313-11(D))
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types: (Former Section CZ#A313-8(A))
175.1 AQUACULTURE
The Aquaculture Use Type refers to aquaculture operations, including but not limited to oyster and mussel culturing, crab holding facilities and including support facilities such as earthen impoundments, steel or concrete holding tanks and raceways. (Former Section CZ#A313-8(G))
175.2 COASTAL-DEPENDENT
The Coastal-Dependent Use Type includes any coastal-dependent industrial use which requires a maintained navigable channel to function, including, for example: public docks, water-borne carrier import and export operations, ship building and boat repair, commercial fishing facilities, including berthing and fish receiving, and fish processing when product is for human consumption (fish waste processing and fish processing of products for other than human consumption are permitted under the Coastal-Related Use Type), marine oil terminals, Outer Continental Shelf (OCS) service or supply bases, ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities, aquaculture and aquaculture support facilities. (Former Section CZ#A313-8(E))
175.3 COASTAL-RELATED
The Coastal-Related Use Type includes coastal-related industrial uses, including but not limited to fish waste processing and fish processing of products for other than human consumption, gas or oil processing and treatment facilities, electrical generating facilities or other facilities which require an ocean intake, outfall, or pipeline. Within the MC Zone, this use type includes alterations, improvements, and relocations of existing general industrial uses. (Former Section CZ#A313-8(F))
175.4 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section CZ#A313-8(H))
175.5 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (Former Section CZ#A313-8(D))
175.6 HEAVY INDUSTRIAL
The Heavy Industrial Use Type refers to industrial plants engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products, wrecking and salvage yards, petroleum refining, animal and fish products processing, electrical generation and distribution, and pulp mills, but excludes activities included within the Hazardous Industrial Use Type. (Former Section CZ#A313-8(C))
175.7 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorators’ yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section CZ#A313-8(B))
175.8 TIMBER PRODUCTS PROCESSING
The Timber Products Processing Use Type refers to the commercial processing of raw wood and wood products, including saw mills, lumber mills and plywood mills, but not including pulp mills. (Former Section CZ#A313-8(I))
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types: (Former Section CZ#A313-8(A))
175.1 AQUACULTURE
The Aquaculture Use Type refers to aquaculture operations, including but not limited to oyster and mussel culturing, crab holding facilities and including support facilities such as earthen impoundments, steel or concrete holding tanks and raceways. (Former Section CZ#A313-8(G))
175.2 COASTAL-DEPENDENT
The Coastal-Dependent Use Type includes any coastal-dependent industrial use which requires a maintained navigable channel to function, including, for example: public docks, water-borne carrier import and export operations, ship building and boat repair, commercial fishing facilities, including berthing and fish receiving, and fish processing when product is for human consumption (fish waste processing and fish processing of products for other than human consumption are permitted under the Coastal-Related Use Type), marine oil terminals, Outer Continental Shelf (OCS) service or supply bases, ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities, aquaculture and aquaculture support facilities. (Former Section CZ#A313-8(E))
175.3 COASTAL-RELATED
The Coastal-Related Use Type includes coastal-related industrial uses, including but not limited to fish waste processing and fish processing of products for other than human consumption, gas or oil processing and treatment facilities, electrical generating facilities or other facilities which require an ocean intake, outfall, or pipeline. Within the MC Zone, this use type includes alterations, improvements, and relocations of existing general industrial uses. (Former Section CZ#A313-8(F))
175.4 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section CZ#A313-8(H))
175.5 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (Former Section CZ#A313-8(D))
175.6 HEAVY INDUSTRIAL
The Heavy Industrial Use Type refers to industrial plants engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products, wrecking and salvage yards, petroleum refining, animal and fish products processing, electrical generation and distribution, and pulp mills, but excludes activities included within the Hazardous Industrial Use Type. (Former Section CZ#A313-8(C))
175.7 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorators’ yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section CZ#A313-8(B))
175.8 TIMBER PRODUCTS PROCESSING
The Timber Products Processing Use Type refers to the commercial processing of raw wood and wood products, including saw mills, lumber mills and plywood mills, but not including pulp mills. (Former Section CZ#A313-8(I))
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types: (Former Section CZ#A313-8(A))
175.1 AQUACULTURE
The Aquaculture Use Type refers to aquaculture operations, including but not limited to oyster and mussel culturing, crab holding facilities and including support facilities such as earthen impoundments, steel or concrete holding tanks and raceways. (Former Section CZ#A313-8(G))
175.2 COASTAL-DEPENDENT
The Coastal-Dependent Use Type includes any coastal-dependent industrial use which requires a maintained navigable channel to function, including, for example: public docks, water-borne carrier import and export operations, ship building and boat repair, commercial fishing facilities, including berthing and fish receiving, and fish processing when product is for human consumption (fish waste processing and fish processing of products for other than human consumption are permitted under the Coastal-Related Use Type), marine oil terminals, Outer Continental Shelf (OCS) service or supply bases, ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities, aquaculture and aquaculture support facilities. (Former Section CZ#A313-8(E))
175.3 COASTAL-RELATED
The Coastal-Related Use Type includes coastal-related industrial uses, including but not limited to fish waste processing and fish processing of products for other than human consumption, gas or oil processing and treatment facilities, electrical generating facilities or other facilities which require an ocean intake, outfall, or pipeline. Within the MC Zone, this use type includes alterations, improvements, and relocations of existing general industrial uses. (Former Section CZ#A313-8(F))
175.4 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section CZ#A313-8(H))
175.5 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (Former Section CZ#A313-8(D))
175.6 HEAVY INDUSTRIAL
The Heavy Industrial Use Type refers to industrial plants engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products, wrecking and salvage yards, petroleum refining, animal and fish products processing, electrical generation and distribution, and pulp mills, but excludes activities included within the Hazardous Industrial Use Type. (Former Section CZ#A313-8(C))
175.7 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorators’ yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section CZ#A313-8(B))
175.8 TIMBER PRODUCTS PROCESSING
The Timber Products Processing Use Type refers to the commercial processing of raw wood and wood products, including saw mills, lumber mills and plywood mills, but not including pulp mills. (Former Section CZ#A313-8(I))
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types: (Former Section CZ#A313-8(A))
175.1 AQUACULTURE
The Aquaculture Use Type refers to aquaculture operations, including but not limited to oyster and mussel culturing, crab holding facilities and including support facilities such as earthen impoundments, steel or concrete holding tanks and raceways. (Former Section CZ#A313-8(G))
175.2 COASTAL-DEPENDENT
The Coastal-Dependent Use Type includes any coastal-dependent industrial use which requires a maintained navigable channel to function, including, for example: public docks, water-borne carrier import and export operations, ship building and boat repair, commercial fishing facilities, including berthing and fish receiving, and fish processing when product is for human consumption (fish waste processing and fish processing of products for other than human consumption are permitted under the Coastal-Related Use Type), marine oil terminals, Outer Continental Shelf (OCS) service or supply bases, ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities, aquaculture and aquaculture support facilities. (Former Section CZ#A313-8(E))
175.3 COASTAL-RELATED
The Coastal-Related Use Type includes coastal-related industrial uses, including but not limited to fish waste processing and fish processing of products for other than human consumption, gas or oil processing and treatment facilities, electrical generating facilities or other facilities which require an ocean intake, outfall, or pipeline. Within the MC Zone, this use type includes alterations, improvements, and relocations of existing general industrial uses. (Former Section CZ#A313-8(F))
175.4 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section CZ#A313-8(H))
175.5 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (Former Section CZ#A313-8(D))
175.6 HEAVY INDUSTRIAL
The Heavy Industrial Use Type refers to industrial plants engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products, wrecking and salvage yards, petroleum refining, animal and fish products processing, electrical generation and distribution, and pulp mills, but excludes activities included within the Hazardous Industrial Use Type. (Former Section CZ#A313-8(C))
175.7 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorators’ yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section CZ#A313-8(B))
175.8 TIMBER PRODUCTS PROCESSING
The Timber Products Processing Use Type refers to the commercial processing of raw wood and wood products, including saw mills, lumber mills and plywood mills, but not including pulp mills. (Former Section CZ#A313-8(I))
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types: (Former Section CZ#A313-8(A))
175.1 AQUACULTURE
The Aquaculture Use Type refers to aquaculture operations, including but not limited to oyster and mussel culturing, crab holding facilities and including support facilities such as earthen impoundments, steel or concrete holding tanks and raceways. (Former Section CZ#A313-8(G))
175.2 COASTAL-DEPENDENT
The Coastal-Dependent Use Type includes any coastal-dependent industrial use which requires a maintained navigable channel to function, including, for example: public docks, water-borne carrier import and export operations, ship building and boat repair, commercial fishing facilities, including berthing and fish receiving, and fish processing when product is for human consumption (fish waste processing and fish processing of products for other than human consumption are permitted under the Coastal-Related Use Type), marine oil terminals, Outer Continental Shelf (OCS) service or supply bases, ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities, aquaculture and aquaculture support facilities. (Former Section CZ#A313-8(E))
175.3 COASTAL-RELATED
The Coastal-Related Use Type includes coastal-related industrial uses, including but not limited to fish waste processing and fish processing of products for other than human consumption, gas or oil processing and treatment facilities, electrical generating facilities or other facilities which require an ocean intake, outfall, or pipeline. Within the MC Zone, this use type includes alterations, improvements, and relocations of existing general industrial uses. (Former Section CZ#A313-8(F))
175.4 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section CZ#A313-8(H))
175.5 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (Former Section CZ#A313-8(D))
175.6 HEAVY INDUSTRIAL
The Heavy Industrial Use Type refers to industrial plants engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products, wrecking and salvage yards, petroleum refining, animal and fish products processing, electrical generation and distribution, and pulp mills, but excludes activities included within the Hazardous Industrial Use Type. (Former Section CZ#A313-8(C))
175.7 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorators’ yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section CZ#A313-8(B))
175.8 TIMBER PRODUCTS PROCESSING
The Timber Products Processing Use Type refers to the commercial processing of raw wood and wood products, including saw mills, lumber mills and plywood mills, but not including pulp mills. (Former Section CZ#A313-8(I))
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types: (Former Section CZ#A313-8(A))
175.1 AQUACULTURE
The Aquaculture Use Type refers to aquaculture operations, including but not limited to oyster and mussel culturing, crab holding facilities and including support facilities such as earthen impoundments, steel or concrete holding tanks and raceways. (Former Section CZ#A313-8(G))
175.2 COASTAL-DEPENDENT
The Coastal-Dependent Use Type includes any coastal-dependent industrial use which requires a maintained navigable channel to function, including, for example: public docks, water-borne carrier import and export operations, ship building and boat repair, commercial fishing facilities, including berthing and fish receiving, and fish processing when product is for human consumption (fish waste processing and fish processing of products for other than human consumption are permitted under the Coastal-Related Use Type), marine oil terminals, Outer Continental Shelf (OCS) service or supply bases, ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities, aquaculture and aquaculture support facilities. (Former Section CZ#A313-8(E))
175.3 COASTAL-RELATED
The Coastal-Related Use Type includes coastal-related industrial uses, including but not limited to fish waste processing and fish processing of products for other than human consumption, gas or oil processing and treatment facilities, electrical generating facilities or other facilities which require an ocean intake, outfall, or pipeline. Within the MC Zone, this use type includes alterations, improvements, and relocations of existing general industrial uses. (Former Section CZ#A313-8(F))
175.4 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section CZ#A313-8(H))
175.5 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (Former Section CZ#A313-8(D))
175.6 HEAVY INDUSTRIAL
The Heavy Industrial Use Type refers to industrial plants engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products, wrecking and salvage yards, petroleum refining, animal and fish products processing, electrical generation and distribution, and pulp mills, but excludes activities included within the Hazardous Industrial Use Type. (Former Section CZ#A313-8(C))
175.7 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorators’ yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section CZ#A313-8(B))
175.8 TIMBER PRODUCTS PROCESSING
The Timber Products Processing Use Type refers to the commercial processing of raw wood and wood products, including saw mills, lumber mills and plywood mills, but not including pulp mills. (Former Section CZ#A313-8(I))
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types: (Former Section CZ#A313-8(A))
175.1 AQUACULTURE
The Aquaculture Use Type refers to aquaculture operations, including but not limited to oyster and mussel culturing, crab holding facilities and including support facilities such as earthen impoundments, steel or concrete holding tanks and raceways. (Former Section CZ#A313-8(G))
175.2 COASTAL-DEPENDENT
The Coastal-Dependent Use Type includes any coastal-dependent industrial use which requires a maintained navigable channel to function, including, for example: public docks, water-borne carrier import and export operations, ship building and boat repair, commercial fishing facilities, including berthing and fish receiving, and fish processing when product is for human consumption (fish waste processing and fish processing of products for other than human consumption are permitted under the Coastal-Related Use Type), marine oil terminals, Outer Continental Shelf (OCS) service or supply bases, ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities, aquaculture and aquaculture support facilities. (Former Section CZ#A313-8(E))
175.3 COASTAL-RELATED
The Coastal-Related Use Type includes coastal-related industrial uses, including but not limited to fish waste processing and fish processing of products for other than human consumption, gas or oil processing and treatment facilities, electrical generating facilities or other facilities which require an ocean intake, outfall, or pipeline. Within the MC Zone, this use type includes alterations, improvements, and relocations of existing general industrial uses. (Former Section CZ#A313-8(F))
175.4 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section CZ#A313-8(H))
175.5 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (Former Section CZ#A313-8(D))
175.6 HEAVY INDUSTRIAL
The Heavy Industrial Use Type refers to industrial plants engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products, wrecking and salvage yards, petroleum refining, animal and fish products processing, electrical generation and distribution, and pulp mills, but excludes activities included within the Hazardous Industrial Use Type. (Former Section CZ#A313-8(C))
175.7 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorators’ yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section CZ#A313-8(B))
175.8 TIMBER PRODUCTS PROCESSING
The Timber Products Processing Use Type refers to the commercial processing of raw wood and wood products, including saw mills, lumber mills and plywood mills, but not including pulp mills. (Former Section CZ#A313-8(I))
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types: (Former Section CZ#A313-8(A))
175.1 AQUACULTURE
The Aquaculture Use Type refers to aquaculture operations, including but not limited to oyster and mussel culturing, crab holding facilities and including support facilities such as earthen impoundments, steel or concrete holding tanks and raceways. (Former Section CZ#A313-8(G))
175.2 COASTAL-DEPENDENT
The Coastal-Dependent Use Type includes any coastal-dependent industrial use which requires a maintained navigable channel to function, including, for example: public docks, water-borne carrier import and export operations, ship building and boat repair, commercial fishing facilities, including berthing and fish receiving, and fish processing when product is for human consumption (fish waste processing and fish processing of products for other than human consumption are permitted under the Coastal-Related Use Type), marine oil terminals, Outer Continental Shelf (OCS) service or supply bases, ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities, aquaculture and aquaculture support facilities. (Former Section CZ#A313-8(E))
175.3 COASTAL-RELATED
The Coastal-Related Use Type includes coastal-related industrial uses, including but not limited to fish waste processing and fish processing of products for other than human consumption, gas or oil processing and treatment facilities, electrical generating facilities or other facilities which require an ocean intake, outfall, or pipeline. Within the MC Zone, this use type includes alterations, improvements, and relocations of existing general industrial uses. (Former Section CZ#A313-8(F))
175.4 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section CZ#A313-8(H))
175.5 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (Former Section CZ#A313-8(D))
175.6 HEAVY INDUSTRIAL
The Heavy Industrial Use Type refers to industrial plants engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products, wrecking and salvage yards, petroleum refining, animal and fish products processing, electrical generation and distribution, and pulp mills, but excludes activities included within the Hazardous Industrial Use Type. (Former Section CZ#A313-8(C))
175.7 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorators’ yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section CZ#A313-8(B))
175.8 TIMBER PRODUCTS PROCESSING
The Timber Products Processing Use Type refers to the commercial processing of raw wood and wood products, including saw mills, lumber mills and plywood mills, but not including pulp mills. (Former Section CZ#A313-8(I))
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types: (Former Section CZ#A313-8(A))
175.1 AQUACULTURE
The Aquaculture Use Type refers to aquaculture operations, including but not limited to oyster and mussel culturing, crab holding facilities and including support facilities such as earthen impoundments, steel or concrete holding tanks and raceways. (Former Section CZ#A313-8(G))
175.2 COASTAL-DEPENDENT
The Coastal-Dependent Use Type includes any coastal-dependent industrial use which requires a maintained navigable channel to function, including, for example: public docks, water-borne carrier import and export operations, ship building and boat repair, commercial fishing facilities, including berthing and fish receiving, and fish processing when product is for human consumption (fish waste processing and fish processing of products for other than human consumption are permitted under the Coastal-Related Use Type), marine oil terminals, Outer Continental Shelf (OCS) service or supply bases, ocean intake, outfall or discharge pipelines and pipelines serving offshore facilities, aquaculture and aquaculture support facilities. (Former Section CZ#A313-8(E))
175.3 COASTAL-RELATED
The Coastal-Related Use Type includes coastal-related industrial uses, including but not limited to fish waste processing and fish processing of products for other than human consumption, gas or oil processing and treatment facilities, electrical generating facilities or other facilities which require an ocean intake, outfall, or pipeline. Within the MC Zone, this use type includes alterations, improvements, and relocations of existing general industrial uses. (Former Section CZ#A313-8(F))
175.4 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section CZ#A313-8(H))
175.5 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (Former Section CZ#A313-8(D))
175.6 HEAVY INDUSTRIAL
The Heavy Industrial Use Type refers to industrial plants engaged in manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products, wrecking and salvage yards, petroleum refining, animal and fish products processing, electrical generation and distribution, and pulp mills, but excludes activities included within the Hazardous Industrial Use Type. (Former Section CZ#A313-8(C))
175.7 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorators’ yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section CZ#A313-8(B))
175.8 TIMBER PRODUCTS PROCESSING
The Timber Products Processing Use Type refers to the commercial processing of raw wood and wood products, including saw mills, lumber mills and plywood mills, but not including pulp mills. (Former Section CZ#A313-8(I))
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Natural Resource Use Types include the on-site structures and activities which are compatible with the protection and enhancement of sensitive coastal resources. The following are Natural Resource Use Types: (Former Section CZ#A313-12(A))
176.1 BOATING FACILITIES
The Boating Facilities Use Type includes the maintenance, improvement, and minor alteration of existing boating facilities in estuaries, consistent with Public Resources Code Section 30233. (Former Section CZ#A313-12(F))
176.2 FISH AND WILDLIFE HABITAT MANAGEMENT
The Fish and Wildlife Habitat Management Use Type refers to the manipulation or maintenance of vegetation or streams, or construction of minor structures to yield desired results in terms of habitat suitable for designated wildlife or fishery species or groups of species. (Former Section CZ#A313-12(B))
176.3 COASTAL PUBLIC ACCESS FACILITIES
The Coastal Public Access Facilities Use Type includes the development of coastal access facilities consistent with the Coastal Access Development Requirements. (Former Section CZ#A313-12(G))
176.4 RESOURCE-RELATED RECREATIONAL
The Resource-Related Recreational Use Type includes activities such as nature study, hunting and fishing, and includes the development of hunting blinds and similar minor facilities. (Former Section CZ#A313-12(E))
176.5 WATERSHED MANAGEMENT
The Watershed Management Use Type includes manipulation or maintenance of a total area or portion of an area draining into a given waterway or reservoir for purposes of wildlife or fishery enhancement, water quality or quantity enhancement, siltation and erosion control and for flood plain management. (Former Section CZ#A313-12(C))
176.6 WETLAND RESTORATION
The Wetland Restoration Use Type includes manipulation or management of an area to create or enhance wetland resource values such as fish and wildlife habitat, siltation and erosion control, and flood storage. (Former Section CZ#A313-12(D))
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Natural Resource Use Types include the on-site structures and activities which are compatible with the protection and enhancement of sensitive coastal resources. The following are Natural Resource Use Types: (Former Section CZ#A313-12(A))
176.1 BOATING FACILITIES
The Boating Facilities Use Type includes the maintenance, improvement, and minor alteration of existing boating facilities in estuaries, consistent with Public Resources Code Section 30233. (Former Section CZ#A313-12(F))
176.2 FISH AND WILDLIFE HABITAT MANAGEMENT
The Fish and Wildlife Habitat Management Use Type refers to the manipulation or maintenance of vegetation or streams, or construction of minor structures to yield desired results in terms of habitat suitable for designated wildlife or fishery species or groups of species. (Former Section CZ#A313-12(B))
176.3 COASTAL PUBLIC ACCESS FACILITIES
The Coastal Public Access Facilities Use Type includes the development of coastal access facilities consistent with the Coastal Access Development Requirements. (Former Section CZ#A313-12(G))
176.4 RESOURCE-RELATED RECREATIONAL
The Resource-Related Recreational Use Type includes activities such as nature study, hunting and fishing, and includes the development of hunting blinds and similar minor facilities. (Former Section CZ#A313-12(E))
176.5 WATERSHED MANAGEMENT
The Watershed Management Use Type includes manipulation or maintenance of a total area or portion of an area draining into a given waterway or reservoir for purposes of wildlife or fishery enhancement, water quality or quantity enhancement, siltation and erosion control and for flood plain management. (Former Section CZ#A313-12(C))
176.6 WETLAND RESTORATION
The Wetland Restoration Use Type includes manipulation or management of an area to create or enhance wetland resource values such as fish and wildlife habitat, siltation and erosion control, and flood storage. (Former Section CZ#A313-12(D))
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Natural Resource Use Types include the on-site structures and activities which are compatible with the protection and enhancement of sensitive coastal resources. The following are Natural Resource Use Types: (Former Section CZ#A313-12(A))
176.1 BOATING FACILITIES
The Boating Facilities Use Type includes the maintenance, improvement, and minor alteration of existing boating facilities in estuaries, consistent with Public Resources Code Section 30233. (Former Section CZ#A313-12(F))
176.2 FISH AND WILDLIFE HABITAT MANAGEMENT
The Fish and Wildlife Habitat Management Use Type refers to the manipulation or maintenance of vegetation or streams, or construction of minor structures to yield desired results in terms of habitat suitable for designated wildlife or fishery species or groups of species. (Former Section CZ#A313-12(B))
176.3 COASTAL PUBLIC ACCESS FACILITIES
The Coastal Public Access Facilities Use Type includes the development of coastal access facilities consistent with the Coastal Access Development Requirements. (Former Section CZ#A313-12(G))
176.4 RESOURCE-RELATED RECREATIONAL
The Resource-Related Recreational Use Type includes activities such as nature study, hunting and fishing, and includes the development of hunting blinds and similar minor facilities. (Former Section CZ#A313-12(E))
176.5 WATERSHED MANAGEMENT
The Watershed Management Use Type includes manipulation or maintenance of a total area or portion of an area draining into a given waterway or reservoir for purposes of wildlife or fishery enhancement, water quality or quantity enhancement, siltation and erosion control and for flood plain management. (Former Section CZ#A313-12(C))
176.6 WETLAND RESTORATION
The Wetland Restoration Use Type includes manipulation or management of an area to create or enhance wetland resource values such as fish and wildlife habitat, siltation and erosion control, and flood storage. (Former Section CZ#A313-12(D))
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Natural Resource Use Types include the on-site structures and activities which are compatible with the protection and enhancement of sensitive coastal resources. The following are Natural Resource Use Types: (Former Section CZ#A313-12(A))
176.1 BOATING FACILITIES
The Boating Facilities Use Type includes the maintenance, improvement, and minor alteration of existing boating facilities in estuaries, consistent with Public Resources Code Section 30233. (Former Section CZ#A313-12(F))
176.2 FISH AND WILDLIFE HABITAT MANAGEMENT
The Fish and Wildlife Habitat Management Use Type refers to the manipulation or maintenance of vegetation or streams, or construction of minor structures to yield desired results in terms of habitat suitable for designated wildlife or fishery species or groups of species. (Former Section CZ#A313-12(B))
176.3 COASTAL PUBLIC ACCESS FACILITIES
The Coastal Public Access Facilities Use Type includes the development of coastal access facilities consistent with the Coastal Access Development Requirements. (Former Section CZ#A313-12(G))
176.4 RESOURCE-RELATED RECREATIONAL
The Resource-Related Recreational Use Type includes activities such as nature study, hunting and fishing, and includes the development of hunting blinds and similar minor facilities. (Former Section CZ#A313-12(E))
176.5 WATERSHED MANAGEMENT
The Watershed Management Use Type includes manipulation or maintenance of a total area or portion of an area draining into a given waterway or reservoir for purposes of wildlife or fishery enhancement, water quality or quantity enhancement, siltation and erosion control and for flood plain management. (Former Section CZ#A313-12(C))
176.6 WETLAND RESTORATION
The Wetland Restoration Use Type includes manipulation or management of an area to create or enhance wetland resource values such as fish and wildlife habitat, siltation and erosion control, and flood storage. (Former Section CZ#A313-12(D))
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Natural Resource Use Types include the on-site structures and activities which are compatible with the protection and enhancement of sensitive coastal resources. The following are Natural Resource Use Types: (Former Section CZ#A313-12(A))
176.1 BOATING FACILITIES
The Boating Facilities Use Type includes the maintenance, improvement, and minor alteration of existing boating facilities in estuaries, consistent with Public Resources Code Section 30233. (Former Section CZ#A313-12(F))
176.2 FISH AND WILDLIFE HABITAT MANAGEMENT
The Fish and Wildlife Habitat Management Use Type refers to the manipulation or maintenance of vegetation or streams, or construction of minor structures to yield desired results in terms of habitat suitable for designated wildlife or fishery species or groups of species. (Former Section CZ#A313-12(B))
176.3 COASTAL PUBLIC ACCESS FACILITIES
The Coastal Public Access Facilities Use Type includes the development of coastal access facilities consistent with the Coastal Access Development Requirements. (Former Section CZ#A313-12(G))
176.4 RESOURCE-RELATED RECREATIONAL
The Resource-Related Recreational Use Type includes activities such as nature study, hunting and fishing, and includes the development of hunting blinds and similar minor facilities. (Former Section CZ#A313-12(E))
176.5 WATERSHED MANAGEMENT
The Watershed Management Use Type includes manipulation or maintenance of a total area or portion of an area draining into a given waterway or reservoir for purposes of wildlife or fishery enhancement, water quality or quantity enhancement, siltation and erosion control and for flood plain management. (Former Section CZ#A313-12(C))
176.6 WETLAND RESTORATION
The Wetland Restoration Use Type includes manipulation or management of an area to create or enhance wetland resource values such as fish and wildlife habitat, siltation and erosion control, and flood storage. (Former Section CZ#A313-12(D))
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Natural Resource Use Types include the on-site structures and activities which are compatible with the protection and enhancement of sensitive coastal resources. The following are Natural Resource Use Types: (Former Section CZ#A313-12(A))
176.1 BOATING FACILITIES
The Boating Facilities Use Type includes the maintenance, improvement, and minor alteration of existing boating facilities in estuaries, consistent with Public Resources Code Section 30233. (Former Section CZ#A313-12(F))
176.2 FISH AND WILDLIFE HABITAT MANAGEMENT
The Fish and Wildlife Habitat Management Use Type refers to the manipulation or maintenance of vegetation or streams, or construction of minor structures to yield desired results in terms of habitat suitable for designated wildlife or fishery species or groups of species. (Former Section CZ#A313-12(B))
176.3 COASTAL PUBLIC ACCESS FACILITIES
The Coastal Public Access Facilities Use Type includes the development of coastal access facilities consistent with the Coastal Access Development Requirements. (Former Section CZ#A313-12(G))
176.4 RESOURCE-RELATED RECREATIONAL
The Resource-Related Recreational Use Type includes activities such as nature study, hunting and fishing, and includes the development of hunting blinds and similar minor facilities. (Former Section CZ#A313-12(E))
176.5 WATERSHED MANAGEMENT
The Watershed Management Use Type includes manipulation or maintenance of a total area or portion of an area draining into a given waterway or reservoir for purposes of wildlife or fishery enhancement, water quality or quantity enhancement, siltation and erosion control and for flood plain management. (Former Section CZ#A313-12(C))
176.6 WETLAND RESTORATION
The Wetland Restoration Use Type includes manipulation or management of an area to create or enhance wetland resource values such as fish and wildlife habitat, siltation and erosion control, and flood storage. (Former Section CZ#A313-12(D))
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Natural Resource Use Types include the on-site structures and activities which are compatible with the protection and enhancement of sensitive coastal resources. The following are Natural Resource Use Types: (Former Section CZ#A313-12(A))
176.1 BOATING FACILITIES
The Boating Facilities Use Type includes the maintenance, improvement, and minor alteration of existing boating facilities in estuaries, consistent with Public Resources Code Section 30233. (Former Section CZ#A313-12(F))
176.2 FISH AND WILDLIFE HABITAT MANAGEMENT
The Fish and Wildlife Habitat Management Use Type refers to the manipulation or maintenance of vegetation or streams, or construction of minor structures to yield desired results in terms of habitat suitable for designated wildlife or fishery species or groups of species. (Former Section CZ#A313-12(B))
176.3 COASTAL PUBLIC ACCESS FACILITIES
The Coastal Public Access Facilities Use Type includes the development of coastal access facilities consistent with the Coastal Access Development Requirements. (Former Section CZ#A313-12(G))
176.4 RESOURCE-RELATED RECREATIONAL
The Resource-Related Recreational Use Type includes activities such as nature study, hunting and fishing, and includes the development of hunting blinds and similar minor facilities. (Former Section CZ#A313-12(E))
176.5 WATERSHED MANAGEMENT
The Watershed Management Use Type includes manipulation or maintenance of a total area or portion of an area draining into a given waterway or reservoir for purposes of wildlife or fishery enhancement, water quality or quantity enhancement, siltation and erosion control and for flood plain management. (Former Section CZ#A313-12(C))
176.6 WETLAND RESTORATION
The Wetland Restoration Use Type includes manipulation or management of an area to create or enhance wetland resource values such as fish and wildlife habitat, siltation and erosion control, and flood storage. (Former Section CZ#A313-12(D))
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities. (Former Section CZ#A313-5(A))
177.05 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is ancillary to a principal dwelling unit located on the same lot for occupancy by individuals or a household. (See Section 313-69.05, Accessory Dwelling Unit, for regulations governing accessory dwelling units.)
177.1 CARETAKER’S RESIDENCE
The Caretaker’s Residence Use Type refers to living quarters which are incidental to and under the same ownership as the principal use. (Former Section CZ#A313-5(G))
177.2 COMMUNITY CARE FACILITY
This term includes all the use types defined in State Law as Community Care Facilities (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home finding agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community Care Facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purposes of zoning. (See also, “Family Day Care Homes” and “Family Day Care Centers.”) (Former Section CZ#A313-5(K), CZ#A312-5; Added by Ord. 1842, Sec. 15, 8/16/88)
177.3 FAMILY DAY CARE CENTER
Any facility which provides, to more than twelve persons, non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of property. A Use Permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes.”) (Former Section CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.4 FAMILY DAY CARE HOME
Any facility which provides, to twelve or fewer children (including children of the owner or operator of the facility who reside at the home), non-medical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. (See also, “Community Care Facility” and “Family Day Care Center.”) (Former Section CZ#A313-5(L), CZ#A312-8; Added by Ord. 1842, Sec. 16, 8/16/88)
177.5 FARM EMPLOYEE HOUSING
The Farm Employee Housing Use Type refers to the occupancy by four (4) or fewer farm employees and their families of any living accommodations, without regard to duration, which occurs exclusively in association with the performance of agricultural labor. (See also, “Farm Employee” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section CZ#A313-5(H))
177.6 GROUP RESIDENTIAL
The Group Residential Use Type refers to the residential occupancy, for compensation, by groups of persons or individuals by prearrangement for definite periods. Typical uses include occupancy of sorority houses, retirement homes, and boarding houses. (Former Section CZ#A313-5(D))
177.7 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (Former Section CZ#A313-5(F))
177.8 LABOR CAMP
The Labor Camp Use Type refers to the occupancy of five or more farm or timber production employees and their families of any living quarters in association with the performance of agricultural or timber production labor. Labor camps shall be located on the premises where the work is performed and shall have a maximum continuous permitted duration of one year (1yr) from the effective date of the required Use Permit. (Former Section CZ#A313-5(I))
177.9 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (Former Section CZ#A313-5(E); Amended by Ord. 2167, Sec. 10, 4/7/98)
177.10 MULTI FAMILY RESIDENTIAL
The Multi Family Residential Use Type includes the residential occupancy of a duplex, or multiple main building or buildings by individuals or families on a nontransient basis and accessory uses necessarily and customarily associated with residential use. The specific types of multifamily uses allowed on a lot are specified in the Zoning Designations contained in this Chapter 3, Section A: Regulations for Zoning Districts. (Former Section CZ#A313-5(C))
177.11 RESIDENCE INCIDENTAL TO AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.12 SECOND AGRICULTURE OR COMMERCIAL TIMBER PRODUCTION RESIDENCE
(See Agriculture or Commercial Zoning Designations, Principal Permitted Uses.)
177.13 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, except for rental of single-family dwellings as vacation homes, where the use would not be otherwise different than the uses allowed to be made of single-family dwellings and accessory uses necessarily and customarily associated with residential use. (See also, Vacation Home Rental.) (Former Section CZ#A313-5(B)) (Ord. 2717, § 9, 6/27/2023; Ord. 2733, § 6, 3/5/2024) Your Selections
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1.1 ZONE MAPPING DESIGNATIONS ¶
The Principal Zone is the first zone designation applied to property which designates the principally permitted uses on the property. These uses are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. The Principal Zoning Districts shall be represented on the adopted zoning maps by the designations in the following table. (Former Section INL#313-1; Amended by Ord. 2214, 6/6/00)
1.2 LISTS OF PERMITTED USES ¶
Beginning with Section 314-2, Section A, Part 1 of this Chapter contains a list of permitted uses in the Principal Zones. These uses are listed by zone district, and are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. Definitions and terms used (such as “principal zone”) are explained in Section C: Index of Definitions of Language and Legal Terms. (Ord. 2214, 6/6/2000; Ord. 2422, § 1, 11/10/2009)
| PRINCIPAL ZONES - INLAND | ||
| ZONE DISTRICT | DESIGNATION | CODE SECTION |
| COMMERCIAL | ||
| Neighborhood Commercial | C-1 | 314-2.1 |
| CommunityCommercial | C-2 | 314-2.2 |
| Industrial Commercial | C-3 | 314-2.3 |
| HighwayService Commercial | CH | 314-2.4 |
| INDUSTRIAL | ||
| Business Park | MB | 314-3.1 |
| Limited Industrial | ML | 314-3.2 |
| HeavyIndustrial | MH | 314-3.3 |
| PUBLIC | ||
| Airport | AV | 314-4.1 |
| Public Facility (Urban) | PF1 | 314-4.2 |
| NATURAL HAZARD/FLOOD | ||
| Design Floodway | DF | 314-5.1 |
| Flood Plain | FP | 314-5.2 |
| RESIDENTIAL | ||
| Residential Suburban | RS | 314-6.1 |
| Residential One-Family | R-1 | 314-6.2 |
| Residential Two-Family | R-2 | 314-6.3 |
| Residential Multiple Family | R-3 | 314-6.4 |
| Apartment Professional | R-4 | 314-6.5 |
| Rural Residential Agricultural | RA | 314-6.6 |
| RESOURCE | ||
| Agriculture Exclusive | AE | 314-7.1 |
| Agriculture General | AG | 314-7.2 |
PRINCIPAL ZONES - INLAND
| PRINCIPAL ZONES - INLAND | PRINCIPAL ZONES - INLAND | PRINCIPAL ZONES - INLAND |
|---|---|---|
| ZONE DISTRICT | DESIGNATION | CODE SECTION |
| ForestryRecreation | FR | 314-7.3 |
| Timberland Production | TPZ | 314-7.4 |
| UNCLASSIFIED | ||
| Unclassified | U | 314-8.1 |
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1.1 ZONE MAPPING DESIGNATIONS ¶
The Principal Zone is the first zone designation applied to property which designates the principally permitted uses on the property. These uses are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. The Principal Zoning Districts shall be represented on the adopted zoning maps by the designations in the following table. (Former Section INL#313-1; Amended by Ord. 2214, 6/6/00)
1.2 LISTS OF PERMITTED USES ¶
Beginning with Section 314-2, Section A, Part 1 of this Chapter contains a list of permitted uses in the Principal Zones. These uses are listed by zone district, and are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. Definitions and terms used (such as “principal zone”) are explained in Section C: Index of Definitions of Language and Legal Terms. (Ord. 2214, 6/6/2000; Ord. 2422, § 1, 11/10/2009)
| PRINCIPAL ZONES - INLAND | ||
| ZONE DISTRICT | DESIGNATION | CODE SECTION |
| COMMERCIAL | ||
| Neighborhood Commercial | C-1 | 314-2.1 |
| CommunityCommercial | C-2 | 314-2.2 |
| Industrial Commercial | C-3 | 314-2.3 |
| HighwayService Commercial | CH | 314-2.4 |
| INDUSTRIAL | ||
| Business Park | MB | 314-3.1 |
| Limited Industrial | ML | 314-3.2 |
| HeavyIndustrial | MH | 314-3.3 |
| PUBLIC | ||
| Airport | AV | 314-4.1 |
| Public Facility (Urban) | PF1 | 314-4.2 |
| NATURAL HAZARD/FLOOD | ||
| Design Floodway | DF | 314-5.1 |
| Flood Plain | FP | 314-5.2 |
| RESIDENTIAL | ||
| Residential Suburban | RS | 314-6.1 |
| Residential One-Family | R-1 | 314-6.2 |
| Residential Two-Family | R-2 | 314-6.3 |
| Residential Multiple Family | R-3 | 314-6.4 |
| Apartment Professional | R-4 | 314-6.5 |
| Rural Residential Agricultural | RA | 314-6.6 |
| RESOURCE | ||
| Agriculture Exclusive | AE | 314-7.1 |
| Agriculture General | AG | 314-7.2 |
PRINCIPAL ZONES - INLAND
| PRINCIPAL ZONES - INLAND | PRINCIPAL ZONES - INLAND | PRINCIPAL ZONES - INLAND |
|---|---|---|
| ZONE DISTRICT | DESIGNATION | CODE SECTION |
| ForestryRecreation | FR | 314-7.3 |
| Timberland Production | TPZ | 314-7.4 |
| UNCLASSIFIED | ||
| Unclassified | U | 314-8.1 |
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1.1 ZONE MAPPING DESIGNATIONS ¶
The Principal Zone is the first zone designation applied to property which designates the principally permitted uses on the property. These uses are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. The Principal Zoning Districts shall be represented on the adopted zoning maps by the designations in the following table. (Former Section INL#313-1; Amended by Ord. 2214, 6/6/00)
1.2 LISTS OF PERMITTED USES ¶
Beginning with Section 314-2, Section A, Part 1 of this Chapter contains a list of permitted uses in the Principal Zones. These uses are listed by zone district, and are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. Definitions and terms used (such as “principal zone”) are explained in Section C: Index of Definitions of Language and Legal Terms. (Ord. 2214, 6/6/2000; Ord. 2422, § 1, 11/10/2009)
| PRINCIPAL ZONES - INLAND | ||
| ZONE DISTRICT | DESIGNATION | CODE SECTION |
| COMMERCIAL | ||
| Neighborhood Commercial | C-1 | 314-2.1 |
| CommunityCommercial | C-2 | 314-2.2 |
| Industrial Commercial | C-3 | 314-2.3 |
| HighwayService Commercial | CH | 314-2.4 |
| INDUSTRIAL | ||
| Business Park | MB | 314-3.1 |
| Limited Industrial | ML | 314-3.2 |
| HeavyIndustrial | MH | 314-3.3 |
| PUBLIC | ||
| Airport | AV | 314-4.1 |
| Public Facility (Urban) | PF1 | 314-4.2 |
| NATURAL HAZARD/FLOOD | ||
| Design Floodway | DF | 314-5.1 |
| Flood Plain | FP | 314-5.2 |
| RESIDENTIAL | ||
| Residential Suburban | RS | 314-6.1 |
| Residential One-Family | R-1 | 314-6.2 |
| Residential Two-Family | R-2 | 314-6.3 |
| Residential Multiple Family | R-3 | 314-6.4 |
| Apartment Professional | R-4 | 314-6.5 |
| Rural Residential Agricultural | RA | 314-6.6 |
| RESOURCE | ||
| Agriculture Exclusive | AE | 314-7.1 |
| Agriculture General | AG | 314-7.2 |
PRINCIPAL ZONES - INLAND
| PRINCIPAL ZONES - INLAND | PRINCIPAL ZONES - INLAND | PRINCIPAL ZONES - INLAND |
|---|---|---|
| ZONE DISTRICT | DESIGNATION | CODE SECTION |
| ForestryRecreation | FR | 314-7.3 |
| Timberland Production | TPZ | 314-7.4 |
| UNCLASSIFIED | ||
| Unclassified | U | 314-8.1 |
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2.1 C-1: NEIGHBORHOOD COMMERCIAL ZONE ¶
The Neighborhood Commercial or C-1 Zone is intended to provide for neighborhood shopping centers which will provide convenient sales and service facilities to residential areas without detracting from the residential desirability of such areas. The following regulations shall apply in all Neighborhood Commercial or C-1 Zones. (Former Section INL#314-34; Ord. 1086, Sec. 7, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-2.1 C-1: NEIGHBORHOOD COMMERCIAL Principal Permitted Uses Social halls, fraternal and social organizations, and clubs. Professional and business offices, and commercial instruction. Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. Sales of used and secondhand goods when appurtenant to any of the foregoing. Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (Added by Ord. 2166, Sec. 14, 4/7/98) Within Housing Opportunity Zones, multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. Supportive housing is permitted above the ground floor as the primary use. Emergency shelters. Tiny house villages and dependent unit villages with connection to public water and wastewater. Commercial Residential. Emergency dependent unit village. Uses Permitted With a Special Permit Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. (Added by Ord. 2313A 12/16/2003; Amended by Ord. 2335 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. Tiny house villages and dependent unit villages without connection to public water and wastewater. Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit
“Conditionally Permitted” in the C-1 Zone. (Added by Ord. 2313A 12/16/2003; Amended by Ord. 2335 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. Tiny house villages and dependent unit villages without connection to public water and wastewater. Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit
| 314-2.1 | C-1: NEIGHBORHOOD COMMERCIAL | |
|---|---|---|
| Manufactured homes, hotels, motels, boarding and rooming houses, and manufactured homeparks. |
||
| Alternative lodgeparks. | ||
| Small animal hospitals completelyenclosed within a building. | ||
| Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, publicgarages,and sales of used or secondhandgoods. |
||
| Private i byOrd. |
nstitutions where specifically allowed by the General Plan. (Amended 2161 on3/3/98) |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the C-1 Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | 2,000 square feet. | |
| Minimum Lot Width | Twenty-five feet(25'). | |
| Minimum Yard Setbacks ***** |
||
| Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential Zone (RS, R-1, R-2, R-3, R- 4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Forty-five feet (45'). (Ord. 1086,Sec.7, 7/13/76) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-34(c)(1-4); Amended by Ord. 2166, Sec. 13, 4/7/98)
2.2 C-2: COMMUNITY COMMERCIAL ZONE ¶
The Community Commercial or C-2 Zone is intended to apply to areas where more complete commercial facilities are necessary for community convenience. The following regulations shall apply in all Community Commercial or C-2 Zones. (Former Section INL#31437; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-2.2 | C-2: COMMUNITY COMMERCIAL | |
|---|---|---|
| Principal Permitted Uses |
C-2: COMMUNITY COMMERCIAL
314-2.2 Social halls, fraternal and social organizations, and clubs. Professional and business offices, and commercial instruction.
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3))
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98)
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, and sales of used or secondhand goods. (From Section INL#314-34(b)(3); Ord. 1086, Sec. 8, 7/13/76)
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone.
Emergency shelters. (Amended by Ord. 2472, Sec. 1, 2/14/12)
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Commercial Residential.
Emergency dependent unit villages. Uses Permitted With a Special Permit
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2235, 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. (Amended by Ord. 2472, Sec. 1, 2/14/12) Tiny house villages and dependent unit villages without connection to public water and wastewater.
Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit Hotels, motels, boarding and rooming houses, and manufactured home parks. Small animal hospitals completely enclosed within a building.
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet
C-2: COMMUNITY COMMERCIAL
314-2.2
stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (Amended by Ord. 1848, Sec. 14, 9/13/88)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-2 Zone.
| 314-2.2 | C-2: COMMUNITY COMMERCIAL |
|---|---|
| stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair.(Amended byOrd. 1848,Sec. 14, 9/13/88) |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the C-2 Zone. |
|
| Other Regulations | |
| Minimum Lot Area | 2,000 square feet. |
| Minimum Lot Width | Twenty-five feet(25'). |
| Minimum Yard Setbacks ***** |
|
| Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
| Side | None, except that a side yard of an interior lot abutting on a Residential Zone (RS, R-1, R-2, R-3, R- 4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
| Maximum Ground Coverage |
(None specified.) |
| Maximum Building Height |
Seventy-five feet (75'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-37(c)(1-2); Ord. 1086, Sec. 8, 7/13/76)
2.3 C-3: INDUSTRIAL COMMERCIAL ZONE ¶
The Industrial Commercial or C-3 Zone is intended to apply to areas where heavy commercial uses and compatible light industrial uses not serving day to day needs are the desirable predominant uses. The following regulations shall apply in all Industrial Commercial or C-3 Zones. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-38; Ord. 1801, Sec. 1, 6/30/87; Amended by Ord. 2472, Sec. 1, 2/14/12)
es and compatible light industrial uses not serving day to day needs are the desirable predominant uses. The following regulations shall apply in all Industrial Commercial or C-3 Zones. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-38; Ord. 1801, Sec. 1, 6/30/87; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Commercial Use Types |
Automotive Sales, Service and Repair Office and Professional Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Cottage Industry Research/Light Industrial |
|
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
| --- | --- | --- |
| Residential Use Types |
Emergency Shelters. (Amended by Ord. 2472,Sec. 1, 2/14/12) Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Commercial Residential. |
|
| Supportive housing is permitted above the ground floor as theprimaryuse. |
||
| Use Type | Uses Permitted With a Special Permit | |
| Residential Use Types |
Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Single-room occupancy facilities which are conversions of existing buildings. (Added by Ord. 2313A,12/16/03, Amended byOrd. 2335,12/14/04) |
|
| Supportive housing may be located on the ground floor with a specialpermit. |
||
| Use Type | Uses Permitted With a Use Permit | |
| Residential Use | Types |
|
| Civic Use Types | CommunityAssembly | |
| Commercial Use Types |
Heavy Commercial Neighborhood Commercial Retail Sales Retail Service Mini-Storage |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-3Zone. |
|
| Other Regulations | ||
| Minimum Lot Area |
5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
| --- | --- | --- |
| Minimum Yard Setbacks ***** |
||
| Front | Five feet(5'). | |
| Rear | Five feet(5'). | |
| Side | Five feet(5')or ten(10')feet on one side. | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Forty-five feet (45'). | |
| Special Regulations |
All equipment and materials storage areas shall be security fenced to a height of not less than six (6) feet. (Added byOrd. 1801,Sec. 1,6/30/87) |
|
| In addition, all such areas shall be screened from view of any residential area, public roadway, or recreational use area. (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1, 6/30/87) Such fencing and screening need not comply with yard setbacks, but shall comply with the Visibility Obstruction Regulations (Humboldt County Code, Section 341). (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1,6/30/87) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-38(a)(1-5); INL#314-38(b)(1-6); INL#314-38(c)(1-5))
2.4 CH: HIGHWAY SERVICE COMMERCIAL ZONE ¶
The Highway Service Commercial or CH Zone is intended to provide necessary services and conveniences for the traveling public along main roads and highway frontages at proper intervals and locations in developments designed for safety, convenience and suitable appearance. The following regulations shall apply in all highway Service Commercial or CH Zones. (Former Section INL#314-40; Ord. 1086, Sections 9 and 10, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-2.4 CH: HIGHWAY SERVICE COMMERCIAL
Principal Permitted Uses
Hotels and motels.
Emergency dependent unit villages.
Car washes.
Nurseries and greenhouses.
Amusement parks and commercial recreational facilities.
Social halls, fraternal and social organizations, and clubs. (From Section INL#314-34(a) (1)
Professional and business offices, and commercial instruction. (From Section INL#31434(a)(2))
314-2.4 CH: HIGHWAY SERVICE COMMERCIAL
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3))
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98)
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, sales of used or secondhand goods, and storage warehouses. (From Section INL#31434(b)(3))
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-H Zone.
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Commercial Residential.
Uses Permitted With a Special Permit
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the CH Zone, as well as emergency shelters outside areas mapped to specifically allow emergency shelters as a principally permitted use. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2335, 12/14/04)
Single-room occupancy facilities which are conversions of existing buildings.
Tiny house villages and dependent unit villages without connection to public water and wastewater.
Uses Permitted With a Use Permit
Small animal hospitals and kennels.
Special occupancy parks. (Amended by Ord. 2166, Sec. 15, 4/7/98)
Dwellings, manufactured homes, manufactured home parks and boarding and rooming houses.
Alternative lodge parks.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CH Zone.
CH: HIGHWAY SERVICE 314-2.4 COMMERCIAL Other Regulations 5,000 square feet.
Minimum Lot Area
| 314-2.4 | CH: HIGHWAY SERVICE COMMERCIAL |
|
|---|---|---|
| Other Regulations | ||
| Minimum Lot Width | Fiftyfeet(50'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Fifteen feet(15'). | |
| Rear | None, except that where a rear yard abuts on a Residential Zone (RS, R-1, R-2, R-3, R-4) such rear yard shall not be less than twentyfeet(20'). |
|
| Side | None, except that, where a side yard abuts on a Residential Zone (RS, R-1, R- 2, R-3, R-4), such side yard shall not be less than fifteen feet (15') provided further that such side yard, of a motel shall not be less than six(6)feet. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Building Height | Forty-five feet(45'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-40(a)(1-5); INL#314-40(b)(1-3); INL#314-40(c)(1-4)) (Ord. 2693, § 6, 6/7/2022; Ord. 2721, § 5, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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2.1 C-1: NEIGHBORHOOD COMMERCIAL ZONE ¶
The Neighborhood Commercial or C-1 Zone is intended to provide for neighborhood shopping centers which will provide convenient sales and service facilities to residential areas without detracting from the residential desirability of such areas. The following regulations shall apply in all Neighborhood Commercial or C-1 Zones. (Former Section INL#314-34; Ord. 1086, Sec. 7, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-2.1 C-1: NEIGHBORHOOD COMMERCIAL Principal Permitted Uses Social halls, fraternal and social organizations, and clubs. Professional and business offices, and commercial instruction. Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. Sales of used and secondhand goods when appurtenant to any of the foregoing. Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (Added by Ord. 2166, Sec. 14, 4/7/98) Within Housing Opportunity Zones, multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. Supportive housing is permitted above the ground floor as the primary use. Emergency shelters. Tiny house villages and dependent unit villages with connection to public water and wastewater. Commercial Residential. Emergency dependent unit village. Uses Permitted With a Special Permit Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. (Added by Ord. 2313A 12/16/2003; Amended by Ord. 2335 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. Tiny house villages and dependent unit villages without connection to public water and wastewater. Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit
“Conditionally Permitted” in the C-1 Zone. (Added by Ord. 2313A 12/16/2003; Amended by Ord. 2335 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. Tiny house villages and dependent unit villages without connection to public water and wastewater. Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit
| 314-2.1 | C-1: NEIGHBORHOOD COMMERCIAL | |
|---|---|---|
| Manufactured homes, hotels, motels, boarding and rooming houses, and manufactured homeparks. |
||
| Alternative lodgeparks. | ||
| Small animal hospitals completelyenclosed within a building. | ||
| Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, publicgarages,and sales of used or secondhandgoods. |
||
| Private i byOrd. |
nstitutions where specifically allowed by the General Plan. (Amended 2161 on3/3/98) |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the C-1 Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | 2,000 square feet. | |
| Minimum Lot Width | Twenty-five feet(25'). | |
| Minimum Yard Setbacks ***** |
||
| Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential Zone (RS, R-1, R-2, R-3, R- 4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Forty-five feet (45'). (Ord. 1086,Sec.7, 7/13/76) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-34(c)(1-4); Amended by Ord. 2166, Sec. 13, 4/7/98)
2.2 C-2: COMMUNITY COMMERCIAL ZONE ¶
The Community Commercial or C-2 Zone is intended to apply to areas where more complete commercial facilities are necessary for community convenience. The following regulations shall apply in all Community Commercial or C-2 Zones. (Former Section INL#31437; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-2.2 | C-2: COMMUNITY COMMERCIAL | |
|---|---|---|
| Principal Permitted Uses |
C-2: COMMUNITY COMMERCIAL
314-2.2 Social halls, fraternal and social organizations, and clubs. Professional and business offices, and commercial instruction.
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3))
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98)
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, and sales of used or secondhand goods. (From Section INL#314-34(b)(3); Ord. 1086, Sec. 8, 7/13/76)
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone.
Emergency shelters. (Amended by Ord. 2472, Sec. 1, 2/14/12)
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Commercial Residential.
Emergency dependent unit villages. Uses Permitted With a Special Permit
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2235, 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. (Amended by Ord. 2472, Sec. 1, 2/14/12) Tiny house villages and dependent unit villages without connection to public water and wastewater.
Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit Hotels, motels, boarding and rooming houses, and manufactured home parks. Small animal hospitals completely enclosed within a building.
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet
C-2: COMMUNITY COMMERCIAL
314-2.2
stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (Amended by Ord. 1848, Sec. 14, 9/13/88)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-2 Zone.
| 314-2.2 | C-2: COMMUNITY COMMERCIAL |
|---|---|
| stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair.(Amended byOrd. 1848,Sec. 14, 9/13/88) |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the C-2 Zone. |
|
| Other Regulations | |
| Minimum Lot Area | 2,000 square feet. |
| Minimum Lot Width | Twenty-five feet(25'). |
| Minimum Yard Setbacks ***** |
|
| Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
| Side | None, except that a side yard of an interior lot abutting on a Residential Zone (RS, R-1, R-2, R-3, R- 4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
| Maximum Ground Coverage |
(None specified.) |
| Maximum Building Height |
Seventy-five feet (75'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-37(c)(1-2); Ord. 1086, Sec. 8, 7/13/76)
2.3 C-3: INDUSTRIAL COMMERCIAL ZONE ¶
The Industrial Commercial or C-3 Zone is intended to apply to areas where heavy commercial uses and compatible light industrial uses not serving day to day needs are the desirable predominant uses. The following regulations shall apply in all Industrial Commercial or C-3 Zones. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-38; Ord. 1801, Sec. 1, 6/30/87; Amended by Ord. 2472, Sec. 1, 2/14/12)
es and compatible light industrial uses not serving day to day needs are the desirable predominant uses. The following regulations shall apply in all Industrial Commercial or C-3 Zones. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-38; Ord. 1801, Sec. 1, 6/30/87; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Commercial Use Types |
Automotive Sales, Service and Repair Office and Professional Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Cottage Industry Research/Light Industrial |
|
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
| --- | --- | --- |
| Residential Use Types |
Emergency Shelters. (Amended by Ord. 2472,Sec. 1, 2/14/12) Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Commercial Residential. |
|
| Supportive housing is permitted above the ground floor as theprimaryuse. |
||
| Use Type | Uses Permitted With a Special Permit | |
| Residential Use Types |
Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Single-room occupancy facilities which are conversions of existing buildings. (Added by Ord. 2313A,12/16/03, Amended byOrd. 2335,12/14/04) |
|
| Supportive housing may be located on the ground floor with a specialpermit. |
||
| Use Type | Uses Permitted With a Use Permit | |
| Residential Use | Types |
|
| Civic Use Types | CommunityAssembly | |
| Commercial Use Types |
Heavy Commercial Neighborhood Commercial Retail Sales Retail Service Mini-Storage |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-3Zone. |
|
| Other Regulations | ||
| Minimum Lot Area |
5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
| --- | --- | --- |
| Minimum Yard Setbacks ***** |
||
| Front | Five feet(5'). | |
| Rear | Five feet(5'). | |
| Side | Five feet(5')or ten(10')feet on one side. | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Forty-five feet (45'). | |
| Special Regulations |
All equipment and materials storage areas shall be security fenced to a height of not less than six (6) feet. (Added byOrd. 1801,Sec. 1,6/30/87) |
|
| In addition, all such areas shall be screened from view of any residential area, public roadway, or recreational use area. (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1, 6/30/87) Such fencing and screening need not comply with yard setbacks, but shall comply with the Visibility Obstruction Regulations (Humboldt County Code, Section 341). (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1,6/30/87) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-38(a)(1-5); INL#314-38(b)(1-6); INL#314-38(c)(1-5))
2.4 CH: HIGHWAY SERVICE COMMERCIAL ZONE ¶
The Highway Service Commercial or CH Zone is intended to provide necessary services and conveniences for the traveling public along main roads and highway frontages at proper intervals and locations in developments designed for safety, convenience and suitable appearance. The following regulations shall apply in all highway Service Commercial or CH Zones. (Former Section INL#314-40; Ord. 1086, Sections 9 and 10, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-2.4 CH: HIGHWAY SERVICE COMMERCIAL
Principal Permitted Uses
Hotels and motels.
Emergency dependent unit villages.
Car washes.
Nurseries and greenhouses.
Amusement parks and commercial recreational facilities.
Social halls, fraternal and social organizations, and clubs. (From Section INL#314-34(a) (1)
Professional and business offices, and commercial instruction. (From Section INL#31434(a)(2))
314-2.4 CH: HIGHWAY SERVICE COMMERCIAL
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3))
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98)
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, sales of used or secondhand goods, and storage warehouses. (From Section INL#31434(b)(3))
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-H Zone.
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Commercial Residential.
Uses Permitted With a Special Permit
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the CH Zone, as well as emergency shelters outside areas mapped to specifically allow emergency shelters as a principally permitted use. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2335, 12/14/04)
Single-room occupancy facilities which are conversions of existing buildings.
Tiny house villages and dependent unit villages without connection to public water and wastewater.
Uses Permitted With a Use Permit
Small animal hospitals and kennels.
Special occupancy parks. (Amended by Ord. 2166, Sec. 15, 4/7/98)
Dwellings, manufactured homes, manufactured home parks and boarding and rooming houses.
Alternative lodge parks.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CH Zone.
CH: HIGHWAY SERVICE 314-2.4 COMMERCIAL Other Regulations 5,000 square feet.
Minimum Lot Area
| 314-2.4 | CH: HIGHWAY SERVICE COMMERCIAL |
|
|---|---|---|
| Other Regulations | ||
| Minimum Lot Width | Fiftyfeet(50'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Fifteen feet(15'). | |
| Rear | None, except that where a rear yard abuts on a Residential Zone (RS, R-1, R-2, R-3, R-4) such rear yard shall not be less than twentyfeet(20'). |
|
| Side | None, except that, where a side yard abuts on a Residential Zone (RS, R-1, R- 2, R-3, R-4), such side yard shall not be less than fifteen feet (15') provided further that such side yard, of a motel shall not be less than six(6)feet. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Building Height | Forty-five feet(45'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-40(a)(1-5); INL#314-40(b)(1-3); INL#314-40(c)(1-4)) (Ord. 2693, § 6, 6/7/2022; Ord. 2721, § 5, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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2.1 C-1: NEIGHBORHOOD COMMERCIAL ZONE ¶
The Neighborhood Commercial or C-1 Zone is intended to provide for neighborhood shopping centers which will provide convenient sales and service facilities to residential areas without detracting from the residential desirability of such areas. The following regulations shall apply in all Neighborhood Commercial or C-1 Zones. (Former Section INL#314-34; Ord. 1086, Sec. 7, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-2.1 C-1: NEIGHBORHOOD COMMERCIAL Principal Permitted Uses Social halls, fraternal and social organizations, and clubs. Professional and business offices, and commercial instruction. Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. Sales of used and secondhand goods when appurtenant to any of the foregoing. Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (Added by Ord. 2166, Sec. 14, 4/7/98) Within Housing Opportunity Zones, multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. Supportive housing is permitted above the ground floor as the primary use. Emergency shelters. Tiny house villages and dependent unit villages with connection to public water and wastewater. Commercial Residential. Emergency dependent unit village. Uses Permitted With a Special Permit Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. (Added by Ord. 2313A 12/16/2003; Amended by Ord. 2335 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. Tiny house villages and dependent unit villages without connection to public water and wastewater. Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit
“Conditionally Permitted” in the C-1 Zone. (Added by Ord. 2313A 12/16/2003; Amended by Ord. 2335 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. Tiny house villages and dependent unit villages without connection to public water and wastewater. Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit
| 314-2.1 | C-1: NEIGHBORHOOD COMMERCIAL | |
|---|---|---|
| Manufactured homes, hotels, motels, boarding and rooming houses, and manufactured homeparks. |
||
| Alternative lodgeparks. | ||
| Small animal hospitals completelyenclosed within a building. | ||
| Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, publicgarages,and sales of used or secondhandgoods. |
||
| Private i byOrd. |
nstitutions where specifically allowed by the General Plan. (Amended 2161 on3/3/98) |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the C-1 Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | 2,000 square feet. | |
| Minimum Lot Width | Twenty-five feet(25'). | |
| Minimum Yard Setbacks ***** |
||
| Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential Zone (RS, R-1, R-2, R-3, R- 4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Forty-five feet (45'). (Ord. 1086,Sec.7, 7/13/76) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-34(c)(1-4); Amended by Ord. 2166, Sec. 13, 4/7/98)
2.2 C-2: COMMUNITY COMMERCIAL ZONE ¶
The Community Commercial or C-2 Zone is intended to apply to areas where more complete commercial facilities are necessary for community convenience. The following regulations shall apply in all Community Commercial or C-2 Zones. (Former Section INL#31437; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-2.2 | C-2: COMMUNITY COMMERCIAL | |
|---|---|---|
| Principal Permitted Uses |
C-2: COMMUNITY COMMERCIAL
314-2.2 Social halls, fraternal and social organizations, and clubs. Professional and business offices, and commercial instruction.
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3))
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98)
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, and sales of used or secondhand goods. (From Section INL#314-34(b)(3); Ord. 1086, Sec. 8, 7/13/76)
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone.
Emergency shelters. (Amended by Ord. 2472, Sec. 1, 2/14/12)
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Commercial Residential.
Emergency dependent unit villages. Uses Permitted With a Special Permit
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2235, 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. (Amended by Ord. 2472, Sec. 1, 2/14/12) Tiny house villages and dependent unit villages without connection to public water and wastewater.
Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit Hotels, motels, boarding and rooming houses, and manufactured home parks. Small animal hospitals completely enclosed within a building.
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet
C-2: COMMUNITY COMMERCIAL
314-2.2
stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (Amended by Ord. 1848, Sec. 14, 9/13/88)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-2 Zone.
| 314-2.2 | C-2: COMMUNITY COMMERCIAL |
|---|---|
| stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair.(Amended byOrd. 1848,Sec. 14, 9/13/88) |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the C-2 Zone. |
|
| Other Regulations | |
| Minimum Lot Area | 2,000 square feet. |
| Minimum Lot Width | Twenty-five feet(25'). |
| Minimum Yard Setbacks ***** |
|
| Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
| Side | None, except that a side yard of an interior lot abutting on a Residential Zone (RS, R-1, R-2, R-3, R- 4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
| Maximum Ground Coverage |
(None specified.) |
| Maximum Building Height |
Seventy-five feet (75'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-37(c)(1-2); Ord. 1086, Sec. 8, 7/13/76)
2.3 C-3: INDUSTRIAL COMMERCIAL ZONE ¶
The Industrial Commercial or C-3 Zone is intended to apply to areas where heavy commercial uses and compatible light industrial uses not serving day to day needs are the desirable predominant uses. The following regulations shall apply in all Industrial Commercial or C-3 Zones. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-38; Ord. 1801, Sec. 1, 6/30/87; Amended by Ord. 2472, Sec. 1, 2/14/12)
es and compatible light industrial uses not serving day to day needs are the desirable predominant uses. The following regulations shall apply in all Industrial Commercial or C-3 Zones. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-38; Ord. 1801, Sec. 1, 6/30/87; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Commercial Use Types |
Automotive Sales, Service and Repair Office and Professional Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Cottage Industry Research/Light Industrial |
|
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
| --- | --- | --- |
| Residential Use Types |
Emergency Shelters. (Amended by Ord. 2472,Sec. 1, 2/14/12) Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Commercial Residential. |
|
| Supportive housing is permitted above the ground floor as theprimaryuse. |
||
| Use Type | Uses Permitted With a Special Permit | |
| Residential Use Types |
Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Single-room occupancy facilities which are conversions of existing buildings. (Added by Ord. 2313A,12/16/03, Amended byOrd. 2335,12/14/04) |
|
| Supportive housing may be located on the ground floor with a specialpermit. |
||
| Use Type | Uses Permitted With a Use Permit | |
| Residential Use | Types |
|
| Civic Use Types | CommunityAssembly | |
| Commercial Use Types |
Heavy Commercial Neighborhood Commercial Retail Sales Retail Service Mini-Storage |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-3Zone. |
|
| Other Regulations | ||
| Minimum Lot Area |
5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
| --- | --- | --- |
| Minimum Yard Setbacks ***** |
||
| Front | Five feet(5'). | |
| Rear | Five feet(5'). | |
| Side | Five feet(5')or ten(10')feet on one side. | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Forty-five feet (45'). | |
| Special Regulations |
All equipment and materials storage areas shall be security fenced to a height of not less than six (6) feet. (Added byOrd. 1801,Sec. 1,6/30/87) |
|
| In addition, all such areas shall be screened from view of any residential area, public roadway, or recreational use area. (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1, 6/30/87) Such fencing and screening need not comply with yard setbacks, but shall comply with the Visibility Obstruction Regulations (Humboldt County Code, Section 341). (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1,6/30/87) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-38(a)(1-5); INL#314-38(b)(1-6); INL#314-38(c)(1-5))
2.4 CH: HIGHWAY SERVICE COMMERCIAL ZONE ¶
The Highway Service Commercial or CH Zone is intended to provide necessary services and conveniences for the traveling public along main roads and highway frontages at proper intervals and locations in developments designed for safety, convenience and suitable appearance. The following regulations shall apply in all highway Service Commercial or CH Zones. (Former Section INL#314-40; Ord. 1086, Sections 9 and 10, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-2.4 CH: HIGHWAY SERVICE COMMERCIAL
Principal Permitted Uses
Hotels and motels.
Emergency dependent unit villages.
Car washes.
Nurseries and greenhouses.
Amusement parks and commercial recreational facilities.
Social halls, fraternal and social organizations, and clubs. (From Section INL#314-34(a) (1)
Professional and business offices, and commercial instruction. (From Section INL#31434(a)(2))
314-2.4 CH: HIGHWAY SERVICE COMMERCIAL
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3))
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98)
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, sales of used or secondhand goods, and storage warehouses. (From Section INL#31434(b)(3))
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-H Zone.
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Commercial Residential.
Uses Permitted With a Special Permit
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the CH Zone, as well as emergency shelters outside areas mapped to specifically allow emergency shelters as a principally permitted use. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2335, 12/14/04)
Single-room occupancy facilities which are conversions of existing buildings.
Tiny house villages and dependent unit villages without connection to public water and wastewater.
Uses Permitted With a Use Permit
Small animal hospitals and kennels.
Special occupancy parks. (Amended by Ord. 2166, Sec. 15, 4/7/98)
Dwellings, manufactured homes, manufactured home parks and boarding and rooming houses.
Alternative lodge parks.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CH Zone.
CH: HIGHWAY SERVICE 314-2.4 COMMERCIAL Other Regulations 5,000 square feet.
Minimum Lot Area
| 314-2.4 | CH: HIGHWAY SERVICE COMMERCIAL |
|
|---|---|---|
| Other Regulations | ||
| Minimum Lot Width | Fiftyfeet(50'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Fifteen feet(15'). | |
| Rear | None, except that where a rear yard abuts on a Residential Zone (RS, R-1, R-2, R-3, R-4) such rear yard shall not be less than twentyfeet(20'). |
|
| Side | None, except that, where a side yard abuts on a Residential Zone (RS, R-1, R- 2, R-3, R-4), such side yard shall not be less than fifteen feet (15') provided further that such side yard, of a motel shall not be less than six(6)feet. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Building Height | Forty-five feet(45'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-40(a)(1-5); INL#314-40(b)(1-3); INL#314-40(c)(1-4)) (Ord. 2693, § 6, 6/7/2022; Ord. 2721, § 5, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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2.1 C-1: NEIGHBORHOOD COMMERCIAL ZONE ¶
The Neighborhood Commercial or C-1 Zone is intended to provide for neighborhood shopping centers which will provide convenient sales and service facilities to residential areas without detracting from the residential desirability of such areas. The following regulations shall apply in all Neighborhood Commercial or C-1 Zones. (Former Section INL#314-34; Ord. 1086, Sec. 7, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-2.1 C-1: NEIGHBORHOOD COMMERCIAL Principal Permitted Uses Social halls, fraternal and social organizations, and clubs. Professional and business offices, and commercial instruction. Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. Sales of used and secondhand goods when appurtenant to any of the foregoing. Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (Added by Ord. 2166, Sec. 14, 4/7/98) Within Housing Opportunity Zones, multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. Supportive housing is permitted above the ground floor as the primary use. Emergency shelters. Tiny house villages and dependent unit villages with connection to public water and wastewater. Commercial Residential. Emergency dependent unit village. Uses Permitted With a Special Permit Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. (Added by Ord. 2313A 12/16/2003; Amended by Ord. 2335 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. Tiny house villages and dependent unit villages without connection to public water and wastewater. Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit
“Conditionally Permitted” in the C-1 Zone. (Added by Ord. 2313A 12/16/2003; Amended by Ord. 2335 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. Tiny house villages and dependent unit villages without connection to public water and wastewater. Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit
| 314-2.1 | C-1: NEIGHBORHOOD COMMERCIAL | |
|---|---|---|
| Manufactured homes, hotels, motels, boarding and rooming houses, and manufactured homeparks. |
||
| Alternative lodgeparks. | ||
| Small animal hospitals completelyenclosed within a building. | ||
| Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, publicgarages,and sales of used or secondhandgoods. |
||
| Private i byOrd. |
nstitutions where specifically allowed by the General Plan. (Amended 2161 on3/3/98) |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the C-1 Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | 2,000 square feet. | |
| Minimum Lot Width | Twenty-five feet(25'). | |
| Minimum Yard Setbacks ***** |
||
| Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential Zone (RS, R-1, R-2, R-3, R- 4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Forty-five feet (45'). (Ord. 1086,Sec.7, 7/13/76) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-34(c)(1-4); Amended by Ord. 2166, Sec. 13, 4/7/98)
2.2 C-2: COMMUNITY COMMERCIAL ZONE ¶
The Community Commercial or C-2 Zone is intended to apply to areas where more complete commercial facilities are necessary for community convenience. The following regulations shall apply in all Community Commercial or C-2 Zones. (Former Section INL#31437; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-2.2 | C-2: COMMUNITY COMMERCIAL | |
|---|---|---|
| Principal Permitted Uses |
C-2: COMMUNITY COMMERCIAL
314-2.2 Social halls, fraternal and social organizations, and clubs. Professional and business offices, and commercial instruction.
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3))
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98)
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, and sales of used or secondhand goods. (From Section INL#314-34(b)(3); Ord. 1086, Sec. 8, 7/13/76)
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone.
Emergency shelters. (Amended by Ord. 2472, Sec. 1, 2/14/12)
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Commercial Residential.
Emergency dependent unit villages. Uses Permitted With a Special Permit
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2235, 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. (Amended by Ord. 2472, Sec. 1, 2/14/12) Tiny house villages and dependent unit villages without connection to public water and wastewater.
Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit Hotels, motels, boarding and rooming houses, and manufactured home parks. Small animal hospitals completely enclosed within a building.
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet
C-2: COMMUNITY COMMERCIAL
314-2.2
stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (Amended by Ord. 1848, Sec. 14, 9/13/88)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-2 Zone.
| 314-2.2 | C-2: COMMUNITY COMMERCIAL |
|---|---|
| stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair.(Amended byOrd. 1848,Sec. 14, 9/13/88) |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the C-2 Zone. |
|
| Other Regulations | |
| Minimum Lot Area | 2,000 square feet. |
| Minimum Lot Width | Twenty-five feet(25'). |
| Minimum Yard Setbacks ***** |
|
| Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
| Side | None, except that a side yard of an interior lot abutting on a Residential Zone (RS, R-1, R-2, R-3, R- 4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
| Maximum Ground Coverage |
(None specified.) |
| Maximum Building Height |
Seventy-five feet (75'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-37(c)(1-2); Ord. 1086, Sec. 8, 7/13/76)
2.3 C-3: INDUSTRIAL COMMERCIAL ZONE ¶
The Industrial Commercial or C-3 Zone is intended to apply to areas where heavy commercial uses and compatible light industrial uses not serving day to day needs are the desirable predominant uses. The following regulations shall apply in all Industrial Commercial or C-3 Zones. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-38; Ord. 1801, Sec. 1, 6/30/87; Amended by Ord. 2472, Sec. 1, 2/14/12)
es and compatible light industrial uses not serving day to day needs are the desirable predominant uses. The following regulations shall apply in all Industrial Commercial or C-3 Zones. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-38; Ord. 1801, Sec. 1, 6/30/87; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Commercial Use Types |
Automotive Sales, Service and Repair Office and Professional Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Cottage Industry Research/Light Industrial |
|
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
| --- | --- | --- |
| Residential Use Types |
Emergency Shelters. (Amended by Ord. 2472,Sec. 1, 2/14/12) Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Commercial Residential. |
|
| Supportive housing is permitted above the ground floor as theprimaryuse. |
||
| Use Type | Uses Permitted With a Special Permit | |
| Residential Use Types |
Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Single-room occupancy facilities which are conversions of existing buildings. (Added by Ord. 2313A,12/16/03, Amended byOrd. 2335,12/14/04) |
|
| Supportive housing may be located on the ground floor with a specialpermit. |
||
| Use Type | Uses Permitted With a Use Permit | |
| Residential Use | Types |
|
| Civic Use Types | CommunityAssembly | |
| Commercial Use Types |
Heavy Commercial Neighborhood Commercial Retail Sales Retail Service Mini-Storage |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-3Zone. |
|
| Other Regulations | ||
| Minimum Lot Area |
5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
| --- | --- | --- |
| Minimum Yard Setbacks ***** |
||
| Front | Five feet(5'). | |
| Rear | Five feet(5'). | |
| Side | Five feet(5')or ten(10')feet on one side. | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Forty-five feet (45'). | |
| Special Regulations |
All equipment and materials storage areas shall be security fenced to a height of not less than six (6) feet. (Added byOrd. 1801,Sec. 1,6/30/87) |
|
| In addition, all such areas shall be screened from view of any residential area, public roadway, or recreational use area. (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1, 6/30/87) Such fencing and screening need not comply with yard setbacks, but shall comply with the Visibility Obstruction Regulations (Humboldt County Code, Section 341). (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1,6/30/87) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-38(a)(1-5); INL#314-38(b)(1-6); INL#314-38(c)(1-5))
2.4 CH: HIGHWAY SERVICE COMMERCIAL ZONE ¶
The Highway Service Commercial or CH Zone is intended to provide necessary services and conveniences for the traveling public along main roads and highway frontages at proper intervals and locations in developments designed for safety, convenience and suitable appearance. The following regulations shall apply in all highway Service Commercial or CH Zones. (Former Section INL#314-40; Ord. 1086, Sections 9 and 10, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-2.4 CH: HIGHWAY SERVICE COMMERCIAL
Principal Permitted Uses
Hotels and motels.
Emergency dependent unit villages.
Car washes.
Nurseries and greenhouses.
Amusement parks and commercial recreational facilities.
Social halls, fraternal and social organizations, and clubs. (From Section INL#314-34(a) (1)
Professional and business offices, and commercial instruction. (From Section INL#31434(a)(2))
314-2.4 CH: HIGHWAY SERVICE COMMERCIAL
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3))
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98)
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, sales of used or secondhand goods, and storage warehouses. (From Section INL#31434(b)(3))
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-H Zone.
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Commercial Residential.
Uses Permitted With a Special Permit
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the CH Zone, as well as emergency shelters outside areas mapped to specifically allow emergency shelters as a principally permitted use. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2335, 12/14/04)
Single-room occupancy facilities which are conversions of existing buildings.
Tiny house villages and dependent unit villages without connection to public water and wastewater.
Uses Permitted With a Use Permit
Small animal hospitals and kennels.
Special occupancy parks. (Amended by Ord. 2166, Sec. 15, 4/7/98)
Dwellings, manufactured homes, manufactured home parks and boarding and rooming houses.
Alternative lodge parks.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CH Zone.
CH: HIGHWAY SERVICE 314-2.4 COMMERCIAL Other Regulations 5,000 square feet.
Minimum Lot Area
| 314-2.4 | CH: HIGHWAY SERVICE COMMERCIAL |
|
|---|---|---|
| Other Regulations | ||
| Minimum Lot Width | Fiftyfeet(50'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Fifteen feet(15'). | |
| Rear | None, except that where a rear yard abuts on a Residential Zone (RS, R-1, R-2, R-3, R-4) such rear yard shall not be less than twentyfeet(20'). |
|
| Side | None, except that, where a side yard abuts on a Residential Zone (RS, R-1, R- 2, R-3, R-4), such side yard shall not be less than fifteen feet (15') provided further that such side yard, of a motel shall not be less than six(6)feet. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Building Height | Forty-five feet(45'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-40(a)(1-5); INL#314-40(b)(1-3); INL#314-40(c)(1-4)) (Ord. 2693, § 6, 6/7/2022; Ord. 2721, § 5, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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2.1 C-1: NEIGHBORHOOD COMMERCIAL ZONE ¶
The Neighborhood Commercial or C-1 Zone is intended to provide for neighborhood shopping centers which will provide convenient sales and service facilities to residential areas without detracting from the residential desirability of such areas. The following regulations shall apply in all Neighborhood Commercial or C-1 Zones. (Former Section INL#314-34; Ord. 1086, Sec. 7, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-2.1 C-1: NEIGHBORHOOD COMMERCIAL Principal Permitted Uses Social halls, fraternal and social organizations, and clubs. Professional and business offices, and commercial instruction. Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. Sales of used and secondhand goods when appurtenant to any of the foregoing. Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (Added by Ord. 2166, Sec. 14, 4/7/98) Within Housing Opportunity Zones, multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. Supportive housing is permitted above the ground floor as the primary use. Emergency shelters. Tiny house villages and dependent unit villages with connection to public water and wastewater. Commercial Residential. Emergency dependent unit village. Uses Permitted With a Special Permit Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-1 Zone. (Added by Ord. 2313A 12/16/2003; Amended by Ord. 2335 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. Tiny house villages and dependent unit villages without connection to public water and wastewater. Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit
“Conditionally Permitted” in the C-1 Zone. (Added by Ord. 2313A 12/16/2003; Amended by Ord. 2335 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. Tiny house villages and dependent unit villages without connection to public water and wastewater. Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit
| 314-2.1 | C-1: NEIGHBORHOOD COMMERCIAL | |
|---|---|---|
| Manufactured homes, hotels, motels, boarding and rooming houses, and manufactured homeparks. |
||
| Alternative lodgeparks. | ||
| Small animal hospitals completelyenclosed within a building. | ||
| Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, publicgarages,and sales of used or secondhandgoods. |
||
| Private i byOrd. |
nstitutions where specifically allowed by the General Plan. (Amended 2161 on3/3/98) |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the C-1 Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | 2,000 square feet. | |
| Minimum Lot Width | Twenty-five feet(25'). | |
| Minimum Yard Setbacks ***** |
||
| Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential Zone (RS, R-1, R-2, R-3, R- 4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Forty-five feet (45'). (Ord. 1086,Sec.7, 7/13/76) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-34(c)(1-4); Amended by Ord. 2166, Sec. 13, 4/7/98)
2.2 C-2: COMMUNITY COMMERCIAL ZONE ¶
The Community Commercial or C-2 Zone is intended to apply to areas where more complete commercial facilities are necessary for community convenience. The following regulations shall apply in all Community Commercial or C-2 Zones. (Former Section INL#31437; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-2.2 | C-2: COMMUNITY COMMERCIAL | |
|---|---|---|
| Principal Permitted Uses |
C-2: COMMUNITY COMMERCIAL
314-2.2 Social halls, fraternal and social organizations, and clubs. Professional and business offices, and commercial instruction.
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3))
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98)
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, and sales of used or secondhand goods. (From Section INL#314-34(b)(3); Ord. 1086, Sec. 8, 7/13/76)
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone.
Emergency shelters. (Amended by Ord. 2472, Sec. 1, 2/14/12)
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Commercial Residential.
Emergency dependent unit villages. Uses Permitted With a Special Permit
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the C-2 Zone. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2235, 12/14/2004) Single-room occupancy facilities which are conversions of existing buildings. (Amended by Ord. 2472, Sec. 1, 2/14/12) Tiny house villages and dependent unit villages without connection to public water and wastewater.
Supportive housing may be located on the ground floor with a special permit. Uses Permitted With a Use Permit Hotels, motels, boarding and rooming houses, and manufactured home parks. Small animal hospitals completely enclosed within a building.
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet
C-2: COMMUNITY COMMERCIAL
314-2.2
stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (Amended by Ord. 1848, Sec. 14, 9/13/88)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-2 Zone.
| 314-2.2 | C-2: COMMUNITY COMMERCIAL |
|---|---|
| stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair.(Amended byOrd. 1848,Sec. 14, 9/13/88) |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the C-2 Zone. |
|
| Other Regulations | |
| Minimum Lot Area | 2,000 square feet. |
| Minimum Lot Width | Twenty-five feet(25'). |
| Minimum Yard Setbacks ***** |
|
| Front | None, except that where frontage is in a block which is partially in a Residential Zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such Residential Zone. |
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
| Side | None, except that a side yard of an interior lot abutting on a Residential Zone (RS, R-1, R-2, R-3, R- 4) or Agricultural Zone (AE, AG) shall be not less than the front yard required in such Residential Zone or Agricultural Zone. |
| Maximum Ground Coverage |
(None specified.) |
| Maximum Building Height |
Seventy-five feet (75'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-37(c)(1-2); Ord. 1086, Sec. 8, 7/13/76)
2.3 C-3: INDUSTRIAL COMMERCIAL ZONE ¶
The Industrial Commercial or C-3 Zone is intended to apply to areas where heavy commercial uses and compatible light industrial uses not serving day to day needs are the desirable predominant uses. The following regulations shall apply in all Industrial Commercial or C-3 Zones. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-38; Ord. 1801, Sec. 1, 6/30/87; Amended by Ord. 2472, Sec. 1, 2/14/12)
es and compatible light industrial uses not serving day to day needs are the desirable predominant uses. The following regulations shall apply in all Industrial Commercial or C-3 Zones. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-38; Ord. 1801, Sec. 1, 6/30/87; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Commercial Use Types |
Automotive Sales, Service and Repair Office and Professional Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Cottage Industry Research/Light Industrial |
|
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
| --- | --- | --- |
| Residential Use Types |
Emergency Shelters. (Amended by Ord. 2472,Sec. 1, 2/14/12) Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Commercial Residential. |
|
| Supportive housing is permitted above the ground floor as theprimaryuse. |
||
| Use Type | Uses Permitted With a Special Permit | |
| Residential Use Types |
Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-3 Zone. Single-room occupancy facilities which are conversions of existing buildings. (Added by Ord. 2313A,12/16/03, Amended byOrd. 2335,12/14/04) |
|
| Supportive housing may be located on the ground floor with a specialpermit. |
||
| Use Type | Uses Permitted With a Use Permit | |
| Residential Use | Types |
|
| Civic Use Types | CommunityAssembly | |
| Commercial Use Types |
Heavy Commercial Neighborhood Commercial Retail Sales Retail Service Mini-Storage |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the C-3Zone. |
|
| Other Regulations | ||
| Minimum Lot Area |
5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| 314-2.3 | C-3: INDUSTRIAL COMMERCIAL | |
| --- | --- | --- |
| Minimum Yard Setbacks ***** |
||
| Front | Five feet(5'). | |
| Rear | Five feet(5'). | |
| Side | Five feet(5')or ten(10')feet on one side. | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Forty-five feet (45'). | |
| Special Regulations |
All equipment and materials storage areas shall be security fenced to a height of not less than six (6) feet. (Added byOrd. 1801,Sec. 1,6/30/87) |
|
| In addition, all such areas shall be screened from view of any residential area, public roadway, or recreational use area. (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1, 6/30/87) Such fencing and screening need not comply with yard setbacks, but shall comply with the Visibility Obstruction Regulations (Humboldt County Code, Section 341). (Former Section INL#314-38(c)(5); Added by Ord. 1801, Sec. 1,6/30/87) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-38(a)(1-5); INL#314-38(b)(1-6); INL#314-38(c)(1-5))
2.4 CH: HIGHWAY SERVICE COMMERCIAL ZONE ¶
The Highway Service Commercial or CH Zone is intended to provide necessary services and conveniences for the traveling public along main roads and highway frontages at proper intervals and locations in developments designed for safety, convenience and suitable appearance. The following regulations shall apply in all highway Service Commercial or CH Zones. (Former Section INL#314-40; Ord. 1086, Sections 9 and 10, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-2.4 CH: HIGHWAY SERVICE COMMERCIAL
Principal Permitted Uses
Hotels and motels.
Emergency dependent unit villages.
Car washes.
Nurseries and greenhouses.
Amusement parks and commercial recreational facilities.
Social halls, fraternal and social organizations, and clubs. (From Section INL#314-34(a) (1)
Professional and business offices, and commercial instruction. (From Section INL#31434(a)(2))
314-2.4 CH: HIGHWAY SERVICE COMMERCIAL
Stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops, beauty salons, bookstores, clothing and apparel stores, coin-operated dry cleaning and laundries, dry cleaning and laundry agencies, drugstores, florists, food markets, furniture stores, hardware and appliance stores, radio and television sales and services, restaurants and licensed premises appurtenant thereto, automobile service stations, studios, tailor shops, enclosed theaters, variety stores, and mortuaries. (From Section INL#314-34(a)(3))
Caretaker’s residence which is incidental to and under the same ownership as an existing commercial use. (From Section INL#314-34(a)(5); Added by Ord. 2166, Sec. 14, 4/7/98)
Stores, agencies and services such as minor automobile repair; new automobile, trailer and boat sales, and used automobile, trailer and boat sales appurtenant thereto; bowling alleys; licensed premises not appurtenant to any restaurant, pet shops, public garages, sales of used or secondhand goods, and storage warehouses. (From Section INL#31434(b)(3))
Within Housing Opportunity Zones multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the C-H Zone.
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Commercial Residential.
Uses Permitted With a Special Permit
Outside Housing Opportunity Zones, apartments on the upper floors of multistory structures where below are establishments engaged in commercial uses designated “Principally Permitted” or “Conditionally Permitted” in the CH Zone, as well as emergency shelters outside areas mapped to specifically allow emergency shelters as a principally permitted use. (Added by Ord. 2313A, 12/16/2003, Amended by Ord. 2335, 12/14/04)
Single-room occupancy facilities which are conversions of existing buildings.
Tiny house villages and dependent unit villages without connection to public water and wastewater.
Uses Permitted With a Use Permit
Small animal hospitals and kennels.
Special occupancy parks. (Amended by Ord. 2166, Sec. 15, 4/7/98)
Dwellings, manufactured homes, manufactured home parks and boarding and rooming houses.
Alternative lodge parks.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the CH Zone.
CH: HIGHWAY SERVICE 314-2.4 COMMERCIAL Other Regulations 5,000 square feet.
Minimum Lot Area
| 314-2.4 | CH: HIGHWAY SERVICE COMMERCIAL |
|
|---|---|---|
| Other Regulations | ||
| Minimum Lot Width | Fiftyfeet(50'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Fifteen feet(15'). | |
| Rear | None, except that where a rear yard abuts on a Residential Zone (RS, R-1, R-2, R-3, R-4) such rear yard shall not be less than twentyfeet(20'). |
|
| Side | None, except that, where a side yard abuts on a Residential Zone (RS, R-1, R- 2, R-3, R-4), such side yard shall not be less than fifteen feet (15') provided further that such side yard, of a motel shall not be less than six(6)feet. |
|
| Maximum Ground Coverage | (None specified.) | |
| Maximum Building Height | Forty-five feet(45'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-40(a)(1-5); INL#314-40(b)(1-3); INL#314-40(c)(1-4)) (Ord. 2693, § 6, 6/7/2022; Ord. 2721, § 5, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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3.1 MB: BUSINESS PARK ZONE ¶
The MB Zone is intended to protect sites which are suitable for “business park” developments: well-designed mixed industrial/commercial areas composed of nuisance-free light industrial, research and development, administrative and business and professional office facilities, developed in a park-like environment. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-44; Ord. 1800, Sec. 1, 6/23/87)
| 314-3.1 | MB: BUSINESS PARK | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Administrative | |
| Commercial Use Types | Office and Professional Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Research/Light Industrial | |
| Residential Use Types | Supportive housing is permitted above the ground floor as the primary use. Commercial Residential. Within Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the MB Zone. |
|
| Use Type | Uses Permitted With a Special Permit |
|
| Residential Use Types | Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the MB Zone. Transitional Housing EmergencyShelters |
|
| Supportive housing may be located on theground floor with a specialpermit. |
||
| Use Type | Uses Permitted With a Use Permit | |
| 314-3.1 | MB: BUSINESS PARK | |
| --- | --- | --- |
| Commercial Use Types | Retail Sales Retail Service Transient Habitation Mini-Storage |
|
| Use Types Not Listed in This Table | Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MB Zone. |
|
| Other Regulations | ||
| Minimum Lot Area | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Thirtyfeet(30'). | |
| Rear | Ten feet(10'). | |
| Side | Thirty feet (30') where side yard adjoins a public street and ten feet (10') otherwise. |
|
| Maximum Ground Coverage | Fifty percent(50%). | |
| Maximum Building Height | Fiftyfeet(50'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-44(a)(1-4); (Former Section INL#314-44(b)(1-3); INL#314-44(c)(1-5); Ord. 1800, Sec. 1, 6/23/87)
3.2 ML: LIMITED INDUSTRIAL ZONE ¶
The Limited Industrial or ML Zone is intended to apply to areas in which light manufacturing and heavy commercial uses of the nonnuisance type and large administrative facilities are the desirable predominant uses. The following regulations shall apply in all Limited Industrial or ML Zones. (Former Section INL#314-43; Ord. 1086, Sec. 11, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-3.2 ML: LIMITED INDUSTRIAL Principal Permitted Uses
Small animal hospitals completely enclosed within a building. (From Section INL#314-37(b)(2); Ord. 1086, Sec. 8, 7/13/76)
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (From Section INL#314-37(b)(3); Ord. 1086, Sec. 8, 7/13/76)
Administrative, business and professional offices. (From Section INL#31443(a)(2))
Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, and research and development laboratories. (From
ML: LIMITED INDUSTRIAL
314-3.2
Section INL#314-43(a)(3))
Emergency shelters.
Uses Permitted With a Special Permit
Single-room occupancy facilities which are conversions of existing buildings.
Uses Permitted With a Use Permit
Dwellings, accessory dwelling units, manufactured homes, hotels, motels, and manufactured home parks. (Amended by Ord. 2335, 12/14/04)
Animal hospitals and kennels.
Animal feed and sales yards.
Manufacture of furniture, finished paper and paper products.
Mini-storage.
Emergency dependent unit villages and alternative lodge parks.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the ML Zone.
| Manufacture of furniture,finishedpaper andpaperproducts. Mini-storage. Emergencydependent unit villages and alternative lodgeparks. Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the ML Zone. |
Manufacture of furniture,finishedpaper andpaperproducts. Mini-storage. Emergencydependent unit villages and alternative lodgeparks. Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the ML Zone. |
|---|---|
| Other Regulations | |
| Minimum Lot Area | One acre(1a). |
| Minimum Lot Width | (None specified.) |
| Minimum Yard Setbacks ***** |
|
| Front | Fiftyfeet(50'); |
| Rear | Fiftyfeet(50'); |
| Side | Ten percent (10%) of average-lot width but not less than twenty-five feet(25'). |
| Maximum Ground Coverage | Twenty-fivepercent(25%). |
| Maximum Building Height | Seventy-five feet(75'). |
| All manufacturing and fabricating areas | |
| shall be enclosed in buildings; and | |
| All equipment and materials storage | |
| areas adjacent to Residential (RS, R-1, R- | |
| Special Regulations | 2, R-3, R-4) Zones shall be screened by |
| walls, fences or adequate plantings to a | |
| height of not less than six (6) feet; and | |
| Said fencing and screening shall conform | |
| to allyard requirements. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-43(a)(1-3); INL#314-43(b); INL#314-43(c))
3.3 MH: HEAVY INDUSTRIAL ZONE ¶
The Heavy Industrial or MH Zone is intended to apply to areas devoted to normal operations of industries subject only to regulations as are needed to control congestion and protect surrounding areas. The following regulations shall apply to all Heavy Industrial or MH Zones. (Former Section INL#314-46; Ord. 1086, Sec. 12, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-3.3 MH: HEAVY INDUSTRIAL Principal Permitted Uses Small animal hospitals completely enclosed within a building. (From Section INL#314-37(b)(2); Ord. 1086, Sec. 8, 7/13/76) Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (From Section INL#314-37(b)(3); Ord. 1086, Sec. 8, 7/13/76) Administrative, business and professional offices. (From Section INL#31443(a)(2)) Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, and research and development laboratories. (From Section INL#314-43(a)(3)) Animal hospitals and kennels. (From Section INL#314-43(b)(2)) Animal feed and sales yards. (From Section INL#314-43(b)(3)) Manufacture of furniture, finished paper and paper products. (From Section INL#314-43(b)(4)) Industrial manufacturing uses, except as provided in the following subsection, Uses Permitted With a Use Permit. Uses Permitted With a Special Permit Single-room occupancy facilities which are conversions of existing buildings. Uses Permitted With a Use Permit Dwellings, accessory dwelling units, manufactured homes, hotels, motels, emergency shelters, manufactured home parks, and special occupancy parks. (Amended by Ord. 2335, 12/14/04) Emergency dependent unit villages and alternative lodge parks. All uses except: One (1) family dwellings; general agriculture; rooming and boarding of not more than two (2) persons; and manufactured homes. (Former Sections 314-2(c); 314-2(b)(1-4) and 314-46(b)(2)) Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MH Zone. Other Regulations Minimum Lot Area One acre (1a). (From Section INL#314-43(c)) Minimum Lot (None specified.) (From Section INL#314-43(c)) Width Minimum Yard Setbacks* Front Fifty feet (50'); (From Section INL#314-43(c)) Rear Fifty feet (50'); (From Section INL#314-43(c)) Ten percent (10%) of average-lot width but not less Side than twenty-five feet (25'). (From Section INL#31443(c))
| 314-3.3 | MH: HEAVY INDUSTRIAL | |
|---|---|---|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Seventy-five feet (75'). (From Section INL#314-43(c)) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-46(a)(1-3); Ord. 1086, Sec. 12, 7/13/76) (Former Section INL#314-46(b)(1-2); Ord. 894, Sec. 1, 12/19/72; Amended by Ord. 1086, Sec. 12, 7/13/76; Amended by Ord. 2166, Sec. 16, 4/7/98) (Ord. 2678, § 3, 7/13/2021; Ord. 2693, § 7, 6/7/2022; Ord. 2721, § 6, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024) Your Selections
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3.1 MB: BUSINESS PARK ZONE ¶
The MB Zone is intended to protect sites which are suitable for “business park” developments: well-designed mixed industrial/commercial areas composed of nuisance-free light industrial, research and development, administrative and business and professional office facilities, developed in a park-like environment. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-44; Ord. 1800, Sec. 1, 6/23/87)
| 314-3.1 | MB: BUSINESS PARK | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Administrative | |
| Commercial Use Types | Office and Professional Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Research/Light Industrial | |
| Residential Use Types | Supportive housing is permitted above the ground floor as the primary use. Commercial Residential. Within Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the MB Zone. |
|
| Use Type | Uses Permitted With a Special Permit |
|
| Residential Use Types | Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the MB Zone. Transitional Housing EmergencyShelters |
|
| Supportive housing may be located on theground floor with a specialpermit. |
||
| Use Type | Uses Permitted With a Use Permit | |
| 314-3.1 | MB: BUSINESS PARK | |
| --- | --- | --- |
| Commercial Use Types | Retail Sales Retail Service Transient Habitation Mini-Storage |
|
| Use Types Not Listed in This Table | Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MB Zone. |
|
| Other Regulations | ||
| Minimum Lot Area | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Thirtyfeet(30'). | |
| Rear | Ten feet(10'). | |
| Side | Thirty feet (30') where side yard adjoins a public street and ten feet (10') otherwise. |
|
| Maximum Ground Coverage | Fifty percent(50%). | |
| Maximum Building Height | Fiftyfeet(50'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-44(a)(1-4); (Former Section INL#314-44(b)(1-3); INL#314-44(c)(1-5); Ord. 1800, Sec. 1, 6/23/87)
3.2 ML: LIMITED INDUSTRIAL ZONE ¶
The Limited Industrial or ML Zone is intended to apply to areas in which light manufacturing and heavy commercial uses of the nonnuisance type and large administrative facilities are the desirable predominant uses. The following regulations shall apply in all Limited Industrial or ML Zones. (Former Section INL#314-43; Ord. 1086, Sec. 11, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-3.2 ML: LIMITED INDUSTRIAL Principal Permitted Uses
Small animal hospitals completely enclosed within a building. (From Section INL#314-37(b)(2); Ord. 1086, Sec. 8, 7/13/76)
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (From Section INL#314-37(b)(3); Ord. 1086, Sec. 8, 7/13/76)
Administrative, business and professional offices. (From Section INL#31443(a)(2))
Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, and research and development laboratories. (From
ML: LIMITED INDUSTRIAL
314-3.2
Section INL#314-43(a)(3))
Emergency shelters.
Uses Permitted With a Special Permit
Single-room occupancy facilities which are conversions of existing buildings.
Uses Permitted With a Use Permit
Dwellings, accessory dwelling units, manufactured homes, hotels, motels, and manufactured home parks. (Amended by Ord. 2335, 12/14/04)
Animal hospitals and kennels.
Animal feed and sales yards.
Manufacture of furniture, finished paper and paper products.
Mini-storage.
Emergency dependent unit villages and alternative lodge parks.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the ML Zone.
| Manufacture of furniture,finishedpaper andpaperproducts. Mini-storage. Emergencydependent unit villages and alternative lodgeparks. Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the ML Zone. |
Manufacture of furniture,finishedpaper andpaperproducts. Mini-storage. Emergencydependent unit villages and alternative lodgeparks. Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the ML Zone. |
|---|---|
| Other Regulations | |
| Minimum Lot Area | One acre(1a). |
| Minimum Lot Width | (None specified.) |
| Minimum Yard Setbacks ***** |
|
| Front | Fiftyfeet(50'); |
| Rear | Fiftyfeet(50'); |
| Side | Ten percent (10%) of average-lot width but not less than twenty-five feet(25'). |
| Maximum Ground Coverage | Twenty-fivepercent(25%). |
| Maximum Building Height | Seventy-five feet(75'). |
| All manufacturing and fabricating areas | |
| shall be enclosed in buildings; and | |
| All equipment and materials storage | |
| areas adjacent to Residential (RS, R-1, R- | |
| Special Regulations | 2, R-3, R-4) Zones shall be screened by |
| walls, fences or adequate plantings to a | |
| height of not less than six (6) feet; and | |
| Said fencing and screening shall conform | |
| to allyard requirements. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-43(a)(1-3); INL#314-43(b); INL#314-43(c))
3.3 MH: HEAVY INDUSTRIAL ZONE ¶
The Heavy Industrial or MH Zone is intended to apply to areas devoted to normal operations of industries subject only to regulations as are needed to control congestion and protect surrounding areas. The following regulations shall apply to all Heavy Industrial or MH Zones. (Former Section INL#314-46; Ord. 1086, Sec. 12, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-3.3 MH: HEAVY INDUSTRIAL Principal Permitted Uses Small animal hospitals completely enclosed within a building. (From Section INL#314-37(b)(2); Ord. 1086, Sec. 8, 7/13/76) Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (From Section INL#314-37(b)(3); Ord. 1086, Sec. 8, 7/13/76) Administrative, business and professional offices. (From Section INL#31443(a)(2)) Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, and research and development laboratories. (From Section INL#314-43(a)(3)) Animal hospitals and kennels. (From Section INL#314-43(b)(2)) Animal feed and sales yards. (From Section INL#314-43(b)(3)) Manufacture of furniture, finished paper and paper products. (From Section INL#314-43(b)(4)) Industrial manufacturing uses, except as provided in the following subsection, Uses Permitted With a Use Permit. Uses Permitted With a Special Permit Single-room occupancy facilities which are conversions of existing buildings. Uses Permitted With a Use Permit Dwellings, accessory dwelling units, manufactured homes, hotels, motels, emergency shelters, manufactured home parks, and special occupancy parks. (Amended by Ord. 2335, 12/14/04) Emergency dependent unit villages and alternative lodge parks. All uses except: One (1) family dwellings; general agriculture; rooming and boarding of not more than two (2) persons; and manufactured homes. (Former Sections 314-2(c); 314-2(b)(1-4) and 314-46(b)(2)) Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MH Zone. Other Regulations Minimum Lot Area One acre (1a). (From Section INL#314-43(c)) Minimum Lot (None specified.) (From Section INL#314-43(c)) Width Minimum Yard Setbacks* Front Fifty feet (50'); (From Section INL#314-43(c)) Rear Fifty feet (50'); (From Section INL#314-43(c)) Ten percent (10%) of average-lot width but not less Side than twenty-five feet (25'). (From Section INL#31443(c))
| 314-3.3 | MH: HEAVY INDUSTRIAL | |
|---|---|---|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Seventy-five feet (75'). (From Section INL#314-43(c)) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-46(a)(1-3); Ord. 1086, Sec. 12, 7/13/76) (Former Section INL#314-46(b)(1-2); Ord. 894, Sec. 1, 12/19/72; Amended by Ord. 1086, Sec. 12, 7/13/76; Amended by Ord. 2166, Sec. 16, 4/7/98) (Ord. 2678, § 3, 7/13/2021; Ord. 2693, § 7, 6/7/2022; Ord. 2721, § 6, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024) Your Selections
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3.1 MB: BUSINESS PARK ZONE ¶
The MB Zone is intended to protect sites which are suitable for “business park” developments: well-designed mixed industrial/commercial areas composed of nuisance-free light industrial, research and development, administrative and business and professional office facilities, developed in a park-like environment. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-44; Ord. 1800, Sec. 1, 6/23/87)
| 314-3.1 | MB: BUSINESS PARK | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Administrative | |
| Commercial Use Types | Office and Professional Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Research/Light Industrial | |
| Residential Use Types | Supportive housing is permitted above the ground floor as the primary use. Commercial Residential. Within Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the MB Zone. |
|
| Use Type | Uses Permitted With a Special Permit |
|
| Residential Use Types | Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the MB Zone. Transitional Housing EmergencyShelters |
|
| Supportive housing may be located on theground floor with a specialpermit. |
||
| Use Type | Uses Permitted With a Use Permit | |
| 314-3.1 | MB: BUSINESS PARK | |
| --- | --- | --- |
| Commercial Use Types | Retail Sales Retail Service Transient Habitation Mini-Storage |
|
| Use Types Not Listed in This Table | Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MB Zone. |
|
| Other Regulations | ||
| Minimum Lot Area | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Thirtyfeet(30'). | |
| Rear | Ten feet(10'). | |
| Side | Thirty feet (30') where side yard adjoins a public street and ten feet (10') otherwise. |
|
| Maximum Ground Coverage | Fifty percent(50%). | |
| Maximum Building Height | Fiftyfeet(50'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-44(a)(1-4); (Former Section INL#314-44(b)(1-3); INL#314-44(c)(1-5); Ord. 1800, Sec. 1, 6/23/87)
3.2 ML: LIMITED INDUSTRIAL ZONE ¶
The Limited Industrial or ML Zone is intended to apply to areas in which light manufacturing and heavy commercial uses of the nonnuisance type and large administrative facilities are the desirable predominant uses. The following regulations shall apply in all Limited Industrial or ML Zones. (Former Section INL#314-43; Ord. 1086, Sec. 11, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-3.2 ML: LIMITED INDUSTRIAL Principal Permitted Uses
Small animal hospitals completely enclosed within a building. (From Section INL#314-37(b)(2); Ord. 1086, Sec. 8, 7/13/76)
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (From Section INL#314-37(b)(3); Ord. 1086, Sec. 8, 7/13/76)
Administrative, business and professional offices. (From Section INL#31443(a)(2))
Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, and research and development laboratories. (From
ML: LIMITED INDUSTRIAL
314-3.2
Section INL#314-43(a)(3))
Emergency shelters.
Uses Permitted With a Special Permit
Single-room occupancy facilities which are conversions of existing buildings.
Uses Permitted With a Use Permit
Dwellings, accessory dwelling units, manufactured homes, hotels, motels, and manufactured home parks. (Amended by Ord. 2335, 12/14/04)
Animal hospitals and kennels.
Animal feed and sales yards.
Manufacture of furniture, finished paper and paper products.
Mini-storage.
Emergency dependent unit villages and alternative lodge parks.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the ML Zone.
| Manufacture of furniture,finishedpaper andpaperproducts. Mini-storage. Emergencydependent unit villages and alternative lodgeparks. Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the ML Zone. |
Manufacture of furniture,finishedpaper andpaperproducts. Mini-storage. Emergencydependent unit villages and alternative lodgeparks. Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the ML Zone. |
|---|---|
| Other Regulations | |
| Minimum Lot Area | One acre(1a). |
| Minimum Lot Width | (None specified.) |
| Minimum Yard Setbacks ***** |
|
| Front | Fiftyfeet(50'); |
| Rear | Fiftyfeet(50'); |
| Side | Ten percent (10%) of average-lot width but not less than twenty-five feet(25'). |
| Maximum Ground Coverage | Twenty-fivepercent(25%). |
| Maximum Building Height | Seventy-five feet(75'). |
| All manufacturing and fabricating areas | |
| shall be enclosed in buildings; and | |
| All equipment and materials storage | |
| areas adjacent to Residential (RS, R-1, R- | |
| Special Regulations | 2, R-3, R-4) Zones shall be screened by |
| walls, fences or adequate plantings to a | |
| height of not less than six (6) feet; and | |
| Said fencing and screening shall conform | |
| to allyard requirements. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-43(a)(1-3); INL#314-43(b); INL#314-43(c))
3.3 MH: HEAVY INDUSTRIAL ZONE ¶
The Heavy Industrial or MH Zone is intended to apply to areas devoted to normal operations of industries subject only to regulations as are needed to control congestion and protect surrounding areas. The following regulations shall apply to all Heavy Industrial or MH Zones. (Former Section INL#314-46; Ord. 1086, Sec. 12, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-3.3 MH: HEAVY INDUSTRIAL Principal Permitted Uses Small animal hospitals completely enclosed within a building. (From Section INL#314-37(b)(2); Ord. 1086, Sec. 8, 7/13/76) Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (From Section INL#314-37(b)(3); Ord. 1086, Sec. 8, 7/13/76) Administrative, business and professional offices. (From Section INL#31443(a)(2)) Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, and research and development laboratories. (From Section INL#314-43(a)(3)) Animal hospitals and kennels. (From Section INL#314-43(b)(2)) Animal feed and sales yards. (From Section INL#314-43(b)(3)) Manufacture of furniture, finished paper and paper products. (From Section INL#314-43(b)(4)) Industrial manufacturing uses, except as provided in the following subsection, Uses Permitted With a Use Permit. Uses Permitted With a Special Permit Single-room occupancy facilities which are conversions of existing buildings. Uses Permitted With a Use Permit Dwellings, accessory dwelling units, manufactured homes, hotels, motels, emergency shelters, manufactured home parks, and special occupancy parks. (Amended by Ord. 2335, 12/14/04) Emergency dependent unit villages and alternative lodge parks. All uses except: One (1) family dwellings; general agriculture; rooming and boarding of not more than two (2) persons; and manufactured homes. (Former Sections 314-2(c); 314-2(b)(1-4) and 314-46(b)(2)) Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MH Zone. Other Regulations Minimum Lot Area One acre (1a). (From Section INL#314-43(c)) Minimum Lot (None specified.) (From Section INL#314-43(c)) Width Minimum Yard Setbacks* Front Fifty feet (50'); (From Section INL#314-43(c)) Rear Fifty feet (50'); (From Section INL#314-43(c)) Ten percent (10%) of average-lot width but not less Side than twenty-five feet (25'). (From Section INL#31443(c))
| 314-3.3 | MH: HEAVY INDUSTRIAL | |
|---|---|---|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Seventy-five feet (75'). (From Section INL#314-43(c)) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-46(a)(1-3); Ord. 1086, Sec. 12, 7/13/76) (Former Section INL#314-46(b)(1-2); Ord. 894, Sec. 1, 12/19/72; Amended by Ord. 1086, Sec. 12, 7/13/76; Amended by Ord. 2166, Sec. 16, 4/7/98) (Ord. 2678, § 3, 7/13/2021; Ord. 2693, § 7, 6/7/2022; Ord. 2721, § 6, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024) Your Selections
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3.1 MB: BUSINESS PARK ZONE ¶
The MB Zone is intended to protect sites which are suitable for “business park” developments: well-designed mixed industrial/commercial areas composed of nuisance-free light industrial, research and development, administrative and business and professional office facilities, developed in a park-like environment. For further description of use types, see “Glossary of Use Types” in Section D: Use Types, at the end of this Chapter. (Former Section INL#314-44; Ord. 1800, Sec. 1, 6/23/87)
| 314-3.1 | MB: BUSINESS PARK | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Administrative | |
| Commercial Use Types | Office and Professional Service Warehousing,Storage and Distribution |
|
| Industrial Use Types | Research/Light Industrial | |
| Residential Use Types | Supportive housing is permitted above the ground floor as the primary use. Commercial Residential. Within Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and multiple dwellings on the upper floors of multistory structures where below are commercial establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the MB Zone. |
|
| Use Type | Uses Permitted With a Special Permit |
|
| Residential Use Types | Outside Housing Opportunity Zones, residential uses subordinate to the permitted use including caretaker’s residences and apartments on the upper floors of multistory structures where below are establishments engaged in uses designated “Principally Permitted” or “Conditionally Permitted” in the MB Zone. Transitional Housing EmergencyShelters |
|
| Supportive housing may be located on theground floor with a specialpermit. |
||
| Use Type | Uses Permitted With a Use Permit | |
| 314-3.1 | MB: BUSINESS PARK | |
| --- | --- | --- |
| Commercial Use Types | Retail Sales Retail Service Transient Habitation Mini-Storage |
|
| Use Types Not Listed in This Table | Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MB Zone. |
|
| Other Regulations | ||
| Minimum Lot Area | 10,000 square feet. | |
| Minimum Lot Width | Sixtyfeet(60'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Thirtyfeet(30'). | |
| Rear | Ten feet(10'). | |
| Side | Thirty feet (30') where side yard adjoins a public street and ten feet (10') otherwise. |
|
| Maximum Ground Coverage | Fifty percent(50%). | |
| Maximum Building Height | Fiftyfeet(50'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-44(a)(1-4); (Former Section INL#314-44(b)(1-3); INL#314-44(c)(1-5); Ord. 1800, Sec. 1, 6/23/87)
3.2 ML: LIMITED INDUSTRIAL ZONE ¶
The Limited Industrial or ML Zone is intended to apply to areas in which light manufacturing and heavy commercial uses of the nonnuisance type and large administrative facilities are the desirable predominant uses. The following regulations shall apply in all Limited Industrial or ML Zones. (Former Section INL#314-43; Ord. 1086, Sec. 11, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-3.2 ML: LIMITED INDUSTRIAL Principal Permitted Uses
Small animal hospitals completely enclosed within a building. (From Section INL#314-37(b)(2); Ord. 1086, Sec. 8, 7/13/76)
Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (From Section INL#314-37(b)(3); Ord. 1086, Sec. 8, 7/13/76)
Administrative, business and professional offices. (From Section INL#31443(a)(2))
Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, and research and development laboratories. (From
ML: LIMITED INDUSTRIAL
314-3.2
Section INL#314-43(a)(3))
Emergency shelters.
Uses Permitted With a Special Permit
Single-room occupancy facilities which are conversions of existing buildings.
Uses Permitted With a Use Permit
Dwellings, accessory dwelling units, manufactured homes, hotels, motels, and manufactured home parks. (Amended by Ord. 2335, 12/14/04)
Animal hospitals and kennels.
Animal feed and sales yards.
Manufacture of furniture, finished paper and paper products.
Mini-storage.
Emergency dependent unit villages and alternative lodge parks.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the ML Zone.
| Manufacture of furniture,finishedpaper andpaperproducts. Mini-storage. Emergencydependent unit villages and alternative lodgeparks. Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the ML Zone. |
Manufacture of furniture,finishedpaper andpaperproducts. Mini-storage. Emergencydependent unit villages and alternative lodgeparks. Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the ML Zone. |
|---|---|
| Other Regulations | |
| Minimum Lot Area | One acre(1a). |
| Minimum Lot Width | (None specified.) |
| Minimum Yard Setbacks ***** |
|
| Front | Fiftyfeet(50'); |
| Rear | Fiftyfeet(50'); |
| Side | Ten percent (10%) of average-lot width but not less than twenty-five feet(25'). |
| Maximum Ground Coverage | Twenty-fivepercent(25%). |
| Maximum Building Height | Seventy-five feet(75'). |
| All manufacturing and fabricating areas | |
| shall be enclosed in buildings; and | |
| All equipment and materials storage | |
| areas adjacent to Residential (RS, R-1, R- | |
| Special Regulations | 2, R-3, R-4) Zones shall be screened by |
| walls, fences or adequate plantings to a | |
| height of not less than six (6) feet; and | |
| Said fencing and screening shall conform | |
| to allyard requirements. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-43(a)(1-3); INL#314-43(b); INL#314-43(c))
3.3 MH: HEAVY INDUSTRIAL ZONE ¶
The Heavy Industrial or MH Zone is intended to apply to areas devoted to normal operations of industries subject only to regulations as are needed to control congestion and protect surrounding areas. The following regulations shall apply to all Heavy Industrial or MH Zones. (Former Section INL#314-46; Ord. 1086, Sec. 12, 7/13/76; Amended by Ord. 2214, 6/6/00; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-3.3 MH: HEAVY INDUSTRIAL Principal Permitted Uses Small animal hospitals completely enclosed within a building. (From Section INL#314-37(b)(2); Ord. 1086, Sec. 8, 7/13/76) Stores, agencies and services such as carpentry and cabinet-making shops, clothing manufacture, contractors’ yards, dry cleaning and laundry plants, handicraft manufacture, lumber yards, metalworking shops, wholesale outlet stores, painters’ and decorators’ yards, plumbing shops, printing, lithographing and major auto repair. (From Section INL#314-37(b)(3); Ord. 1086, Sec. 8, 7/13/76) Administrative, business and professional offices. (From Section INL#31443(a)(2)) Manufacturing of electrical and electronic equipment, of household effects such as lamps, rugs and fabrics, and research and development laboratories. (From Section INL#314-43(a)(3)) Animal hospitals and kennels. (From Section INL#314-43(b)(2)) Animal feed and sales yards. (From Section INL#314-43(b)(3)) Manufacture of furniture, finished paper and paper products. (From Section INL#314-43(b)(4)) Industrial manufacturing uses, except as provided in the following subsection, Uses Permitted With a Use Permit. Uses Permitted With a Special Permit Single-room occupancy facilities which are conversions of existing buildings. Uses Permitted With a Use Permit Dwellings, accessory dwelling units, manufactured homes, hotels, motels, emergency shelters, manufactured home parks, and special occupancy parks. (Amended by Ord. 2335, 12/14/04) Emergency dependent unit villages and alternative lodge parks. All uses except: One (1) family dwellings; general agriculture; rooming and boarding of not more than two (2) persons; and manufactured homes. (Former Sections 314-2(c); 314-2(b)(1-4) and 314-46(b)(2)) Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MH Zone. Other Regulations Minimum Lot Area One acre (1a). (From Section INL#314-43(c)) Minimum Lot (None specified.) (From Section INL#314-43(c)) Width Minimum Yard Setbacks* Front Fifty feet (50'); (From Section INL#314-43(c)) Rear Fifty feet (50'); (From Section INL#314-43(c)) Ten percent (10%) of average-lot width but not less Side than twenty-five feet (25'). (From Section INL#31443(c))
| 314-3.3 | MH: HEAVY INDUSTRIAL | |
|---|---|---|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Seventy-five feet (75'). (From Section INL#314-43(c)) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-46(a)(1-3); Ord. 1086, Sec. 12, 7/13/76) (Former Section INL#314-46(b)(1-2); Ord. 894, Sec. 1, 12/19/72; Amended by Ord. 1086, Sec. 12, 7/13/76; Amended by Ord. 2166, Sec. 16, 4/7/98) (Ord. 2678, § 3, 7/13/2021; Ord. 2693, § 7, 6/7/2022; Ord. 2721, § 6, 7/11/2023; Ord. 2742, § 4, 8/20/2024; Ord. 2747, § 5, 10/1/2024; Ord. 2748, § 4, 10/1/2024) Your Selections
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4.1 AV: AIRPORT ZONE ¶
The Airport or AV Zone is intended to be applied on properties used or planned to be used as airports where special regulations may be necessary to protect life and property. The following regulations shall apply in all Airport or AV Zones. (Former Section INL#314-49; Ord. 1086; Sec. 13, 7/13/76)
| 314-4.1 | AV: AIRPORT | |
|---|---|---|
| Principal Permitted Uses | ||
| Airports,heliports and landingstrips for aircraft. | ||
| Storage, service, fueling, freight and passenger service, lighting, and radio and radar facilities. |
||
| Sales and rental of aircraft and aviation supplies and equipment. | ||
| Uses Permitted With a Use Permit | ||
| Anyother residential,agricultural,recreational,commercial or industrial use. | ||
| Manufactured homes. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AV Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | (None specified.) | |
| Minimum Lot Width |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | (None specified.) | |
| Rear | (None specified.) | |
| Side | (None specified.) | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Federal aviation height safety standards shall apply except that heights in excess of thirty feet (30') may be permitted onlyupon securingof a Use Permit. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any new development must also conform with the adopted Humboldt County Airport Master Plan.
(Former Section INL#314-49(a)(1-3); INL#314-49(b)(1-2); INL#314-49(c)(1))
4.2 PF1: PUBLIC FACILITY (URBAN)
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Essential Services Administrative |
|
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
| --- | --- | --- |
| Community Assembly Non-Assembly Cultural Public Recreation and Open Space Health Care Services Minor Utilities |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Extensive Impact Civic Uses Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Natural Resource Use Type |
Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF1 Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
| --- | --- | --- |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Structure Height |
Forty-five feet (45'). | |
| Permitted Main Building Types |
Ancillary Residential; Manufactured Home. Limited Mixed Residential – Nonresidential. Nonresidential Detached,Multiple/Group. |
(Ord. 2422, § 2, 11/10/2009)
4.3 PF2: PUBLIC FACILTY ZONE (RURAL) ¶
The PF2 Zone is intended to apply to areas in which community-based uses are the desirable predominant uses. The purpose of this zoning classification is to allow a variety of civic uses and natural resource uses, including resource production, recreation, education and research, and natural resource uses.
| 314-4.3 | PF2: PUBLIC FACILITY(RURAL) | |
|---|---|---|
| Principal Permitted Uses | ||
| Essential services and minor utilities | ||
| Communityassembly | ||
| Commercial and non-commercial recreation | ||
| Education and research | ||
| General Agriculture and Timber Production | ||
| Caretakers and other incidental residence | ||
| Uses Permitted With a Use Permit | ||
| Extensive impact civic uses,solid waste disposal. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the PF Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | (None Specified) | |
| Minimum Lot Width |
(None Specified) | |
| Minimum Yard Setbacks ***** |
||
| Front | (None Specified) | |
| Rear | (None Specified) | |
| Side | (None Specified) | |
| Maximum Ground Coverage |
(None Specified) | |
| 314-4.3 | PF2: PUBLIC FACILITY(RURAL) | |
| --- | --- | --- |
| Maximum Building Height |
35' |
- Note: Setbacks may be modified by other provisions of this Code or State Law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.”
4.4
4.5 PR: PUBLIC RESOURCE AND RECREATION ¶
The PR or Public Resource and Recreation Zone is intended to be applied on properties under the jurisdiction of Federal, State, County, or other district authority or public corporation, or agency thereof, and where the intended use is public recreation, or resource protection or production. The County has no land use jurisdiction over Federal or State owned lands. The following regulations shall apply in all PR or Public Resource and Recreation Zones over which the County has land use jurisdiction:
| 314-4.5 | PR: PUBLIC RESOURCE AND RECREATION | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Agricultural and Resource Use Types |
General Agriculture Timber Production |
|
| Civic Use Types | Public Recreation and Open Space CommunityAssembly |
|
| Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation BoatingFacilities |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Commercial Use Types | TemporaryRV Park | |
| Civic Use Types | Administrative Essential Services Oil and Gas Pipelines; Subject to the Oil and Gas Pipeline Regulations Minor Generation and Distribution Facilities Major Electrical Distribution Lines; Subject to the Electrical Distribution Lines Regulations |
|
| Extractive Use Types | Surface Mining – 2; Subject to the Surface Mining Regulations |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PR Zone |
(Ord. 2572, 4/25/2017; Ord. 2629, § 4, 6/11/2019) Your Selections
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4.1 AV: AIRPORT ZONE ¶
The Airport or AV Zone is intended to be applied on properties used or planned to be used as airports where special regulations may be necessary to protect life and property. The following regulations shall apply in all Airport or AV Zones. (Former Section INL#314-49; Ord. 1086; Sec. 13, 7/13/76)
| 314-4.1 | AV: AIRPORT | |
|---|---|---|
| Principal Permitted Uses | ||
| Airports,heliports and landingstrips for aircraft. | ||
| Storage, service, fueling, freight and passenger service, lighting, and radio and radar facilities. |
||
| Sales and rental of aircraft and aviation supplies and equipment. | ||
| Uses Permitted With a Use Permit | ||
| Anyother residential,agricultural,recreational,commercial or industrial use. | ||
| Manufactured homes. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AV Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | (None specified.) | |
| Minimum Lot Width |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | (None specified.) | |
| Rear | (None specified.) | |
| Side | (None specified.) | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Federal aviation height safety standards shall apply except that heights in excess of thirty feet (30') may be permitted onlyupon securingof a Use Permit. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any new development must also conform with the adopted Humboldt County Airport Master Plan.
(Former Section INL#314-49(a)(1-3); INL#314-49(b)(1-2); INL#314-49(c)(1))
4.2 PF1: PUBLIC FACILITY (URBAN)
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Essential Services Administrative |
|
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
| --- | --- | --- |
| Community Assembly Non-Assembly Cultural Public Recreation and Open Space Health Care Services Minor Utilities |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Extensive Impact Civic Uses Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Natural Resource Use Type |
Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF1 Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
| --- | --- | --- |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Structure Height |
Forty-five feet (45'). | |
| Permitted Main Building Types |
Ancillary Residential; Manufactured Home. Limited Mixed Residential – Nonresidential. Nonresidential Detached,Multiple/Group. |
(Ord. 2422, § 2, 11/10/2009)
4.3 PF2: PUBLIC FACILTY ZONE (RURAL) ¶
The PF2 Zone is intended to apply to areas in which community-based uses are the desirable predominant uses. The purpose of this zoning classification is to allow a variety of civic uses and natural resource uses, including resource production, recreation, education and research, and natural resource uses.
| 314-4.3 | PF2: PUBLIC FACILITY(RURAL) | |
|---|---|---|
| Principal Permitted Uses | ||
| Essential services and minor utilities | ||
| Communityassembly | ||
| Commercial and non-commercial recreation | ||
| Education and research | ||
| General Agriculture and Timber Production | ||
| Caretakers and other incidental residence | ||
| Uses Permitted With a Use Permit | ||
| Extensive impact civic uses,solid waste disposal. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the PF Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | (None Specified) | |
| Minimum Lot Width |
(None Specified) | |
| Minimum Yard Setbacks ***** |
||
| Front | (None Specified) | |
| Rear | (None Specified) | |
| Side | (None Specified) | |
| Maximum Ground Coverage |
(None Specified) | |
| 314-4.3 | PF2: PUBLIC FACILITY(RURAL) | |
| --- | --- | --- |
| Maximum Building Height |
35' |
- Note: Setbacks may be modified by other provisions of this Code or State Law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.”
4.4
4.5 PR: PUBLIC RESOURCE AND RECREATION ¶
The PR or Public Resource and Recreation Zone is intended to be applied on properties under the jurisdiction of Federal, State, County, or other district authority or public corporation, or agency thereof, and where the intended use is public recreation, or resource protection or production. The County has no land use jurisdiction over Federal or State owned lands. The following regulations shall apply in all PR or Public Resource and Recreation Zones over which the County has land use jurisdiction:
| 314-4.5 | PR: PUBLIC RESOURCE AND RECREATION | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Agricultural and Resource Use Types |
General Agriculture Timber Production |
|
| Civic Use Types | Public Recreation and Open Space CommunityAssembly |
|
| Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation BoatingFacilities |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Commercial Use Types | TemporaryRV Park | |
| Civic Use Types | Administrative Essential Services Oil and Gas Pipelines; Subject to the Oil and Gas Pipeline Regulations Minor Generation and Distribution Facilities Major Electrical Distribution Lines; Subject to the Electrical Distribution Lines Regulations |
|
| Extractive Use Types | Surface Mining – 2; Subject to the Surface Mining Regulations |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PR Zone |
(Ord. 2572, 4/25/2017; Ord. 2629, § 4, 6/11/2019) Your Selections
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4.1 AV: AIRPORT ZONE ¶
The Airport or AV Zone is intended to be applied on properties used or planned to be used as airports where special regulations may be necessary to protect life and property. The following regulations shall apply in all Airport or AV Zones. (Former Section INL#314-49; Ord. 1086; Sec. 13, 7/13/76)
| 314-4.1 | AV: AIRPORT | |
|---|---|---|
| Principal Permitted Uses | ||
| Airports,heliports and landingstrips for aircraft. | ||
| Storage, service, fueling, freight and passenger service, lighting, and radio and radar facilities. |
||
| Sales and rental of aircraft and aviation supplies and equipment. | ||
| Uses Permitted With a Use Permit | ||
| Anyother residential,agricultural,recreational,commercial or industrial use. | ||
| Manufactured homes. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AV Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | (None specified.) | |
| Minimum Lot Width |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | (None specified.) | |
| Rear | (None specified.) | |
| Side | (None specified.) | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Federal aviation height safety standards shall apply except that heights in excess of thirty feet (30') may be permitted onlyupon securingof a Use Permit. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any new development must also conform with the adopted Humboldt County Airport Master Plan.
(Former Section INL#314-49(a)(1-3); INL#314-49(b)(1-2); INL#314-49(c)(1))
4.2 PF1: PUBLIC FACILITY (URBAN)
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Essential Services Administrative |
|
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
| --- | --- | --- |
| Community Assembly Non-Assembly Cultural Public Recreation and Open Space Health Care Services Minor Utilities |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Extensive Impact Civic Uses Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Natural Resource Use Type |
Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF1 Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
| --- | --- | --- |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Structure Height |
Forty-five feet (45'). | |
| Permitted Main Building Types |
Ancillary Residential; Manufactured Home. Limited Mixed Residential – Nonresidential. Nonresidential Detached,Multiple/Group. |
(Ord. 2422, § 2, 11/10/2009)
4.3 PF2: PUBLIC FACILTY ZONE (RURAL) ¶
The PF2 Zone is intended to apply to areas in which community-based uses are the desirable predominant uses. The purpose of this zoning classification is to allow a variety of civic uses and natural resource uses, including resource production, recreation, education and research, and natural resource uses.
| 314-4.3 | PF2: PUBLIC FACILITY(RURAL) | |
|---|---|---|
| Principal Permitted Uses | ||
| Essential services and minor utilities | ||
| Communityassembly | ||
| Commercial and non-commercial recreation | ||
| Education and research | ||
| General Agriculture and Timber Production | ||
| Caretakers and other incidental residence | ||
| Uses Permitted With a Use Permit | ||
| Extensive impact civic uses,solid waste disposal. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the PF Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | (None Specified) | |
| Minimum Lot Width |
(None Specified) | |
| Minimum Yard Setbacks ***** |
||
| Front | (None Specified) | |
| Rear | (None Specified) | |
| Side | (None Specified) | |
| Maximum Ground Coverage |
(None Specified) | |
| 314-4.3 | PF2: PUBLIC FACILITY(RURAL) | |
| --- | --- | --- |
| Maximum Building Height |
35' |
- Note: Setbacks may be modified by other provisions of this Code or State Law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.”
4.4
4.5 PR: PUBLIC RESOURCE AND RECREATION ¶
The PR or Public Resource and Recreation Zone is intended to be applied on properties under the jurisdiction of Federal, State, County, or other district authority or public corporation, or agency thereof, and where the intended use is public recreation, or resource protection or production. The County has no land use jurisdiction over Federal or State owned lands. The following regulations shall apply in all PR or Public Resource and Recreation Zones over which the County has land use jurisdiction:
| 314-4.5 | PR: PUBLIC RESOURCE AND RECREATION | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Agricultural and Resource Use Types |
General Agriculture Timber Production |
|
| Civic Use Types | Public Recreation and Open Space CommunityAssembly |
|
| Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation BoatingFacilities |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Commercial Use Types | TemporaryRV Park | |
| Civic Use Types | Administrative Essential Services Oil and Gas Pipelines; Subject to the Oil and Gas Pipeline Regulations Minor Generation and Distribution Facilities Major Electrical Distribution Lines; Subject to the Electrical Distribution Lines Regulations |
|
| Extractive Use Types | Surface Mining – 2; Subject to the Surface Mining Regulations |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PR Zone |
(Ord. 2572, 4/25/2017; Ord. 2629, § 4, 6/11/2019) Your Selections
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4.1 AV: AIRPORT ZONE ¶
The Airport or AV Zone is intended to be applied on properties used or planned to be used as airports where special regulations may be necessary to protect life and property. The following regulations shall apply in all Airport or AV Zones. (Former Section INL#314-49; Ord. 1086; Sec. 13, 7/13/76)
| 314-4.1 | AV: AIRPORT | |
|---|---|---|
| Principal Permitted Uses | ||
| Airports,heliports and landingstrips for aircraft. | ||
| Storage, service, fueling, freight and passenger service, lighting, and radio and radar facilities. |
||
| Sales and rental of aircraft and aviation supplies and equipment. | ||
| Uses Permitted With a Use Permit | ||
| Anyother residential,agricultural,recreational,commercial or industrial use. | ||
| Manufactured homes. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AV Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | (None specified.) | |
| Minimum Lot Width |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | (None specified.) | |
| Rear | (None specified.) | |
| Side | (None specified.) | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Federal aviation height safety standards shall apply except that heights in excess of thirty feet (30') may be permitted onlyupon securingof a Use Permit. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any new development must also conform with the adopted Humboldt County Airport Master Plan.
(Former Section INL#314-49(a)(1-3); INL#314-49(b)(1-2); INL#314-49(c)(1))
4.2 PF1: PUBLIC FACILITY (URBAN)
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Essential Services Administrative |
|
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
| --- | --- | --- |
| Community Assembly Non-Assembly Cultural Public Recreation and Open Space Health Care Services Minor Utilities |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Extensive Impact Civic Uses Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Natural Resource Use Type |
Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF1 Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
| --- | --- | --- |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Structure Height |
Forty-five feet (45'). | |
| Permitted Main Building Types |
Ancillary Residential; Manufactured Home. Limited Mixed Residential – Nonresidential. Nonresidential Detached,Multiple/Group. |
(Ord. 2422, § 2, 11/10/2009)
4.3 PF2: PUBLIC FACILTY ZONE (RURAL) ¶
The PF2 Zone is intended to apply to areas in which community-based uses are the desirable predominant uses. The purpose of this zoning classification is to allow a variety of civic uses and natural resource uses, including resource production, recreation, education and research, and natural resource uses.
| 314-4.3 | PF2: PUBLIC FACILITY(RURAL) | |
|---|---|---|
| Principal Permitted Uses | ||
| Essential services and minor utilities | ||
| Communityassembly | ||
| Commercial and non-commercial recreation | ||
| Education and research | ||
| General Agriculture and Timber Production | ||
| Caretakers and other incidental residence | ||
| Uses Permitted With a Use Permit | ||
| Extensive impact civic uses,solid waste disposal. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the PF Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | (None Specified) | |
| Minimum Lot Width |
(None Specified) | |
| Minimum Yard Setbacks ***** |
||
| Front | (None Specified) | |
| Rear | (None Specified) | |
| Side | (None Specified) | |
| Maximum Ground Coverage |
(None Specified) | |
| 314-4.3 | PF2: PUBLIC FACILITY(RURAL) | |
| --- | --- | --- |
| Maximum Building Height |
35' |
- Note: Setbacks may be modified by other provisions of this Code or State Law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.”
4.4
4.5 PR: PUBLIC RESOURCE AND RECREATION ¶
The PR or Public Resource and Recreation Zone is intended to be applied on properties under the jurisdiction of Federal, State, County, or other district authority or public corporation, or agency thereof, and where the intended use is public recreation, or resource protection or production. The County has no land use jurisdiction over Federal or State owned lands. The following regulations shall apply in all PR or Public Resource and Recreation Zones over which the County has land use jurisdiction:
| 314-4.5 | PR: PUBLIC RESOURCE AND RECREATION | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Agricultural and Resource Use Types |
General Agriculture Timber Production |
|
| Civic Use Types | Public Recreation and Open Space CommunityAssembly |
|
| Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation BoatingFacilities |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Commercial Use Types | TemporaryRV Park | |
| Civic Use Types | Administrative Essential Services Oil and Gas Pipelines; Subject to the Oil and Gas Pipeline Regulations Minor Generation and Distribution Facilities Major Electrical Distribution Lines; Subject to the Electrical Distribution Lines Regulations |
|
| Extractive Use Types | Surface Mining – 2; Subject to the Surface Mining Regulations |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PR Zone |
(Ord. 2572, 4/25/2017; Ord. 2629, § 4, 6/11/2019) Your Selections
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4.1 AV: AIRPORT ZONE ¶
The Airport or AV Zone is intended to be applied on properties used or planned to be used as airports where special regulations may be necessary to protect life and property. The following regulations shall apply in all Airport or AV Zones. (Former Section INL#314-49; Ord. 1086; Sec. 13, 7/13/76)
| 314-4.1 | AV: AIRPORT | |
|---|---|---|
| Principal Permitted Uses | ||
| Airports,heliports and landingstrips for aircraft. | ||
| Storage, service, fueling, freight and passenger service, lighting, and radio and radar facilities. |
||
| Sales and rental of aircraft and aviation supplies and equipment. | ||
| Uses Permitted With a Use Permit | ||
| Anyother residential,agricultural,recreational,commercial or industrial use. | ||
| Manufactured homes. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AV Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | (None specified.) | |
| Minimum Lot Width |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | (None specified.) | |
| Rear | (None specified.) | |
| Side | (None specified.) | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Federal aviation height safety standards shall apply except that heights in excess of thirty feet (30') may be permitted onlyupon securingof a Use Permit. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any new development must also conform with the adopted Humboldt County Airport Master Plan.
(Former Section INL#314-49(a)(1-3); INL#314-49(b)(1-2); INL#314-49(c)(1))
4.2 PF1: PUBLIC FACILITY (URBAN)
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Essential Services Administrative |
|
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
| --- | --- | --- |
| Community Assembly Non-Assembly Cultural Public Recreation and Open Space Health Care Services Minor Utilities |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Extensive Impact Civic Uses Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Natural Resource Use Type |
Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF1 Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
| --- | --- | --- |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Structure Height |
Forty-five feet (45'). | |
| Permitted Main Building Types |
Ancillary Residential; Manufactured Home. Limited Mixed Residential – Nonresidential. Nonresidential Detached,Multiple/Group. |
(Ord. 2422, § 2, 11/10/2009)
4.3 PF2: PUBLIC FACILTY ZONE (RURAL) ¶
The PF2 Zone is intended to apply to areas in which community-based uses are the desirable predominant uses. The purpose of this zoning classification is to allow a variety of civic uses and natural resource uses, including resource production, recreation, education and research, and natural resource uses.
| 314-4.3 | PF2: PUBLIC FACILITY(RURAL) | |
|---|---|---|
| Principal Permitted Uses | ||
| Essential services and minor utilities | ||
| Communityassembly | ||
| Commercial and non-commercial recreation | ||
| Education and research | ||
| General Agriculture and Timber Production | ||
| Caretakers and other incidental residence | ||
| Uses Permitted With a Use Permit | ||
| Extensive impact civic uses,solid waste disposal. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the PF Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | (None Specified) | |
| Minimum Lot Width |
(None Specified) | |
| Minimum Yard Setbacks ***** |
||
| Front | (None Specified) | |
| Rear | (None Specified) | |
| Side | (None Specified) | |
| Maximum Ground Coverage |
(None Specified) | |
| 314-4.3 | PF2: PUBLIC FACILITY(RURAL) | |
| --- | --- | --- |
| Maximum Building Height |
35' |
- Note: Setbacks may be modified by other provisions of this Code or State Law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.”
4.4
4.5 PR: PUBLIC RESOURCE AND RECREATION ¶
The PR or Public Resource and Recreation Zone is intended to be applied on properties under the jurisdiction of Federal, State, County, or other district authority or public corporation, or agency thereof, and where the intended use is public recreation, or resource protection or production. The County has no land use jurisdiction over Federal or State owned lands. The following regulations shall apply in all PR or Public Resource and Recreation Zones over which the County has land use jurisdiction:
| 314-4.5 | PR: PUBLIC RESOURCE AND RECREATION | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Agricultural and Resource Use Types |
General Agriculture Timber Production |
|
| Civic Use Types | Public Recreation and Open Space CommunityAssembly |
|
| Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation BoatingFacilities |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Commercial Use Types | TemporaryRV Park | |
| Civic Use Types | Administrative Essential Services Oil and Gas Pipelines; Subject to the Oil and Gas Pipeline Regulations Minor Generation and Distribution Facilities Major Electrical Distribution Lines; Subject to the Electrical Distribution Lines Regulations |
|
| Extractive Use Types | Surface Mining – 2; Subject to the Surface Mining Regulations |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PR Zone |
(Ord. 2572, 4/25/2017; Ord. 2629, § 4, 6/11/2019) Your Selections
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4.1 AV: AIRPORT ZONE ¶
The Airport or AV Zone is intended to be applied on properties used or planned to be used as airports where special regulations may be necessary to protect life and property. The following regulations shall apply in all Airport or AV Zones. (Former Section INL#314-49; Ord. 1086; Sec. 13, 7/13/76)
| 314-4.1 | AV: AIRPORT | |
|---|---|---|
| Principal Permitted Uses | ||
| Airports,heliports and landingstrips for aircraft. | ||
| Storage, service, fueling, freight and passenger service, lighting, and radio and radar facilities. |
||
| Sales and rental of aircraft and aviation supplies and equipment. | ||
| Uses Permitted With a Use Permit | ||
| Anyother residential,agricultural,recreational,commercial or industrial use. | ||
| Manufactured homes. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AV Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | (None specified.) | |
| Minimum Lot Width |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | (None specified.) | |
| Rear | (None specified.) | |
| Side | (None specified.) | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Federal aviation height safety standards shall apply except that heights in excess of thirty feet (30') may be permitted onlyupon securingof a Use Permit. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any new development must also conform with the adopted Humboldt County Airport Master Plan.
(Former Section INL#314-49(a)(1-3); INL#314-49(b)(1-2); INL#314-49(c)(1))
4.2 PF1: PUBLIC FACILITY (URBAN)
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Civic Use Types | Essential Services Administrative |
|
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
| --- | --- | --- |
| Community Assembly Non-Assembly Cultural Public Recreation and Open Space Health Care Services Minor Utilities |
||
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Civic Use Types | Extensive Impact Civic Uses Oil and Gas Pipelines; subject to the Oil and Gas Pipelines Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Natural Resource Use Type |
Coastal Access Facilities | |
| Use Types Not Listed in This Table ** |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PF1 Zone. |
|
| Development Standards | ||
| Minimum Lot Size | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times the lot width. | |
| Maximum Density | (None specified.) | |
| Minimum Yard Setbacks ******* |
||
| Front | None, except that where frontage is in a block which is partially in a Residential (RS, R2, RM) Zone, the front yard shall be same as that required in such Residential Zone |
|
| Rear | Fifteen feet (15'), except that where a rear yard abuts an alley, such rear yard may be not less than five feet (5'). |
|
| Side | None, except that a side yard of an interior lot abutting on a Residential (RS, R2, RM) Zone or an Agricultural (AE) Zone shall not be less than the front yard required in such Residential Zone or Agricultural Zone. |
|
| 314-4.2 | PF1: PUBLIC FACILITY(URBAN) | |
| --- | --- | --- |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Structure Height |
Forty-five feet (45'). | |
| Permitted Main Building Types |
Ancillary Residential; Manufactured Home. Limited Mixed Residential – Nonresidential. Nonresidential Detached,Multiple/Group. |
(Ord. 2422, § 2, 11/10/2009)
4.3 PF2: PUBLIC FACILTY ZONE (RURAL) ¶
The PF2 Zone is intended to apply to areas in which community-based uses are the desirable predominant uses. The purpose of this zoning classification is to allow a variety of civic uses and natural resource uses, including resource production, recreation, education and research, and natural resource uses.
| 314-4.3 | PF2: PUBLIC FACILITY(RURAL) | |
|---|---|---|
| Principal Permitted Uses | ||
| Essential services and minor utilities | ||
| Communityassembly | ||
| Commercial and non-commercial recreation | ||
| Education and research | ||
| General Agriculture and Timber Production | ||
| Caretakers and other incidental residence | ||
| Uses Permitted With a Use Permit | ||
| Extensive impact civic uses,solid waste disposal. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the PF Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | (None Specified) | |
| Minimum Lot Width |
(None Specified) | |
| Minimum Yard Setbacks ***** |
||
| Front | (None Specified) | |
| Rear | (None Specified) | |
| Side | (None Specified) | |
| Maximum Ground Coverage |
(None Specified) | |
| 314-4.3 | PF2: PUBLIC FACILITY(RURAL) | |
| --- | --- | --- |
| Maximum Building Height |
35' |
- Note: Setbacks may be modified by other provisions of this Code or State Law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.”
4.4
4.5 PR: PUBLIC RESOURCE AND RECREATION ¶
The PR or Public Resource and Recreation Zone is intended to be applied on properties under the jurisdiction of Federal, State, County, or other district authority or public corporation, or agency thereof, and where the intended use is public recreation, or resource protection or production. The County has no land use jurisdiction over Federal or State owned lands. The following regulations shall apply in all PR or Public Resource and Recreation Zones over which the County has land use jurisdiction:
| 314-4.5 | PR: PUBLIC RESOURCE AND RECREATION | |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Agricultural and Resource Use Types |
General Agriculture Timber Production |
|
| Civic Use Types | Public Recreation and Open Space CommunityAssembly |
|
| Natural Resource Use Types | Fish and Wildlife Habitat Management Watershed Management Wetland Restoration Resource-Related Recreation BoatingFacilities |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Caretaker’s Residence | |
| Commercial Use Types | TemporaryRV Park | |
| Civic Use Types | Administrative Essential Services Oil and Gas Pipelines; Subject to the Oil and Gas Pipeline Regulations Minor Generation and Distribution Facilities Major Electrical Distribution Lines; Subject to the Electrical Distribution Lines Regulations |
|
| Extractive Use Types | Surface Mining – 2; Subject to the Surface Mining Regulations |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the PR Zone |
(Ord. 2572, 4/25/2017; Ord. 2629, § 4, 6/11/2019) Your Selections
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5.1 DF: DESIGN FLOODWAY ZONE ¶
The Design Floodway or DF Zone is intended to be applied to areas which lie in a designated floodway, as defined in Section 8402 of the Water Code of the State of California, and such Design Floodway or DF Zone is intended to comply with Section 8410 of said Code. The Design Floodway or DF Zone is intended to prohibit such structures in the zone as might endanger life or significantly restrict the carrying capacity of the designated floodway. (Former Section INL#314-55; Ord. 542, Sections 9-12, 2/8/66)
| 314-5.1 | DF: DESIGN FLOODWAY | |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, nurseries, animal sales and feed yards except as provided in the followingsubsection,Uses Permitted With a Use Permit. |
||
| Recreational uses not requiring permanent structures. | ||
| Uses Permitted With a Use Permit | ||
| Permanent structures appurtenant to any Principal Permitted use in this Section. Principal Permitted Uses, which do not endanger life or significantly restrict the carryingcapacityof the designated floodway. |
||
| Commercial and industrial uses not requiring permanent buildings which are compatible withpermitted uses or with contiguous zones. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the DF Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Five acres(5a).(From Section INL#314-52(c)(3)) | |
| Minimum Lot Width |
300 feet. (From Section INL#314-52(c)(3)) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20').(From Section INL#314-52(c)(3)) | |
| Rear | Twentyfeet(20').(From Section INL#314-52(c)(3)) | |
| Side | Ten feet(10').(From Section INL#314-52(c)(3)) | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any development must also conform with the County flood hazard regulations in Title III, Division 3, Chapter 5.
(Former Section INL#314-55(a)(1-2); INL#314-55(b)(1-2); INL#314-55(c); Ord. 1086, Sections 14 and 15, 7/13/76)
5.2 FP: FLOOD PLAIN ZONE ¶
The Flood Plain or FP Zone is intended to be applied to areas which have been inundated by flood waters in the past and which may reasonably be expected to be inundated by flood waters in the future. The Flood Plain Zone is intended to limit the use of areas subject to such inundation and flooding to protect lives and property from loss, destruction and damage due to flood waters and to the transportation by water of wreckage and debris. The following regulations shall apply in all Flood Plain or FP Zones. (Former Section INL#314-52; Ord. 1086, Sections 14 and 15, 7/13/76)
| 314-5.2 | FP: FLOOD PLAIN | |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, nurseries and greenhouses, animal sales and feed yards, and large-scale or small-scale employee housing, except as provided in the followingsubsection,Uses Permitted With a Use Permit. |
||
| Temporaryrecreational vehicleparks. | ||
| Roadside stands. | ||
| Recreational uses, including public stables, docks, boat houses, golf courses, and shootingranges. |
||
| Uses Permitted With a Use Permit | ||
| Residential uses includingfarm dwellings. | ||
| Commercial and industrial uses which, in the opinion of the Planning Commission,are compatible with contiguous zones. |
||
| Recreational uses requiringenclosed buildings. | ||
| Special occupancy parks. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the FP Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Five acres(5a). | |
| Minimum Lot Width |
300 feet. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). | |
| Rear | Twentyfeet(20'). | |
| Side | Ten feet(10'). | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
Note: Any development must also conform with the County flood hazard regulations in Chapter 5 of Division 3 of Title III.
(Former Section INL#314-52(a)(1-4); INL#314-52(b)(1-4); INL#314-52(c)(1-3); Amended by Ord. 1086, Sections 14 and 15, 7/13/76; Amended by Ord. 2166, Sec. 17, 4/7/98) (Ord. 2781, § 3, 1/13/2026) Your Selections
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5.1 DF: DESIGN FLOODWAY ZONE ¶
The Design Floodway or DF Zone is intended to be applied to areas which lie in a designated floodway, as defined in Section 8402 of the Water Code of the State of California, and such Design Floodway or DF Zone is intended to comply with Section 8410 of said Code. The Design Floodway or DF Zone is intended to prohibit such structures in the zone as might endanger life or significantly restrict the carrying capacity of the designated floodway. (Former Section INL#314-55; Ord. 542, Sections 9-12, 2/8/66)
| 314-5.1 | DF: DESIGN FLOODWAY | |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, nurseries, animal sales and feed yards except as provided in the followingsubsection,Uses Permitted With a Use Permit. |
||
| Recreational uses not requiring permanent structures. | ||
| Uses Permitted With a Use Permit | ||
| Permanent structures appurtenant to any Principal Permitted use in this Section. Principal Permitted Uses, which do not endanger life or significantly restrict the carryingcapacityof the designated floodway. |
||
| Commercial and industrial uses not requiring permanent buildings which are compatible withpermitted uses or with contiguous zones. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the DF Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Five acres(5a).(From Section INL#314-52(c)(3)) | |
| Minimum Lot Width |
300 feet. (From Section INL#314-52(c)(3)) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20').(From Section INL#314-52(c)(3)) | |
| Rear | Twentyfeet(20').(From Section INL#314-52(c)(3)) | |
| Side | Ten feet(10').(From Section INL#314-52(c)(3)) | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any development must also conform with the County flood hazard regulations in Title III, Division 3, Chapter 5.
(Former Section INL#314-55(a)(1-2); INL#314-55(b)(1-2); INL#314-55(c); Ord. 1086, Sections 14 and 15, 7/13/76)
5.2 FP: FLOOD PLAIN ZONE ¶
The Flood Plain or FP Zone is intended to be applied to areas which have been inundated by flood waters in the past and which may reasonably be expected to be inundated by flood waters in the future. The Flood Plain Zone is intended to limit the use of areas subject to such inundation and flooding to protect lives and property from loss, destruction and damage due to flood waters and to the transportation by water of wreckage and debris. The following regulations shall apply in all Flood Plain or FP Zones. (Former Section INL#314-52; Ord. 1086, Sections 14 and 15, 7/13/76)
| 314-5.2 | FP: FLOOD PLAIN | |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, nurseries and greenhouses, animal sales and feed yards, and large-scale or small-scale employee housing, except as provided in the followingsubsection,Uses Permitted With a Use Permit. |
||
| Temporaryrecreational vehicleparks. | ||
| Roadside stands. | ||
| Recreational uses, including public stables, docks, boat houses, golf courses, and shootingranges. |
||
| Uses Permitted With a Use Permit | ||
| Residential uses includingfarm dwellings. | ||
| Commercial and industrial uses which, in the opinion of the Planning Commission,are compatible with contiguous zones. |
||
| Recreational uses requiringenclosed buildings. | ||
| Special occupancy parks. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the FP Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Five acres(5a). | |
| Minimum Lot Width |
300 feet. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). | |
| Rear | Twentyfeet(20'). | |
| Side | Ten feet(10'). | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
Note: Any development must also conform with the County flood hazard regulations in Chapter 5 of Division 3 of Title III.
(Former Section INL#314-52(a)(1-4); INL#314-52(b)(1-4); INL#314-52(c)(1-3); Amended by Ord. 1086, Sections 14 and 15, 7/13/76; Amended by Ord. 2166, Sec. 17, 4/7/98) (Ord. 2781, § 3, 1/13/2026) Your Selections
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5.1 DF: DESIGN FLOODWAY ZONE ¶
The Design Floodway or DF Zone is intended to be applied to areas which lie in a designated floodway, as defined in Section 8402 of the Water Code of the State of California, and such Design Floodway or DF Zone is intended to comply with Section 8410 of said Code. The Design Floodway or DF Zone is intended to prohibit such structures in the zone as might endanger life or significantly restrict the carrying capacity of the designated floodway. (Former Section INL#314-55; Ord. 542, Sections 9-12, 2/8/66)
| 314-5.1 | DF: DESIGN FLOODWAY | |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, nurseries, animal sales and feed yards except as provided in the followingsubsection,Uses Permitted With a Use Permit. |
||
| Recreational uses not requiring permanent structures. | ||
| Uses Permitted With a Use Permit | ||
| Permanent structures appurtenant to any Principal Permitted use in this Section. Principal Permitted Uses, which do not endanger life or significantly restrict the carryingcapacityof the designated floodway. |
||
| Commercial and industrial uses not requiring permanent buildings which are compatible withpermitted uses or with contiguous zones. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the DF Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Five acres(5a).(From Section INL#314-52(c)(3)) | |
| Minimum Lot Width |
300 feet. (From Section INL#314-52(c)(3)) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20').(From Section INL#314-52(c)(3)) | |
| Rear | Twentyfeet(20').(From Section INL#314-52(c)(3)) | |
| Side | Ten feet(10').(From Section INL#314-52(c)(3)) | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
Note: Any development must also conform with the County flood hazard regulations in Title III, Division 3, Chapter 5.
(Former Section INL#314-55(a)(1-2); INL#314-55(b)(1-2); INL#314-55(c); Ord. 1086, Sections 14 and 15, 7/13/76)
5.2 FP: FLOOD PLAIN ZONE ¶
The Flood Plain or FP Zone is intended to be applied to areas which have been inundated by flood waters in the past and which may reasonably be expected to be inundated by flood waters in the future. The Flood Plain Zone is intended to limit the use of areas subject to such inundation and flooding to protect lives and property from loss, destruction and damage due to flood waters and to the transportation by water of wreckage and debris. The following regulations shall apply in all Flood Plain or FP Zones. (Former Section INL#314-52; Ord. 1086, Sections 14 and 15, 7/13/76)
| 314-5.2 | FP: FLOOD PLAIN | |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, nurseries and greenhouses, animal sales and feed yards, and large-scale or small-scale employee housing, except as provided in the followingsubsection,Uses Permitted With a Use Permit. |
||
| Temporaryrecreational vehicleparks. | ||
| Roadside stands. | ||
| Recreational uses, including public stables, docks, boat houses, golf courses, and shootingranges. |
||
| Uses Permitted With a Use Permit | ||
| Residential uses includingfarm dwellings. | ||
| Commercial and industrial uses which, in the opinion of the Planning Commission,are compatible with contiguous zones. |
||
| Recreational uses requiringenclosed buildings. | ||
| Special occupancy parks. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the FP Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Five acres(5a). | |
| Minimum Lot Width |
300 feet. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). | |
| Rear | Twentyfeet(20'). | |
| Side | Ten feet(10'). | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
Note: Any development must also conform with the County flood hazard regulations in Chapter 5 of Division 3 of Title III.
(Former Section INL#314-52(a)(1-4); INL#314-52(b)(1-4); INL#314-52(c)(1-3); Amended by Ord. 1086, Sections 14 and 15, 7/13/76; Amended by Ord. 2166, Sec. 17, 4/7/98) (Ord. 2781, § 3, 1/13/2026) Your Selections
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6.1 RS: RESIDENTIAL SUBURBAN ZONE ¶
The Residential Suburban or RS Zone is intended to be applied in areas of the County which are particularly suited to large-lot development. The following regulations shall apply in all Residential Suburban or RS Zones. (Former Section INL#314-21; Ord. 1057, Sec. 3, 12/8/75; Amended by Ord. 1738, Sec. 1, 5/20/86; Amended by Ord. 1848, Sec. 9, 9/13/88; Amended by Ord. 1876 Sec. 4, 9/26/89)
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings. | |
| Accessorydwellingunit. | ||
| Servants’quarters andguest houses. | ||
| Keepingof no more than eight(8)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Private institutions. | ||
| Private recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the RS Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | One acre(1a). | |
| Minimum Lot Width |
One hundred twenty-five feet (125'). | |
| Minimum Lot Depth |
One hundred ten feet (110'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25')t from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley. |
|
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
| --- | --- | --- |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five feet (35'). | |
| * Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11. Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6)) RESIDENTIAL ONE-FAMILY ZONE idential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities a ervices make the area suitable and desirable for low density residential development. The following regulations shall ap ential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235,Sec. 1, 6/13/78; Amended by Ord. 1738,Sec. ; Amended by Ord. 1848,Sec. 10, 9/13/88; Amended by Ord. 1876,Sec. 5, 9/26/89) |
||
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY | |
| Principal Permitted Uses | ||
| One(1)familydwelling. | ||
| Accessorydwellingunit. | ||
| Single-unit supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not over two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Public andprivate noncommercial recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-1 Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). |
(Former Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6))
6.2 R-1: RESIDENTIAL ONE-FAMILY ZONE ¶
The Residential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities and public services make the area suitable and desirable for low density residential development. The following regulations shall apply in all Residential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235, Sec. 1, 6/13/78; Amended by Ord. 1738, Sec. 2, 5/20/86; Amended by Ord. 1848, Sec. 10, 9/13/88; Amended by Ord. 1876, Sec. 5, 9/26/89)
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY |
|---|---|
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-24(a)(1-3); INL#314-24(b)(1-3); INL#314-24(c)(1-6))
6.3 R-2: RESIDENTIAL TWO-FAMILY ZONE ¶
The Residential Two-Family or R-2 Zone is intended to be allowed in areas of the County close to urban centers where all utilities and services are available and where an increased density is appropriate on each building site. The following regulations shall apply in all Residential Two-Family or R-2 Zones. (Former Section INL#314-27; Ord. 1057, Sec. 5, 12/8/75: Amended by Ord. 1738, Sec. 3, 5/20/86; Amended by Ord. 1848, Sec. 11, 9/13/88; Amended by Ord. 1876, Sec. 6, 9/26/89)
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1)familydwellings. | ||
| Two(2)familydwellings. | ||
| Accessorydwellingunit. | ||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets for each dwellingunit. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Private institutions. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
314-6.3
R-2: RESIDENTIAL TWO-FAMILY
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-2 Zone.
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY |
|---|---|
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-2 Zone. |
|
| Other Regulations | |
| Minimum Lot Area | 5,000 square feet. |
| Minimum Lot Width |
Fifty feet (50'). |
| Maximum Lot Depth |
Three (3) times lot width. |
| Minimum Yard Setbacks ***** |
|
| Front | Twentyfeet(20'). |
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Forty percent (40%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-27(a)(1-4); INL#314-27(b)(1-3); INL#314-27(c)(1-6))
6.4 R-3: RESIDENTIAL MULTIPLE FAMILY ZONE ¶
The Residential Multiple Family or R-3 Zone is intended to apply in areas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
eas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | R-3: RESIDENTIAL MULTIPLE FAMILY | |
|---|---|---|---|
| Principal Permitted Uses | |||
| Two(2)familydwellings.(Amended byOrd. | 2166, 4/7/98) |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| Accessorydwellingunit. | |||
| Dwelling groups and multiple dwellings containing four (4) or fewer units per building. |
|||
| Tiny house villages and dependent unit villages with connection to public water and wastewater. |
|||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
|||
| Emergencydependent unit villages. | |||
| Keepingof no more than two(2)householdpets for each dwellingunit. | |||
| Emergencyshelters. | |||
| Single-room occupancyfacilities. | |||
| Uses Permitted With a Special Permit | |||
| Tiny house villages and dependent unit villages without connection to public water and wastewater. |
|||
| Uses Permitted With a Use Permit | |||
| Hotels, motels, manufactured home parks, and rooming and boarding houses. (Amended byOrd. 2335,12/14/04) |
|||
| Alternative lodgeparks. | |||
| Private institutions. | |||
| Professional offices. | |||
| One (1) family dwellings and accessory dwelling units where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with Countyrequirements.(Added byOrd. 2166,Sec. 12, 4/7/98) |
|||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-3Zone. |
|||
| Other Regulations | |||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
||
| Minimum Lot Width | Fiftyfeet(50'). | ||
| Maximum Lot Depth | Three(3)times lot width. | ||
| Minimum Yard Setbacks ***** |
|||
| Front | Twentyfeet(20'). | ||
| Rear | Ten feet(10'). | ||
| Interior Side | Five feet(5'). | ||
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25) from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| questionable cases, the Public Works Director shall classifythe subject street.) |
|||
| Double | Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
|
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten (10) feet. (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | ||
| Maximum Building Height |
Forty-five feet (45'). | ||
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
||
| Design Considerations (Advisory only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-30(a)(1-3); INL#314-30(b)(1-4); INL#314-30(c)(1-7; Amended by Ord. 2166, 4/7/98)
6.5 R-4: APARTMENT PROFESSIONAL ZONE ¶
The Apartment Professional or R-4 Zone is intended to apply in areas suitable for higher density residential uses and for professional and business offices and institutional uses. The following regulations shall apply in all Apartment Professional or R-4 Zones. (Former Section INL#314-31; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 13, 9/13/88; Amended by Ord. 1876, Sec. 8, 9/26/89; Amended by Ord. 2166, Sec. 13, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-6.5 R-4: APARTMENT PROFESSIONAL
Principal Permitted Uses
Two (2) family dwellings and multiple dwellings, accessory dwelling units accessory to multifamily dwellings, and dwelling groups. (Amended by Ord. 2166, Sec. 13, 4/7/98)
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone.
Professional and business offices.
Commercial instruction.
Boarding and rooming houses.
Keeping of no more than two (2) household pets for each dwelling unit.
Manufactured home parks.
Single-room occupancy facilities.
Uses Permitted With a Special Permit
Tiny house villages and dependent unit villages without connection to public water and wastewater.
Uses Permitted With a Use Permit
Hotels, motels and emergency shelters. (Amended by Ord. 2335, 12/14/04)
314-6.5 R-4: APARTMENT PROFESSIONAL
Alternative lodge parks.
Private institutions.
Social halls and fraternal and social organizations.
Noncommercial recreation facilities.
Mortuaries.
Small animal hospitals completely enclosed within a building.
One (1) family dwellings where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements. (Added by Ord. 2166, Sec. 13, 4/7/98)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-4 Zone.
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
|---|---|---|
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
|
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Ten(10)feet. | |
| Interior Side | Five(5)feet. | |
| Exterior Side | Same as front or one-half (l/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty (20 feet, except the rear yard setbacks may be reduced to ten (10) feet where such yard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten feet (10'). (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | |
| Maximum Building Height |
Forty-five feet (45'). | |
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
|
| Design Considerations (Advisory Only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-31(a)(1-6); INL#314-31(b)(1-7); INL#314-31(c))
6.6 RA: RURAL RESIDENTIAL AGRICULTURE ¶
Principal Permitted Uses. The following use types are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. (Former Section INL#314-20; Added by Ord. 2205, Sec. 1, 4/11/00)
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Residential Use Types | Single-Family Residential Accessory Dwelling Unit (Amended by Ord. 4/7/98) |
2167,Sec. 16, |
| Civic Use Types | Minor Utilities | |
| Agricultural Use Types | General Agriculture | |
| Industrial Use Types | Cottage Industry; subject to the Cottage Industry Regulations (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Recreation |
|
| Agricultural Use Types | Stables and Kennels Intensive Agriculture |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | |
| --- | --- | |
| Commercial Timber Use Type |
Timber Production | |
| Extractive Use Type | Surface Mining– 2;subject to the Surface MiningRegulations | |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone. |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| Development Standards | ||
| Minimum Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width |
| RA-1 | 1.0 acre | 150 feet |
| RA-2 | 2.0 acres | 175feet |
| RA-2.5 | 2.5acres | 175feet |
| RA-5 | 5.0 acres | 250 feet |
| RA-10 | 10.0 acres | 350 feet |
| RA-20 | 20.0 acres | 475feet |
| RA-40 | 40.0 acres | 750 feet |
| Maximum Lot Depth | Four(4)times the lot width. | |
| Maximum Density | Either one (1) dwelling unit per lawfully created lot or two (2) dwelling units per lawfully created lot if a Special Permit is secured for a second residential unit. (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Minimum Yard Setbacks ***** |
Minimum Lot Size Less Than 2.5 Acres |
Minimum Lot Size 2.5 Acres or Greater |
| Front | Twenty (20) feet | Twenty (20) feet; thirty (30)feet for flaglots |
| Rear | Ten(10)feet | Thirty (30)feet |
| Interior Side | Five(5)feet | Thirty (30)feet |
| Exterior Side | Twenty (20)feet | Thirty (30)feet |
| Flag Lots | The Director, in consultation with the Public Works Department, shall establish the minimum |
The Director, in consultation with the Public Works Department, shall establish the minimum |
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| yard that is required for vehicular turnaround on the lot. |
yard that is required for vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
| Maximum Ground Coverage |
Thirty-five percent (35%) | |
| Maximum Structure Height |
Thirty-five (35) feet | |
| Permitted Main Building Types |
Residential Single Detached Limited Mixed Residential – Nonresidential Nonresidential Detached or Multiple/Group |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G - Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
(From Sections CZ#A313-17(A)(1-4); CZ#A313-17(B)(1-7); CZ#A313-17(C)(1-6); Amended by Ord. 2167, Sec. 16, 4/7/98) (Ord. 2678, § 4, 7/13/2021; Ord. 2693, § 9, 6/7/2022; Ord. 2721, § 7, 7/11/2023; Ord. 2732, § 7, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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6.1 RS: RESIDENTIAL SUBURBAN ZONE ¶
The Residential Suburban or RS Zone is intended to be applied in areas of the County which are particularly suited to large-lot development. The following regulations shall apply in all Residential Suburban or RS Zones. (Former Section INL#314-21; Ord. 1057, Sec. 3, 12/8/75; Amended by Ord. 1738, Sec. 1, 5/20/86; Amended by Ord. 1848, Sec. 9, 9/13/88; Amended by Ord. 1876 Sec. 4, 9/26/89)
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings. | |
| Accessorydwellingunit. | ||
| Servants’quarters andguest houses. | ||
| Keepingof no more than eight(8)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Private institutions. | ||
| Private recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the RS Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | One acre(1a). | |
| Minimum Lot Width |
One hundred twenty-five feet (125'). | |
| Minimum Lot Depth |
One hundred ten feet (110'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25')t from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley. |
|
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
| --- | --- | --- |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five feet (35'). | |
| * Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11. Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6)) RESIDENTIAL ONE-FAMILY ZONE idential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities a ervices make the area suitable and desirable for low density residential development. The following regulations shall ap ential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235,Sec. 1, 6/13/78; Amended by Ord. 1738,Sec. ; Amended by Ord. 1848,Sec. 10, 9/13/88; Amended by Ord. 1876,Sec. 5, 9/26/89) |
||
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY | |
| Principal Permitted Uses | ||
| One(1)familydwelling. | ||
| Accessorydwellingunit. | ||
| Single-unit supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not over two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Public andprivate noncommercial recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-1 Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). |
(Former Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6))
6.2 R-1: RESIDENTIAL ONE-FAMILY ZONE ¶
The Residential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities and public services make the area suitable and desirable for low density residential development. The following regulations shall apply in all Residential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235, Sec. 1, 6/13/78; Amended by Ord. 1738, Sec. 2, 5/20/86; Amended by Ord. 1848, Sec. 10, 9/13/88; Amended by Ord. 1876, Sec. 5, 9/26/89)
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY |
|---|---|
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-24(a)(1-3); INL#314-24(b)(1-3); INL#314-24(c)(1-6))
6.3 R-2: RESIDENTIAL TWO-FAMILY ZONE ¶
The Residential Two-Family or R-2 Zone is intended to be allowed in areas of the County close to urban centers where all utilities and services are available and where an increased density is appropriate on each building site. The following regulations shall apply in all Residential Two-Family or R-2 Zones. (Former Section INL#314-27; Ord. 1057, Sec. 5, 12/8/75: Amended by Ord. 1738, Sec. 3, 5/20/86; Amended by Ord. 1848, Sec. 11, 9/13/88; Amended by Ord. 1876, Sec. 6, 9/26/89)
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1)familydwellings. | ||
| Two(2)familydwellings. | ||
| Accessorydwellingunit. | ||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets for each dwellingunit. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Private institutions. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
314-6.3
R-2: RESIDENTIAL TWO-FAMILY
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-2 Zone.
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY |
|---|---|
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-2 Zone. |
|
| Other Regulations | |
| Minimum Lot Area | 5,000 square feet. |
| Minimum Lot Width |
Fifty feet (50'). |
| Maximum Lot Depth |
Three (3) times lot width. |
| Minimum Yard Setbacks ***** |
|
| Front | Twentyfeet(20'). |
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Forty percent (40%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-27(a)(1-4); INL#314-27(b)(1-3); INL#314-27(c)(1-6))
6.4 R-3: RESIDENTIAL MULTIPLE FAMILY ZONE ¶
The Residential Multiple Family or R-3 Zone is intended to apply in areas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
eas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | R-3: RESIDENTIAL MULTIPLE FAMILY | |
|---|---|---|---|
| Principal Permitted Uses | |||
| Two(2)familydwellings.(Amended byOrd. | 2166, 4/7/98) |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| Accessorydwellingunit. | |||
| Dwelling groups and multiple dwellings containing four (4) or fewer units per building. |
|||
| Tiny house villages and dependent unit villages with connection to public water and wastewater. |
|||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
|||
| Emergencydependent unit villages. | |||
| Keepingof no more than two(2)householdpets for each dwellingunit. | |||
| Emergencyshelters. | |||
| Single-room occupancyfacilities. | |||
| Uses Permitted With a Special Permit | |||
| Tiny house villages and dependent unit villages without connection to public water and wastewater. |
|||
| Uses Permitted With a Use Permit | |||
| Hotels, motels, manufactured home parks, and rooming and boarding houses. (Amended byOrd. 2335,12/14/04) |
|||
| Alternative lodgeparks. | |||
| Private institutions. | |||
| Professional offices. | |||
| One (1) family dwellings and accessory dwelling units where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with Countyrequirements.(Added byOrd. 2166,Sec. 12, 4/7/98) |
|||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-3Zone. |
|||
| Other Regulations | |||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
||
| Minimum Lot Width | Fiftyfeet(50'). | ||
| Maximum Lot Depth | Three(3)times lot width. | ||
| Minimum Yard Setbacks ***** |
|||
| Front | Twentyfeet(20'). | ||
| Rear | Ten feet(10'). | ||
| Interior Side | Five feet(5'). | ||
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25) from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| questionable cases, the Public Works Director shall classifythe subject street.) |
|||
| Double | Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
|
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten (10) feet. (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | ||
| Maximum Building Height |
Forty-five feet (45'). | ||
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
||
| Design Considerations (Advisory only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-30(a)(1-3); INL#314-30(b)(1-4); INL#314-30(c)(1-7; Amended by Ord. 2166, 4/7/98)
6.5 R-4: APARTMENT PROFESSIONAL ZONE ¶
The Apartment Professional or R-4 Zone is intended to apply in areas suitable for higher density residential uses and for professional and business offices and institutional uses. The following regulations shall apply in all Apartment Professional or R-4 Zones. (Former Section INL#314-31; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 13, 9/13/88; Amended by Ord. 1876, Sec. 8, 9/26/89; Amended by Ord. 2166, Sec. 13, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-6.5 R-4: APARTMENT PROFESSIONAL
Principal Permitted Uses
Two (2) family dwellings and multiple dwellings, accessory dwelling units accessory to multifamily dwellings, and dwelling groups. (Amended by Ord. 2166, Sec. 13, 4/7/98)
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone.
Professional and business offices.
Commercial instruction.
Boarding and rooming houses.
Keeping of no more than two (2) household pets for each dwelling unit.
Manufactured home parks.
Single-room occupancy facilities.
Uses Permitted With a Special Permit
Tiny house villages and dependent unit villages without connection to public water and wastewater.
Uses Permitted With a Use Permit
Hotels, motels and emergency shelters. (Amended by Ord. 2335, 12/14/04)
314-6.5 R-4: APARTMENT PROFESSIONAL
Alternative lodge parks.
Private institutions.
Social halls and fraternal and social organizations.
Noncommercial recreation facilities.
Mortuaries.
Small animal hospitals completely enclosed within a building.
One (1) family dwellings where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements. (Added by Ord. 2166, Sec. 13, 4/7/98)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-4 Zone.
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
|---|---|---|
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
|
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Ten(10)feet. | |
| Interior Side | Five(5)feet. | |
| Exterior Side | Same as front or one-half (l/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty (20 feet, except the rear yard setbacks may be reduced to ten (10) feet where such yard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten feet (10'). (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | |
| Maximum Building Height |
Forty-five feet (45'). | |
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
|
| Design Considerations (Advisory Only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-31(a)(1-6); INL#314-31(b)(1-7); INL#314-31(c))
6.6 RA: RURAL RESIDENTIAL AGRICULTURE ¶
Principal Permitted Uses. The following use types are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. (Former Section INL#314-20; Added by Ord. 2205, Sec. 1, 4/11/00)
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Residential Use Types | Single-Family Residential Accessory Dwelling Unit (Amended by Ord. 4/7/98) |
2167,Sec. 16, |
| Civic Use Types | Minor Utilities | |
| Agricultural Use Types | General Agriculture | |
| Industrial Use Types | Cottage Industry; subject to the Cottage Industry Regulations (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Recreation |
|
| Agricultural Use Types | Stables and Kennels Intensive Agriculture |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | |
| --- | --- | |
| Commercial Timber Use Type |
Timber Production | |
| Extractive Use Type | Surface Mining– 2;subject to the Surface MiningRegulations | |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone. |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| Development Standards | ||
| Minimum Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width |
| RA-1 | 1.0 acre | 150 feet |
| RA-2 | 2.0 acres | 175feet |
| RA-2.5 | 2.5acres | 175feet |
| RA-5 | 5.0 acres | 250 feet |
| RA-10 | 10.0 acres | 350 feet |
| RA-20 | 20.0 acres | 475feet |
| RA-40 | 40.0 acres | 750 feet |
| Maximum Lot Depth | Four(4)times the lot width. | |
| Maximum Density | Either one (1) dwelling unit per lawfully created lot or two (2) dwelling units per lawfully created lot if a Special Permit is secured for a second residential unit. (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Minimum Yard Setbacks ***** |
Minimum Lot Size Less Than 2.5 Acres |
Minimum Lot Size 2.5 Acres or Greater |
| Front | Twenty (20) feet | Twenty (20) feet; thirty (30)feet for flaglots |
| Rear | Ten(10)feet | Thirty (30)feet |
| Interior Side | Five(5)feet | Thirty (30)feet |
| Exterior Side | Twenty (20)feet | Thirty (30)feet |
| Flag Lots | The Director, in consultation with the Public Works Department, shall establish the minimum |
The Director, in consultation with the Public Works Department, shall establish the minimum |
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| yard that is required for vehicular turnaround on the lot. |
yard that is required for vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
| Maximum Ground Coverage |
Thirty-five percent (35%) | |
| Maximum Structure Height |
Thirty-five (35) feet | |
| Permitted Main Building Types |
Residential Single Detached Limited Mixed Residential – Nonresidential Nonresidential Detached or Multiple/Group |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G - Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
(From Sections CZ#A313-17(A)(1-4); CZ#A313-17(B)(1-7); CZ#A313-17(C)(1-6); Amended by Ord. 2167, Sec. 16, 4/7/98) (Ord. 2678, § 4, 7/13/2021; Ord. 2693, § 9, 6/7/2022; Ord. 2721, § 7, 7/11/2023; Ord. 2732, § 7, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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6.1 RS: RESIDENTIAL SUBURBAN ZONE ¶
The Residential Suburban or RS Zone is intended to be applied in areas of the County which are particularly suited to large-lot development. The following regulations shall apply in all Residential Suburban or RS Zones. (Former Section INL#314-21; Ord. 1057, Sec. 3, 12/8/75; Amended by Ord. 1738, Sec. 1, 5/20/86; Amended by Ord. 1848, Sec. 9, 9/13/88; Amended by Ord. 1876 Sec. 4, 9/26/89)
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings. | |
| Accessorydwellingunit. | ||
| Servants’quarters andguest houses. | ||
| Keepingof no more than eight(8)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Private institutions. | ||
| Private recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the RS Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | One acre(1a). | |
| Minimum Lot Width |
One hundred twenty-five feet (125'). | |
| Minimum Lot Depth |
One hundred ten feet (110'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25')t from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley. |
|
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
| --- | --- | --- |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five feet (35'). | |
| * Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11. Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6)) RESIDENTIAL ONE-FAMILY ZONE idential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities a ervices make the area suitable and desirable for low density residential development. The following regulations shall ap ential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235,Sec. 1, 6/13/78; Amended by Ord. 1738,Sec. ; Amended by Ord. 1848,Sec. 10, 9/13/88; Amended by Ord. 1876,Sec. 5, 9/26/89) |
||
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY | |
| Principal Permitted Uses | ||
| One(1)familydwelling. | ||
| Accessorydwellingunit. | ||
| Single-unit supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not over two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Public andprivate noncommercial recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-1 Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). |
(Former Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6))
6.2 R-1: RESIDENTIAL ONE-FAMILY ZONE ¶
The Residential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities and public services make the area suitable and desirable for low density residential development. The following regulations shall apply in all Residential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235, Sec. 1, 6/13/78; Amended by Ord. 1738, Sec. 2, 5/20/86; Amended by Ord. 1848, Sec. 10, 9/13/88; Amended by Ord. 1876, Sec. 5, 9/26/89)
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY |
|---|---|
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-24(a)(1-3); INL#314-24(b)(1-3); INL#314-24(c)(1-6))
6.3 R-2: RESIDENTIAL TWO-FAMILY ZONE ¶
The Residential Two-Family or R-2 Zone is intended to be allowed in areas of the County close to urban centers where all utilities and services are available and where an increased density is appropriate on each building site. The following regulations shall apply in all Residential Two-Family or R-2 Zones. (Former Section INL#314-27; Ord. 1057, Sec. 5, 12/8/75: Amended by Ord. 1738, Sec. 3, 5/20/86; Amended by Ord. 1848, Sec. 11, 9/13/88; Amended by Ord. 1876, Sec. 6, 9/26/89)
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1)familydwellings. | ||
| Two(2)familydwellings. | ||
| Accessorydwellingunit. | ||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets for each dwellingunit. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Private institutions. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
314-6.3
R-2: RESIDENTIAL TWO-FAMILY
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-2 Zone.
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY |
|---|---|
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-2 Zone. |
|
| Other Regulations | |
| Minimum Lot Area | 5,000 square feet. |
| Minimum Lot Width |
Fifty feet (50'). |
| Maximum Lot Depth |
Three (3) times lot width. |
| Minimum Yard Setbacks ***** |
|
| Front | Twentyfeet(20'). |
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Forty percent (40%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-27(a)(1-4); INL#314-27(b)(1-3); INL#314-27(c)(1-6))
6.4 R-3: RESIDENTIAL MULTIPLE FAMILY ZONE ¶
The Residential Multiple Family or R-3 Zone is intended to apply in areas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
eas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | R-3: RESIDENTIAL MULTIPLE FAMILY | |
|---|---|---|---|
| Principal Permitted Uses | |||
| Two(2)familydwellings.(Amended byOrd. | 2166, 4/7/98) |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| Accessorydwellingunit. | |||
| Dwelling groups and multiple dwellings containing four (4) or fewer units per building. |
|||
| Tiny house villages and dependent unit villages with connection to public water and wastewater. |
|||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
|||
| Emergencydependent unit villages. | |||
| Keepingof no more than two(2)householdpets for each dwellingunit. | |||
| Emergencyshelters. | |||
| Single-room occupancyfacilities. | |||
| Uses Permitted With a Special Permit | |||
| Tiny house villages and dependent unit villages without connection to public water and wastewater. |
|||
| Uses Permitted With a Use Permit | |||
| Hotels, motels, manufactured home parks, and rooming and boarding houses. (Amended byOrd. 2335,12/14/04) |
|||
| Alternative lodgeparks. | |||
| Private institutions. | |||
| Professional offices. | |||
| One (1) family dwellings and accessory dwelling units where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with Countyrequirements.(Added byOrd. 2166,Sec. 12, 4/7/98) |
|||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-3Zone. |
|||
| Other Regulations | |||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
||
| Minimum Lot Width | Fiftyfeet(50'). | ||
| Maximum Lot Depth | Three(3)times lot width. | ||
| Minimum Yard Setbacks ***** |
|||
| Front | Twentyfeet(20'). | ||
| Rear | Ten feet(10'). | ||
| Interior Side | Five feet(5'). | ||
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25) from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| questionable cases, the Public Works Director shall classifythe subject street.) |
|||
| Double | Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
|
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten (10) feet. (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | ||
| Maximum Building Height |
Forty-five feet (45'). | ||
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
||
| Design Considerations (Advisory only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-30(a)(1-3); INL#314-30(b)(1-4); INL#314-30(c)(1-7; Amended by Ord. 2166, 4/7/98)
6.5 R-4: APARTMENT PROFESSIONAL ZONE ¶
The Apartment Professional or R-4 Zone is intended to apply in areas suitable for higher density residential uses and for professional and business offices and institutional uses. The following regulations shall apply in all Apartment Professional or R-4 Zones. (Former Section INL#314-31; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 13, 9/13/88; Amended by Ord. 1876, Sec. 8, 9/26/89; Amended by Ord. 2166, Sec. 13, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-6.5 R-4: APARTMENT PROFESSIONAL
Principal Permitted Uses
Two (2) family dwellings and multiple dwellings, accessory dwelling units accessory to multifamily dwellings, and dwelling groups. (Amended by Ord. 2166, Sec. 13, 4/7/98)
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone.
Professional and business offices.
Commercial instruction.
Boarding and rooming houses.
Keeping of no more than two (2) household pets for each dwelling unit.
Manufactured home parks.
Single-room occupancy facilities.
Uses Permitted With a Special Permit
Tiny house villages and dependent unit villages without connection to public water and wastewater.
Uses Permitted With a Use Permit
Hotels, motels and emergency shelters. (Amended by Ord. 2335, 12/14/04)
314-6.5 R-4: APARTMENT PROFESSIONAL
Alternative lodge parks.
Private institutions.
Social halls and fraternal and social organizations.
Noncommercial recreation facilities.
Mortuaries.
Small animal hospitals completely enclosed within a building.
One (1) family dwellings where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements. (Added by Ord. 2166, Sec. 13, 4/7/98)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-4 Zone.
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
|---|---|---|
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
|
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Ten(10)feet. | |
| Interior Side | Five(5)feet. | |
| Exterior Side | Same as front or one-half (l/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty (20 feet, except the rear yard setbacks may be reduced to ten (10) feet where such yard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten feet (10'). (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | |
| Maximum Building Height |
Forty-five feet (45'). | |
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
|
| Design Considerations (Advisory Only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-31(a)(1-6); INL#314-31(b)(1-7); INL#314-31(c))
6.6 RA: RURAL RESIDENTIAL AGRICULTURE ¶
Principal Permitted Uses. The following use types are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. (Former Section INL#314-20; Added by Ord. 2205, Sec. 1, 4/11/00)
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Residential Use Types | Single-Family Residential Accessory Dwelling Unit (Amended by Ord. 4/7/98) |
2167,Sec. 16, |
| Civic Use Types | Minor Utilities | |
| Agricultural Use Types | General Agriculture | |
| Industrial Use Types | Cottage Industry; subject to the Cottage Industry Regulations (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Recreation |
|
| Agricultural Use Types | Stables and Kennels Intensive Agriculture |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | |
| --- | --- | |
| Commercial Timber Use Type |
Timber Production | |
| Extractive Use Type | Surface Mining– 2;subject to the Surface MiningRegulations | |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone. |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| Development Standards | ||
| Minimum Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width |
| RA-1 | 1.0 acre | 150 feet |
| RA-2 | 2.0 acres | 175feet |
| RA-2.5 | 2.5acres | 175feet |
| RA-5 | 5.0 acres | 250 feet |
| RA-10 | 10.0 acres | 350 feet |
| RA-20 | 20.0 acres | 475feet |
| RA-40 | 40.0 acres | 750 feet |
| Maximum Lot Depth | Four(4)times the lot width. | |
| Maximum Density | Either one (1) dwelling unit per lawfully created lot or two (2) dwelling units per lawfully created lot if a Special Permit is secured for a second residential unit. (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Minimum Yard Setbacks ***** |
Minimum Lot Size Less Than 2.5 Acres |
Minimum Lot Size 2.5 Acres or Greater |
| Front | Twenty (20) feet | Twenty (20) feet; thirty (30)feet for flaglots |
| Rear | Ten(10)feet | Thirty (30)feet |
| Interior Side | Five(5)feet | Thirty (30)feet |
| Exterior Side | Twenty (20)feet | Thirty (30)feet |
| Flag Lots | The Director, in consultation with the Public Works Department, shall establish the minimum |
The Director, in consultation with the Public Works Department, shall establish the minimum |
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| yard that is required for vehicular turnaround on the lot. |
yard that is required for vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
| Maximum Ground Coverage |
Thirty-five percent (35%) | |
| Maximum Structure Height |
Thirty-five (35) feet | |
| Permitted Main Building Types |
Residential Single Detached Limited Mixed Residential – Nonresidential Nonresidential Detached or Multiple/Group |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G - Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
(From Sections CZ#A313-17(A)(1-4); CZ#A313-17(B)(1-7); CZ#A313-17(C)(1-6); Amended by Ord. 2167, Sec. 16, 4/7/98) (Ord. 2678, § 4, 7/13/2021; Ord. 2693, § 9, 6/7/2022; Ord. 2721, § 7, 7/11/2023; Ord. 2732, § 7, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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6.1 RS: RESIDENTIAL SUBURBAN ZONE ¶
The Residential Suburban or RS Zone is intended to be applied in areas of the County which are particularly suited to large-lot development. The following regulations shall apply in all Residential Suburban or RS Zones. (Former Section INL#314-21; Ord. 1057, Sec. 3, 12/8/75; Amended by Ord. 1738, Sec. 1, 5/20/86; Amended by Ord. 1848, Sec. 9, 9/13/88; Amended by Ord. 1876 Sec. 4, 9/26/89)
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings. | |
| Accessorydwellingunit. | ||
| Servants’quarters andguest houses. | ||
| Keepingof no more than eight(8)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Private institutions. | ||
| Private recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the RS Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | One acre(1a). | |
| Minimum Lot Width |
One hundred twenty-five feet (125'). | |
| Minimum Lot Depth |
One hundred ten feet (110'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25')t from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley. |
|
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
| --- | --- | --- |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five feet (35'). | |
| * Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11. Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6)) RESIDENTIAL ONE-FAMILY ZONE idential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities a ervices make the area suitable and desirable for low density residential development. The following regulations shall ap ential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235,Sec. 1, 6/13/78; Amended by Ord. 1738,Sec. ; Amended by Ord. 1848,Sec. 10, 9/13/88; Amended by Ord. 1876,Sec. 5, 9/26/89) |
||
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY | |
| Principal Permitted Uses | ||
| One(1)familydwelling. | ||
| Accessorydwellingunit. | ||
| Single-unit supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not over two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Public andprivate noncommercial recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-1 Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). |
(Former Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6))
6.2 R-1: RESIDENTIAL ONE-FAMILY ZONE ¶
The Residential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities and public services make the area suitable and desirable for low density residential development. The following regulations shall apply in all Residential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235, Sec. 1, 6/13/78; Amended by Ord. 1738, Sec. 2, 5/20/86; Amended by Ord. 1848, Sec. 10, 9/13/88; Amended by Ord. 1876, Sec. 5, 9/26/89)
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY |
|---|---|
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-24(a)(1-3); INL#314-24(b)(1-3); INL#314-24(c)(1-6))
6.3 R-2: RESIDENTIAL TWO-FAMILY ZONE ¶
The Residential Two-Family or R-2 Zone is intended to be allowed in areas of the County close to urban centers where all utilities and services are available and where an increased density is appropriate on each building site. The following regulations shall apply in all Residential Two-Family or R-2 Zones. (Former Section INL#314-27; Ord. 1057, Sec. 5, 12/8/75: Amended by Ord. 1738, Sec. 3, 5/20/86; Amended by Ord. 1848, Sec. 11, 9/13/88; Amended by Ord. 1876, Sec. 6, 9/26/89)
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1)familydwellings. | ||
| Two(2)familydwellings. | ||
| Accessorydwellingunit. | ||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets for each dwellingunit. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Private institutions. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
314-6.3
R-2: RESIDENTIAL TWO-FAMILY
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-2 Zone.
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY |
|---|---|
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-2 Zone. |
|
| Other Regulations | |
| Minimum Lot Area | 5,000 square feet. |
| Minimum Lot Width |
Fifty feet (50'). |
| Maximum Lot Depth |
Three (3) times lot width. |
| Minimum Yard Setbacks ***** |
|
| Front | Twentyfeet(20'). |
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Forty percent (40%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-27(a)(1-4); INL#314-27(b)(1-3); INL#314-27(c)(1-6))
6.4 R-3: RESIDENTIAL MULTIPLE FAMILY ZONE ¶
The Residential Multiple Family or R-3 Zone is intended to apply in areas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
eas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | R-3: RESIDENTIAL MULTIPLE FAMILY | |
|---|---|---|---|
| Principal Permitted Uses | |||
| Two(2)familydwellings.(Amended byOrd. | 2166, 4/7/98) |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| Accessorydwellingunit. | |||
| Dwelling groups and multiple dwellings containing four (4) or fewer units per building. |
|||
| Tiny house villages and dependent unit villages with connection to public water and wastewater. |
|||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
|||
| Emergencydependent unit villages. | |||
| Keepingof no more than two(2)householdpets for each dwellingunit. | |||
| Emergencyshelters. | |||
| Single-room occupancyfacilities. | |||
| Uses Permitted With a Special Permit | |||
| Tiny house villages and dependent unit villages without connection to public water and wastewater. |
|||
| Uses Permitted With a Use Permit | |||
| Hotels, motels, manufactured home parks, and rooming and boarding houses. (Amended byOrd. 2335,12/14/04) |
|||
| Alternative lodgeparks. | |||
| Private institutions. | |||
| Professional offices. | |||
| One (1) family dwellings and accessory dwelling units where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with Countyrequirements.(Added byOrd. 2166,Sec. 12, 4/7/98) |
|||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-3Zone. |
|||
| Other Regulations | |||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
||
| Minimum Lot Width | Fiftyfeet(50'). | ||
| Maximum Lot Depth | Three(3)times lot width. | ||
| Minimum Yard Setbacks ***** |
|||
| Front | Twentyfeet(20'). | ||
| Rear | Ten feet(10'). | ||
| Interior Side | Five feet(5'). | ||
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25) from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| questionable cases, the Public Works Director shall classifythe subject street.) |
|||
| Double | Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
|
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten (10) feet. (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | ||
| Maximum Building Height |
Forty-five feet (45'). | ||
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
||
| Design Considerations (Advisory only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-30(a)(1-3); INL#314-30(b)(1-4); INL#314-30(c)(1-7; Amended by Ord. 2166, 4/7/98)
6.5 R-4: APARTMENT PROFESSIONAL ZONE ¶
The Apartment Professional or R-4 Zone is intended to apply in areas suitable for higher density residential uses and for professional and business offices and institutional uses. The following regulations shall apply in all Apartment Professional or R-4 Zones. (Former Section INL#314-31; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 13, 9/13/88; Amended by Ord. 1876, Sec. 8, 9/26/89; Amended by Ord. 2166, Sec. 13, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-6.5 R-4: APARTMENT PROFESSIONAL
Principal Permitted Uses
Two (2) family dwellings and multiple dwellings, accessory dwelling units accessory to multifamily dwellings, and dwelling groups. (Amended by Ord. 2166, Sec. 13, 4/7/98)
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone.
Professional and business offices.
Commercial instruction.
Boarding and rooming houses.
Keeping of no more than two (2) household pets for each dwelling unit.
Manufactured home parks.
Single-room occupancy facilities.
Uses Permitted With a Special Permit
Tiny house villages and dependent unit villages without connection to public water and wastewater.
Uses Permitted With a Use Permit
Hotels, motels and emergency shelters. (Amended by Ord. 2335, 12/14/04)
314-6.5 R-4: APARTMENT PROFESSIONAL
Alternative lodge parks.
Private institutions.
Social halls and fraternal and social organizations.
Noncommercial recreation facilities.
Mortuaries.
Small animal hospitals completely enclosed within a building.
One (1) family dwellings where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements. (Added by Ord. 2166, Sec. 13, 4/7/98)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-4 Zone.
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
|---|---|---|
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
|
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Ten(10)feet. | |
| Interior Side | Five(5)feet. | |
| Exterior Side | Same as front or one-half (l/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty (20 feet, except the rear yard setbacks may be reduced to ten (10) feet where such yard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten feet (10'). (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | |
| Maximum Building Height |
Forty-five feet (45'). | |
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
|
| Design Considerations (Advisory Only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-31(a)(1-6); INL#314-31(b)(1-7); INL#314-31(c))
6.6 RA: RURAL RESIDENTIAL AGRICULTURE ¶
Principal Permitted Uses. The following use types are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. (Former Section INL#314-20; Added by Ord. 2205, Sec. 1, 4/11/00)
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Residential Use Types | Single-Family Residential Accessory Dwelling Unit (Amended by Ord. 4/7/98) |
2167,Sec. 16, |
| Civic Use Types | Minor Utilities | |
| Agricultural Use Types | General Agriculture | |
| Industrial Use Types | Cottage Industry; subject to the Cottage Industry Regulations (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Recreation |
|
| Agricultural Use Types | Stables and Kennels Intensive Agriculture |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | |
| --- | --- | |
| Commercial Timber Use Type |
Timber Production | |
| Extractive Use Type | Surface Mining– 2;subject to the Surface MiningRegulations | |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone. |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| Development Standards | ||
| Minimum Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width |
| RA-1 | 1.0 acre | 150 feet |
| RA-2 | 2.0 acres | 175feet |
| RA-2.5 | 2.5acres | 175feet |
| RA-5 | 5.0 acres | 250 feet |
| RA-10 | 10.0 acres | 350 feet |
| RA-20 | 20.0 acres | 475feet |
| RA-40 | 40.0 acres | 750 feet |
| Maximum Lot Depth | Four(4)times the lot width. | |
| Maximum Density | Either one (1) dwelling unit per lawfully created lot or two (2) dwelling units per lawfully created lot if a Special Permit is secured for a second residential unit. (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Minimum Yard Setbacks ***** |
Minimum Lot Size Less Than 2.5 Acres |
Minimum Lot Size 2.5 Acres or Greater |
| Front | Twenty (20) feet | Twenty (20) feet; thirty (30)feet for flaglots |
| Rear | Ten(10)feet | Thirty (30)feet |
| Interior Side | Five(5)feet | Thirty (30)feet |
| Exterior Side | Twenty (20)feet | Thirty (30)feet |
| Flag Lots | The Director, in consultation with the Public Works Department, shall establish the minimum |
The Director, in consultation with the Public Works Department, shall establish the minimum |
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| yard that is required for vehicular turnaround on the lot. |
yard that is required for vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
| Maximum Ground Coverage |
Thirty-five percent (35%) | |
| Maximum Structure Height |
Thirty-five (35) feet | |
| Permitted Main Building Types |
Residential Single Detached Limited Mixed Residential – Nonresidential Nonresidential Detached or Multiple/Group |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G - Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
(From Sections CZ#A313-17(A)(1-4); CZ#A313-17(B)(1-7); CZ#A313-17(C)(1-6); Amended by Ord. 2167, Sec. 16, 4/7/98) (Ord. 2678, § 4, 7/13/2021; Ord. 2693, § 9, 6/7/2022; Ord. 2721, § 7, 7/11/2023; Ord. 2732, § 7, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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6.1 RS: RESIDENTIAL SUBURBAN ZONE ¶
The Residential Suburban or RS Zone is intended to be applied in areas of the County which are particularly suited to large-lot development. The following regulations shall apply in all Residential Suburban or RS Zones. (Former Section INL#314-21; Ord. 1057, Sec. 3, 12/8/75; Amended by Ord. 1738, Sec. 1, 5/20/86; Amended by Ord. 1848, Sec. 9, 9/13/88; Amended by Ord. 1876 Sec. 4, 9/26/89)
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings. | |
| Accessorydwellingunit. | ||
| Servants’quarters andguest houses. | ||
| Keepingof no more than eight(8)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Private institutions. | ||
| Private recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the RS Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | One acre(1a). | |
| Minimum Lot Width |
One hundred twenty-five feet (125'). | |
| Minimum Lot Depth |
One hundred ten feet (110'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25')t from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley. |
|
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
| --- | --- | --- |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five feet (35'). | |
| * Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11. Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6)) RESIDENTIAL ONE-FAMILY ZONE idential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities a ervices make the area suitable and desirable for low density residential development. The following regulations shall ap ential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235,Sec. 1, 6/13/78; Amended by Ord. 1738,Sec. ; Amended by Ord. 1848,Sec. 10, 9/13/88; Amended by Ord. 1876,Sec. 5, 9/26/89) |
||
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY | |
| Principal Permitted Uses | ||
| One(1)familydwelling. | ||
| Accessorydwellingunit. | ||
| Single-unit supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not over two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Public andprivate noncommercial recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-1 Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). |
(Former Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6))
6.2 R-1: RESIDENTIAL ONE-FAMILY ZONE ¶
The Residential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities and public services make the area suitable and desirable for low density residential development. The following regulations shall apply in all Residential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235, Sec. 1, 6/13/78; Amended by Ord. 1738, Sec. 2, 5/20/86; Amended by Ord. 1848, Sec. 10, 9/13/88; Amended by Ord. 1876, Sec. 5, 9/26/89)
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY |
|---|---|
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-24(a)(1-3); INL#314-24(b)(1-3); INL#314-24(c)(1-6))
6.3 R-2: RESIDENTIAL TWO-FAMILY ZONE ¶
The Residential Two-Family or R-2 Zone is intended to be allowed in areas of the County close to urban centers where all utilities and services are available and where an increased density is appropriate on each building site. The following regulations shall apply in all Residential Two-Family or R-2 Zones. (Former Section INL#314-27; Ord. 1057, Sec. 5, 12/8/75: Amended by Ord. 1738, Sec. 3, 5/20/86; Amended by Ord. 1848, Sec. 11, 9/13/88; Amended by Ord. 1876, Sec. 6, 9/26/89)
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1)familydwellings. | ||
| Two(2)familydwellings. | ||
| Accessorydwellingunit. | ||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets for each dwellingunit. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Private institutions. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
314-6.3
R-2: RESIDENTIAL TWO-FAMILY
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-2 Zone.
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY |
|---|---|
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-2 Zone. |
|
| Other Regulations | |
| Minimum Lot Area | 5,000 square feet. |
| Minimum Lot Width |
Fifty feet (50'). |
| Maximum Lot Depth |
Three (3) times lot width. |
| Minimum Yard Setbacks ***** |
|
| Front | Twentyfeet(20'). |
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Forty percent (40%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-27(a)(1-4); INL#314-27(b)(1-3); INL#314-27(c)(1-6))
6.4 R-3: RESIDENTIAL MULTIPLE FAMILY ZONE ¶
The Residential Multiple Family or R-3 Zone is intended to apply in areas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
eas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | R-3: RESIDENTIAL MULTIPLE FAMILY | |
|---|---|---|---|
| Principal Permitted Uses | |||
| Two(2)familydwellings.(Amended byOrd. | 2166, 4/7/98) |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| Accessorydwellingunit. | |||
| Dwelling groups and multiple dwellings containing four (4) or fewer units per building. |
|||
| Tiny house villages and dependent unit villages with connection to public water and wastewater. |
|||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
|||
| Emergencydependent unit villages. | |||
| Keepingof no more than two(2)householdpets for each dwellingunit. | |||
| Emergencyshelters. | |||
| Single-room occupancyfacilities. | |||
| Uses Permitted With a Special Permit | |||
| Tiny house villages and dependent unit villages without connection to public water and wastewater. |
|||
| Uses Permitted With a Use Permit | |||
| Hotels, motels, manufactured home parks, and rooming and boarding houses. (Amended byOrd. 2335,12/14/04) |
|||
| Alternative lodgeparks. | |||
| Private institutions. | |||
| Professional offices. | |||
| One (1) family dwellings and accessory dwelling units where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with Countyrequirements.(Added byOrd. 2166,Sec. 12, 4/7/98) |
|||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-3Zone. |
|||
| Other Regulations | |||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
||
| Minimum Lot Width | Fiftyfeet(50'). | ||
| Maximum Lot Depth | Three(3)times lot width. | ||
| Minimum Yard Setbacks ***** |
|||
| Front | Twentyfeet(20'). | ||
| Rear | Ten feet(10'). | ||
| Interior Side | Five feet(5'). | ||
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25) from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| questionable cases, the Public Works Director shall classifythe subject street.) |
|||
| Double | Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
|
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten (10) feet. (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | ||
| Maximum Building Height |
Forty-five feet (45'). | ||
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
||
| Design Considerations (Advisory only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-30(a)(1-3); INL#314-30(b)(1-4); INL#314-30(c)(1-7; Amended by Ord. 2166, 4/7/98)
6.5 R-4: APARTMENT PROFESSIONAL ZONE ¶
The Apartment Professional or R-4 Zone is intended to apply in areas suitable for higher density residential uses and for professional and business offices and institutional uses. The following regulations shall apply in all Apartment Professional or R-4 Zones. (Former Section INL#314-31; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 13, 9/13/88; Amended by Ord. 1876, Sec. 8, 9/26/89; Amended by Ord. 2166, Sec. 13, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-6.5 R-4: APARTMENT PROFESSIONAL
Principal Permitted Uses
Two (2) family dwellings and multiple dwellings, accessory dwelling units accessory to multifamily dwellings, and dwelling groups. (Amended by Ord. 2166, Sec. 13, 4/7/98)
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone.
Professional and business offices.
Commercial instruction.
Boarding and rooming houses.
Keeping of no more than two (2) household pets for each dwelling unit.
Manufactured home parks.
Single-room occupancy facilities.
Uses Permitted With a Special Permit
Tiny house villages and dependent unit villages without connection to public water and wastewater.
Uses Permitted With a Use Permit
Hotels, motels and emergency shelters. (Amended by Ord. 2335, 12/14/04)
314-6.5 R-4: APARTMENT PROFESSIONAL
Alternative lodge parks.
Private institutions.
Social halls and fraternal and social organizations.
Noncommercial recreation facilities.
Mortuaries.
Small animal hospitals completely enclosed within a building.
One (1) family dwellings where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements. (Added by Ord. 2166, Sec. 13, 4/7/98)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-4 Zone.
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
|---|---|---|
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
|
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Ten(10)feet. | |
| Interior Side | Five(5)feet. | |
| Exterior Side | Same as front or one-half (l/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty (20 feet, except the rear yard setbacks may be reduced to ten (10) feet where such yard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten feet (10'). (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | |
| Maximum Building Height |
Forty-five feet (45'). | |
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
|
| Design Considerations (Advisory Only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-31(a)(1-6); INL#314-31(b)(1-7); INL#314-31(c))
6.6 RA: RURAL RESIDENTIAL AGRICULTURE ¶
Principal Permitted Uses. The following use types are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. (Former Section INL#314-20; Added by Ord. 2205, Sec. 1, 4/11/00)
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Residential Use Types | Single-Family Residential Accessory Dwelling Unit (Amended by Ord. 4/7/98) |
2167,Sec. 16, |
| Civic Use Types | Minor Utilities | |
| Agricultural Use Types | General Agriculture | |
| Industrial Use Types | Cottage Industry; subject to the Cottage Industry Regulations (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Recreation |
|
| Agricultural Use Types | Stables and Kennels Intensive Agriculture |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | |
| --- | --- | |
| Commercial Timber Use Type |
Timber Production | |
| Extractive Use Type | Surface Mining– 2;subject to the Surface MiningRegulations | |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone. |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| Development Standards | ||
| Minimum Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width |
| RA-1 | 1.0 acre | 150 feet |
| RA-2 | 2.0 acres | 175feet |
| RA-2.5 | 2.5acres | 175feet |
| RA-5 | 5.0 acres | 250 feet |
| RA-10 | 10.0 acres | 350 feet |
| RA-20 | 20.0 acres | 475feet |
| RA-40 | 40.0 acres | 750 feet |
| Maximum Lot Depth | Four(4)times the lot width. | |
| Maximum Density | Either one (1) dwelling unit per lawfully created lot or two (2) dwelling units per lawfully created lot if a Special Permit is secured for a second residential unit. (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Minimum Yard Setbacks ***** |
Minimum Lot Size Less Than 2.5 Acres |
Minimum Lot Size 2.5 Acres or Greater |
| Front | Twenty (20) feet | Twenty (20) feet; thirty (30)feet for flaglots |
| Rear | Ten(10)feet | Thirty (30)feet |
| Interior Side | Five(5)feet | Thirty (30)feet |
| Exterior Side | Twenty (20)feet | Thirty (30)feet |
| Flag Lots | The Director, in consultation with the Public Works Department, shall establish the minimum |
The Director, in consultation with the Public Works Department, shall establish the minimum |
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| yard that is required for vehicular turnaround on the lot. |
yard that is required for vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
| Maximum Ground Coverage |
Thirty-five percent (35%) | |
| Maximum Structure Height |
Thirty-five (35) feet | |
| Permitted Main Building Types |
Residential Single Detached Limited Mixed Residential – Nonresidential Nonresidential Detached or Multiple/Group |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G - Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
(From Sections CZ#A313-17(A)(1-4); CZ#A313-17(B)(1-7); CZ#A313-17(C)(1-6); Amended by Ord. 2167, Sec. 16, 4/7/98) (Ord. 2678, § 4, 7/13/2021; Ord. 2693, § 9, 6/7/2022; Ord. 2721, § 7, 7/11/2023; Ord. 2732, § 7, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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6.1 RS: RESIDENTIAL SUBURBAN ZONE ¶
The Residential Suburban or RS Zone is intended to be applied in areas of the County which are particularly suited to large-lot development. The following regulations shall apply in all Residential Suburban or RS Zones. (Former Section INL#314-21; Ord. 1057, Sec. 3, 12/8/75; Amended by Ord. 1738, Sec. 1, 5/20/86; Amended by Ord. 1848, Sec. 9, 9/13/88; Amended by Ord. 1876 Sec. 4, 9/26/89)
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings. | |
| Accessorydwellingunit. | ||
| Servants’quarters andguest houses. | ||
| Keepingof no more than eight(8)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Private institutions. | ||
| Private recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the RS Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | One acre(1a). | |
| Minimum Lot Width |
One hundred twenty-five feet (125'). | |
| Minimum Lot Depth |
One hundred ten feet (110'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25')t from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley. |
|
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
| --- | --- | --- |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five feet (35'). | |
| * Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11. Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6)) RESIDENTIAL ONE-FAMILY ZONE idential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities a ervices make the area suitable and desirable for low density residential development. The following regulations shall ap ential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235,Sec. 1, 6/13/78; Amended by Ord. 1738,Sec. ; Amended by Ord. 1848,Sec. 10, 9/13/88; Amended by Ord. 1876,Sec. 5, 9/26/89) |
||
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY | |
| Principal Permitted Uses | ||
| One(1)familydwelling. | ||
| Accessorydwellingunit. | ||
| Single-unit supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not over two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Public andprivate noncommercial recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-1 Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). |
(Former Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6))
6.2 R-1: RESIDENTIAL ONE-FAMILY ZONE ¶
The Residential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities and public services make the area suitable and desirable for low density residential development. The following regulations shall apply in all Residential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235, Sec. 1, 6/13/78; Amended by Ord. 1738, Sec. 2, 5/20/86; Amended by Ord. 1848, Sec. 10, 9/13/88; Amended by Ord. 1876, Sec. 5, 9/26/89)
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY |
|---|---|
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-24(a)(1-3); INL#314-24(b)(1-3); INL#314-24(c)(1-6))
6.3 R-2: RESIDENTIAL TWO-FAMILY ZONE ¶
The Residential Two-Family or R-2 Zone is intended to be allowed in areas of the County close to urban centers where all utilities and services are available and where an increased density is appropriate on each building site. The following regulations shall apply in all Residential Two-Family or R-2 Zones. (Former Section INL#314-27; Ord. 1057, Sec. 5, 12/8/75: Amended by Ord. 1738, Sec. 3, 5/20/86; Amended by Ord. 1848, Sec. 11, 9/13/88; Amended by Ord. 1876, Sec. 6, 9/26/89)
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1)familydwellings. | ||
| Two(2)familydwellings. | ||
| Accessorydwellingunit. | ||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets for each dwellingunit. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Private institutions. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
314-6.3
R-2: RESIDENTIAL TWO-FAMILY
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-2 Zone.
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY |
|---|---|
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-2 Zone. |
|
| Other Regulations | |
| Minimum Lot Area | 5,000 square feet. |
| Minimum Lot Width |
Fifty feet (50'). |
| Maximum Lot Depth |
Three (3) times lot width. |
| Minimum Yard Setbacks ***** |
|
| Front | Twentyfeet(20'). |
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Forty percent (40%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-27(a)(1-4); INL#314-27(b)(1-3); INL#314-27(c)(1-6))
6.4 R-3: RESIDENTIAL MULTIPLE FAMILY ZONE ¶
The Residential Multiple Family or R-3 Zone is intended to apply in areas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
eas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | R-3: RESIDENTIAL MULTIPLE FAMILY | |
|---|---|---|---|
| Principal Permitted Uses | |||
| Two(2)familydwellings.(Amended byOrd. | 2166, 4/7/98) |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| Accessorydwellingunit. | |||
| Dwelling groups and multiple dwellings containing four (4) or fewer units per building. |
|||
| Tiny house villages and dependent unit villages with connection to public water and wastewater. |
|||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
|||
| Emergencydependent unit villages. | |||
| Keepingof no more than two(2)householdpets for each dwellingunit. | |||
| Emergencyshelters. | |||
| Single-room occupancyfacilities. | |||
| Uses Permitted With a Special Permit | |||
| Tiny house villages and dependent unit villages without connection to public water and wastewater. |
|||
| Uses Permitted With a Use Permit | |||
| Hotels, motels, manufactured home parks, and rooming and boarding houses. (Amended byOrd. 2335,12/14/04) |
|||
| Alternative lodgeparks. | |||
| Private institutions. | |||
| Professional offices. | |||
| One (1) family dwellings and accessory dwelling units where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with Countyrequirements.(Added byOrd. 2166,Sec. 12, 4/7/98) |
|||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-3Zone. |
|||
| Other Regulations | |||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
||
| Minimum Lot Width | Fiftyfeet(50'). | ||
| Maximum Lot Depth | Three(3)times lot width. | ||
| Minimum Yard Setbacks ***** |
|||
| Front | Twentyfeet(20'). | ||
| Rear | Ten feet(10'). | ||
| Interior Side | Five feet(5'). | ||
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25) from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| questionable cases, the Public Works Director shall classifythe subject street.) |
|||
| Double | Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
|
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten (10) feet. (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | ||
| Maximum Building Height |
Forty-five feet (45'). | ||
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
||
| Design Considerations (Advisory only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-30(a)(1-3); INL#314-30(b)(1-4); INL#314-30(c)(1-7; Amended by Ord. 2166, 4/7/98)
6.5 R-4: APARTMENT PROFESSIONAL ZONE ¶
The Apartment Professional or R-4 Zone is intended to apply in areas suitable for higher density residential uses and for professional and business offices and institutional uses. The following regulations shall apply in all Apartment Professional or R-4 Zones. (Former Section INL#314-31; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 13, 9/13/88; Amended by Ord. 1876, Sec. 8, 9/26/89; Amended by Ord. 2166, Sec. 13, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-6.5 R-4: APARTMENT PROFESSIONAL
Principal Permitted Uses
Two (2) family dwellings and multiple dwellings, accessory dwelling units accessory to multifamily dwellings, and dwelling groups. (Amended by Ord. 2166, Sec. 13, 4/7/98)
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone.
Professional and business offices.
Commercial instruction.
Boarding and rooming houses.
Keeping of no more than two (2) household pets for each dwelling unit.
Manufactured home parks.
Single-room occupancy facilities.
Uses Permitted With a Special Permit
Tiny house villages and dependent unit villages without connection to public water and wastewater.
Uses Permitted With a Use Permit
Hotels, motels and emergency shelters. (Amended by Ord. 2335, 12/14/04)
314-6.5 R-4: APARTMENT PROFESSIONAL
Alternative lodge parks.
Private institutions.
Social halls and fraternal and social organizations.
Noncommercial recreation facilities.
Mortuaries.
Small animal hospitals completely enclosed within a building.
One (1) family dwellings where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements. (Added by Ord. 2166, Sec. 13, 4/7/98)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-4 Zone.
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
|---|---|---|
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
|
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Ten(10)feet. | |
| Interior Side | Five(5)feet. | |
| Exterior Side | Same as front or one-half (l/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty (20 feet, except the rear yard setbacks may be reduced to ten (10) feet where such yard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten feet (10'). (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | |
| Maximum Building Height |
Forty-five feet (45'). | |
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
|
| Design Considerations (Advisory Only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-31(a)(1-6); INL#314-31(b)(1-7); INL#314-31(c))
6.6 RA: RURAL RESIDENTIAL AGRICULTURE ¶
Principal Permitted Uses. The following use types are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. (Former Section INL#314-20; Added by Ord. 2205, Sec. 1, 4/11/00)
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Residential Use Types | Single-Family Residential Accessory Dwelling Unit (Amended by Ord. 4/7/98) |
2167,Sec. 16, |
| Civic Use Types | Minor Utilities | |
| Agricultural Use Types | General Agriculture | |
| Industrial Use Types | Cottage Industry; subject to the Cottage Industry Regulations (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Recreation |
|
| Agricultural Use Types | Stables and Kennels Intensive Agriculture |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | |
| --- | --- | |
| Commercial Timber Use Type |
Timber Production | |
| Extractive Use Type | Surface Mining– 2;subject to the Surface MiningRegulations | |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone. |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| Development Standards | ||
| Minimum Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width |
| RA-1 | 1.0 acre | 150 feet |
| RA-2 | 2.0 acres | 175feet |
| RA-2.5 | 2.5acres | 175feet |
| RA-5 | 5.0 acres | 250 feet |
| RA-10 | 10.0 acres | 350 feet |
| RA-20 | 20.0 acres | 475feet |
| RA-40 | 40.0 acres | 750 feet |
| Maximum Lot Depth | Four(4)times the lot width. | |
| Maximum Density | Either one (1) dwelling unit per lawfully created lot or two (2) dwelling units per lawfully created lot if a Special Permit is secured for a second residential unit. (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Minimum Yard Setbacks ***** |
Minimum Lot Size Less Than 2.5 Acres |
Minimum Lot Size 2.5 Acres or Greater |
| Front | Twenty (20) feet | Twenty (20) feet; thirty (30)feet for flaglots |
| Rear | Ten(10)feet | Thirty (30)feet |
| Interior Side | Five(5)feet | Thirty (30)feet |
| Exterior Side | Twenty (20)feet | Thirty (30)feet |
| Flag Lots | The Director, in consultation with the Public Works Department, shall establish the minimum |
The Director, in consultation with the Public Works Department, shall establish the minimum |
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| yard that is required for vehicular turnaround on the lot. |
yard that is required for vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
| Maximum Ground Coverage |
Thirty-five percent (35%) | |
| Maximum Structure Height |
Thirty-five (35) feet | |
| Permitted Main Building Types |
Residential Single Detached Limited Mixed Residential – Nonresidential Nonresidential Detached or Multiple/Group |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G - Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
(From Sections CZ#A313-17(A)(1-4); CZ#A313-17(B)(1-7); CZ#A313-17(C)(1-6); Amended by Ord. 2167, Sec. 16, 4/7/98) (Ord. 2678, § 4, 7/13/2021; Ord. 2693, § 9, 6/7/2022; Ord. 2721, § 7, 7/11/2023; Ord. 2732, § 7, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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6.1 RS: RESIDENTIAL SUBURBAN ZONE ¶
The Residential Suburban or RS Zone is intended to be applied in areas of the County which are particularly suited to large-lot development. The following regulations shall apply in all Residential Suburban or RS Zones. (Former Section INL#314-21; Ord. 1057, Sec. 3, 12/8/75; Amended by Ord. 1738, Sec. 1, 5/20/86; Amended by Ord. 1848, Sec. 9, 9/13/88; Amended by Ord. 1876 Sec. 4, 9/26/89)
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings. | |
| Accessorydwellingunit. | ||
| Servants’quarters andguest houses. | ||
| Keepingof no more than eight(8)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Private institutions. | ||
| Private recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the RS Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | One acre(1a). | |
| Minimum Lot Width |
One hundred twenty-five feet (125'). | |
| Minimum Lot Depth |
One hundred ten feet (110'). | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). | |
| Rear | Ten feet(10'). | |
| Interior Side | Five feet(5'). | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25')t from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setback may be reduced to ten feet (10') where such yard abuts an alley. |
|
| 314-6.1 | RS: RESIDENTIAL SUBURBAN | |
| --- | --- | --- |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five feet (35'). | |
| * Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11. Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6)) RESIDENTIAL ONE-FAMILY ZONE idential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities a ervices make the area suitable and desirable for low density residential development. The following regulations shall ap ential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235,Sec. 1, 6/13/78; Amended by Ord. 1738,Sec. ; Amended by Ord. 1848,Sec. 10, 9/13/88; Amended by Ord. 1876,Sec. 5, 9/26/89) |
||
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY | |
| Principal Permitted Uses | ||
| One(1)familydwelling. | ||
| Accessorydwellingunit. | ||
| Single-unit supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not over two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets on each lot. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Public andprivate noncommercial recreation facilities,including golf courses. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-1 Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet. | |
| Minimum Lot Width |
Fifty feet (50'). | |
| Maximum Lot Depth |
Three (3) times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twentyfeet(20'). |
(Former Section INL#314-21(a)(1-3); INL#314-21(b)(1-3); INL#314-21(c)(1-6))
6.2 R-1: RESIDENTIAL ONE-FAMILY ZONE ¶
The Residential One-Family or R-l Zone is intended to be applied in areas of the County in which topography, access, utilities and public services make the area suitable and desirable for low density residential development. The following regulations shall apply in all Residential One-Family or R-l Zones. (Former Section INL#314-24; Ord. 1235, Sec. 1, 6/13/78; Amended by Ord. 1738, Sec. 2, 5/20/86; Amended by Ord. 1848, Sec. 10, 9/13/88; Amended by Ord. 1876, Sec. 5, 9/26/89)
| 314-6.2 | R-1: RESIDENTIAL ONE-FAMILY |
|---|---|
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-24(a)(1-3); INL#314-24(b)(1-3); INL#314-24(c)(1-6))
6.3 R-2: RESIDENTIAL TWO-FAMILY ZONE ¶
The Residential Two-Family or R-2 Zone is intended to be allowed in areas of the County close to urban centers where all utilities and services are available and where an increased density is appropriate on each building site. The following regulations shall apply in all Residential Two-Family or R-2 Zones. (Former Section INL#314-27; Ord. 1057, Sec. 5, 12/8/75: Amended by Ord. 1738, Sec. 3, 5/20/86; Amended by Ord. 1848, Sec. 11, 9/13/88; Amended by Ord. 1876, Sec. 6, 9/26/89)
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1)familydwellings. | ||
| Two(2)familydwellings. | ||
| Accessorydwellingunit. | ||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Keepingof no more than four(4)householdpets for each dwellingunit. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses and servantsquarters. | ||
| Private institutions. | ||
| Manufactured home parks at a density no greater than allowed by the minimum parcel size in the zone or as maybe modified bya combiningzone. |
314-6.3
R-2: RESIDENTIAL TWO-FAMILY
Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-2 Zone.
| 314-6.3 | R-2: RESIDENTIAL TWO-FAMILY |
|---|---|
| Tiny house villages and dependent unit villages, at a density no greater than allowed bythe General Plan or as maybe modified bya combiningzone. |
|
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-2 Zone. |
|
| Other Regulations | |
| Minimum Lot Area | 5,000 square feet. |
| Minimum Lot Width |
Fifty feet (50'). |
| Maximum Lot Depth |
Three (3) times lot width. |
| Minimum Yard Setbacks ***** |
|
| Front | Twentyfeet(20'). |
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Double Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
| Maximum Ground Coverage |
Forty percent (40%). |
| Maximum Building Height |
Thirty-five feet (35'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-27(a)(1-4); INL#314-27(b)(1-3); INL#314-27(c)(1-6))
6.4 R-3: RESIDENTIAL MULTIPLE FAMILY ZONE ¶
The Residential Multiple Family or R-3 Zone is intended to apply in areas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
eas of the County where it is reasonable to permit and protect low density apartment developments. The following regulations shall apply in all Residential Multiple Family or R-3 Zones. (Former Section INL#314-30; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 12, 9/13/88; Amended by Ord. 1876, Sec. 7, 9/26/89; Amended by Ord. 2166, Sec. 12, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | R-3: RESIDENTIAL MULTIPLE FAMILY | |
|---|---|---|---|
| Principal Permitted Uses | |||
| Two(2)familydwellings.(Amended byOrd. | 2166, 4/7/98) |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| Accessorydwellingunit. | |||
| Dwelling groups and multiple dwellings containing four (4) or fewer units per building. |
|||
| Tiny house villages and dependent unit villages with connection to public water and wastewater. |
|||
| Supportive housing and transitional housing subject only to restrictions that applyto other residential dwellings of the same type in the same zone. |
|||
| Emergencydependent unit villages. | |||
| Keepingof no more than two(2)householdpets for each dwellingunit. | |||
| Emergencyshelters. | |||
| Single-room occupancyfacilities. | |||
| Uses Permitted With a Special Permit | |||
| Tiny house villages and dependent unit villages without connection to public water and wastewater. |
|||
| Uses Permitted With a Use Permit | |||
| Hotels, motels, manufactured home parks, and rooming and boarding houses. (Amended byOrd. 2335,12/14/04) |
|||
| Alternative lodgeparks. | |||
| Private institutions. | |||
| Professional offices. | |||
| One (1) family dwellings and accessory dwelling units where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with Countyrequirements.(Added byOrd. 2166,Sec. 12, 4/7/98) |
|||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the R-3Zone. |
|||
| Other Regulations | |||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
||
| Minimum Lot Width | Fiftyfeet(50'). | ||
| Maximum Lot Depth | Three(3)times lot width. | ||
| Minimum Yard Setbacks ***** |
|||
| Front | Twentyfeet(20'). | ||
| Rear | Ten feet(10'). | ||
| Interior Side | Five feet(5'). | ||
| Exterior Side | Same as front or one-half the front if all parts of the main building are more than twenty-five feet (25) from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| questionable cases, the Public Works Director shall classifythe subject street.) |
|||
| Double | Frontage Lots | Front and rear twenty feet (20'), except the rear yard setbacks may be reduced to ten feet (10') where such yard abuts an alley. |
|
| Flag Lots | For flag lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
||
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten (10) feet. (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | ||
| Maximum Building Height |
Forty-five feet (45'). | ||
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
||
| Design Considerations (Advisory only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. |
||
| 314-6.4 | R-3: RESIDENTIAL MULTIPLE FAMILY | ||
| --- | --- | --- | |
| - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-30(a)(1-3); INL#314-30(b)(1-4); INL#314-30(c)(1-7; Amended by Ord. 2166, 4/7/98)
6.5 R-4: APARTMENT PROFESSIONAL ZONE ¶
The Apartment Professional or R-4 Zone is intended to apply in areas suitable for higher density residential uses and for professional and business offices and institutional uses. The following regulations shall apply in all Apartment Professional or R-4 Zones. (Former Section INL#314-31; Ord. 519, Sec. 440, 5/11/65; Amended by Ord. 1848, Sec. 13, 9/13/88; Amended by Ord. 1876, Sec. 8, 9/26/89; Amended by Ord. 2166, Sec. 13, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
314-6.5 R-4: APARTMENT PROFESSIONAL
Principal Permitted Uses
Two (2) family dwellings and multiple dwellings, accessory dwelling units accessory to multifamily dwellings, and dwelling groups. (Amended by Ord. 2166, Sec. 13, 4/7/98)
Tiny house villages and dependent unit villages with connection to public water and wastewater.
Supportive housing and transitional housing subject only to restrictions that apply to other residential dwellings of the same type in the same zone.
Professional and business offices.
Commercial instruction.
Boarding and rooming houses.
Keeping of no more than two (2) household pets for each dwelling unit.
Manufactured home parks.
Single-room occupancy facilities.
Uses Permitted With a Special Permit
Tiny house villages and dependent unit villages without connection to public water and wastewater.
Uses Permitted With a Use Permit
Hotels, motels and emergency shelters. (Amended by Ord. 2335, 12/14/04)
314-6.5 R-4: APARTMENT PROFESSIONAL
Alternative lodge parks.
Private institutions.
Social halls and fraternal and social organizations.
Noncommercial recreation facilities.
Mortuaries.
Small animal hospitals completely enclosed within a building.
One (1) family dwellings where it can be shown that the property could be developed in the future with multifamily dwellings. The Hearing Officer may require submittal of a development plan which shows how the multifamily dwelling units could be sited on the property in conformance with County requirements. (Added by Ord. 2166, Sec. 13, 4/7/98)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the R-4 Zone.
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
|---|---|---|
| Other Regulations | ||
| Minimum Lot Area | 5,000 square feet, but not less than 500 square feet for each dwellingunit. |
|
| Minimum Lot Width | Fiftyfeet(50'). | |
| Maximum Lot Depth | Three(3)times lot width. | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Ten(10)feet. | |
| Interior Side | Five(5)feet. | |
| Exterior Side | Same as front or one-half (l/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
|
| Double Frontage Lots | Front and rear twenty (20 feet, except the rear yard setbacks may be reduced to ten (10) feet where such yard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
|
| Special yards for multiple dwellings on the same lot |
The distance between separate dwelling units in a group on the same lot shall be not less than ten feet (10'). (Amended by Ord. 2214,6/6/00) The distance between the front of any dwelling unit in the group and any other building shall be not less |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| than twenty feet (20'). The distance between the front of any dwelling unit in the group and any side lot line shall be not less than twelve feet (12'). All of the above distances shall be increased by two feet (2') for each two feet (2') that any building on the lot exceeds two(2)stories. |
||
| Maximum Ground Coverage |
Sixty percent (60%). | |
| Maximum Building Height |
Forty-five feet (45'). | |
| Maximum Density | The maximum density as specified by the General Plan. The maximum density for the parcel shall be calculated as the maximum density permitted by the General Plan land use designation (i.e. number of dwelling units per acre) divided by the total area within the lot and within one-half of any adjacent street(s).(Added byOrd. 2313A,12/16/03) |
|
| Design Considerations (Advisory Only) |
The following items shall guide the design of projects involving more than four (4) units: - Avoid letting garages, driveways and parking lots dominate the streetscape. - Design to minimize conflicts between vehicles and pedestrians. - Design public open areas to the same level of quality as any other “space” in the development. - Provide direct access to open space from the dwelling units that the open space is intended to serve. - Provide visual access to shared open spaces from individual units, preferably from the kitchen, living room or dining room. - Avoid lighting which shines directly into dwelling units on- and off-site. - Private outdoor space, including patios, porches, decks, balconies and yards should be of adequate size and within easy access of each dwelling unit. |
|
| 314-6.5 | R-4: APARTMENT PROFESSIONAL | |
| --- | --- | --- |
| Other Regulations | ||
| - Good landscaping is critical to the quality of any multifamily project.(Added byOrd. 2313A,12/16/03) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-31(a)(1-6); INL#314-31(b)(1-7); INL#314-31(c))
6.6 RA: RURAL RESIDENTIAL AGRICULTURE ¶
Principal Permitted Uses. The following use types are permitted pursuant to the Development Permit Procedures in Chapter 2 of this division. (Former Section INL#314-20; Added by Ord. 2205, Sec. 1, 4/11/00)
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
|---|---|---|
| Use Type | Principal Permitted Use | |
| Residential Use Types | Single-Family Residential Accessory Dwelling Unit (Amended by Ord. 4/7/98) |
2167,Sec. 16, |
| Civic Use Types | Minor Utilities | |
| Agricultural Use Types | General Agriculture | |
| Industrial Use Types | Cottage Industry; subject to the Cottage Industry Regulations (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Use Type | Conditionally Permitted Use | |
| Residential Use Types | Guest House | |
| Civic Use Types | Essential Services Community Assembly Public Recreation and Open Space Solid Waste Disposal; subject to the Solid Waste Disposal Regulations Oil and Gas Pipelines; subject to the Oil and Gas Pipeline Regulations Major Electrical Distribution Lines; subject to the Electrical Distribution Lines Regulations Minor Generation and Distribution Facilities |
|
| Commercial Use Types | Neighborhood Commercial Private Recreation |
|
| Agricultural Use Types | Stables and Kennels Intensive Agriculture |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | |
| --- | --- | |
| Commercial Timber Use Type |
Timber Production | |
| Extractive Use Type | Surface Mining– 2;subject to the Surface MiningRegulations | |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
|
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the RA Zone. |
|
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| Development Standards | ||
| Minimum Lot Size and Minimum | Lot Width | |
| Zone Designation | Minimum Lot Size | Minimum Lot Width |
| RA-1 | 1.0 acre | 150 feet |
| RA-2 | 2.0 acres | 175feet |
| RA-2.5 | 2.5acres | 175feet |
| RA-5 | 5.0 acres | 250 feet |
| RA-10 | 10.0 acres | 350 feet |
| RA-20 | 20.0 acres | 475feet |
| RA-40 | 40.0 acres | 750 feet |
| Maximum Lot Depth | Four(4)times the lot width. | |
| Maximum Density | Either one (1) dwelling unit per lawfully created lot or two (2) dwelling units per lawfully created lot if a Special Permit is secured for a second residential unit. (Amended byOrd. 2167,Sec. 16, 4/7/98) |
|
| Minimum Yard Setbacks ***** |
Minimum Lot Size Less Than 2.5 Acres |
Minimum Lot Size 2.5 Acres or Greater |
| Front | Twenty (20) feet | Twenty (20) feet; thirty (30)feet for flaglots |
| Rear | Ten(10)feet | Thirty (30)feet |
| Interior Side | Five(5)feet | Thirty (30)feet |
| Exterior Side | Twenty (20)feet | Thirty (30)feet |
| Flag Lots | The Director, in consultation with the Public Works Department, shall establish the minimum |
The Director, in consultation with the Public Works Department, shall establish the minimum |
| 314-6.6 | RA: RURAL RESIDENTIAL AGRICULTURE | RA: RURAL RESIDENTIAL AGRICULTURE |
| --- | --- | --- |
| yard that is required for vehicular turnaround on the lot. |
yard that is required for vehicular turnaround on the lot. |
|
| Double Frontage Lots | Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
Front and rear yards shall be twenty (20) feet, except that the rear yard setback may be reduced to ten (10) feet where suchyard abuts an alley. |
| Maximum Ground Coverage |
Thirty-five percent (35%) | |
| Maximum Structure Height |
Thirty-five (35) feet | |
| Permitted Main Building Types |
Residential Single Detached Limited Mixed Residential – Nonresidential Nonresidential Detached or Multiple/Group |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G - Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
(From Sections CZ#A313-17(A)(1-4); CZ#A313-17(B)(1-7); CZ#A313-17(C)(1-6); Amended by Ord. 2167, Sec. 16, 4/7/98) (Ord. 2678, § 4, 7/13/2021; Ord. 2693, § 9, 6/7/2022; Ord. 2721, § 7, 7/11/2023; Ord. 2732, § 7, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2748, § 4, 10/1/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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7.1 AE: AGRICULTURE EXCLUSIVE ZONE ¶
The Agriculture Exclusive or AE Zone is intended to be applied in fertile areas in which agriculture is and should be the desirable predominant use and in which the protection of this use from encroachment from incompatible uses is essential to the general welfare. The following regulations shall apply in all Agriculture Exclusive or AE Zones. (Former Section INL#314-15; Ord. 1085, Sec. 5, 7/13/76; Amended by Ord. 1848, Sec. 8, 9/13/88; Amended by Ord. 2214, 6/6/00)
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | |
|---|---|---|---|---|
| Principal Permitted Uses | ||||
| All general agricultural uses, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures), except those specified in the following subsection, Uses Permitted With a Use Permit. (Amended byOrd. 2189,Sec. 1,2/9/99;Amended byOrd. 2214,6/6/00) |
||||
| Timberproduction. | ||||
| Single-familyresidence. | ||||
| Accessory dwelling unit. On lots forty (40) acres or larger in size, two (2) single detached dwellings are permitted within the same contiguous two (2) acre building envelope containing the primary residence. (Amended byOrd. 1949,Sec. 1,12/4/91;Amended byOrd. 2189,Sec. 1,2/9/99) |
||||
| Manufactured homes. | ||||
| Uses Permitted With a Use Permit | ||||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||||
| Aquaculture. | ||||
| Animal feedyards and salesyards. | ||||
| Agricultural and timberproductsprocessing plants. | ||||
| Agriculture-related recreation,resource-related recreation. | ||||
| Agriculture-related visitor-serving: cheese factories and sales rooms, wineries and wine tasting and sales rooms, produce sales, etc., which do not change the character of theprincipal use. |
||||
| Public recreation andpublic access facilities. | ||||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||||
| Animal hospitals. | ||||
| Stables and kennels. | ||||
| Farm employee housing, labor camps and labor supply camps (Table 4-G in the General Plan), (if unable to be principally permitted as small-scale or large- scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||||
| Fish and wildlife habitat management, watershed management, wetland restoration. |
AE: AGRICULTURE EXCLUSIVE
314-7.1
Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. Metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone.
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE |
|---|---|
| Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AE Zone. |
|
| Other Regulations | |
| No Subdivisions | Subdivisions may only be approved by official map, record of survey or recorded subdivision, for the managed production of resources, where parcels are subject to a binding and recorded restriction prohibiting the development of residential structures or residential accessorystructures. |
| Agricultural Land Conversion |
Conditionally permitted uses that would convert zoned agriculture exclusive or AE Zone land to nonagricultural uses shall not be approved unless the Planning Commission makes the following findings: A. There are no feasible alternatives that would prevent or minimize conversion; B. The facts support an overriding public interest in the conversion; and C. For lands outside of designated urban development boundaries, sufficient off-setting mitigation has been provided to prevent a net reduction in the agricultural land base and agricultural production. This requirement shall be known as the “no net loss” agricultural lands policy. “No net loss” mitigation is limited to one (1) or more of the following: 1. Replanning of vacant agricultural lands from a nonagricultural land use designation to an agricultural plan designation along with the recordation of a permanent conservation easement on this land for continued agricultural use; or 2. The retirement of nonagricultural uses on lands planned for agriculture and recordation of a permanent conservation easement on this land for continued agricultural use; or 3. Financial contribution to an agricultural land fund in an amount sufficient to fully offset the agricultural land conversion for those uses enumerated in subsections (C)(1) and (C)(2). The operational details of the land fund, including the process for setting the |
| 314-7.1 | |
| --- | --- |
| Conversion of Prime Agricultural Land |
|
| Minimum Lot Area | |
| Minimum Lot Width | |
| Maximum Lot Depth |
|
| Minimum Yard Setbacks ***** |
|
| Front | |
| Rear | |
| Side | |
| Farm Outbuildings | |
| Maximum Ground Coverage |
|
| Maximum Building Height |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Sections INL#314-15(a)(1-3); INL#314-15(b)(1-6); INL#314-15(c)(1-6); INL#316-2.1(1-10); Ord. 2189, Sec. 1, 2/9/99)
7.2 AG: AGRICULTURE GENERAL ZONE ¶
The Agriculture General or AG Zone is intended to be applied in areas in which agriculture is the desirable predominant use and rural residential uses are secondary. The following regulations shall apply in all Agriculture General or AG Zones. (Former Section INL#31418 and INL#316-2.1(1-10; Ord. 1086, Sec. 6, 7/13/76; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Amended by Ord. 2189,Sec. 1, 2/9/99; Amended by Ord. 2214,6/6/00) |
||
| One(1)familydwellings and farm dwellings,accessorydwellingunits. | ||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Manufactured homes. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses, servants’ quarters, labor camps and labor supply camps (if unable to be principally permitted as small-scale or large-scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal feed lots and salesyards. | ||
| Agricultural and timberproductsprocessing plants. | ||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||
| Animal hospitals and kennels. | ||
| Golf courses.(Amended byOrd. | 2189,Sec. 1,2/9/99) |
|
| Private institutions and cemeteries. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AG Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| Other Regulations | ||
| --- | --- | |
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard | ||
| Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
| --- | --- | --- |
| Side | Six(6)feet. | |
| Farm Outbuildings | Farm outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. | 1086,Sec. 6, 7/13/76) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Section INL#314-18(a)(1-4); INL#314-18(b)(1-8); INL#314-18(c); INL#316-2.1(1-10))
7.3 FR: FORESTRY RECREATION ZONE ¶
The Forestry Recreation or FR Zone is intended to be applied to forested areas of the County in which timber production and recreation are the desirable predominant uses and agriculture is the secondary use, and in which protection of the timber and recreational lands is essential to the general welfare. The following regulations shall apply in all Forestry Recreation or FR Zones. (Former Section INL#314-7; Ord. 1086, Sec. 4, 7/13/76; Amended by Ord. 2166, Sec. 10, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-7.3 | FR: FORESTRY RECREATION | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings and farm dwellings. | |
| Accessorydwellingunits. | ||
| General agriculture,nurseries andgreenhouses,and roadside stands. | ||
| Public and private noncommercial recreational uses, including golf courses and public stables. |
||
| Social halls,fraternal and social organizations,and clubs. | ||
| Manufactured homes. | ||
| Uses Permitted With a Special Permit | ||
| Single-room occupancyfacilities. | ||
| Uses Permitted With a Use Permit | ||
| Hotels, motels, special occupancy parks and manufactured home parks. (Amended byOrd. 2166,Sec. 10, 4/7/98) |
||
| Two(2)familyand multiple dwellings. | ||
| Restaurants, food markets and automobile service stations, and commercial recreational facilities. |
||
| Agricultural and timberproductsprocessing plants. | ||
| Private institutions and cemeteries. | ||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal hospitals and kennels. | ||
| Wreckingand salvageyards. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the FR Zone. |
||
| 314-7.3 | FR: FORESTRY RECREATION | |
| --- | --- | --- |
| Other Regulations | ||
| Minimum Lot Area | One(1)acre. | |
| Minimum Lot Width |
Two hundred (200) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Twenty (20)feet. | |
| Side | Ten(10)feet. | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-7(a)(1-5); INL#314-7(b)(1-8); INL#314-7(c)(1-4); Amended by Ord. 2166, Sec. 10, 4/7/98)
7.4 TPZ: TIMBERLAND PRODUCTION ZONE ¶
The Timberland Production or TPZ Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber. (Former Section INL#314-10; and INL#314-11; Ord. 1099 Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88; Amended by Ord. 1907, Sec. 1, 8/21/90; Amended by Ord. 2166, Sec. 11, 4/7/98; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
314-7.4 TPZ: TIMBERLAND PRODUCTION Principal Permitted Uses
Growing and harvesting of timber and accessory uses compatible thereto. - Accessory agricultural uses and structures listed at Sections 314 43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Added by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
Principal Permitted Uses Compatible with Timber Production
The following accessory uses are deemed to be compatible with the growing and harvesting of timber provided they do not significantly detract from the use of the property for, or inhibit, growing and harvesting of timber: (Former Section INL#314-11) Management for watershed and wetland restoration.
Management for fish and wildlife habitat.
A use integrally related to the growing, harvesting and processing of forest products; including but not limited to roads, log landings, and log storage areas (portable chippers ” and portable sawmills are considered a part of “processing ).
The erection, construction, alteration, or maintenance of gas, electric, or water facilities. Grazing and other agricultural uses.
One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of
TPZ: TIMBERLAND PRODUCTION
314-7.4
Section 314-7.4.1.6, Special Restrictions Regarding Residences.
Temporary labor camps, less than one (1) year in duration, accessory to timber harvesting or planting operations.
Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. (Former Section INL#314-11(h); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 2, 8/21/90)
Uses Permitted With a Use Permit
Note: Permits authorized under this section cannot be approved if such use will significantly detract from the use of the property for, or inhibit, growing and harvesting of timber. (Former Section INL#314-10(b)(1-2); Ord. 1099, Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88, Amended by Ord. 1907, Sec. 1, 8/21/90, Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills, but not including a pulp mill.
Utilities and energy facilities: the erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. (Added by Ord. 2635, 8/27/19)
Public recreation and public access facilities. (Added by Ord. 2635, 8/27/19)
Oil and gas drilling and processing, metallic mining, surface mining. (Added by Ord. 2635, 8/27/19)
Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks, and similar recreational uses. (Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use. (Added by Ord. 2635, 8/27/19)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone.
7.4.1 Other TPZ Regulations. ¶
7.4.1.1Provisions of Article 1 “General Provisions” (Section 51100); Article 2 “Establishment of Timberland Production Zone” (Subsections 51110 and 51119.5); Article 3 “Rezoning” (Subsections 51120 and 51121); Article 4 “Immediate Rezoning” (Subsections 51130 through 51134); and Article 5 “Removal from Zone” (Subsections 51140 through 51146) of the Government Code of the State of California as it now reads, or may be hereafter amended, shall apply. (Former Section INL#314-12(a); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2An owner of real property may petition the Board of Supervisors to zone land as Timberland Production or TPZ Zone. The Board, by ordinance, after the recommendation of the Planning Commission pursuant to Section 51110.2 of the Government Code, and after public hearing, shall zone as a Timberland Production or TPZ Zone all parcels submitted to it by petition pursuant to Section 51113 which meet all of the following criteria: (Former Section INL#314-12(b))
7.4.1.2.1A map shall be prepared showing the legal description or the assessor’s parcel number of the property desired to be zoned Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(1))
7.4.1.2.2A plan (or a timber management guide) for forest management of the property must be prepared or approved as to content by a registered forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan. (Former Section INL#314-12(b)(2))
7.4.1.2.3The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the Board of Supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the
signing of such agreement. The agreement shall provide that if the parcel is subsequently zoned as Timberland Production or TPZ and fails to meet the stocking standards and forest practice rules within the time period, the Board of Supervisors shall rezone the parcel to another zone pursuant to Section 51113(c)(3) or 51121 of the Government Code. (Former Section INL#314-12(b)(3))
7.4.1.2.4The land to be rezoned Timberland Production or TPZ shall be in the ownership of one (1) person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of a single parcel or a unit of contiguous parcels as defined in Section 51104 of the Government Code, which is eighty (80) acres or one-half (1/2) of one-quarter (1/4) section in size or larger. (Former Section INL#314-12(b)(4))
7.4.1.2.5The land to be included in the Timberland Production or TPZ Zone shall be timberland as defined by Section 51104(f) of the Government Code. (Former Section INL#314-12(b)(5); Ord. 1126, Sec. 1, 3/12/77; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2.6The land shall be in compliance with the land use standards of the Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(6))
7.4.1.3Minimum parcel size:
7.4.1.3.1One hundred sixty (160) acres; or (Former Section INL#314-12(c)(1))
7.4.1.3.2Forty (40) acres if the provisions of Government Code Section 51119.5 are met. (Former Section INL#314-12(c)(2))
7.4.1.4 Special Subdivision Provisions For Mixed Zone Parcels. Parcels containing Timberland Production or TPZ zoned land may be subdivided below the minimum parcel size allowed pursuant to Section 314-7.4.1.3 where TPZ zoned land of a smaller size already exists and all of the following requirements are satisfied: (Former Section INL#314-12(d))
7.4.1.4.1TPZ zoned land within the parcel is not being divided or separated by the subdivision; and (Former Section INL#314-12(d)(1))
7.4.1.4.2Adequate access is available for timber management for the TPZ zoned land; and (Former Section INL#314-12(d)(2))
7.4.1.4.3A timber management guide for the TPZ zoned land approved by the County Forestry Review Committee has been submitted for the subdivision; provided, however, that such a timber management guide shall not be required if the subdivision is restricted to prohibit residential or other development from the TPZ portion of the parcel; and (Former Section INL#314-12(d)(3))
7.4.1.4.4The subdivision meets all other regulatory requirements applicable to subdivisions; and (Former Section INL#314-12(d)(4))
7.4.1.4.5The parcel in which the TPZ zoned land will be contained is no smaller than the minimum parcel size for the adjacent non-TPZ portion of the parcel. (Former Section INL#314-12(d)(5))
7.4.1.5Minimum yard setbacks*: (Former Section INL#314-12(e)(1-4))
7.4.1.5.1Front: twenty (20) feet;
7.4.1.5.2Side: thirty (30) feet;
7.4.1.5.3Rear: thirty (30) feet;
7.4.1.5.4For flag lots, the Director, in consultation with the Public Works Department, shall establish, in addition to a required minimum front yard setback, the minimum yard that is required for a vehicular turnaround on the parcel.
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.4.1.6 Special Restrictions Regarding Residences. ¶
7.4.1.6.1The total residential density shall not exceed one (1) dwelling unit per forty (40) acres. (Former Section INL#314-12(f)(1))
7.4.1.6.2Accessory dwelling units may be permitted on parcels greater than one hundred sixty (160) acres, and on parcels less than one hundred sixty (160) acres only in the area already converted, intended to be converted, or that does not meet the definition of timberlands.
7.4.1.6.3Parcels smaller than forty (40) acres shall not have second or accessory dwelling units, unless located within a community planning area. (Former Section INL#314-12(f)(2))
7.4.1.6.4Residences and the associated accessory structures and uses shall not exceed two (2) acres per parcel. (Former Section INL#314-12(f)(3))
7.5 TE: TIMBERLAND EXCLUSIVE ZONE ¶
The Timberland Exclusive or TE Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber on properties one hundred sixty (160) acres or larger in size planned Timberland on the General Plan Land Use
Map that is not zoned TPZ pursuant to Section 314-7.4 and the California Timberland Productivity Act of 1982, Government Code Section 51100 et seq.
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
|---|---|
| Principal Permitted Uses | |
| Growingand harvesting | of timber and accessoryuses compatible thereto. |
| Accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural AccessoryStructures). |
|
| One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of Section 314-7.4.1.6,Special Restrictions Regarding Residences. |
|
| Management for watershed and wetland restoration. | |
| Management for fish and wildlife habitat. | |
| A use integrally related to the growing, harvesting and processing of forest products, including but not imited to roads, log landings, and log storage areas (portable chippers andportable sawmills are considered apart of “processing”). |
|
| The erection, construction, alteration, or maintenance of gas, electric, or water facilities. |
|
| Grazingand other agricultural uses. | |
| Temporary labor camps, less than one (1) year in duration, accessory to timber harvestingorplantingoperations. |
|
| Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. |
|
| Cottage industry,subject to cottage industryregulations. | |
| Uses Permitted With a Use Permit | |
| Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills,but not includingapulpmill. |
|
| Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks,and similar recreational uses. |
|
| Timber-related visitor-serving: burl shops, timber museums, interpretive centers,etc.,which do not change the character of theprincipal use. |
|
| Public recreation andpublic access facilities. | |
| The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Oil andgas drillingandprocessing,metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the TE Zone. |
|
| Other Regulations | |
| Minimum Lot Area | Forty (40)acres. |
| Minimum Lot Width |
One hundred (100) feet. |
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use.
Public recreation and public access facilities.
The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities.
Oil and gas drilling and processing, metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TE Zone.
Other Regulations
| Minimum Lot Area | Forty (40)acres. |
|---|---|
| Minimum Lot Width |
One hundred (100) feet. |
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
| --- | --- |
| Maximum Lot Depth |
(None specified.) |
| Minimum Yard Setbacks ***** |
|
| Front | Thirty (30)feet; |
| Rear | Twenty (20)feet; |
| Side | Ten percent (10%) of the lot width on each side but not more than twenty (20)feet shall be required. |
| Outbuildings | Outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.6 TL: TRIBAL LANDS ¶
The Tribal Lands or TL Zone is intended to implement the Tribal Lands (TL) and the Tribal Trust Lands (TTL) Land Use Designations contained in General Plan Land Use Element Section 4.8, Land Use Designations. The TL Zone is intended to be applied to land planned as Tribal Trust Land (TTL) or land located on Native American reservations and rancherias that is not zoned TPZ and is identified as Tribal Lands (TL) on the General Plan Land Use Map.
7.6.1 TL Regulations. ¶
7.6.1.1 Jurisdiction. ¶
7.6.1.1.1The County does not have land use jurisdiction over land within a reservation or rancheria held in trust by the Federal government for a tribe or its members, or owned in fee by the tribe or by members of the tribe.
7.6.1.1.2The County may have land use jurisdiction over land owned in fee by nontribal members within the boundaries of a rancheria or reservation, except land owned in fee by nontribal members within the boundaries of the Hoopa Reservation.
7.6.1.1.3Applicants for land use and permit approvals for land zoned TL may be requested to provide additional information to allow the County to determine if the County has land use jurisdiction.
7.6.1.1.4In the event the County has land use jurisdiction, the Planning and Building Department shall (1) notify the tribal government of the application, (2) determine if the tribal government has an adopted land use plan, and (3) the County shall refer the project to and engage with the tribal government for comment prior to approval.
7.6.1.2 Adopted Tribal Land Use Plan. If the tribal government has an adopted land use plan, this plan shall be used by the County as policy guidance for all land use and permit approvals.
7.6.1.3 Applications for Land Use and Permit Approvals within Urbanized Areas. For land use and permit approvals on land zoned TL within or adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size less than two and one-half (2-1/2) acres) in Section 314-6.6.
7.6.1.4 Applications for Land Use and Permit Approvals Outside of Urbanized Areas. For land use and permit approvals on land zoned TL outside and not adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size two and one-half (2-1/2) acres or greater) in Section 314-6.6.
7.6.1.5 Subdivisions. ¶
7.6.1.5.1Subdivisions of land zoned TL within urbanized areas shall have a maximum residential density of one (1) acre per dwelling unit.
7.6.1.5.2Subdivisions of land zoned TL outside urbanized areas shall have a maximum residential density of maximum residential density of forty (40) acres per dwelling unit.
7.6.1.5.3Policies relating to rural lands contained in General Plan Section 4.4, Rural Lands, shall apply to all subdivisions of land zoned TL. (Ord. 2629, § 5, 6/11/2019; Ord. 2635, §§ 2, 3, 5, 8/27/2019; Ord. 2678, § 5, 7/13/2021; Ord. 2703, § 3, 11/29/2022; Ord. 2781, § 3, 1/13/2026)
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7.1 AE: AGRICULTURE EXCLUSIVE ZONE ¶
The Agriculture Exclusive or AE Zone is intended to be applied in fertile areas in which agriculture is and should be the desirable predominant use and in which the protection of this use from encroachment from incompatible uses is essential to the general welfare. The following regulations shall apply in all Agriculture Exclusive or AE Zones. (Former Section INL#314-15; Ord. 1085, Sec. 5, 7/13/76; Amended by Ord. 1848, Sec. 8, 9/13/88; Amended by Ord. 2214, 6/6/00)
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | |
|---|---|---|---|---|
| Principal Permitted Uses | ||||
| All general agricultural uses, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures), except those specified in the following subsection, Uses Permitted With a Use Permit. (Amended byOrd. 2189,Sec. 1,2/9/99;Amended byOrd. 2214,6/6/00) |
||||
| Timberproduction. | ||||
| Single-familyresidence. | ||||
| Accessory dwelling unit. On lots forty (40) acres or larger in size, two (2) single detached dwellings are permitted within the same contiguous two (2) acre building envelope containing the primary residence. (Amended byOrd. 1949,Sec. 1,12/4/91;Amended byOrd. 2189,Sec. 1,2/9/99) |
||||
| Manufactured homes. | ||||
| Uses Permitted With a Use Permit | ||||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||||
| Aquaculture. | ||||
| Animal feedyards and salesyards. | ||||
| Agricultural and timberproductsprocessing plants. | ||||
| Agriculture-related recreation,resource-related recreation. | ||||
| Agriculture-related visitor-serving: cheese factories and sales rooms, wineries and wine tasting and sales rooms, produce sales, etc., which do not change the character of theprincipal use. |
||||
| Public recreation andpublic access facilities. | ||||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||||
| Animal hospitals. | ||||
| Stables and kennels. | ||||
| Farm employee housing, labor camps and labor supply camps (Table 4-G in the General Plan), (if unable to be principally permitted as small-scale or large- scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||||
| Fish and wildlife habitat management, watershed management, wetland restoration. |
AE: AGRICULTURE EXCLUSIVE
314-7.1
Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. Metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone.
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE |
|---|---|
| Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AE Zone. |
|
| Other Regulations | |
| No Subdivisions | Subdivisions may only be approved by official map, record of survey or recorded subdivision, for the managed production of resources, where parcels are subject to a binding and recorded restriction prohibiting the development of residential structures or residential accessorystructures. |
| Agricultural Land Conversion |
Conditionally permitted uses that would convert zoned agriculture exclusive or AE Zone land to nonagricultural uses shall not be approved unless the Planning Commission makes the following findings: A. There are no feasible alternatives that would prevent or minimize conversion; B. The facts support an overriding public interest in the conversion; and C. For lands outside of designated urban development boundaries, sufficient off-setting mitigation has been provided to prevent a net reduction in the agricultural land base and agricultural production. This requirement shall be known as the “no net loss” agricultural lands policy. “No net loss” mitigation is limited to one (1) or more of the following: 1. Replanning of vacant agricultural lands from a nonagricultural land use designation to an agricultural plan designation along with the recordation of a permanent conservation easement on this land for continued agricultural use; or 2. The retirement of nonagricultural uses on lands planned for agriculture and recordation of a permanent conservation easement on this land for continued agricultural use; or 3. Financial contribution to an agricultural land fund in an amount sufficient to fully offset the agricultural land conversion for those uses enumerated in subsections (C)(1) and (C)(2). The operational details of the land fund, including the process for setting the |
| 314-7.1 | |
| --- | --- |
| Conversion of Prime Agricultural Land |
|
| Minimum Lot Area | |
| Minimum Lot Width | |
| Maximum Lot Depth |
|
| Minimum Yard Setbacks ***** |
|
| Front | |
| Rear | |
| Side | |
| Farm Outbuildings | |
| Maximum Ground Coverage |
|
| Maximum Building Height |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Sections INL#314-15(a)(1-3); INL#314-15(b)(1-6); INL#314-15(c)(1-6); INL#316-2.1(1-10); Ord. 2189, Sec. 1, 2/9/99)
7.2 AG: AGRICULTURE GENERAL ZONE ¶
The Agriculture General or AG Zone is intended to be applied in areas in which agriculture is the desirable predominant use and rural residential uses are secondary. The following regulations shall apply in all Agriculture General or AG Zones. (Former Section INL#31418 and INL#316-2.1(1-10; Ord. 1086, Sec. 6, 7/13/76; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Amended by Ord. 2189,Sec. 1, 2/9/99; Amended by Ord. 2214,6/6/00) |
||
| One(1)familydwellings and farm dwellings,accessorydwellingunits. | ||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Manufactured homes. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses, servants’ quarters, labor camps and labor supply camps (if unable to be principally permitted as small-scale or large-scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal feed lots and salesyards. | ||
| Agricultural and timberproductsprocessing plants. | ||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||
| Animal hospitals and kennels. | ||
| Golf courses.(Amended byOrd. | 2189,Sec. 1,2/9/99) |
|
| Private institutions and cemeteries. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AG Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| Other Regulations | ||
| --- | --- | |
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard | ||
| Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
| --- | --- | --- |
| Side | Six(6)feet. | |
| Farm Outbuildings | Farm outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. | 1086,Sec. 6, 7/13/76) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Section INL#314-18(a)(1-4); INL#314-18(b)(1-8); INL#314-18(c); INL#316-2.1(1-10))
7.3 FR: FORESTRY RECREATION ZONE ¶
The Forestry Recreation or FR Zone is intended to be applied to forested areas of the County in which timber production and recreation are the desirable predominant uses and agriculture is the secondary use, and in which protection of the timber and recreational lands is essential to the general welfare. The following regulations shall apply in all Forestry Recreation or FR Zones. (Former Section INL#314-7; Ord. 1086, Sec. 4, 7/13/76; Amended by Ord. 2166, Sec. 10, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-7.3 | FR: FORESTRY RECREATION | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings and farm dwellings. | |
| Accessorydwellingunits. | ||
| General agriculture,nurseries andgreenhouses,and roadside stands. | ||
| Public and private noncommercial recreational uses, including golf courses and public stables. |
||
| Social halls,fraternal and social organizations,and clubs. | ||
| Manufactured homes. | ||
| Uses Permitted With a Special Permit | ||
| Single-room occupancyfacilities. | ||
| Uses Permitted With a Use Permit | ||
| Hotels, motels, special occupancy parks and manufactured home parks. (Amended byOrd. 2166,Sec. 10, 4/7/98) |
||
| Two(2)familyand multiple dwellings. | ||
| Restaurants, food markets and automobile service stations, and commercial recreational facilities. |
||
| Agricultural and timberproductsprocessing plants. | ||
| Private institutions and cemeteries. | ||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal hospitals and kennels. | ||
| Wreckingand salvageyards. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the FR Zone. |
||
| 314-7.3 | FR: FORESTRY RECREATION | |
| --- | --- | --- |
| Other Regulations | ||
| Minimum Lot Area | One(1)acre. | |
| Minimum Lot Width |
Two hundred (200) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Twenty (20)feet. | |
| Side | Ten(10)feet. | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-7(a)(1-5); INL#314-7(b)(1-8); INL#314-7(c)(1-4); Amended by Ord. 2166, Sec. 10, 4/7/98)
7.4 TPZ: TIMBERLAND PRODUCTION ZONE ¶
The Timberland Production or TPZ Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber. (Former Section INL#314-10; and INL#314-11; Ord. 1099 Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88; Amended by Ord. 1907, Sec. 1, 8/21/90; Amended by Ord. 2166, Sec. 11, 4/7/98; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
314-7.4 TPZ: TIMBERLAND PRODUCTION Principal Permitted Uses
Growing and harvesting of timber and accessory uses compatible thereto. - Accessory agricultural uses and structures listed at Sections 314 43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Added by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
Principal Permitted Uses Compatible with Timber Production
The following accessory uses are deemed to be compatible with the growing and harvesting of timber provided they do not significantly detract from the use of the property for, or inhibit, growing and harvesting of timber: (Former Section INL#314-11) Management for watershed and wetland restoration.
Management for fish and wildlife habitat.
A use integrally related to the growing, harvesting and processing of forest products; including but not limited to roads, log landings, and log storage areas (portable chippers ” and portable sawmills are considered a part of “processing ).
The erection, construction, alteration, or maintenance of gas, electric, or water facilities. Grazing and other agricultural uses.
One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of
TPZ: TIMBERLAND PRODUCTION
314-7.4
Section 314-7.4.1.6, Special Restrictions Regarding Residences.
Temporary labor camps, less than one (1) year in duration, accessory to timber harvesting or planting operations.
Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. (Former Section INL#314-11(h); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 2, 8/21/90)
Uses Permitted With a Use Permit
Note: Permits authorized under this section cannot be approved if such use will significantly detract from the use of the property for, or inhibit, growing and harvesting of timber. (Former Section INL#314-10(b)(1-2); Ord. 1099, Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88, Amended by Ord. 1907, Sec. 1, 8/21/90, Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills, but not including a pulp mill.
Utilities and energy facilities: the erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. (Added by Ord. 2635, 8/27/19)
Public recreation and public access facilities. (Added by Ord. 2635, 8/27/19)
Oil and gas drilling and processing, metallic mining, surface mining. (Added by Ord. 2635, 8/27/19)
Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks, and similar recreational uses. (Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use. (Added by Ord. 2635, 8/27/19)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone.
7.4.1 Other TPZ Regulations. ¶
7.4.1.1Provisions of Article 1 “General Provisions” (Section 51100); Article 2 “Establishment of Timberland Production Zone” (Subsections 51110 and 51119.5); Article 3 “Rezoning” (Subsections 51120 and 51121); Article 4 “Immediate Rezoning” (Subsections 51130 through 51134); and Article 5 “Removal from Zone” (Subsections 51140 through 51146) of the Government Code of the State of California as it now reads, or may be hereafter amended, shall apply. (Former Section INL#314-12(a); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2An owner of real property may petition the Board of Supervisors to zone land as Timberland Production or TPZ Zone. The Board, by ordinance, after the recommendation of the Planning Commission pursuant to Section 51110.2 of the Government Code, and after public hearing, shall zone as a Timberland Production or TPZ Zone all parcels submitted to it by petition pursuant to Section 51113 which meet all of the following criteria: (Former Section INL#314-12(b))
7.4.1.2.1A map shall be prepared showing the legal description or the assessor’s parcel number of the property desired to be zoned Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(1))
7.4.1.2.2A plan (or a timber management guide) for forest management of the property must be prepared or approved as to content by a registered forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan. (Former Section INL#314-12(b)(2))
7.4.1.2.3The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the Board of Supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the
signing of such agreement. The agreement shall provide that if the parcel is subsequently zoned as Timberland Production or TPZ and fails to meet the stocking standards and forest practice rules within the time period, the Board of Supervisors shall rezone the parcel to another zone pursuant to Section 51113(c)(3) or 51121 of the Government Code. (Former Section INL#314-12(b)(3))
7.4.1.2.4The land to be rezoned Timberland Production or TPZ shall be in the ownership of one (1) person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of a single parcel or a unit of contiguous parcels as defined in Section 51104 of the Government Code, which is eighty (80) acres or one-half (1/2) of one-quarter (1/4) section in size or larger. (Former Section INL#314-12(b)(4))
7.4.1.2.5The land to be included in the Timberland Production or TPZ Zone shall be timberland as defined by Section 51104(f) of the Government Code. (Former Section INL#314-12(b)(5); Ord. 1126, Sec. 1, 3/12/77; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2.6The land shall be in compliance with the land use standards of the Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(6))
7.4.1.3Minimum parcel size:
7.4.1.3.1One hundred sixty (160) acres; or (Former Section INL#314-12(c)(1))
7.4.1.3.2Forty (40) acres if the provisions of Government Code Section 51119.5 are met. (Former Section INL#314-12(c)(2))
7.4.1.4 Special Subdivision Provisions For Mixed Zone Parcels. Parcels containing Timberland Production or TPZ zoned land may be subdivided below the minimum parcel size allowed pursuant to Section 314-7.4.1.3 where TPZ zoned land of a smaller size already exists and all of the following requirements are satisfied: (Former Section INL#314-12(d))
7.4.1.4.1TPZ zoned land within the parcel is not being divided or separated by the subdivision; and (Former Section INL#314-12(d)(1))
7.4.1.4.2Adequate access is available for timber management for the TPZ zoned land; and (Former Section INL#314-12(d)(2))
7.4.1.4.3A timber management guide for the TPZ zoned land approved by the County Forestry Review Committee has been submitted for the subdivision; provided, however, that such a timber management guide shall not be required if the subdivision is restricted to prohibit residential or other development from the TPZ portion of the parcel; and (Former Section INL#314-12(d)(3))
7.4.1.4.4The subdivision meets all other regulatory requirements applicable to subdivisions; and (Former Section INL#314-12(d)(4))
7.4.1.4.5The parcel in which the TPZ zoned land will be contained is no smaller than the minimum parcel size for the adjacent non-TPZ portion of the parcel. (Former Section INL#314-12(d)(5))
7.4.1.5Minimum yard setbacks*: (Former Section INL#314-12(e)(1-4))
7.4.1.5.1Front: twenty (20) feet;
7.4.1.5.2Side: thirty (30) feet;
7.4.1.5.3Rear: thirty (30) feet;
7.4.1.5.4For flag lots, the Director, in consultation with the Public Works Department, shall establish, in addition to a required minimum front yard setback, the minimum yard that is required for a vehicular turnaround on the parcel.
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.4.1.6 Special Restrictions Regarding Residences. ¶
7.4.1.6.1The total residential density shall not exceed one (1) dwelling unit per forty (40) acres. (Former Section INL#314-12(f)(1))
7.4.1.6.2Accessory dwelling units may be permitted on parcels greater than one hundred sixty (160) acres, and on parcels less than one hundred sixty (160) acres only in the area already converted, intended to be converted, or that does not meet the definition of timberlands.
7.4.1.6.3Parcels smaller than forty (40) acres shall not have second or accessory dwelling units, unless located within a community planning area. (Former Section INL#314-12(f)(2))
7.4.1.6.4Residences and the associated accessory structures and uses shall not exceed two (2) acres per parcel. (Former Section INL#314-12(f)(3))
7.5 TE: TIMBERLAND EXCLUSIVE ZONE ¶
The Timberland Exclusive or TE Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber on properties one hundred sixty (160) acres or larger in size planned Timberland on the General Plan Land Use
Map that is not zoned TPZ pursuant to Section 314-7.4 and the California Timberland Productivity Act of 1982, Government Code Section 51100 et seq.
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
|---|---|
| Principal Permitted Uses | |
| Growingand harvesting | of timber and accessoryuses compatible thereto. |
| Accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural AccessoryStructures). |
|
| One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of Section 314-7.4.1.6,Special Restrictions Regarding Residences. |
|
| Management for watershed and wetland restoration. | |
| Management for fish and wildlife habitat. | |
| A use integrally related to the growing, harvesting and processing of forest products, including but not imited to roads, log landings, and log storage areas (portable chippers andportable sawmills are considered apart of “processing”). |
|
| The erection, construction, alteration, or maintenance of gas, electric, or water facilities. |
|
| Grazingand other agricultural uses. | |
| Temporary labor camps, less than one (1) year in duration, accessory to timber harvestingorplantingoperations. |
|
| Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. |
|
| Cottage industry,subject to cottage industryregulations. | |
| Uses Permitted With a Use Permit | |
| Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills,but not includingapulpmill. |
|
| Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks,and similar recreational uses. |
|
| Timber-related visitor-serving: burl shops, timber museums, interpretive centers,etc.,which do not change the character of theprincipal use. |
|
| Public recreation andpublic access facilities. | |
| The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Oil andgas drillingandprocessing,metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the TE Zone. |
|
| Other Regulations | |
| Minimum Lot Area | Forty (40)acres. |
| Minimum Lot Width |
One hundred (100) feet. |
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use.
Public recreation and public access facilities.
The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities.
Oil and gas drilling and processing, metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TE Zone.
Other Regulations
| Minimum Lot Area | Forty (40)acres. |
|---|---|
| Minimum Lot Width |
One hundred (100) feet. |
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
| --- | --- |
| Maximum Lot Depth |
(None specified.) |
| Minimum Yard Setbacks ***** |
|
| Front | Thirty (30)feet; |
| Rear | Twenty (20)feet; |
| Side | Ten percent (10%) of the lot width on each side but not more than twenty (20)feet shall be required. |
| Outbuildings | Outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.6 TL: TRIBAL LANDS ¶
The Tribal Lands or TL Zone is intended to implement the Tribal Lands (TL) and the Tribal Trust Lands (TTL) Land Use Designations contained in General Plan Land Use Element Section 4.8, Land Use Designations. The TL Zone is intended to be applied to land planned as Tribal Trust Land (TTL) or land located on Native American reservations and rancherias that is not zoned TPZ and is identified as Tribal Lands (TL) on the General Plan Land Use Map.
7.6.1 TL Regulations. ¶
7.6.1.1 Jurisdiction. ¶
7.6.1.1.1The County does not have land use jurisdiction over land within a reservation or rancheria held in trust by the Federal government for a tribe or its members, or owned in fee by the tribe or by members of the tribe.
7.6.1.1.2The County may have land use jurisdiction over land owned in fee by nontribal members within the boundaries of a rancheria or reservation, except land owned in fee by nontribal members within the boundaries of the Hoopa Reservation.
7.6.1.1.3Applicants for land use and permit approvals for land zoned TL may be requested to provide additional information to allow the County to determine if the County has land use jurisdiction.
7.6.1.1.4In the event the County has land use jurisdiction, the Planning and Building Department shall (1) notify the tribal government of the application, (2) determine if the tribal government has an adopted land use plan, and (3) the County shall refer the project to and engage with the tribal government for comment prior to approval.
7.6.1.2 Adopted Tribal Land Use Plan. If the tribal government has an adopted land use plan, this plan shall be used by the County as policy guidance for all land use and permit approvals.
7.6.1.3 Applications for Land Use and Permit Approvals within Urbanized Areas. For land use and permit approvals on land zoned TL within or adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size less than two and one-half (2-1/2) acres) in Section 314-6.6.
7.6.1.4 Applications for Land Use and Permit Approvals Outside of Urbanized Areas. For land use and permit approvals on land zoned TL outside and not adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size two and one-half (2-1/2) acres or greater) in Section 314-6.6.
7.6.1.5 Subdivisions. ¶
7.6.1.5.1Subdivisions of land zoned TL within urbanized areas shall have a maximum residential density of one (1) acre per dwelling unit.
7.6.1.5.2Subdivisions of land zoned TL outside urbanized areas shall have a maximum residential density of maximum residential density of forty (40) acres per dwelling unit.
7.6.1.5.3Policies relating to rural lands contained in General Plan Section 4.4, Rural Lands, shall apply to all subdivisions of land zoned TL. (Ord. 2629, § 5, 6/11/2019; Ord. 2635, §§ 2, 3, 5, 8/27/2019; Ord. 2678, § 5, 7/13/2021; Ord. 2703, § 3, 11/29/2022; Ord. 2781, § 3, 1/13/2026)
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7.1 AE: AGRICULTURE EXCLUSIVE ZONE ¶
The Agriculture Exclusive or AE Zone is intended to be applied in fertile areas in which agriculture is and should be the desirable predominant use and in which the protection of this use from encroachment from incompatible uses is essential to the general welfare. The following regulations shall apply in all Agriculture Exclusive or AE Zones. (Former Section INL#314-15; Ord. 1085, Sec. 5, 7/13/76; Amended by Ord. 1848, Sec. 8, 9/13/88; Amended by Ord. 2214, 6/6/00)
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | |
|---|---|---|---|---|
| Principal Permitted Uses | ||||
| All general agricultural uses, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures), except those specified in the following subsection, Uses Permitted With a Use Permit. (Amended byOrd. 2189,Sec. 1,2/9/99;Amended byOrd. 2214,6/6/00) |
||||
| Timberproduction. | ||||
| Single-familyresidence. | ||||
| Accessory dwelling unit. On lots forty (40) acres or larger in size, two (2) single detached dwellings are permitted within the same contiguous two (2) acre building envelope containing the primary residence. (Amended byOrd. 1949,Sec. 1,12/4/91;Amended byOrd. 2189,Sec. 1,2/9/99) |
||||
| Manufactured homes. | ||||
| Uses Permitted With a Use Permit | ||||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||||
| Aquaculture. | ||||
| Animal feedyards and salesyards. | ||||
| Agricultural and timberproductsprocessing plants. | ||||
| Agriculture-related recreation,resource-related recreation. | ||||
| Agriculture-related visitor-serving: cheese factories and sales rooms, wineries and wine tasting and sales rooms, produce sales, etc., which do not change the character of theprincipal use. |
||||
| Public recreation andpublic access facilities. | ||||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||||
| Animal hospitals. | ||||
| Stables and kennels. | ||||
| Farm employee housing, labor camps and labor supply camps (Table 4-G in the General Plan), (if unable to be principally permitted as small-scale or large- scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||||
| Fish and wildlife habitat management, watershed management, wetland restoration. |
AE: AGRICULTURE EXCLUSIVE
314-7.1
Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. Metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone.
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE |
|---|---|
| Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AE Zone. |
|
| Other Regulations | |
| No Subdivisions | Subdivisions may only be approved by official map, record of survey or recorded subdivision, for the managed production of resources, where parcels are subject to a binding and recorded restriction prohibiting the development of residential structures or residential accessorystructures. |
| Agricultural Land Conversion |
Conditionally permitted uses that would convert zoned agriculture exclusive or AE Zone land to nonagricultural uses shall not be approved unless the Planning Commission makes the following findings: A. There are no feasible alternatives that would prevent or minimize conversion; B. The facts support an overriding public interest in the conversion; and C. For lands outside of designated urban development boundaries, sufficient off-setting mitigation has been provided to prevent a net reduction in the agricultural land base and agricultural production. This requirement shall be known as the “no net loss” agricultural lands policy. “No net loss” mitigation is limited to one (1) or more of the following: 1. Replanning of vacant agricultural lands from a nonagricultural land use designation to an agricultural plan designation along with the recordation of a permanent conservation easement on this land for continued agricultural use; or 2. The retirement of nonagricultural uses on lands planned for agriculture and recordation of a permanent conservation easement on this land for continued agricultural use; or 3. Financial contribution to an agricultural land fund in an amount sufficient to fully offset the agricultural land conversion for those uses enumerated in subsections (C)(1) and (C)(2). The operational details of the land fund, including the process for setting the |
| 314-7.1 | |
| --- | --- |
| Conversion of Prime Agricultural Land |
|
| Minimum Lot Area | |
| Minimum Lot Width | |
| Maximum Lot Depth |
|
| Minimum Yard Setbacks ***** |
|
| Front | |
| Rear | |
| Side | |
| Farm Outbuildings | |
| Maximum Ground Coverage |
|
| Maximum Building Height |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Sections INL#314-15(a)(1-3); INL#314-15(b)(1-6); INL#314-15(c)(1-6); INL#316-2.1(1-10); Ord. 2189, Sec. 1, 2/9/99)
7.2 AG: AGRICULTURE GENERAL ZONE ¶
The Agriculture General or AG Zone is intended to be applied in areas in which agriculture is the desirable predominant use and rural residential uses are secondary. The following regulations shall apply in all Agriculture General or AG Zones. (Former Section INL#31418 and INL#316-2.1(1-10; Ord. 1086, Sec. 6, 7/13/76; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Amended by Ord. 2189,Sec. 1, 2/9/99; Amended by Ord. 2214,6/6/00) |
||
| One(1)familydwellings and farm dwellings,accessorydwellingunits. | ||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Manufactured homes. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses, servants’ quarters, labor camps and labor supply camps (if unable to be principally permitted as small-scale or large-scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal feed lots and salesyards. | ||
| Agricultural and timberproductsprocessing plants. | ||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||
| Animal hospitals and kennels. | ||
| Golf courses.(Amended byOrd. | 2189,Sec. 1,2/9/99) |
|
| Private institutions and cemeteries. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AG Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| Other Regulations | ||
| --- | --- | |
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard | ||
| Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
| --- | --- | --- |
| Side | Six(6)feet. | |
| Farm Outbuildings | Farm outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. | 1086,Sec. 6, 7/13/76) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Section INL#314-18(a)(1-4); INL#314-18(b)(1-8); INL#314-18(c); INL#316-2.1(1-10))
7.3 FR: FORESTRY RECREATION ZONE ¶
The Forestry Recreation or FR Zone is intended to be applied to forested areas of the County in which timber production and recreation are the desirable predominant uses and agriculture is the secondary use, and in which protection of the timber and recreational lands is essential to the general welfare. The following regulations shall apply in all Forestry Recreation or FR Zones. (Former Section INL#314-7; Ord. 1086, Sec. 4, 7/13/76; Amended by Ord. 2166, Sec. 10, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-7.3 | FR: FORESTRY RECREATION | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings and farm dwellings. | |
| Accessorydwellingunits. | ||
| General agriculture,nurseries andgreenhouses,and roadside stands. | ||
| Public and private noncommercial recreational uses, including golf courses and public stables. |
||
| Social halls,fraternal and social organizations,and clubs. | ||
| Manufactured homes. | ||
| Uses Permitted With a Special Permit | ||
| Single-room occupancyfacilities. | ||
| Uses Permitted With a Use Permit | ||
| Hotels, motels, special occupancy parks and manufactured home parks. (Amended byOrd. 2166,Sec. 10, 4/7/98) |
||
| Two(2)familyand multiple dwellings. | ||
| Restaurants, food markets and automobile service stations, and commercial recreational facilities. |
||
| Agricultural and timberproductsprocessing plants. | ||
| Private institutions and cemeteries. | ||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal hospitals and kennels. | ||
| Wreckingand salvageyards. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the FR Zone. |
||
| 314-7.3 | FR: FORESTRY RECREATION | |
| --- | --- | --- |
| Other Regulations | ||
| Minimum Lot Area | One(1)acre. | |
| Minimum Lot Width |
Two hundred (200) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Twenty (20)feet. | |
| Side | Ten(10)feet. | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-7(a)(1-5); INL#314-7(b)(1-8); INL#314-7(c)(1-4); Amended by Ord. 2166, Sec. 10, 4/7/98)
7.4 TPZ: TIMBERLAND PRODUCTION ZONE ¶
The Timberland Production or TPZ Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber. (Former Section INL#314-10; and INL#314-11; Ord. 1099 Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88; Amended by Ord. 1907, Sec. 1, 8/21/90; Amended by Ord. 2166, Sec. 11, 4/7/98; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
314-7.4 TPZ: TIMBERLAND PRODUCTION Principal Permitted Uses
Growing and harvesting of timber and accessory uses compatible thereto. - Accessory agricultural uses and structures listed at Sections 314 43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Added by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
Principal Permitted Uses Compatible with Timber Production
The following accessory uses are deemed to be compatible with the growing and harvesting of timber provided they do not significantly detract from the use of the property for, or inhibit, growing and harvesting of timber: (Former Section INL#314-11) Management for watershed and wetland restoration.
Management for fish and wildlife habitat.
A use integrally related to the growing, harvesting and processing of forest products; including but not limited to roads, log landings, and log storage areas (portable chippers ” and portable sawmills are considered a part of “processing ).
The erection, construction, alteration, or maintenance of gas, electric, or water facilities. Grazing and other agricultural uses.
One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of
TPZ: TIMBERLAND PRODUCTION
314-7.4
Section 314-7.4.1.6, Special Restrictions Regarding Residences.
Temporary labor camps, less than one (1) year in duration, accessory to timber harvesting or planting operations.
Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. (Former Section INL#314-11(h); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 2, 8/21/90)
Uses Permitted With a Use Permit
Note: Permits authorized under this section cannot be approved if such use will significantly detract from the use of the property for, or inhibit, growing and harvesting of timber. (Former Section INL#314-10(b)(1-2); Ord. 1099, Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88, Amended by Ord. 1907, Sec. 1, 8/21/90, Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills, but not including a pulp mill.
Utilities and energy facilities: the erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. (Added by Ord. 2635, 8/27/19)
Public recreation and public access facilities. (Added by Ord. 2635, 8/27/19)
Oil and gas drilling and processing, metallic mining, surface mining. (Added by Ord. 2635, 8/27/19)
Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks, and similar recreational uses. (Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use. (Added by Ord. 2635, 8/27/19)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone.
7.4.1 Other TPZ Regulations. ¶
7.4.1.1Provisions of Article 1 “General Provisions” (Section 51100); Article 2 “Establishment of Timberland Production Zone” (Subsections 51110 and 51119.5); Article 3 “Rezoning” (Subsections 51120 and 51121); Article 4 “Immediate Rezoning” (Subsections 51130 through 51134); and Article 5 “Removal from Zone” (Subsections 51140 through 51146) of the Government Code of the State of California as it now reads, or may be hereafter amended, shall apply. (Former Section INL#314-12(a); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2An owner of real property may petition the Board of Supervisors to zone land as Timberland Production or TPZ Zone. The Board, by ordinance, after the recommendation of the Planning Commission pursuant to Section 51110.2 of the Government Code, and after public hearing, shall zone as a Timberland Production or TPZ Zone all parcels submitted to it by petition pursuant to Section 51113 which meet all of the following criteria: (Former Section INL#314-12(b))
7.4.1.2.1A map shall be prepared showing the legal description or the assessor’s parcel number of the property desired to be zoned Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(1))
7.4.1.2.2A plan (or a timber management guide) for forest management of the property must be prepared or approved as to content by a registered forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan. (Former Section INL#314-12(b)(2))
7.4.1.2.3The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the Board of Supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the
signing of such agreement. The agreement shall provide that if the parcel is subsequently zoned as Timberland Production or TPZ and fails to meet the stocking standards and forest practice rules within the time period, the Board of Supervisors shall rezone the parcel to another zone pursuant to Section 51113(c)(3) or 51121 of the Government Code. (Former Section INL#314-12(b)(3))
7.4.1.2.4The land to be rezoned Timberland Production or TPZ shall be in the ownership of one (1) person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of a single parcel or a unit of contiguous parcels as defined in Section 51104 of the Government Code, which is eighty (80) acres or one-half (1/2) of one-quarter (1/4) section in size or larger. (Former Section INL#314-12(b)(4))
7.4.1.2.5The land to be included in the Timberland Production or TPZ Zone shall be timberland as defined by Section 51104(f) of the Government Code. (Former Section INL#314-12(b)(5); Ord. 1126, Sec. 1, 3/12/77; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2.6The land shall be in compliance with the land use standards of the Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(6))
7.4.1.3Minimum parcel size:
7.4.1.3.1One hundred sixty (160) acres; or (Former Section INL#314-12(c)(1))
7.4.1.3.2Forty (40) acres if the provisions of Government Code Section 51119.5 are met. (Former Section INL#314-12(c)(2))
7.4.1.4 Special Subdivision Provisions For Mixed Zone Parcels. Parcels containing Timberland Production or TPZ zoned land may be subdivided below the minimum parcel size allowed pursuant to Section 314-7.4.1.3 where TPZ zoned land of a smaller size already exists and all of the following requirements are satisfied: (Former Section INL#314-12(d))
7.4.1.4.1TPZ zoned land within the parcel is not being divided or separated by the subdivision; and (Former Section INL#314-12(d)(1))
7.4.1.4.2Adequate access is available for timber management for the TPZ zoned land; and (Former Section INL#314-12(d)(2))
7.4.1.4.3A timber management guide for the TPZ zoned land approved by the County Forestry Review Committee has been submitted for the subdivision; provided, however, that such a timber management guide shall not be required if the subdivision is restricted to prohibit residential or other development from the TPZ portion of the parcel; and (Former Section INL#314-12(d)(3))
7.4.1.4.4The subdivision meets all other regulatory requirements applicable to subdivisions; and (Former Section INL#314-12(d)(4))
7.4.1.4.5The parcel in which the TPZ zoned land will be contained is no smaller than the minimum parcel size for the adjacent non-TPZ portion of the parcel. (Former Section INL#314-12(d)(5))
7.4.1.5Minimum yard setbacks*: (Former Section INL#314-12(e)(1-4))
7.4.1.5.1Front: twenty (20) feet;
7.4.1.5.2Side: thirty (30) feet;
7.4.1.5.3Rear: thirty (30) feet;
7.4.1.5.4For flag lots, the Director, in consultation with the Public Works Department, shall establish, in addition to a required minimum front yard setback, the minimum yard that is required for a vehicular turnaround on the parcel.
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.4.1.6 Special Restrictions Regarding Residences. ¶
7.4.1.6.1The total residential density shall not exceed one (1) dwelling unit per forty (40) acres. (Former Section INL#314-12(f)(1))
7.4.1.6.2Accessory dwelling units may be permitted on parcels greater than one hundred sixty (160) acres, and on parcels less than one hundred sixty (160) acres only in the area already converted, intended to be converted, or that does not meet the definition of timberlands.
7.4.1.6.3Parcels smaller than forty (40) acres shall not have second or accessory dwelling units, unless located within a community planning area. (Former Section INL#314-12(f)(2))
7.4.1.6.4Residences and the associated accessory structures and uses shall not exceed two (2) acres per parcel. (Former Section INL#314-12(f)(3))
7.5 TE: TIMBERLAND EXCLUSIVE ZONE ¶
The Timberland Exclusive or TE Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber on properties one hundred sixty (160) acres or larger in size planned Timberland on the General Plan Land Use
Map that is not zoned TPZ pursuant to Section 314-7.4 and the California Timberland Productivity Act of 1982, Government Code Section 51100 et seq.
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
|---|---|
| Principal Permitted Uses | |
| Growingand harvesting | of timber and accessoryuses compatible thereto. |
| Accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural AccessoryStructures). |
|
| One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of Section 314-7.4.1.6,Special Restrictions Regarding Residences. |
|
| Management for watershed and wetland restoration. | |
| Management for fish and wildlife habitat. | |
| A use integrally related to the growing, harvesting and processing of forest products, including but not imited to roads, log landings, and log storage areas (portable chippers andportable sawmills are considered apart of “processing”). |
|
| The erection, construction, alteration, or maintenance of gas, electric, or water facilities. |
|
| Grazingand other agricultural uses. | |
| Temporary labor camps, less than one (1) year in duration, accessory to timber harvestingorplantingoperations. |
|
| Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. |
|
| Cottage industry,subject to cottage industryregulations. | |
| Uses Permitted With a Use Permit | |
| Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills,but not includingapulpmill. |
|
| Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks,and similar recreational uses. |
|
| Timber-related visitor-serving: burl shops, timber museums, interpretive centers,etc.,which do not change the character of theprincipal use. |
|
| Public recreation andpublic access facilities. | |
| The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Oil andgas drillingandprocessing,metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the TE Zone. |
|
| Other Regulations | |
| Minimum Lot Area | Forty (40)acres. |
| Minimum Lot Width |
One hundred (100) feet. |
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use.
Public recreation and public access facilities.
The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities.
Oil and gas drilling and processing, metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TE Zone.
Other Regulations
| Minimum Lot Area | Forty (40)acres. |
|---|---|
| Minimum Lot Width |
One hundred (100) feet. |
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
| --- | --- |
| Maximum Lot Depth |
(None specified.) |
| Minimum Yard Setbacks ***** |
|
| Front | Thirty (30)feet; |
| Rear | Twenty (20)feet; |
| Side | Ten percent (10%) of the lot width on each side but not more than twenty (20)feet shall be required. |
| Outbuildings | Outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.6 TL: TRIBAL LANDS ¶
The Tribal Lands or TL Zone is intended to implement the Tribal Lands (TL) and the Tribal Trust Lands (TTL) Land Use Designations contained in General Plan Land Use Element Section 4.8, Land Use Designations. The TL Zone is intended to be applied to land planned as Tribal Trust Land (TTL) or land located on Native American reservations and rancherias that is not zoned TPZ and is identified as Tribal Lands (TL) on the General Plan Land Use Map.
7.6.1 TL Regulations. ¶
7.6.1.1 Jurisdiction. ¶
7.6.1.1.1The County does not have land use jurisdiction over land within a reservation or rancheria held in trust by the Federal government for a tribe or its members, or owned in fee by the tribe or by members of the tribe.
7.6.1.1.2The County may have land use jurisdiction over land owned in fee by nontribal members within the boundaries of a rancheria or reservation, except land owned in fee by nontribal members within the boundaries of the Hoopa Reservation.
7.6.1.1.3Applicants for land use and permit approvals for land zoned TL may be requested to provide additional information to allow the County to determine if the County has land use jurisdiction.
7.6.1.1.4In the event the County has land use jurisdiction, the Planning and Building Department shall (1) notify the tribal government of the application, (2) determine if the tribal government has an adopted land use plan, and (3) the County shall refer the project to and engage with the tribal government for comment prior to approval.
7.6.1.2 Adopted Tribal Land Use Plan. If the tribal government has an adopted land use plan, this plan shall be used by the County as policy guidance for all land use and permit approvals.
7.6.1.3 Applications for Land Use and Permit Approvals within Urbanized Areas. For land use and permit approvals on land zoned TL within or adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size less than two and one-half (2-1/2) acres) in Section 314-6.6.
7.6.1.4 Applications for Land Use and Permit Approvals Outside of Urbanized Areas. For land use and permit approvals on land zoned TL outside and not adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size two and one-half (2-1/2) acres or greater) in Section 314-6.6.
7.6.1.5 Subdivisions. ¶
7.6.1.5.1Subdivisions of land zoned TL within urbanized areas shall have a maximum residential density of one (1) acre per dwelling unit.
7.6.1.5.2Subdivisions of land zoned TL outside urbanized areas shall have a maximum residential density of maximum residential density of forty (40) acres per dwelling unit.
7.6.1.5.3Policies relating to rural lands contained in General Plan Section 4.4, Rural Lands, shall apply to all subdivisions of land zoned TL. (Ord. 2629, § 5, 6/11/2019; Ord. 2635, §§ 2, 3, 5, 8/27/2019; Ord. 2678, § 5, 7/13/2021; Ord. 2703, § 3, 11/29/2022; Ord. 2781, § 3, 1/13/2026)
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7.1 AE: AGRICULTURE EXCLUSIVE ZONE ¶
The Agriculture Exclusive or AE Zone is intended to be applied in fertile areas in which agriculture is and should be the desirable predominant use and in which the protection of this use from encroachment from incompatible uses is essential to the general welfare. The following regulations shall apply in all Agriculture Exclusive or AE Zones. (Former Section INL#314-15; Ord. 1085, Sec. 5, 7/13/76; Amended by Ord. 1848, Sec. 8, 9/13/88; Amended by Ord. 2214, 6/6/00)
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | |
|---|---|---|---|---|
| Principal Permitted Uses | ||||
| All general agricultural uses, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures), except those specified in the following subsection, Uses Permitted With a Use Permit. (Amended byOrd. 2189,Sec. 1,2/9/99;Amended byOrd. 2214,6/6/00) |
||||
| Timberproduction. | ||||
| Single-familyresidence. | ||||
| Accessory dwelling unit. On lots forty (40) acres or larger in size, two (2) single detached dwellings are permitted within the same contiguous two (2) acre building envelope containing the primary residence. (Amended byOrd. 1949,Sec. 1,12/4/91;Amended byOrd. 2189,Sec. 1,2/9/99) |
||||
| Manufactured homes. | ||||
| Uses Permitted With a Use Permit | ||||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||||
| Aquaculture. | ||||
| Animal feedyards and salesyards. | ||||
| Agricultural and timberproductsprocessing plants. | ||||
| Agriculture-related recreation,resource-related recreation. | ||||
| Agriculture-related visitor-serving: cheese factories and sales rooms, wineries and wine tasting and sales rooms, produce sales, etc., which do not change the character of theprincipal use. |
||||
| Public recreation andpublic access facilities. | ||||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||||
| Animal hospitals. | ||||
| Stables and kennels. | ||||
| Farm employee housing, labor camps and labor supply camps (Table 4-G in the General Plan), (if unable to be principally permitted as small-scale or large- scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||||
| Fish and wildlife habitat management, watershed management, wetland restoration. |
AE: AGRICULTURE EXCLUSIVE
314-7.1
Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. Metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone.
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE |
|---|---|
| Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AE Zone. |
|
| Other Regulations | |
| No Subdivisions | Subdivisions may only be approved by official map, record of survey or recorded subdivision, for the managed production of resources, where parcels are subject to a binding and recorded restriction prohibiting the development of residential structures or residential accessorystructures. |
| Agricultural Land Conversion |
Conditionally permitted uses that would convert zoned agriculture exclusive or AE Zone land to nonagricultural uses shall not be approved unless the Planning Commission makes the following findings: A. There are no feasible alternatives that would prevent or minimize conversion; B. The facts support an overriding public interest in the conversion; and C. For lands outside of designated urban development boundaries, sufficient off-setting mitigation has been provided to prevent a net reduction in the agricultural land base and agricultural production. This requirement shall be known as the “no net loss” agricultural lands policy. “No net loss” mitigation is limited to one (1) or more of the following: 1. Replanning of vacant agricultural lands from a nonagricultural land use designation to an agricultural plan designation along with the recordation of a permanent conservation easement on this land for continued agricultural use; or 2. The retirement of nonagricultural uses on lands planned for agriculture and recordation of a permanent conservation easement on this land for continued agricultural use; or 3. Financial contribution to an agricultural land fund in an amount sufficient to fully offset the agricultural land conversion for those uses enumerated in subsections (C)(1) and (C)(2). The operational details of the land fund, including the process for setting the |
| 314-7.1 | |
| --- | --- |
| Conversion of Prime Agricultural Land |
|
| Minimum Lot Area | |
| Minimum Lot Width | |
| Maximum Lot Depth |
|
| Minimum Yard Setbacks ***** |
|
| Front | |
| Rear | |
| Side | |
| Farm Outbuildings | |
| Maximum Ground Coverage |
|
| Maximum Building Height |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Sections INL#314-15(a)(1-3); INL#314-15(b)(1-6); INL#314-15(c)(1-6); INL#316-2.1(1-10); Ord. 2189, Sec. 1, 2/9/99)
7.2 AG: AGRICULTURE GENERAL ZONE ¶
The Agriculture General or AG Zone is intended to be applied in areas in which agriculture is the desirable predominant use and rural residential uses are secondary. The following regulations shall apply in all Agriculture General or AG Zones. (Former Section INL#31418 and INL#316-2.1(1-10; Ord. 1086, Sec. 6, 7/13/76; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Amended by Ord. 2189,Sec. 1, 2/9/99; Amended by Ord. 2214,6/6/00) |
||
| One(1)familydwellings and farm dwellings,accessorydwellingunits. | ||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Manufactured homes. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses, servants’ quarters, labor camps and labor supply camps (if unable to be principally permitted as small-scale or large-scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal feed lots and salesyards. | ||
| Agricultural and timberproductsprocessing plants. | ||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||
| Animal hospitals and kennels. | ||
| Golf courses.(Amended byOrd. | 2189,Sec. 1,2/9/99) |
|
| Private institutions and cemeteries. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AG Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| Other Regulations | ||
| --- | --- | |
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard | ||
| Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
| --- | --- | --- |
| Side | Six(6)feet. | |
| Farm Outbuildings | Farm outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. | 1086,Sec. 6, 7/13/76) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Section INL#314-18(a)(1-4); INL#314-18(b)(1-8); INL#314-18(c); INL#316-2.1(1-10))
7.3 FR: FORESTRY RECREATION ZONE ¶
The Forestry Recreation or FR Zone is intended to be applied to forested areas of the County in which timber production and recreation are the desirable predominant uses and agriculture is the secondary use, and in which protection of the timber and recreational lands is essential to the general welfare. The following regulations shall apply in all Forestry Recreation or FR Zones. (Former Section INL#314-7; Ord. 1086, Sec. 4, 7/13/76; Amended by Ord. 2166, Sec. 10, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-7.3 | FR: FORESTRY RECREATION | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings and farm dwellings. | |
| Accessorydwellingunits. | ||
| General agriculture,nurseries andgreenhouses,and roadside stands. | ||
| Public and private noncommercial recreational uses, including golf courses and public stables. |
||
| Social halls,fraternal and social organizations,and clubs. | ||
| Manufactured homes. | ||
| Uses Permitted With a Special Permit | ||
| Single-room occupancyfacilities. | ||
| Uses Permitted With a Use Permit | ||
| Hotels, motels, special occupancy parks and manufactured home parks. (Amended byOrd. 2166,Sec. 10, 4/7/98) |
||
| Two(2)familyand multiple dwellings. | ||
| Restaurants, food markets and automobile service stations, and commercial recreational facilities. |
||
| Agricultural and timberproductsprocessing plants. | ||
| Private institutions and cemeteries. | ||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal hospitals and kennels. | ||
| Wreckingand salvageyards. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the FR Zone. |
||
| 314-7.3 | FR: FORESTRY RECREATION | |
| --- | --- | --- |
| Other Regulations | ||
| Minimum Lot Area | One(1)acre. | |
| Minimum Lot Width |
Two hundred (200) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Twenty (20)feet. | |
| Side | Ten(10)feet. | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-7(a)(1-5); INL#314-7(b)(1-8); INL#314-7(c)(1-4); Amended by Ord. 2166, Sec. 10, 4/7/98)
7.4 TPZ: TIMBERLAND PRODUCTION ZONE ¶
The Timberland Production or TPZ Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber. (Former Section INL#314-10; and INL#314-11; Ord. 1099 Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88; Amended by Ord. 1907, Sec. 1, 8/21/90; Amended by Ord. 2166, Sec. 11, 4/7/98; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
314-7.4 TPZ: TIMBERLAND PRODUCTION Principal Permitted Uses
Growing and harvesting of timber and accessory uses compatible thereto. - Accessory agricultural uses and structures listed at Sections 314 43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Added by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
Principal Permitted Uses Compatible with Timber Production
The following accessory uses are deemed to be compatible with the growing and harvesting of timber provided they do not significantly detract from the use of the property for, or inhibit, growing and harvesting of timber: (Former Section INL#314-11) Management for watershed and wetland restoration.
Management for fish and wildlife habitat.
A use integrally related to the growing, harvesting and processing of forest products; including but not limited to roads, log landings, and log storage areas (portable chippers ” and portable sawmills are considered a part of “processing ).
The erection, construction, alteration, or maintenance of gas, electric, or water facilities. Grazing and other agricultural uses.
One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of
TPZ: TIMBERLAND PRODUCTION
314-7.4
Section 314-7.4.1.6, Special Restrictions Regarding Residences.
Temporary labor camps, less than one (1) year in duration, accessory to timber harvesting or planting operations.
Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. (Former Section INL#314-11(h); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 2, 8/21/90)
Uses Permitted With a Use Permit
Note: Permits authorized under this section cannot be approved if such use will significantly detract from the use of the property for, or inhibit, growing and harvesting of timber. (Former Section INL#314-10(b)(1-2); Ord. 1099, Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88, Amended by Ord. 1907, Sec. 1, 8/21/90, Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills, but not including a pulp mill.
Utilities and energy facilities: the erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. (Added by Ord. 2635, 8/27/19)
Public recreation and public access facilities. (Added by Ord. 2635, 8/27/19)
Oil and gas drilling and processing, metallic mining, surface mining. (Added by Ord. 2635, 8/27/19)
Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks, and similar recreational uses. (Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use. (Added by Ord. 2635, 8/27/19)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone.
7.4.1 Other TPZ Regulations. ¶
7.4.1.1Provisions of Article 1 “General Provisions” (Section 51100); Article 2 “Establishment of Timberland Production Zone” (Subsections 51110 and 51119.5); Article 3 “Rezoning” (Subsections 51120 and 51121); Article 4 “Immediate Rezoning” (Subsections 51130 through 51134); and Article 5 “Removal from Zone” (Subsections 51140 through 51146) of the Government Code of the State of California as it now reads, or may be hereafter amended, shall apply. (Former Section INL#314-12(a); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2An owner of real property may petition the Board of Supervisors to zone land as Timberland Production or TPZ Zone. The Board, by ordinance, after the recommendation of the Planning Commission pursuant to Section 51110.2 of the Government Code, and after public hearing, shall zone as a Timberland Production or TPZ Zone all parcels submitted to it by petition pursuant to Section 51113 which meet all of the following criteria: (Former Section INL#314-12(b))
7.4.1.2.1A map shall be prepared showing the legal description or the assessor’s parcel number of the property desired to be zoned Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(1))
7.4.1.2.2A plan (or a timber management guide) for forest management of the property must be prepared or approved as to content by a registered forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan. (Former Section INL#314-12(b)(2))
7.4.1.2.3The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the Board of Supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the
signing of such agreement. The agreement shall provide that if the parcel is subsequently zoned as Timberland Production or TPZ and fails to meet the stocking standards and forest practice rules within the time period, the Board of Supervisors shall rezone the parcel to another zone pursuant to Section 51113(c)(3) or 51121 of the Government Code. (Former Section INL#314-12(b)(3))
7.4.1.2.4The land to be rezoned Timberland Production or TPZ shall be in the ownership of one (1) person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of a single parcel or a unit of contiguous parcels as defined in Section 51104 of the Government Code, which is eighty (80) acres or one-half (1/2) of one-quarter (1/4) section in size or larger. (Former Section INL#314-12(b)(4))
7.4.1.2.5The land to be included in the Timberland Production or TPZ Zone shall be timberland as defined by Section 51104(f) of the Government Code. (Former Section INL#314-12(b)(5); Ord. 1126, Sec. 1, 3/12/77; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2.6The land shall be in compliance with the land use standards of the Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(6))
7.4.1.3Minimum parcel size:
7.4.1.3.1One hundred sixty (160) acres; or (Former Section INL#314-12(c)(1))
7.4.1.3.2Forty (40) acres if the provisions of Government Code Section 51119.5 are met. (Former Section INL#314-12(c)(2))
7.4.1.4 Special Subdivision Provisions For Mixed Zone Parcels. Parcels containing Timberland Production or TPZ zoned land may be subdivided below the minimum parcel size allowed pursuant to Section 314-7.4.1.3 where TPZ zoned land of a smaller size already exists and all of the following requirements are satisfied: (Former Section INL#314-12(d))
7.4.1.4.1TPZ zoned land within the parcel is not being divided or separated by the subdivision; and (Former Section INL#314-12(d)(1))
7.4.1.4.2Adequate access is available for timber management for the TPZ zoned land; and (Former Section INL#314-12(d)(2))
7.4.1.4.3A timber management guide for the TPZ zoned land approved by the County Forestry Review Committee has been submitted for the subdivision; provided, however, that such a timber management guide shall not be required if the subdivision is restricted to prohibit residential or other development from the TPZ portion of the parcel; and (Former Section INL#314-12(d)(3))
7.4.1.4.4The subdivision meets all other regulatory requirements applicable to subdivisions; and (Former Section INL#314-12(d)(4))
7.4.1.4.5The parcel in which the TPZ zoned land will be contained is no smaller than the minimum parcel size for the adjacent non-TPZ portion of the parcel. (Former Section INL#314-12(d)(5))
7.4.1.5Minimum yard setbacks*: (Former Section INL#314-12(e)(1-4))
7.4.1.5.1Front: twenty (20) feet;
7.4.1.5.2Side: thirty (30) feet;
7.4.1.5.3Rear: thirty (30) feet;
7.4.1.5.4For flag lots, the Director, in consultation with the Public Works Department, shall establish, in addition to a required minimum front yard setback, the minimum yard that is required for a vehicular turnaround on the parcel.
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.4.1.6 Special Restrictions Regarding Residences. ¶
7.4.1.6.1The total residential density shall not exceed one (1) dwelling unit per forty (40) acres. (Former Section INL#314-12(f)(1))
7.4.1.6.2Accessory dwelling units may be permitted on parcels greater than one hundred sixty (160) acres, and on parcels less than one hundred sixty (160) acres only in the area already converted, intended to be converted, or that does not meet the definition of timberlands.
7.4.1.6.3Parcels smaller than forty (40) acres shall not have second or accessory dwelling units, unless located within a community planning area. (Former Section INL#314-12(f)(2))
7.4.1.6.4Residences and the associated accessory structures and uses shall not exceed two (2) acres per parcel. (Former Section INL#314-12(f)(3))
7.5 TE: TIMBERLAND EXCLUSIVE ZONE ¶
The Timberland Exclusive or TE Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber on properties one hundred sixty (160) acres or larger in size planned Timberland on the General Plan Land Use
Map that is not zoned TPZ pursuant to Section 314-7.4 and the California Timberland Productivity Act of 1982, Government Code Section 51100 et seq.
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
|---|---|
| Principal Permitted Uses | |
| Growingand harvesting | of timber and accessoryuses compatible thereto. |
| Accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural AccessoryStructures). |
|
| One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of Section 314-7.4.1.6,Special Restrictions Regarding Residences. |
|
| Management for watershed and wetland restoration. | |
| Management for fish and wildlife habitat. | |
| A use integrally related to the growing, harvesting and processing of forest products, including but not imited to roads, log landings, and log storage areas (portable chippers andportable sawmills are considered apart of “processing”). |
|
| The erection, construction, alteration, or maintenance of gas, electric, or water facilities. |
|
| Grazingand other agricultural uses. | |
| Temporary labor camps, less than one (1) year in duration, accessory to timber harvestingorplantingoperations. |
|
| Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. |
|
| Cottage industry,subject to cottage industryregulations. | |
| Uses Permitted With a Use Permit | |
| Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills,but not includingapulpmill. |
|
| Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks,and similar recreational uses. |
|
| Timber-related visitor-serving: burl shops, timber museums, interpretive centers,etc.,which do not change the character of theprincipal use. |
|
| Public recreation andpublic access facilities. | |
| The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Oil andgas drillingandprocessing,metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the TE Zone. |
|
| Other Regulations | |
| Minimum Lot Area | Forty (40)acres. |
| Minimum Lot Width |
One hundred (100) feet. |
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use.
Public recreation and public access facilities.
The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities.
Oil and gas drilling and processing, metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TE Zone.
Other Regulations
| Minimum Lot Area | Forty (40)acres. |
|---|---|
| Minimum Lot Width |
One hundred (100) feet. |
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
| --- | --- |
| Maximum Lot Depth |
(None specified.) |
| Minimum Yard Setbacks ***** |
|
| Front | Thirty (30)feet; |
| Rear | Twenty (20)feet; |
| Side | Ten percent (10%) of the lot width on each side but not more than twenty (20)feet shall be required. |
| Outbuildings | Outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.6 TL: TRIBAL LANDS ¶
The Tribal Lands or TL Zone is intended to implement the Tribal Lands (TL) and the Tribal Trust Lands (TTL) Land Use Designations contained in General Plan Land Use Element Section 4.8, Land Use Designations. The TL Zone is intended to be applied to land planned as Tribal Trust Land (TTL) or land located on Native American reservations and rancherias that is not zoned TPZ and is identified as Tribal Lands (TL) on the General Plan Land Use Map.
7.6.1 TL Regulations. ¶
7.6.1.1 Jurisdiction. ¶
7.6.1.1.1The County does not have land use jurisdiction over land within a reservation or rancheria held in trust by the Federal government for a tribe or its members, or owned in fee by the tribe or by members of the tribe.
7.6.1.1.2The County may have land use jurisdiction over land owned in fee by nontribal members within the boundaries of a rancheria or reservation, except land owned in fee by nontribal members within the boundaries of the Hoopa Reservation.
7.6.1.1.3Applicants for land use and permit approvals for land zoned TL may be requested to provide additional information to allow the County to determine if the County has land use jurisdiction.
7.6.1.1.4In the event the County has land use jurisdiction, the Planning and Building Department shall (1) notify the tribal government of the application, (2) determine if the tribal government has an adopted land use plan, and (3) the County shall refer the project to and engage with the tribal government for comment prior to approval.
7.6.1.2 Adopted Tribal Land Use Plan. If the tribal government has an adopted land use plan, this plan shall be used by the County as policy guidance for all land use and permit approvals.
7.6.1.3 Applications for Land Use and Permit Approvals within Urbanized Areas. For land use and permit approvals on land zoned TL within or adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size less than two and one-half (2-1/2) acres) in Section 314-6.6.
7.6.1.4 Applications for Land Use and Permit Approvals Outside of Urbanized Areas. For land use and permit approvals on land zoned TL outside and not adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size two and one-half (2-1/2) acres or greater) in Section 314-6.6.
7.6.1.5 Subdivisions. ¶
7.6.1.5.1Subdivisions of land zoned TL within urbanized areas shall have a maximum residential density of one (1) acre per dwelling unit.
7.6.1.5.2Subdivisions of land zoned TL outside urbanized areas shall have a maximum residential density of maximum residential density of forty (40) acres per dwelling unit.
7.6.1.5.3Policies relating to rural lands contained in General Plan Section 4.4, Rural Lands, shall apply to all subdivisions of land zoned TL. (Ord. 2629, § 5, 6/11/2019; Ord. 2635, §§ 2, 3, 5, 8/27/2019; Ord. 2678, § 5, 7/13/2021; Ord. 2703, § 3, 11/29/2022; Ord. 2781, § 3, 1/13/2026)
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7.1 AE: AGRICULTURE EXCLUSIVE ZONE ¶
The Agriculture Exclusive or AE Zone is intended to be applied in fertile areas in which agriculture is and should be the desirable predominant use and in which the protection of this use from encroachment from incompatible uses is essential to the general welfare. The following regulations shall apply in all Agriculture Exclusive or AE Zones. (Former Section INL#314-15; Ord. 1085, Sec. 5, 7/13/76; Amended by Ord. 1848, Sec. 8, 9/13/88; Amended by Ord. 2214, 6/6/00)
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | |
|---|---|---|---|---|
| Principal Permitted Uses | ||||
| All general agricultural uses, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures), except those specified in the following subsection, Uses Permitted With a Use Permit. (Amended byOrd. 2189,Sec. 1,2/9/99;Amended byOrd. 2214,6/6/00) |
||||
| Timberproduction. | ||||
| Single-familyresidence. | ||||
| Accessory dwelling unit. On lots forty (40) acres or larger in size, two (2) single detached dwellings are permitted within the same contiguous two (2) acre building envelope containing the primary residence. (Amended byOrd. 1949,Sec. 1,12/4/91;Amended byOrd. 2189,Sec. 1,2/9/99) |
||||
| Manufactured homes. | ||||
| Uses Permitted With a Use Permit | ||||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||||
| Aquaculture. | ||||
| Animal feedyards and salesyards. | ||||
| Agricultural and timberproductsprocessing plants. | ||||
| Agriculture-related recreation,resource-related recreation. | ||||
| Agriculture-related visitor-serving: cheese factories and sales rooms, wineries and wine tasting and sales rooms, produce sales, etc., which do not change the character of theprincipal use. |
||||
| Public recreation andpublic access facilities. | ||||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||||
| Animal hospitals. | ||||
| Stables and kennels. | ||||
| Farm employee housing, labor camps and labor supply camps (Table 4-G in the General Plan), (if unable to be principally permitted as small-scale or large- scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||||
| Fish and wildlife habitat management, watershed management, wetland restoration. |
AE: AGRICULTURE EXCLUSIVE
314-7.1
Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. Metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone.
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE |
|---|---|
| Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AE Zone. |
|
| Other Regulations | |
| No Subdivisions | Subdivisions may only be approved by official map, record of survey or recorded subdivision, for the managed production of resources, where parcels are subject to a binding and recorded restriction prohibiting the development of residential structures or residential accessorystructures. |
| Agricultural Land Conversion |
Conditionally permitted uses that would convert zoned agriculture exclusive or AE Zone land to nonagricultural uses shall not be approved unless the Planning Commission makes the following findings: A. There are no feasible alternatives that would prevent or minimize conversion; B. The facts support an overriding public interest in the conversion; and C. For lands outside of designated urban development boundaries, sufficient off-setting mitigation has been provided to prevent a net reduction in the agricultural land base and agricultural production. This requirement shall be known as the “no net loss” agricultural lands policy. “No net loss” mitigation is limited to one (1) or more of the following: 1. Replanning of vacant agricultural lands from a nonagricultural land use designation to an agricultural plan designation along with the recordation of a permanent conservation easement on this land for continued agricultural use; or 2. The retirement of nonagricultural uses on lands planned for agriculture and recordation of a permanent conservation easement on this land for continued agricultural use; or 3. Financial contribution to an agricultural land fund in an amount sufficient to fully offset the agricultural land conversion for those uses enumerated in subsections (C)(1) and (C)(2). The operational details of the land fund, including the process for setting the |
| 314-7.1 | |
| --- | --- |
| Conversion of Prime Agricultural Land |
|
| Minimum Lot Area | |
| Minimum Lot Width | |
| Maximum Lot Depth |
|
| Minimum Yard Setbacks ***** |
|
| Front | |
| Rear | |
| Side | |
| Farm Outbuildings | |
| Maximum Ground Coverage |
|
| Maximum Building Height |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Sections INL#314-15(a)(1-3); INL#314-15(b)(1-6); INL#314-15(c)(1-6); INL#316-2.1(1-10); Ord. 2189, Sec. 1, 2/9/99)
7.2 AG: AGRICULTURE GENERAL ZONE ¶
The Agriculture General or AG Zone is intended to be applied in areas in which agriculture is the desirable predominant use and rural residential uses are secondary. The following regulations shall apply in all Agriculture General or AG Zones. (Former Section INL#31418 and INL#316-2.1(1-10; Ord. 1086, Sec. 6, 7/13/76; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Amended by Ord. 2189,Sec. 1, 2/9/99; Amended by Ord. 2214,6/6/00) |
||
| One(1)familydwellings and farm dwellings,accessorydwellingunits. | ||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Manufactured homes. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses, servants’ quarters, labor camps and labor supply camps (if unable to be principally permitted as small-scale or large-scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal feed lots and salesyards. | ||
| Agricultural and timberproductsprocessing plants. | ||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||
| Animal hospitals and kennels. | ||
| Golf courses.(Amended byOrd. | 2189,Sec. 1,2/9/99) |
|
| Private institutions and cemeteries. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AG Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| Other Regulations | ||
| --- | --- | |
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard | ||
| Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
| --- | --- | --- |
| Side | Six(6)feet. | |
| Farm Outbuildings | Farm outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. | 1086,Sec. 6, 7/13/76) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Section INL#314-18(a)(1-4); INL#314-18(b)(1-8); INL#314-18(c); INL#316-2.1(1-10))
7.3 FR: FORESTRY RECREATION ZONE ¶
The Forestry Recreation or FR Zone is intended to be applied to forested areas of the County in which timber production and recreation are the desirable predominant uses and agriculture is the secondary use, and in which protection of the timber and recreational lands is essential to the general welfare. The following regulations shall apply in all Forestry Recreation or FR Zones. (Former Section INL#314-7; Ord. 1086, Sec. 4, 7/13/76; Amended by Ord. 2166, Sec. 10, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-7.3 | FR: FORESTRY RECREATION | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings and farm dwellings. | |
| Accessorydwellingunits. | ||
| General agriculture,nurseries andgreenhouses,and roadside stands. | ||
| Public and private noncommercial recreational uses, including golf courses and public stables. |
||
| Social halls,fraternal and social organizations,and clubs. | ||
| Manufactured homes. | ||
| Uses Permitted With a Special Permit | ||
| Single-room occupancyfacilities. | ||
| Uses Permitted With a Use Permit | ||
| Hotels, motels, special occupancy parks and manufactured home parks. (Amended byOrd. 2166,Sec. 10, 4/7/98) |
||
| Two(2)familyand multiple dwellings. | ||
| Restaurants, food markets and automobile service stations, and commercial recreational facilities. |
||
| Agricultural and timberproductsprocessing plants. | ||
| Private institutions and cemeteries. | ||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal hospitals and kennels. | ||
| Wreckingand salvageyards. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the FR Zone. |
||
| 314-7.3 | FR: FORESTRY RECREATION | |
| --- | --- | --- |
| Other Regulations | ||
| Minimum Lot Area | One(1)acre. | |
| Minimum Lot Width |
Two hundred (200) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Twenty (20)feet. | |
| Side | Ten(10)feet. | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-7(a)(1-5); INL#314-7(b)(1-8); INL#314-7(c)(1-4); Amended by Ord. 2166, Sec. 10, 4/7/98)
7.4 TPZ: TIMBERLAND PRODUCTION ZONE ¶
The Timberland Production or TPZ Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber. (Former Section INL#314-10; and INL#314-11; Ord. 1099 Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88; Amended by Ord. 1907, Sec. 1, 8/21/90; Amended by Ord. 2166, Sec. 11, 4/7/98; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
314-7.4 TPZ: TIMBERLAND PRODUCTION Principal Permitted Uses
Growing and harvesting of timber and accessory uses compatible thereto. - Accessory agricultural uses and structures listed at Sections 314 43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Added by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
Principal Permitted Uses Compatible with Timber Production
The following accessory uses are deemed to be compatible with the growing and harvesting of timber provided they do not significantly detract from the use of the property for, or inhibit, growing and harvesting of timber: (Former Section INL#314-11) Management for watershed and wetland restoration.
Management for fish and wildlife habitat.
A use integrally related to the growing, harvesting and processing of forest products; including but not limited to roads, log landings, and log storage areas (portable chippers ” and portable sawmills are considered a part of “processing ).
The erection, construction, alteration, or maintenance of gas, electric, or water facilities. Grazing and other agricultural uses.
One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of
TPZ: TIMBERLAND PRODUCTION
314-7.4
Section 314-7.4.1.6, Special Restrictions Regarding Residences.
Temporary labor camps, less than one (1) year in duration, accessory to timber harvesting or planting operations.
Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. (Former Section INL#314-11(h); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 2, 8/21/90)
Uses Permitted With a Use Permit
Note: Permits authorized under this section cannot be approved if such use will significantly detract from the use of the property for, or inhibit, growing and harvesting of timber. (Former Section INL#314-10(b)(1-2); Ord. 1099, Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88, Amended by Ord. 1907, Sec. 1, 8/21/90, Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills, but not including a pulp mill.
Utilities and energy facilities: the erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. (Added by Ord. 2635, 8/27/19)
Public recreation and public access facilities. (Added by Ord. 2635, 8/27/19)
Oil and gas drilling and processing, metallic mining, surface mining. (Added by Ord. 2635, 8/27/19)
Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks, and similar recreational uses. (Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use. (Added by Ord. 2635, 8/27/19)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone.
7.4.1 Other TPZ Regulations. ¶
7.4.1.1Provisions of Article 1 “General Provisions” (Section 51100); Article 2 “Establishment of Timberland Production Zone” (Subsections 51110 and 51119.5); Article 3 “Rezoning” (Subsections 51120 and 51121); Article 4 “Immediate Rezoning” (Subsections 51130 through 51134); and Article 5 “Removal from Zone” (Subsections 51140 through 51146) of the Government Code of the State of California as it now reads, or may be hereafter amended, shall apply. (Former Section INL#314-12(a); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2An owner of real property may petition the Board of Supervisors to zone land as Timberland Production or TPZ Zone. The Board, by ordinance, after the recommendation of the Planning Commission pursuant to Section 51110.2 of the Government Code, and after public hearing, shall zone as a Timberland Production or TPZ Zone all parcels submitted to it by petition pursuant to Section 51113 which meet all of the following criteria: (Former Section INL#314-12(b))
7.4.1.2.1A map shall be prepared showing the legal description or the assessor’s parcel number of the property desired to be zoned Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(1))
7.4.1.2.2A plan (or a timber management guide) for forest management of the property must be prepared or approved as to content by a registered forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan. (Former Section INL#314-12(b)(2))
7.4.1.2.3The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the Board of Supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the
signing of such agreement. The agreement shall provide that if the parcel is subsequently zoned as Timberland Production or TPZ and fails to meet the stocking standards and forest practice rules within the time period, the Board of Supervisors shall rezone the parcel to another zone pursuant to Section 51113(c)(3) or 51121 of the Government Code. (Former Section INL#314-12(b)(3))
7.4.1.2.4The land to be rezoned Timberland Production or TPZ shall be in the ownership of one (1) person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of a single parcel or a unit of contiguous parcels as defined in Section 51104 of the Government Code, which is eighty (80) acres or one-half (1/2) of one-quarter (1/4) section in size or larger. (Former Section INL#314-12(b)(4))
7.4.1.2.5The land to be included in the Timberland Production or TPZ Zone shall be timberland as defined by Section 51104(f) of the Government Code. (Former Section INL#314-12(b)(5); Ord. 1126, Sec. 1, 3/12/77; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2.6The land shall be in compliance with the land use standards of the Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(6))
7.4.1.3Minimum parcel size:
7.4.1.3.1One hundred sixty (160) acres; or (Former Section INL#314-12(c)(1))
7.4.1.3.2Forty (40) acres if the provisions of Government Code Section 51119.5 are met. (Former Section INL#314-12(c)(2))
7.4.1.4 Special Subdivision Provisions For Mixed Zone Parcels. Parcels containing Timberland Production or TPZ zoned land may be subdivided below the minimum parcel size allowed pursuant to Section 314-7.4.1.3 where TPZ zoned land of a smaller size already exists and all of the following requirements are satisfied: (Former Section INL#314-12(d))
7.4.1.4.1TPZ zoned land within the parcel is not being divided or separated by the subdivision; and (Former Section INL#314-12(d)(1))
7.4.1.4.2Adequate access is available for timber management for the TPZ zoned land; and (Former Section INL#314-12(d)(2))
7.4.1.4.3A timber management guide for the TPZ zoned land approved by the County Forestry Review Committee has been submitted for the subdivision; provided, however, that such a timber management guide shall not be required if the subdivision is restricted to prohibit residential or other development from the TPZ portion of the parcel; and (Former Section INL#314-12(d)(3))
7.4.1.4.4The subdivision meets all other regulatory requirements applicable to subdivisions; and (Former Section INL#314-12(d)(4))
7.4.1.4.5The parcel in which the TPZ zoned land will be contained is no smaller than the minimum parcel size for the adjacent non-TPZ portion of the parcel. (Former Section INL#314-12(d)(5))
7.4.1.5Minimum yard setbacks*: (Former Section INL#314-12(e)(1-4))
7.4.1.5.1Front: twenty (20) feet;
7.4.1.5.2Side: thirty (30) feet;
7.4.1.5.3Rear: thirty (30) feet;
7.4.1.5.4For flag lots, the Director, in consultation with the Public Works Department, shall establish, in addition to a required minimum front yard setback, the minimum yard that is required for a vehicular turnaround on the parcel.
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.4.1.6 Special Restrictions Regarding Residences. ¶
7.4.1.6.1The total residential density shall not exceed one (1) dwelling unit per forty (40) acres. (Former Section INL#314-12(f)(1))
7.4.1.6.2Accessory dwelling units may be permitted on parcels greater than one hundred sixty (160) acres, and on parcels less than one hundred sixty (160) acres only in the area already converted, intended to be converted, or that does not meet the definition of timberlands.
7.4.1.6.3Parcels smaller than forty (40) acres shall not have second or accessory dwelling units, unless located within a community planning area. (Former Section INL#314-12(f)(2))
7.4.1.6.4Residences and the associated accessory structures and uses shall not exceed two (2) acres per parcel. (Former Section INL#314-12(f)(3))
7.5 TE: TIMBERLAND EXCLUSIVE ZONE ¶
The Timberland Exclusive or TE Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber on properties one hundred sixty (160) acres or larger in size planned Timberland on the General Plan Land Use
Map that is not zoned TPZ pursuant to Section 314-7.4 and the California Timberland Productivity Act of 1982, Government Code Section 51100 et seq.
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
|---|---|
| Principal Permitted Uses | |
| Growingand harvesting | of timber and accessoryuses compatible thereto. |
| Accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural AccessoryStructures). |
|
| One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of Section 314-7.4.1.6,Special Restrictions Regarding Residences. |
|
| Management for watershed and wetland restoration. | |
| Management for fish and wildlife habitat. | |
| A use integrally related to the growing, harvesting and processing of forest products, including but not imited to roads, log landings, and log storage areas (portable chippers andportable sawmills are considered apart of “processing”). |
|
| The erection, construction, alteration, or maintenance of gas, electric, or water facilities. |
|
| Grazingand other agricultural uses. | |
| Temporary labor camps, less than one (1) year in duration, accessory to timber harvestingorplantingoperations. |
|
| Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. |
|
| Cottage industry,subject to cottage industryregulations. | |
| Uses Permitted With a Use Permit | |
| Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills,but not includingapulpmill. |
|
| Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks,and similar recreational uses. |
|
| Timber-related visitor-serving: burl shops, timber museums, interpretive centers,etc.,which do not change the character of theprincipal use. |
|
| Public recreation andpublic access facilities. | |
| The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Oil andgas drillingandprocessing,metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the TE Zone. |
|
| Other Regulations | |
| Minimum Lot Area | Forty (40)acres. |
| Minimum Lot Width |
One hundred (100) feet. |
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use.
Public recreation and public access facilities.
The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities.
Oil and gas drilling and processing, metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TE Zone.
Other Regulations
| Minimum Lot Area | Forty (40)acres. |
|---|---|
| Minimum Lot Width |
One hundred (100) feet. |
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
| --- | --- |
| Maximum Lot Depth |
(None specified.) |
| Minimum Yard Setbacks ***** |
|
| Front | Thirty (30)feet; |
| Rear | Twenty (20)feet; |
| Side | Ten percent (10%) of the lot width on each side but not more than twenty (20)feet shall be required. |
| Outbuildings | Outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.6 TL: TRIBAL LANDS ¶
The Tribal Lands or TL Zone is intended to implement the Tribal Lands (TL) and the Tribal Trust Lands (TTL) Land Use Designations contained in General Plan Land Use Element Section 4.8, Land Use Designations. The TL Zone is intended to be applied to land planned as Tribal Trust Land (TTL) or land located on Native American reservations and rancherias that is not zoned TPZ and is identified as Tribal Lands (TL) on the General Plan Land Use Map.
7.6.1 TL Regulations. ¶
7.6.1.1 Jurisdiction. ¶
7.6.1.1.1The County does not have land use jurisdiction over land within a reservation or rancheria held in trust by the Federal government for a tribe or its members, or owned in fee by the tribe or by members of the tribe.
7.6.1.1.2The County may have land use jurisdiction over land owned in fee by nontribal members within the boundaries of a rancheria or reservation, except land owned in fee by nontribal members within the boundaries of the Hoopa Reservation.
7.6.1.1.3Applicants for land use and permit approvals for land zoned TL may be requested to provide additional information to allow the County to determine if the County has land use jurisdiction.
7.6.1.1.4In the event the County has land use jurisdiction, the Planning and Building Department shall (1) notify the tribal government of the application, (2) determine if the tribal government has an adopted land use plan, and (3) the County shall refer the project to and engage with the tribal government for comment prior to approval.
7.6.1.2 Adopted Tribal Land Use Plan. If the tribal government has an adopted land use plan, this plan shall be used by the County as policy guidance for all land use and permit approvals.
7.6.1.3 Applications for Land Use and Permit Approvals within Urbanized Areas. For land use and permit approvals on land zoned TL within or adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size less than two and one-half (2-1/2) acres) in Section 314-6.6.
7.6.1.4 Applications for Land Use and Permit Approvals Outside of Urbanized Areas. For land use and permit approvals on land zoned TL outside and not adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size two and one-half (2-1/2) acres or greater) in Section 314-6.6.
7.6.1.5 Subdivisions. ¶
7.6.1.5.1Subdivisions of land zoned TL within urbanized areas shall have a maximum residential density of one (1) acre per dwelling unit.
7.6.1.5.2Subdivisions of land zoned TL outside urbanized areas shall have a maximum residential density of maximum residential density of forty (40) acres per dwelling unit.
7.6.1.5.3Policies relating to rural lands contained in General Plan Section 4.4, Rural Lands, shall apply to all subdivisions of land zoned TL. (Ord. 2629, § 5, 6/11/2019; Ord. 2635, §§ 2, 3, 5, 8/27/2019; Ord. 2678, § 5, 7/13/2021; Ord. 2703, § 3, 11/29/2022; Ord. 2781, § 3, 1/13/2026)
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7.1 AE: AGRICULTURE EXCLUSIVE ZONE ¶
The Agriculture Exclusive or AE Zone is intended to be applied in fertile areas in which agriculture is and should be the desirable predominant use and in which the protection of this use from encroachment from incompatible uses is essential to the general welfare. The following regulations shall apply in all Agriculture Exclusive or AE Zones. (Former Section INL#314-15; Ord. 1085, Sec. 5, 7/13/76; Amended by Ord. 1848, Sec. 8, 9/13/88; Amended by Ord. 2214, 6/6/00)
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | |
|---|---|---|---|---|
| Principal Permitted Uses | ||||
| All general agricultural uses, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures), except those specified in the following subsection, Uses Permitted With a Use Permit. (Amended byOrd. 2189,Sec. 1,2/9/99;Amended byOrd. 2214,6/6/00) |
||||
| Timberproduction. | ||||
| Single-familyresidence. | ||||
| Accessory dwelling unit. On lots forty (40) acres or larger in size, two (2) single detached dwellings are permitted within the same contiguous two (2) acre building envelope containing the primary residence. (Amended byOrd. 1949,Sec. 1,12/4/91;Amended byOrd. 2189,Sec. 1,2/9/99) |
||||
| Manufactured homes. | ||||
| Uses Permitted With a Use Permit | ||||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||||
| Aquaculture. | ||||
| Animal feedyards and salesyards. | ||||
| Agricultural and timberproductsprocessing plants. | ||||
| Agriculture-related recreation,resource-related recreation. | ||||
| Agriculture-related visitor-serving: cheese factories and sales rooms, wineries and wine tasting and sales rooms, produce sales, etc., which do not change the character of theprincipal use. |
||||
| Public recreation andpublic access facilities. | ||||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||||
| Animal hospitals. | ||||
| Stables and kennels. | ||||
| Farm employee housing, labor camps and labor supply camps (Table 4-G in the General Plan), (if unable to be principally permitted as small-scale or large- scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||||
| Fish and wildlife habitat management, watershed management, wetland restoration. |
AE: AGRICULTURE EXCLUSIVE
314-7.1
Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. Metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone.
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE |
|---|---|
| Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AE Zone. |
|
| Other Regulations | |
| No Subdivisions | Subdivisions may only be approved by official map, record of survey or recorded subdivision, for the managed production of resources, where parcels are subject to a binding and recorded restriction prohibiting the development of residential structures or residential accessorystructures. |
| Agricultural Land Conversion |
Conditionally permitted uses that would convert zoned agriculture exclusive or AE Zone land to nonagricultural uses shall not be approved unless the Planning Commission makes the following findings: A. There are no feasible alternatives that would prevent or minimize conversion; B. The facts support an overriding public interest in the conversion; and C. For lands outside of designated urban development boundaries, sufficient off-setting mitigation has been provided to prevent a net reduction in the agricultural land base and agricultural production. This requirement shall be known as the “no net loss” agricultural lands policy. “No net loss” mitigation is limited to one (1) or more of the following: 1. Replanning of vacant agricultural lands from a nonagricultural land use designation to an agricultural plan designation along with the recordation of a permanent conservation easement on this land for continued agricultural use; or 2. The retirement of nonagricultural uses on lands planned for agriculture and recordation of a permanent conservation easement on this land for continued agricultural use; or 3. Financial contribution to an agricultural land fund in an amount sufficient to fully offset the agricultural land conversion for those uses enumerated in subsections (C)(1) and (C)(2). The operational details of the land fund, including the process for setting the |
| 314-7.1 | |
| --- | --- |
| Conversion of Prime Agricultural Land |
|
| Minimum Lot Area | |
| Minimum Lot Width | |
| Maximum Lot Depth |
|
| Minimum Yard Setbacks ***** |
|
| Front | |
| Rear | |
| Side | |
| Farm Outbuildings | |
| Maximum Ground Coverage |
|
| Maximum Building Height |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Sections INL#314-15(a)(1-3); INL#314-15(b)(1-6); INL#314-15(c)(1-6); INL#316-2.1(1-10); Ord. 2189, Sec. 1, 2/9/99)
7.2 AG: AGRICULTURE GENERAL ZONE ¶
The Agriculture General or AG Zone is intended to be applied in areas in which agriculture is the desirable predominant use and rural residential uses are secondary. The following regulations shall apply in all Agriculture General or AG Zones. (Former Section INL#31418 and INL#316-2.1(1-10; Ord. 1086, Sec. 6, 7/13/76; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Amended by Ord. 2189,Sec. 1, 2/9/99; Amended by Ord. 2214,6/6/00) |
||
| One(1)familydwellings and farm dwellings,accessorydwellingunits. | ||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Manufactured homes. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses, servants’ quarters, labor camps and labor supply camps (if unable to be principally permitted as small-scale or large-scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal feed lots and salesyards. | ||
| Agricultural and timberproductsprocessing plants. | ||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||
| Animal hospitals and kennels. | ||
| Golf courses.(Amended byOrd. | 2189,Sec. 1,2/9/99) |
|
| Private institutions and cemeteries. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AG Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| Other Regulations | ||
| --- | --- | |
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard | ||
| Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
| --- | --- | --- |
| Side | Six(6)feet. | |
| Farm Outbuildings | Farm outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. | 1086,Sec. 6, 7/13/76) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Section INL#314-18(a)(1-4); INL#314-18(b)(1-8); INL#314-18(c); INL#316-2.1(1-10))
7.3 FR: FORESTRY RECREATION ZONE ¶
The Forestry Recreation or FR Zone is intended to be applied to forested areas of the County in which timber production and recreation are the desirable predominant uses and agriculture is the secondary use, and in which protection of the timber and recreational lands is essential to the general welfare. The following regulations shall apply in all Forestry Recreation or FR Zones. (Former Section INL#314-7; Ord. 1086, Sec. 4, 7/13/76; Amended by Ord. 2166, Sec. 10, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-7.3 | FR: FORESTRY RECREATION | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings and farm dwellings. | |
| Accessorydwellingunits. | ||
| General agriculture,nurseries andgreenhouses,and roadside stands. | ||
| Public and private noncommercial recreational uses, including golf courses and public stables. |
||
| Social halls,fraternal and social organizations,and clubs. | ||
| Manufactured homes. | ||
| Uses Permitted With a Special Permit | ||
| Single-room occupancyfacilities. | ||
| Uses Permitted With a Use Permit | ||
| Hotels, motels, special occupancy parks and manufactured home parks. (Amended byOrd. 2166,Sec. 10, 4/7/98) |
||
| Two(2)familyand multiple dwellings. | ||
| Restaurants, food markets and automobile service stations, and commercial recreational facilities. |
||
| Agricultural and timberproductsprocessing plants. | ||
| Private institutions and cemeteries. | ||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal hospitals and kennels. | ||
| Wreckingand salvageyards. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the FR Zone. |
||
| 314-7.3 | FR: FORESTRY RECREATION | |
| --- | --- | --- |
| Other Regulations | ||
| Minimum Lot Area | One(1)acre. | |
| Minimum Lot Width |
Two hundred (200) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Twenty (20)feet. | |
| Side | Ten(10)feet. | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-7(a)(1-5); INL#314-7(b)(1-8); INL#314-7(c)(1-4); Amended by Ord. 2166, Sec. 10, 4/7/98)
7.4 TPZ: TIMBERLAND PRODUCTION ZONE ¶
The Timberland Production or TPZ Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber. (Former Section INL#314-10; and INL#314-11; Ord. 1099 Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88; Amended by Ord. 1907, Sec. 1, 8/21/90; Amended by Ord. 2166, Sec. 11, 4/7/98; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
314-7.4 TPZ: TIMBERLAND PRODUCTION Principal Permitted Uses
Growing and harvesting of timber and accessory uses compatible thereto. - Accessory agricultural uses and structures listed at Sections 314 43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Added by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
Principal Permitted Uses Compatible with Timber Production
The following accessory uses are deemed to be compatible with the growing and harvesting of timber provided they do not significantly detract from the use of the property for, or inhibit, growing and harvesting of timber: (Former Section INL#314-11) Management for watershed and wetland restoration.
Management for fish and wildlife habitat.
A use integrally related to the growing, harvesting and processing of forest products; including but not limited to roads, log landings, and log storage areas (portable chippers ” and portable sawmills are considered a part of “processing ).
The erection, construction, alteration, or maintenance of gas, electric, or water facilities. Grazing and other agricultural uses.
One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of
TPZ: TIMBERLAND PRODUCTION
314-7.4
Section 314-7.4.1.6, Special Restrictions Regarding Residences.
Temporary labor camps, less than one (1) year in duration, accessory to timber harvesting or planting operations.
Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. (Former Section INL#314-11(h); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 2, 8/21/90)
Uses Permitted With a Use Permit
Note: Permits authorized under this section cannot be approved if such use will significantly detract from the use of the property for, or inhibit, growing and harvesting of timber. (Former Section INL#314-10(b)(1-2); Ord. 1099, Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88, Amended by Ord. 1907, Sec. 1, 8/21/90, Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills, but not including a pulp mill.
Utilities and energy facilities: the erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. (Added by Ord. 2635, 8/27/19)
Public recreation and public access facilities. (Added by Ord. 2635, 8/27/19)
Oil and gas drilling and processing, metallic mining, surface mining. (Added by Ord. 2635, 8/27/19)
Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks, and similar recreational uses. (Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use. (Added by Ord. 2635, 8/27/19)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone.
7.4.1 Other TPZ Regulations. ¶
7.4.1.1Provisions of Article 1 “General Provisions” (Section 51100); Article 2 “Establishment of Timberland Production Zone” (Subsections 51110 and 51119.5); Article 3 “Rezoning” (Subsections 51120 and 51121); Article 4 “Immediate Rezoning” (Subsections 51130 through 51134); and Article 5 “Removal from Zone” (Subsections 51140 through 51146) of the Government Code of the State of California as it now reads, or may be hereafter amended, shall apply. (Former Section INL#314-12(a); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2An owner of real property may petition the Board of Supervisors to zone land as Timberland Production or TPZ Zone. The Board, by ordinance, after the recommendation of the Planning Commission pursuant to Section 51110.2 of the Government Code, and after public hearing, shall zone as a Timberland Production or TPZ Zone all parcels submitted to it by petition pursuant to Section 51113 which meet all of the following criteria: (Former Section INL#314-12(b))
7.4.1.2.1A map shall be prepared showing the legal description or the assessor’s parcel number of the property desired to be zoned Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(1))
7.4.1.2.2A plan (or a timber management guide) for forest management of the property must be prepared or approved as to content by a registered forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan. (Former Section INL#314-12(b)(2))
7.4.1.2.3The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the Board of Supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the
signing of such agreement. The agreement shall provide that if the parcel is subsequently zoned as Timberland Production or TPZ and fails to meet the stocking standards and forest practice rules within the time period, the Board of Supervisors shall rezone the parcel to another zone pursuant to Section 51113(c)(3) or 51121 of the Government Code. (Former Section INL#314-12(b)(3))
7.4.1.2.4The land to be rezoned Timberland Production or TPZ shall be in the ownership of one (1) person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of a single parcel or a unit of contiguous parcels as defined in Section 51104 of the Government Code, which is eighty (80) acres or one-half (1/2) of one-quarter (1/4) section in size or larger. (Former Section INL#314-12(b)(4))
7.4.1.2.5The land to be included in the Timberland Production or TPZ Zone shall be timberland as defined by Section 51104(f) of the Government Code. (Former Section INL#314-12(b)(5); Ord. 1126, Sec. 1, 3/12/77; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2.6The land shall be in compliance with the land use standards of the Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(6))
7.4.1.3Minimum parcel size:
7.4.1.3.1One hundred sixty (160) acres; or (Former Section INL#314-12(c)(1))
7.4.1.3.2Forty (40) acres if the provisions of Government Code Section 51119.5 are met. (Former Section INL#314-12(c)(2))
7.4.1.4 Special Subdivision Provisions For Mixed Zone Parcels. Parcels containing Timberland Production or TPZ zoned land may be subdivided below the minimum parcel size allowed pursuant to Section 314-7.4.1.3 where TPZ zoned land of a smaller size already exists and all of the following requirements are satisfied: (Former Section INL#314-12(d))
7.4.1.4.1TPZ zoned land within the parcel is not being divided or separated by the subdivision; and (Former Section INL#314-12(d)(1))
7.4.1.4.2Adequate access is available for timber management for the TPZ zoned land; and (Former Section INL#314-12(d)(2))
7.4.1.4.3A timber management guide for the TPZ zoned land approved by the County Forestry Review Committee has been submitted for the subdivision; provided, however, that such a timber management guide shall not be required if the subdivision is restricted to prohibit residential or other development from the TPZ portion of the parcel; and (Former Section INL#314-12(d)(3))
7.4.1.4.4The subdivision meets all other regulatory requirements applicable to subdivisions; and (Former Section INL#314-12(d)(4))
7.4.1.4.5The parcel in which the TPZ zoned land will be contained is no smaller than the minimum parcel size for the adjacent non-TPZ portion of the parcel. (Former Section INL#314-12(d)(5))
7.4.1.5Minimum yard setbacks*: (Former Section INL#314-12(e)(1-4))
7.4.1.5.1Front: twenty (20) feet;
7.4.1.5.2Side: thirty (30) feet;
7.4.1.5.3Rear: thirty (30) feet;
7.4.1.5.4For flag lots, the Director, in consultation with the Public Works Department, shall establish, in addition to a required minimum front yard setback, the minimum yard that is required for a vehicular turnaround on the parcel.
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.4.1.6 Special Restrictions Regarding Residences. ¶
7.4.1.6.1The total residential density shall not exceed one (1) dwelling unit per forty (40) acres. (Former Section INL#314-12(f)(1))
7.4.1.6.2Accessory dwelling units may be permitted on parcels greater than one hundred sixty (160) acres, and on parcels less than one hundred sixty (160) acres only in the area already converted, intended to be converted, or that does not meet the definition of timberlands.
7.4.1.6.3Parcels smaller than forty (40) acres shall not have second or accessory dwelling units, unless located within a community planning area. (Former Section INL#314-12(f)(2))
7.4.1.6.4Residences and the associated accessory structures and uses shall not exceed two (2) acres per parcel. (Former Section INL#314-12(f)(3))
7.5 TE: TIMBERLAND EXCLUSIVE ZONE ¶
The Timberland Exclusive or TE Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber on properties one hundred sixty (160) acres or larger in size planned Timberland on the General Plan Land Use
Map that is not zoned TPZ pursuant to Section 314-7.4 and the California Timberland Productivity Act of 1982, Government Code Section 51100 et seq.
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
|---|---|
| Principal Permitted Uses | |
| Growingand harvesting | of timber and accessoryuses compatible thereto. |
| Accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural AccessoryStructures). |
|
| One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of Section 314-7.4.1.6,Special Restrictions Regarding Residences. |
|
| Management for watershed and wetland restoration. | |
| Management for fish and wildlife habitat. | |
| A use integrally related to the growing, harvesting and processing of forest products, including but not imited to roads, log landings, and log storage areas (portable chippers andportable sawmills are considered apart of “processing”). |
|
| The erection, construction, alteration, or maintenance of gas, electric, or water facilities. |
|
| Grazingand other agricultural uses. | |
| Temporary labor camps, less than one (1) year in duration, accessory to timber harvestingorplantingoperations. |
|
| Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. |
|
| Cottage industry,subject to cottage industryregulations. | |
| Uses Permitted With a Use Permit | |
| Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills,but not includingapulpmill. |
|
| Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks,and similar recreational uses. |
|
| Timber-related visitor-serving: burl shops, timber museums, interpretive centers,etc.,which do not change the character of theprincipal use. |
|
| Public recreation andpublic access facilities. | |
| The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Oil andgas drillingandprocessing,metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the TE Zone. |
|
| Other Regulations | |
| Minimum Lot Area | Forty (40)acres. |
| Minimum Lot Width |
One hundred (100) feet. |
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use.
Public recreation and public access facilities.
The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities.
Oil and gas drilling and processing, metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TE Zone.
Other Regulations
| Minimum Lot Area | Forty (40)acres. |
|---|---|
| Minimum Lot Width |
One hundred (100) feet. |
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
| --- | --- |
| Maximum Lot Depth |
(None specified.) |
| Minimum Yard Setbacks ***** |
|
| Front | Thirty (30)feet; |
| Rear | Twenty (20)feet; |
| Side | Ten percent (10%) of the lot width on each side but not more than twenty (20)feet shall be required. |
| Outbuildings | Outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.6 TL: TRIBAL LANDS ¶
The Tribal Lands or TL Zone is intended to implement the Tribal Lands (TL) and the Tribal Trust Lands (TTL) Land Use Designations contained in General Plan Land Use Element Section 4.8, Land Use Designations. The TL Zone is intended to be applied to land planned as Tribal Trust Land (TTL) or land located on Native American reservations and rancherias that is not zoned TPZ and is identified as Tribal Lands (TL) on the General Plan Land Use Map.
7.6.1 TL Regulations. ¶
7.6.1.1 Jurisdiction. ¶
7.6.1.1.1The County does not have land use jurisdiction over land within a reservation or rancheria held in trust by the Federal government for a tribe or its members, or owned in fee by the tribe or by members of the tribe.
7.6.1.1.2The County may have land use jurisdiction over land owned in fee by nontribal members within the boundaries of a rancheria or reservation, except land owned in fee by nontribal members within the boundaries of the Hoopa Reservation.
7.6.1.1.3Applicants for land use and permit approvals for land zoned TL may be requested to provide additional information to allow the County to determine if the County has land use jurisdiction.
7.6.1.1.4In the event the County has land use jurisdiction, the Planning and Building Department shall (1) notify the tribal government of the application, (2) determine if the tribal government has an adopted land use plan, and (3) the County shall refer the project to and engage with the tribal government for comment prior to approval.
7.6.1.2 Adopted Tribal Land Use Plan. If the tribal government has an adopted land use plan, this plan shall be used by the County as policy guidance for all land use and permit approvals.
7.6.1.3 Applications for Land Use and Permit Approvals within Urbanized Areas. For land use and permit approvals on land zoned TL within or adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size less than two and one-half (2-1/2) acres) in Section 314-6.6.
7.6.1.4 Applications for Land Use and Permit Approvals Outside of Urbanized Areas. For land use and permit approvals on land zoned TL outside and not adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size two and one-half (2-1/2) acres or greater) in Section 314-6.6.
7.6.1.5 Subdivisions. ¶
7.6.1.5.1Subdivisions of land zoned TL within urbanized areas shall have a maximum residential density of one (1) acre per dwelling unit.
7.6.1.5.2Subdivisions of land zoned TL outside urbanized areas shall have a maximum residential density of maximum residential density of forty (40) acres per dwelling unit.
7.6.1.5.3Policies relating to rural lands contained in General Plan Section 4.4, Rural Lands, shall apply to all subdivisions of land zoned TL. (Ord. 2629, § 5, 6/11/2019; Ord. 2635, §§ 2, 3, 5, 8/27/2019; Ord. 2678, § 5, 7/13/2021; Ord. 2703, § 3, 11/29/2022; Ord. 2781, § 3, 1/13/2026)
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7.1 AE: AGRICULTURE EXCLUSIVE ZONE ¶
The Agriculture Exclusive or AE Zone is intended to be applied in fertile areas in which agriculture is and should be the desirable predominant use and in which the protection of this use from encroachment from incompatible uses is essential to the general welfare. The following regulations shall apply in all Agriculture Exclusive or AE Zones. (Former Section INL#314-15; Ord. 1085, Sec. 5, 7/13/76; Amended by Ord. 1848, Sec. 8, 9/13/88; Amended by Ord. 2214, 6/6/00)
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | AE: AGRICULTURE EXCLUSIVE | |
|---|---|---|---|---|
| Principal Permitted Uses | ||||
| All general agricultural uses, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures), except those specified in the following subsection, Uses Permitted With a Use Permit. (Amended byOrd. 2189,Sec. 1,2/9/99;Amended byOrd. 2214,6/6/00) |
||||
| Timberproduction. | ||||
| Single-familyresidence. | ||||
| Accessory dwelling unit. On lots forty (40) acres or larger in size, two (2) single detached dwellings are permitted within the same contiguous two (2) acre building envelope containing the primary residence. (Amended byOrd. 1949,Sec. 1,12/4/91;Amended byOrd. 2189,Sec. 1,2/9/99) |
||||
| Manufactured homes. | ||||
| Uses Permitted With a Use Permit | ||||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||||
| Aquaculture. | ||||
| Animal feedyards and salesyards. | ||||
| Agricultural and timberproductsprocessing plants. | ||||
| Agriculture-related recreation,resource-related recreation. | ||||
| Agriculture-related visitor-serving: cheese factories and sales rooms, wineries and wine tasting and sales rooms, produce sales, etc., which do not change the character of theprincipal use. |
||||
| Public recreation andpublic access facilities. | ||||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||||
| Animal hospitals. | ||||
| Stables and kennels. | ||||
| Farm employee housing, labor camps and labor supply camps (Table 4-G in the General Plan), (if unable to be principally permitted as small-scale or large- scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||||
| Fish and wildlife habitat management, watershed management, wetland restoration. |
AE: AGRICULTURE EXCLUSIVE
314-7.1
Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. Metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the AE Zone.
| 314-7.1 | AE: AGRICULTURE EXCLUSIVE |
|---|---|
| Utilities and energy facilities: the erection, construction, alteration, or maintenance of gas, electric, water facilities, and wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AE Zone. |
|
| Other Regulations | |
| No Subdivisions | Subdivisions may only be approved by official map, record of survey or recorded subdivision, for the managed production of resources, where parcels are subject to a binding and recorded restriction prohibiting the development of residential structures or residential accessorystructures. |
| Agricultural Land Conversion |
Conditionally permitted uses that would convert zoned agriculture exclusive or AE Zone land to nonagricultural uses shall not be approved unless the Planning Commission makes the following findings: A. There are no feasible alternatives that would prevent or minimize conversion; B. The facts support an overriding public interest in the conversion; and C. For lands outside of designated urban development boundaries, sufficient off-setting mitigation has been provided to prevent a net reduction in the agricultural land base and agricultural production. This requirement shall be known as the “no net loss” agricultural lands policy. “No net loss” mitigation is limited to one (1) or more of the following: 1. Replanning of vacant agricultural lands from a nonagricultural land use designation to an agricultural plan designation along with the recordation of a permanent conservation easement on this land for continued agricultural use; or 2. The retirement of nonagricultural uses on lands planned for agriculture and recordation of a permanent conservation easement on this land for continued agricultural use; or 3. Financial contribution to an agricultural land fund in an amount sufficient to fully offset the agricultural land conversion for those uses enumerated in subsections (C)(1) and (C)(2). The operational details of the land fund, including the process for setting the |
| 314-7.1 | |
| --- | --- |
| Conversion of Prime Agricultural Land |
|
| Minimum Lot Area | |
| Minimum Lot Width | |
| Maximum Lot Depth |
|
| Minimum Yard Setbacks ***** |
|
| Front | |
| Rear | |
| Side | |
| Farm Outbuildings | |
| Maximum Ground Coverage |
|
| Maximum Building Height |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Sections INL#314-15(a)(1-3); INL#314-15(b)(1-6); INL#314-15(c)(1-6); INL#316-2.1(1-10); Ord. 2189, Sec. 1, 2/9/99)
7.2 AG: AGRICULTURE GENERAL ZONE ¶
The Agriculture General or AG Zone is intended to be applied in areas in which agriculture is the desirable predominant use and rural residential uses are secondary. The following regulations shall apply in all Agriculture General or AG Zones. (Former Section INL#31418 and INL#316-2.1(1-10; Ord. 1086, Sec. 6, 7/13/76; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
|---|---|---|
| Principal Permitted Uses | ||
| General agriculture, including accessory agricultural uses and structures listed at subsections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Amended by Ord. 2189,Sec. 1, 2/9/99; Amended by Ord. 2214,6/6/00) |
||
| One(1)familydwellings and farm dwellings,accessorydwellingunits. | ||
| Rooming and boarding of not more than two (2) persons not employed on the premises. |
||
| Manufactured homes. | ||
| Uses Permitted With a Use Permit | ||
| Guest houses, servants’ quarters, labor camps and labor supply camps (if unable to be principally permitted as small-scale or large-scale employee housing or with a Zoning Clearance Certificate as Eligible Agricultural Employee HousingDevelopment). |
||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal feed lots and salesyards. | ||
| Agricultural and timberproductsprocessing plants. | ||
| Rental and sales of irrigation equipment and storage incidental thereto. | ||
| Animal hospitals and kennels. | ||
| Golf courses.(Amended byOrd. | 2189,Sec. 1,2/9/99) |
|
| Private institutions and cemeteries. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the AG Zone. |
||
| Other Regulations | ||
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| Other Regulations | ||
| --- | --- | |
| Minimum Lot Area | Two and one-half(2 ½)acres. | |
| Minimum Lot Width |
Sixty (60) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard | ||
| Setbacks ***** |
||
| Front | Twenty (20)feet; | |
| Rear | Twenty (20)feet; | |
| 314-7.2 | AG: AGRICULTURE GENERAL | AG: AGRICULTURE GENERAL |
| --- | --- | --- |
| Side | Six(6)feet. | |
| Farm Outbuildings | Farm outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
|
| Maximum Ground Coverage |
Thirty-five percent (35%). | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. | 1086,Sec. 6, 7/13/76) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see subsection 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Section INL#314-18(a)(1-4); INL#314-18(b)(1-8); INL#314-18(c); INL#316-2.1(1-10))
7.3 FR: FORESTRY RECREATION ZONE ¶
The Forestry Recreation or FR Zone is intended to be applied to forested areas of the County in which timber production and recreation are the desirable predominant uses and agriculture is the secondary use, and in which protection of the timber and recreational lands is essential to the general welfare. The following regulations shall apply in all Forestry Recreation or FR Zones. (Former Section INL#314-7; Ord. 1086, Sec. 4, 7/13/76; Amended by Ord. 2166, Sec. 10, 4/7/98; Amended by Ord. 2472, Sec. 1, 2/14/12)
| 314-7.3 | FR: FORESTRY RECREATION | |
|---|---|---|
| Principal Permitted Uses | ||
| One(1) | familydwellings and farm dwellings. | |
| Accessorydwellingunits. | ||
| General agriculture,nurseries andgreenhouses,and roadside stands. | ||
| Public and private noncommercial recreational uses, including golf courses and public stables. |
||
| Social halls,fraternal and social organizations,and clubs. | ||
| Manufactured homes. | ||
| Uses Permitted With a Special Permit | ||
| Single-room occupancyfacilities. | ||
| Uses Permitted With a Use Permit | ||
| Hotels, motels, special occupancy parks and manufactured home parks. (Amended byOrd. 2166,Sec. 10, 4/7/98) |
||
| Two(2)familyand multiple dwellings. | ||
| Restaurants, food markets and automobile service stations, and commercial recreational facilities. |
||
| Agricultural and timberproductsprocessing plants. | ||
| Private institutions and cemeteries. | ||
| Hogfarms,turkeyfarms,frogfarms and fur farms. | ||
| Animal hospitals and kennels. | ||
| Wreckingand salvageyards. | ||
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the FR Zone. |
||
| 314-7.3 | FR: FORESTRY RECREATION | |
| --- | --- | --- |
| Other Regulations | ||
| Minimum Lot Area | One(1)acre. | |
| Minimum Lot Width |
Two hundred (200) feet. | |
| Maximum Lot Depth |
(None specified.) | |
| Minimum Yard Setbacks ***** |
||
| Front | Twenty (20)feet. | |
| Rear | Twenty (20)feet. | |
| Side | Ten(10)feet. | |
| Maximum Ground Coverage |
(None specified.) | |
| Maximum Building Height |
Thirty-five (35) feet. (Ord. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#314-7(a)(1-5); INL#314-7(b)(1-8); INL#314-7(c)(1-4); Amended by Ord. 2166, Sec. 10, 4/7/98)
7.4 TPZ: TIMBERLAND PRODUCTION ZONE ¶
The Timberland Production or TPZ Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber. (Former Section INL#314-10; and INL#314-11; Ord. 1099 Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88; Amended by Ord. 1907, Sec. 1, 8/21/90; Amended by Ord. 2166, Sec. 11, 4/7/98; Amended by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
314-7.4 TPZ: TIMBERLAND PRODUCTION Principal Permitted Uses
Growing and harvesting of timber and accessory uses compatible thereto. - Accessory agricultural uses and structures listed at Sections 314 43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural Accessory Structures). (Added by Ord. 2189, Sec. 1, 2/9/99; Amended by Ord. 2214, 6/6/00)
Principal Permitted Uses Compatible with Timber Production
The following accessory uses are deemed to be compatible with the growing and harvesting of timber provided they do not significantly detract from the use of the property for, or inhibit, growing and harvesting of timber: (Former Section INL#314-11) Management for watershed and wetland restoration.
Management for fish and wildlife habitat.
A use integrally related to the growing, harvesting and processing of forest products; including but not limited to roads, log landings, and log storage areas (portable chippers ” and portable sawmills are considered a part of “processing ).
The erection, construction, alteration, or maintenance of gas, electric, or water facilities. Grazing and other agricultural uses.
One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of
TPZ: TIMBERLAND PRODUCTION
314-7.4
Section 314-7.4.1.6, Special Restrictions Regarding Residences.
Temporary labor camps, less than one (1) year in duration, accessory to timber harvesting or planting operations.
Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. (Former Section INL#314-11(h); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 2, 8/21/90)
Uses Permitted With a Use Permit
Note: Permits authorized under this section cannot be approved if such use will significantly detract from the use of the property for, or inhibit, growing and harvesting of timber. (Former Section INL#314-10(b)(1-2); Ord. 1099, Sec. 1, 9/13/76; Amended by Ord. 1842, Sec. 5, 8/16/88, Amended by Ord. 1907, Sec. 1, 8/21/90, Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills, but not including a pulp mill.
Utilities and energy facilities: the erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities. (Added by Ord. 2635, 8/27/19)
Public recreation and public access facilities. (Added by Ord. 2635, 8/27/19)
Oil and gas drilling and processing, metallic mining, surface mining. (Added by Ord. 2635, 8/27/19)
Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks, and similar recreational uses. (Amended by Ord. 2166, Sec. 11, 4/7/98)
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use. (Added by Ord. 2635, 8/27/19)
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TPZ Zone.
7.4.1 Other TPZ Regulations. ¶
7.4.1.1Provisions of Article 1 “General Provisions” (Section 51100); Article 2 “Establishment of Timberland Production Zone” (Subsections 51110 and 51119.5); Article 3 “Rezoning” (Subsections 51120 and 51121); Article 4 “Immediate Rezoning” (Subsections 51130 through 51134); and Article 5 “Removal from Zone” (Subsections 51140 through 51146) of the Government Code of the State of California as it now reads, or may be hereafter amended, shall apply. (Former Section INL#314-12(a); Ord. 1099, Sec. 2, 9/13/76; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2An owner of real property may petition the Board of Supervisors to zone land as Timberland Production or TPZ Zone. The Board, by ordinance, after the recommendation of the Planning Commission pursuant to Section 51110.2 of the Government Code, and after public hearing, shall zone as a Timberland Production or TPZ Zone all parcels submitted to it by petition pursuant to Section 51113 which meet all of the following criteria: (Former Section INL#314-12(b))
7.4.1.2.1A map shall be prepared showing the legal description or the assessor’s parcel number of the property desired to be zoned Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(1))
7.4.1.2.2A plan (or a timber management guide) for forest management of the property must be prepared or approved as to content by a registered forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan. (Former Section INL#314-12(b)(2))
7.4.1.2.3The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the Board of Supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the
signing of such agreement. The agreement shall provide that if the parcel is subsequently zoned as Timberland Production or TPZ and fails to meet the stocking standards and forest practice rules within the time period, the Board of Supervisors shall rezone the parcel to another zone pursuant to Section 51113(c)(3) or 51121 of the Government Code. (Former Section INL#314-12(b)(3))
7.4.1.2.4The land to be rezoned Timberland Production or TPZ shall be in the ownership of one (1) person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of a single parcel or a unit of contiguous parcels as defined in Section 51104 of the Government Code, which is eighty (80) acres or one-half (1/2) of one-quarter (1/4) section in size or larger. (Former Section INL#314-12(b)(4))
7.4.1.2.5The land to be included in the Timberland Production or TPZ Zone shall be timberland as defined by Section 51104(f) of the Government Code. (Former Section INL#314-12(b)(5); Ord. 1126, Sec. 1, 3/12/77; Amended by Ord. 1907, Sec. 3, 8/21/90)
7.4.1.2.6The land shall be in compliance with the land use standards of the Timberland Production or TPZ Zone. (Former Section INL#314-12(b)(6))
7.4.1.3Minimum parcel size:
7.4.1.3.1One hundred sixty (160) acres; or (Former Section INL#314-12(c)(1))
7.4.1.3.2Forty (40) acres if the provisions of Government Code Section 51119.5 are met. (Former Section INL#314-12(c)(2))
7.4.1.4 Special Subdivision Provisions For Mixed Zone Parcels. Parcels containing Timberland Production or TPZ zoned land may be subdivided below the minimum parcel size allowed pursuant to Section 314-7.4.1.3 where TPZ zoned land of a smaller size already exists and all of the following requirements are satisfied: (Former Section INL#314-12(d))
7.4.1.4.1TPZ zoned land within the parcel is not being divided or separated by the subdivision; and (Former Section INL#314-12(d)(1))
7.4.1.4.2Adequate access is available for timber management for the TPZ zoned land; and (Former Section INL#314-12(d)(2))
7.4.1.4.3A timber management guide for the TPZ zoned land approved by the County Forestry Review Committee has been submitted for the subdivision; provided, however, that such a timber management guide shall not be required if the subdivision is restricted to prohibit residential or other development from the TPZ portion of the parcel; and (Former Section INL#314-12(d)(3))
7.4.1.4.4The subdivision meets all other regulatory requirements applicable to subdivisions; and (Former Section INL#314-12(d)(4))
7.4.1.4.5The parcel in which the TPZ zoned land will be contained is no smaller than the minimum parcel size for the adjacent non-TPZ portion of the parcel. (Former Section INL#314-12(d)(5))
7.4.1.5Minimum yard setbacks*: (Former Section INL#314-12(e)(1-4))
7.4.1.5.1Front: twenty (20) feet;
7.4.1.5.2Side: thirty (30) feet;
7.4.1.5.3Rear: thirty (30) feet;
7.4.1.5.4For flag lots, the Director, in consultation with the Public Works Department, shall establish, in addition to a required minimum front yard setback, the minimum yard that is required for a vehicular turnaround on the parcel.
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.4.1.6 Special Restrictions Regarding Residences. ¶
7.4.1.6.1The total residential density shall not exceed one (1) dwelling unit per forty (40) acres. (Former Section INL#314-12(f)(1))
7.4.1.6.2Accessory dwelling units may be permitted on parcels greater than one hundred sixty (160) acres, and on parcels less than one hundred sixty (160) acres only in the area already converted, intended to be converted, or that does not meet the definition of timberlands.
7.4.1.6.3Parcels smaller than forty (40) acres shall not have second or accessory dwelling units, unless located within a community planning area. (Former Section INL#314-12(f)(2))
7.4.1.6.4Residences and the associated accessory structures and uses shall not exceed two (2) acres per parcel. (Former Section INL#314-12(f)(3))
7.5 TE: TIMBERLAND EXCLUSIVE ZONE ¶
The Timberland Exclusive or TE Zone is intended to provide standards and restrictions for the preservation of timberlands for growing and harvesting timber on properties one hundred sixty (160) acres or larger in size planned Timberland on the General Plan Land Use
Map that is not zoned TPZ pursuant to Section 314-7.4 and the California Timberland Productivity Act of 1982, Government Code Section 51100 et seq.
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
|---|---|
| Principal Permitted Uses | |
| Growingand harvesting | of timber and accessoryuses compatible thereto. |
| Accessory agricultural uses and structures listed at Sections 314-43.1.3 (Permitted Agricultural Accessory Uses) and 314-69.1.1 (Permitted Agricultural AccessoryStructures). |
|
| One (1) family dwelling or manufactured home, accessory dwelling unit, and normal accessory uses and structures for owner or caretaker subject to the special restrictions of Section 314-7.4.1.6,Special Restrictions Regarding Residences. |
|
| Management for watershed and wetland restoration. | |
| Management for fish and wildlife habitat. | |
| A use integrally related to the growing, harvesting and processing of forest products, including but not imited to roads, log landings, and log storage areas (portable chippers andportable sawmills are considered apart of “processing”). |
|
| The erection, construction, alteration, or maintenance of gas, electric, or water facilities. |
|
| Grazingand other agricultural uses. | |
| Temporary labor camps, less than one (1) year in duration, accessory to timber harvestingorplantingoperations. |
|
| Recreational use of the land by the public, with or without charge, for any of the following: walking, hiking, picnicking, swimming, boating, fishing, hunting and skiing. |
|
| Cottage industry,subject to cottage industryregulations. | |
| Uses Permitted With a Use Permit | |
| Timber production processing plants (buildings) for commercial processing of wood and wood products, including but not limited to sawmills, lumber and plywood mills,but not includingapulpmill. |
|
| Incidental camping area, tent camp, temporary recreational vehicle park, special occupancy parks,and similar recreational uses. |
|
| Timber-related visitor-serving: burl shops, timber museums, interpretive centers,etc.,which do not change the character of theprincipal use. |
|
| Public recreation andpublic access facilities. | |
| The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomassgeneration,and other fuel or energy production facilities. |
|
| Oil andgas drillingandprocessing,metallic mining,surface mining. | |
| Any use not specifically enumerated in this division, if it is similar to and compatible with the usespermitted in the TE Zone. |
|
| Other Regulations | |
| Minimum Lot Area | Forty (40)acres. |
| Minimum Lot Width |
One hundred (100) feet. |
Timber-related visitor-serving: burl shops, timber museums, interpretive centers, etc., which do not change the character of the principal use.
Public recreation and public access facilities.
The erection, construction, alteration, or maintenance of wind or hydroelectric solar or biomass generation, and other fuel or energy production facilities.
Oil and gas drilling and processing, metallic mining, surface mining.
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the TE Zone.
Other Regulations
| Minimum Lot Area | Forty (40)acres. |
|---|---|
| Minimum Lot Width |
One hundred (100) feet. |
| 314-7.5 | TE: TIMBERLAND EXCLUSIVE ZONE |
| --- | --- |
| Maximum Lot Depth |
(None specified.) |
| Minimum Yard Setbacks ***** |
|
| Front | Thirty (30)feet; |
| Rear | Twenty (20)feet; |
| Side | Ten percent (10%) of the lot width on each side but not more than twenty (20)feet shall be required. |
| Outbuildings | Outbuildings shall not be less than twenty (20) feet from anydwellingon thepremises. |
| Maximum Ground Coverage |
Thirty-five percent (35%). |
| Maximum Building Height |
(None specified.) |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
7.6 TL: TRIBAL LANDS ¶
The Tribal Lands or TL Zone is intended to implement the Tribal Lands (TL) and the Tribal Trust Lands (TTL) Land Use Designations contained in General Plan Land Use Element Section 4.8, Land Use Designations. The TL Zone is intended to be applied to land planned as Tribal Trust Land (TTL) or land located on Native American reservations and rancherias that is not zoned TPZ and is identified as Tribal Lands (TL) on the General Plan Land Use Map.
7.6.1 TL Regulations. ¶
7.6.1.1 Jurisdiction. ¶
7.6.1.1.1The County does not have land use jurisdiction over land within a reservation or rancheria held in trust by the Federal government for a tribe or its members, or owned in fee by the tribe or by members of the tribe.
7.6.1.1.2The County may have land use jurisdiction over land owned in fee by nontribal members within the boundaries of a rancheria or reservation, except land owned in fee by nontribal members within the boundaries of the Hoopa Reservation.
7.6.1.1.3Applicants for land use and permit approvals for land zoned TL may be requested to provide additional information to allow the County to determine if the County has land use jurisdiction.
7.6.1.1.4In the event the County has land use jurisdiction, the Planning and Building Department shall (1) notify the tribal government of the application, (2) determine if the tribal government has an adopted land use plan, and (3) the County shall refer the project to and engage with the tribal government for comment prior to approval.
7.6.1.2 Adopted Tribal Land Use Plan. If the tribal government has an adopted land use plan, this plan shall be used by the County as policy guidance for all land use and permit approvals.
7.6.1.3 Applications for Land Use and Permit Approvals within Urbanized Areas. For land use and permit approvals on land zoned TL within or adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size less than two and one-half (2-1/2) acres) in Section 314-6.6.
7.6.1.4 Applications for Land Use and Permit Approvals Outside of Urbanized Areas. For land use and permit approvals on land zoned TL outside and not adjacent to urbanized areas, the permitted and conditionally permitted use and minimum yard setbacks and ground coverage, maximum structure height, and permitted main building types shall be those specified for Rural Residential Agriculture Zone (minimum lot size two and one-half (2-1/2) acres or greater) in Section 314-6.6.
7.6.1.5 Subdivisions. ¶
7.6.1.5.1Subdivisions of land zoned TL within urbanized areas shall have a maximum residential density of one (1) acre per dwelling unit.
7.6.1.5.2Subdivisions of land zoned TL outside urbanized areas shall have a maximum residential density of maximum residential density of forty (40) acres per dwelling unit.
7.6.1.5.3Policies relating to rural lands contained in General Plan Section 4.4, Rural Lands, shall apply to all subdivisions of land zoned TL. (Ord. 2629, § 5, 6/11/2019; Ord. 2635, §§ 2, 3, 5, 8/27/2019; Ord. 2678, § 5, 7/13/2021; Ord. 2703, § 3, 11/29/2022; Ord. 2781, § 3, 1/13/2026)
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8.1 U: UNCLASSIFIED ZONE ¶
As provided in this Code, all of the unincorporated area of the County not otherwise zoned is designated as the Unclassified or U Zone. This area has not been sufficiently studied to justify precise zoning classifications. The following Code sections have been adopted to protect the health, safety and general welfare of the citizens and to insure orderly development in conformance with the General Plan. (Former Section INL#314-2(a); Ord. 894, Sec. 1, 12/19/72)
| 314-8.1 | U: UNCLASSIFIED ZONE |
|---|---|
| Principal Permitted Uses | |
| One(1)familydwelling. | |
| Accessorydwellingunit. | |
| General agriculture. | |
| Rooming,and boardingof not more than two(2) persons. | |
| Manufactured home. | |
| Tiny house villages and dependent unit villages, with a land use designation of | |
| Residential-Medium Density (RM) or Residential-Low Density (RL) at a density | |
| no greater than allowed by the General Plan or as may be modified by a | |
| combiningzone,with connection topublic water and wastewater. |
Uses Permitted With a Special Permit
Tiny house villages and dependent unit villages, with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, without connection to public water and wastewater.
Uses Permitted With a Use Permit Emergency dependent unit villages and alternative lodge parks with a land use designation of Residential-Medium (RM), Commercial General (CG) or Commercial Services (CS). Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone, with connection to public water and wastewater.
All other uses not specified in the subsection, Principal Permitted Uses, may be permitted upon the granting of a Use Permit.
Other Regulations for All Permitted Uses
| Minimum Lot Area | Six thousand(6,000)square feet. |
|---|---|
| Minimum Lot Width |
Fifty (50) feet. |
| Maximum Lot Depth |
Three (3) times the width. |
| Minimum Lot Depth |
One hundred (100) feet. |
| Minimum Yard | |
| Setbacks ***** |
|
| Front | Twenty (20)feet. |
| 314-8.1 | |
| --- | --- |
| Rear | |
| Side | |
| Minimum Distance Between Major Buildings |
|
| Maximum Ground Coverage |
|
| Maximum Building Height |
|
| Other Regulations for Uses Permitted With a Use Permit | |
| The building height, site area, setbacks and other requirements for all other uses shall be as required by the Planning Commission in the granting of a Use Permit. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G - Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Sections INL#314-2(b)(1-4); INL#314-2(c); INL#314-3(a)(1-4); INL#314-3(b)) (Ord. 2678, § 6, 7/13/2021; Ord. 2742, § 4, 8/20/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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8.1 U: UNCLASSIFIED ZONE ¶
As provided in this Code, all of the unincorporated area of the County not otherwise zoned is designated as the Unclassified or U Zone. This area has not been sufficiently studied to justify precise zoning classifications. The following Code sections have been adopted to protect the health, safety and general welfare of the citizens and to insure orderly development in conformance with the General Plan. (Former Section INL#314-2(a); Ord. 894, Sec. 1, 12/19/72)
| 314-8.1 | U: UNCLASSIFIED ZONE |
|---|---|
| Principal Permitted Uses | |
| One(1)familydwelling. | |
| Accessorydwellingunit. | |
| General agriculture. | |
| Rooming,and boardingof not more than two(2) persons. | |
| Manufactured home. | |
| Tiny house villages and dependent unit villages, with a land use designation of | |
| Residential-Medium Density (RM) or Residential-Low Density (RL) at a density | |
| no greater than allowed by the General Plan or as may be modified by a | |
| combiningzone,with connection topublic water and wastewater. |
Uses Permitted With a Special Permit
Tiny house villages and dependent unit villages, with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, without connection to public water and wastewater.
Uses Permitted With a Use Permit Emergency dependent unit villages and alternative lodge parks with a land use designation of Residential-Medium (RM), Commercial General (CG) or Commercial Services (CS). Tiny house villages and dependent unit villages, at a density no greater than allowed by the General Plan or as may be modified by a combining zone, with connection to public water and wastewater.
All other uses not specified in the subsection, Principal Permitted Uses, may be permitted upon the granting of a Use Permit.
Other Regulations for All Permitted Uses
| Minimum Lot Area | Six thousand(6,000)square feet. |
|---|---|
| Minimum Lot Width |
Fifty (50) feet. |
| Maximum Lot Depth |
Three (3) times the width. |
| Minimum Lot Depth |
One hundred (100) feet. |
| Minimum Yard | |
| Setbacks ***** |
|
| Front | Twenty (20)feet. |
| 314-8.1 | |
| --- | --- |
| Rear | |
| Side | |
| Minimum Distance Between Major Buildings |
|
| Maximum Ground Coverage |
|
| Maximum Building Height |
|
| Other Regulations for Uses Permitted With a Use Permit | |
| The building height, site area, setbacks and other requirements for all other uses shall be as required by the Planning Commission in the granting of a Use Permit. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G - Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
(Former Sections INL#314-2(b)(1-4); INL#314-2(c); INL#314-3(a)(1-4); INL#314-3(b)) (Ord. 2678, § 6, 7/13/2021; Ord. 2742, § 4, 8/20/2024; Ord. 2743a, § 4, 8/20/2024) Your Selections
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9.1 MU1: MIXED USE (URBAN) ¶
The purpose of the Mixed Use (Urban) or MU1 Zone is to provide for pedestrian-oriented, mixed use development (commercial, office, and higher density residential). The permitted uses and other regulations may be modified through community specific planning by the application of the appropriate Special Area Combining Zone, such as a D – Design Control or Q – Qualified Combining Zone.
| 314-9.1 | MU1: MIXED USE(URBAN) |
|---|---|
| Use Type | Principal Permitted Use |
| Residential Use Types | Two (2) Family Dwellings and Multiple Dwellings and Dwelling Groups Single-Family Residential Accessory Dwelling Unit Tiny House Villages and Dependent Unit Villages With Connection to Public Water and Wastewater Emergency Dependent Unit Villages Supportive and Transitional Housing Subject Only to Restrictions That Apply to Other Residential Dwellings of the Same Type in the Same Zone Guest House EmergencyShelter |
| Commercial Use Types | Neighborhood Commercial Retail Sales and Retail Services Transient Habitation Office and Professional Service Bed and Breakfast Establishment; Subject to the Bed and Breakfast Establishment Regulations Commercial and Private Recreation |
| 314-9.1 | MU1: MIXED USE(URBAN) |
| --- | --- |
| Civic Use Types | Minor Utilities Essential Services Conducted Entirely Within an Enclosed Building Community Assembly Public and Parochial Parks, Playgrounds and Playing Fields Noncommercial Recreation |
| Industrial Use Types | Cottage Industry; Subject to the Cottage Industry Regulations |
| Use Type | Special Permitted Use |
| Residential Use Types | Tiny House Villages and Dependent Unit Villages Without Connection to Public Water and Wastewater |
| Use Type | Conditionally Permitted Use |
| Civic Use Types | Public Recreation and Open Space Minor Generation and Distribution Facilities |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MU Zone. |
| Development Standards | |
| Minimum Lot Area | Two thousand(2,000)square feet. |
| Minimum Lot Width |
Twenty-five feet (25'). |
| Minimum Yard Setbacks ***** |
|
| Front | None, except that where frontage is in a block which is partially in a residential zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such residential zone. |
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
| Side | None, except that a side yard of an interior lot abutting on a residential zone (RS, R-1, R-2, R-3, R-4) or agricultural zone (AE, AG) shall be not less than the |
| 314-9.1 | MU1: MIXED USE(URBAN) |
| --- | --- |
| front yard required in such residential zone or agricultural zone. |
|
| Maximum Ground Coverage |
One hundred percent (100%). |
| Maximum Structure Height |
Seventy-five feet (75'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G
- Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
9.1.1 Other MU1 – Mixed Use (Urban) Regulations. ¶
9.1.1.1 Landscaping. All new residential and commercial projects shall use landscaping to enhance the appearance of neighborhoods, control erosion, conserve water, improve air quality and improve pedestrian and vehicular safety.
9.1.1.1.1Landscaping shall be required for new development which creates five (5) or more new parking spaces.
9.1.1.1.2The landscaping policies shall be accomplished by the submittal of a landscaping plan.
9.1.1.2 Outdoor Lighting. New outdoor lighting shall be compatible with the existing setting. Exterior lighting fixtures and street standards (both for residential and commercial areas) shall be fully shielded, and designed and installed to minimize off-site lighting and direct light within the property boundaries. New development and projects that would make significant parking lot improvements or add new exterior lighting are required to submit a lighting plan consistent with these regulations. Lighting designs should address:
9.1.1.2.1All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises.
9.1.1.2.2A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted.
9.1.1.2.3No lighting shall be of the type or in a location such that constitutes a hazard to vehicular traffic, either on private property or on abutting streets.
9.1.1.3 Parking. Parking requirements are as specified in Section 314-109.1, Off-Street Parking, except that Section 314-109.1.2.6, Multiple Uses and Joint Use, shall not apply when mixed residential and nonresidential uses are proposed within a single parcel. With approval of a special permit a mixed use project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts. Approval of reductions in required parking and sharing of parking shall be based on substantial evidence provided by the applicant documenting the adequacy of fewer spaces. Documentation may include but is not limited to customer traffic, location within one-half (1/2) mile of a transit stop and connection With appropriate pedestrian and bicycle facilities, available public parking, surrounding land use mix, or peak parking demand of adjacent uses.
9.1.1.4 Outdoor Trash Storage (Nonresidential Only). All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1) foot higher than the trash container.
9.1.1.5 On-Site Performance Standards. On-site performance standards are as follows: ¶
9.1.1.5.1 Odors. No use shall create objectionable odors readily detectable beyond the property line.
9.1.1.5.2 Dust and Smoke. No use shall create dust or smoke that is readily detectable beyond the property line (in addition to meeting all air pollution requirements).
9.1.1.5.3 Vibration. No use shall create vibration detectable without instruments at the property line.
9.1.1.5.4 Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television service beyond the property line.
9.1.1.5.5 Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.
9.1.1.6 Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable County, State or Federal standards.
9.2 MU2: MIXED USE (RURAL) ¶
The purpose of the Mixed Use (Rural) or MU2 Zone is to provide for small-scale mixed use development (commercial, office, and residential) for smaller population bases. The permitted uses and other regulations may be modified through community specific
planning by the application of the appropriate Special Area Combining Zone, such as a D – Design Control or Q – Qualified Combining Zone.
| 314-9.2 | MU2: MIXED USE(RURAL) |
|---|---|
| Use Type | Principal Permitted Use |
| Residential Use Types | Two (2) Family Dwellings Single-Family Residential Accessory Dwelling Unit Supportive and Transitional Housing Subject Only to Restrictions That Apply to Other Residential Dwellings of the Same Type in the Same Zone Guest House EmergencyShelter |
| Commercial Use Types | Neighborhood Commercial Retail Sales and Retail Services Office and Professional Service Bed and Breakfast Establishment; Subject to the Bed and Breakfast Establishment Regulations Commercial and Private Recreation |
| Civic Use Types | Minor Utilities Essential Services Conducted Entirely Within an Enclosed Building Community Assembly Public and Parochial Parks, Playgrounds and Playing Fields Noncommercial Recreation |
| Industrial Use Types | Cottage Industry; Subject to the Cottage Industry Regulations |
| Agricultural Use Types | General Agriculture |
| Use Type | Conditionally Permitted Use |
| Residential Use Types | Multiple Dwellings Containing Four (4) or Fewer Units per Building Manufactured Home Parks Tiny House Villages Dependent Unit Villages |
| 314-9.2 | MU2: MIXED USE(RURAL) |
| --- | --- |
| Emergency Dependent Unit Villages Alternative Lodge Parks |
|
| Commercial Use Types | Heavy Commercial Transient Habitation |
| Civic Use Types | Public Recreation and Open Space Minor Generation and Distribution Facilities |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MU Zone. |
| Development Standards | |
| Minimum Lot Area | Five thousand(5,000)square feet. |
| Minimum Lot Width |
Fifty feet (50'). |
| Minimum Yard Setbacks ***** |
|
| Front | Fifteen feet(15'). |
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Maximum Ground Coverage |
Fifty percent (50%). |
| Maximum Building Height |
Fifty feet (50'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G - Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
9.2.1 Other MU2 – Mixed Use (Rural) Regulations.
9.2.1.1 Landscaping. All new residential and commercial projects shall use landscaping to enhance the appearance of neighborhoods, control erosion, conserve water, improve air quality and improve pedestrian and vehicular safety.
9.2.1.1.1Landscaping shall be required for new development which creates five (5) or more new parking spaces.
9.2.1.1.2The landscaping policies shall be accomplished by the submittal of a landscaping plan.
9.2.1.2 Outdoor Lighting. New outdoor lighting shall be compatible with the existing setting. Exterior lighting fixtures and street standards (both for residential and commercial areas) shall be fully shielded, and designed and installed to minimize off-site lighting and direct light within the property boundaries. New development and projects that would make significant parking lot improvements or add new exterior lighting are required to submit a lighting plan consistent with these regulations. Lighting designs should address:
9.2.1.2.1All lighting shall be designed and located so as to confine direct lighting to the premises;
9.2.1.2.2A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted; and
9.2.1.2.3No lighting shall be of the type or in a location such that constitutes a hazard to vehicular traffic, either on private property or on abutting streets.
9.2.1.3 Parking. Parking requirements are as specified in Section 314-109.1, Off-Street Parking, except that Section 314-109.1.2.6, Multiple Uses, shall not apply when mixed residential and nonresidential uses are proposed within a single parcel. With approval of a special permit a mixed use project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts.
9.2.1.4 Outdoor Trash Storage (Nonresidential Only). All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1) foot higher than the trash container.
9.2.1.5 On-Site Performance Standards. On-site performance standards are as follows:
9.2.1.5.1 Odors. No use shall create objectionable odors readily detectable beyond the property line.
9.2.1.5.2 Dust and Smoke. No use shall create dust or smoke that is readily detectable beyond the property line (in addition to meeting all air pollution requirements).
9.2.1.5.3 Vibration. No use shall create vibration detectable without instruments at the property line.
9.2.1.5.4 Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television service beyond the property line.
9.2.1.5.5 Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.
9.2.1.6 Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable County, State or Federal standards. (Ord. 2635, § 6, 8/27/2019; Ord. 2693, § 8, 6/7/2022; Ord. 2721, § 8, 7/11/2023; Ord. 2732, § 8, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2743a, § 4, 8/20/2024)
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9.1 MU1: MIXED USE (URBAN) ¶
The purpose of the Mixed Use (Urban) or MU1 Zone is to provide for pedestrian-oriented, mixed use development (commercial, office, and higher density residential). The permitted uses and other regulations may be modified through community specific planning by the application of the appropriate Special Area Combining Zone, such as a D – Design Control or Q – Qualified Combining Zone.
| 314-9.1 | MU1: MIXED USE(URBAN) |
|---|---|
| Use Type | Principal Permitted Use |
| Residential Use Types | Two (2) Family Dwellings and Multiple Dwellings and Dwelling Groups Single-Family Residential Accessory Dwelling Unit Tiny House Villages and Dependent Unit Villages With Connection to Public Water and Wastewater Emergency Dependent Unit Villages Supportive and Transitional Housing Subject Only to Restrictions That Apply to Other Residential Dwellings of the Same Type in the Same Zone Guest House EmergencyShelter |
| Commercial Use Types | Neighborhood Commercial Retail Sales and Retail Services Transient Habitation Office and Professional Service Bed and Breakfast Establishment; Subject to the Bed and Breakfast Establishment Regulations Commercial and Private Recreation |
| 314-9.1 | MU1: MIXED USE(URBAN) |
| --- | --- |
| Civic Use Types | Minor Utilities Essential Services Conducted Entirely Within an Enclosed Building Community Assembly Public and Parochial Parks, Playgrounds and Playing Fields Noncommercial Recreation |
| Industrial Use Types | Cottage Industry; Subject to the Cottage Industry Regulations |
| Use Type | Special Permitted Use |
| Residential Use Types | Tiny House Villages and Dependent Unit Villages Without Connection to Public Water and Wastewater |
| Use Type | Conditionally Permitted Use |
| Civic Use Types | Public Recreation and Open Space Minor Generation and Distribution Facilities |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MU Zone. |
| Development Standards | |
| Minimum Lot Area | Two thousand(2,000)square feet. |
| Minimum Lot Width |
Twenty-five feet (25'). |
| Minimum Yard Setbacks ***** |
|
| Front | None, except that where frontage is in a block which is partially in a residential zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such residential zone. |
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
| Side | None, except that a side yard of an interior lot abutting on a residential zone (RS, R-1, R-2, R-3, R-4) or agricultural zone (AE, AG) shall be not less than the |
| 314-9.1 | MU1: MIXED USE(URBAN) |
| --- | --- |
| front yard required in such residential zone or agricultural zone. |
|
| Maximum Ground Coverage |
One hundred percent (100%). |
| Maximum Structure Height |
Seventy-five feet (75'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G
- Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
9.1.1 Other MU1 – Mixed Use (Urban) Regulations. ¶
9.1.1.1 Landscaping. All new residential and commercial projects shall use landscaping to enhance the appearance of neighborhoods, control erosion, conserve water, improve air quality and improve pedestrian and vehicular safety.
9.1.1.1.1Landscaping shall be required for new development which creates five (5) or more new parking spaces.
9.1.1.1.2The landscaping policies shall be accomplished by the submittal of a landscaping plan.
9.1.1.2 Outdoor Lighting. New outdoor lighting shall be compatible with the existing setting. Exterior lighting fixtures and street standards (both for residential and commercial areas) shall be fully shielded, and designed and installed to minimize off-site lighting and direct light within the property boundaries. New development and projects that would make significant parking lot improvements or add new exterior lighting are required to submit a lighting plan consistent with these regulations. Lighting designs should address:
9.1.1.2.1All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises.
9.1.1.2.2A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted.
9.1.1.2.3No lighting shall be of the type or in a location such that constitutes a hazard to vehicular traffic, either on private property or on abutting streets.
9.1.1.3 Parking. Parking requirements are as specified in Section 314-109.1, Off-Street Parking, except that Section 314-109.1.2.6, Multiple Uses and Joint Use, shall not apply when mixed residential and nonresidential uses are proposed within a single parcel. With approval of a special permit a mixed use project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts. Approval of reductions in required parking and sharing of parking shall be based on substantial evidence provided by the applicant documenting the adequacy of fewer spaces. Documentation may include but is not limited to customer traffic, location within one-half (1/2) mile of a transit stop and connection With appropriate pedestrian and bicycle facilities, available public parking, surrounding land use mix, or peak parking demand of adjacent uses.
9.1.1.4 Outdoor Trash Storage (Nonresidential Only). All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1) foot higher than the trash container.
9.1.1.5 On-Site Performance Standards. On-site performance standards are as follows: ¶
9.1.1.5.1 Odors. No use shall create objectionable odors readily detectable beyond the property line.
9.1.1.5.2 Dust and Smoke. No use shall create dust or smoke that is readily detectable beyond the property line (in addition to meeting all air pollution requirements).
9.1.1.5.3 Vibration. No use shall create vibration detectable without instruments at the property line.
9.1.1.5.4 Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television service beyond the property line.
9.1.1.5.5 Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.
9.1.1.6 Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable County, State or Federal standards.
9.2 MU2: MIXED USE (RURAL) ¶
The purpose of the Mixed Use (Rural) or MU2 Zone is to provide for small-scale mixed use development (commercial, office, and residential) for smaller population bases. The permitted uses and other regulations may be modified through community specific
planning by the application of the appropriate Special Area Combining Zone, such as a D – Design Control or Q – Qualified Combining Zone.
| 314-9.2 | MU2: MIXED USE(RURAL) |
|---|---|
| Use Type | Principal Permitted Use |
| Residential Use Types | Two (2) Family Dwellings Single-Family Residential Accessory Dwelling Unit Supportive and Transitional Housing Subject Only to Restrictions That Apply to Other Residential Dwellings of the Same Type in the Same Zone Guest House EmergencyShelter |
| Commercial Use Types | Neighborhood Commercial Retail Sales and Retail Services Office and Professional Service Bed and Breakfast Establishment; Subject to the Bed and Breakfast Establishment Regulations Commercial and Private Recreation |
| Civic Use Types | Minor Utilities Essential Services Conducted Entirely Within an Enclosed Building Community Assembly Public and Parochial Parks, Playgrounds and Playing Fields Noncommercial Recreation |
| Industrial Use Types | Cottage Industry; Subject to the Cottage Industry Regulations |
| Agricultural Use Types | General Agriculture |
| Use Type | Conditionally Permitted Use |
| Residential Use Types | Multiple Dwellings Containing Four (4) or Fewer Units per Building Manufactured Home Parks Tiny House Villages Dependent Unit Villages |
| 314-9.2 | MU2: MIXED USE(RURAL) |
| --- | --- |
| Emergency Dependent Unit Villages Alternative Lodge Parks |
|
| Commercial Use Types | Heavy Commercial Transient Habitation |
| Civic Use Types | Public Recreation and Open Space Minor Generation and Distribution Facilities |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MU Zone. |
| Development Standards | |
| Minimum Lot Area | Five thousand(5,000)square feet. |
| Minimum Lot Width |
Fifty feet (50'). |
| Minimum Yard Setbacks ***** |
|
| Front | Fifteen feet(15'). |
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Maximum Ground Coverage |
Fifty percent (50%). |
| Maximum Building Height |
Fifty feet (50'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G - Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
9.2.1 Other MU2 – Mixed Use (Rural) Regulations.
9.2.1.1 Landscaping. All new residential and commercial projects shall use landscaping to enhance the appearance of neighborhoods, control erosion, conserve water, improve air quality and improve pedestrian and vehicular safety.
9.2.1.1.1Landscaping shall be required for new development which creates five (5) or more new parking spaces.
9.2.1.1.2The landscaping policies shall be accomplished by the submittal of a landscaping plan.
9.2.1.2 Outdoor Lighting. New outdoor lighting shall be compatible with the existing setting. Exterior lighting fixtures and street standards (both for residential and commercial areas) shall be fully shielded, and designed and installed to minimize off-site lighting and direct light within the property boundaries. New development and projects that would make significant parking lot improvements or add new exterior lighting are required to submit a lighting plan consistent with these regulations. Lighting designs should address:
9.2.1.2.1All lighting shall be designed and located so as to confine direct lighting to the premises;
9.2.1.2.2A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted; and
9.2.1.2.3No lighting shall be of the type or in a location such that constitutes a hazard to vehicular traffic, either on private property or on abutting streets.
9.2.1.3 Parking. Parking requirements are as specified in Section 314-109.1, Off-Street Parking, except that Section 314-109.1.2.6, Multiple Uses, shall not apply when mixed residential and nonresidential uses are proposed within a single parcel. With approval of a special permit a mixed use project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts.
9.2.1.4 Outdoor Trash Storage (Nonresidential Only). All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1) foot higher than the trash container.
9.2.1.5 On-Site Performance Standards. On-site performance standards are as follows:
9.2.1.5.1 Odors. No use shall create objectionable odors readily detectable beyond the property line.
9.2.1.5.2 Dust and Smoke. No use shall create dust or smoke that is readily detectable beyond the property line (in addition to meeting all air pollution requirements).
9.2.1.5.3 Vibration. No use shall create vibration detectable without instruments at the property line.
9.2.1.5.4 Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television service beyond the property line.
9.2.1.5.5 Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.
9.2.1.6 Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable County, State or Federal standards. (Ord. 2635, § 6, 8/27/2019; Ord. 2693, § 8, 6/7/2022; Ord. 2721, § 8, 7/11/2023; Ord. 2732, § 8, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2743a, § 4, 8/20/2024)
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9.1 MU1: MIXED USE (URBAN) ¶
The purpose of the Mixed Use (Urban) or MU1 Zone is to provide for pedestrian-oriented, mixed use development (commercial, office, and higher density residential). The permitted uses and other regulations may be modified through community specific planning by the application of the appropriate Special Area Combining Zone, such as a D – Design Control or Q – Qualified Combining Zone.
| 314-9.1 | MU1: MIXED USE(URBAN) |
|---|---|
| Use Type | Principal Permitted Use |
| Residential Use Types | Two (2) Family Dwellings and Multiple Dwellings and Dwelling Groups Single-Family Residential Accessory Dwelling Unit Tiny House Villages and Dependent Unit Villages With Connection to Public Water and Wastewater Emergency Dependent Unit Villages Supportive and Transitional Housing Subject Only to Restrictions That Apply to Other Residential Dwellings of the Same Type in the Same Zone Guest House EmergencyShelter |
| Commercial Use Types | Neighborhood Commercial Retail Sales and Retail Services Transient Habitation Office and Professional Service Bed and Breakfast Establishment; Subject to the Bed and Breakfast Establishment Regulations Commercial and Private Recreation |
| 314-9.1 | MU1: MIXED USE(URBAN) |
| --- | --- |
| Civic Use Types | Minor Utilities Essential Services Conducted Entirely Within an Enclosed Building Community Assembly Public and Parochial Parks, Playgrounds and Playing Fields Noncommercial Recreation |
| Industrial Use Types | Cottage Industry; Subject to the Cottage Industry Regulations |
| Use Type | Special Permitted Use |
| Residential Use Types | Tiny House Villages and Dependent Unit Villages Without Connection to Public Water and Wastewater |
| Use Type | Conditionally Permitted Use |
| Civic Use Types | Public Recreation and Open Space Minor Generation and Distribution Facilities |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MU Zone. |
| Development Standards | |
| Minimum Lot Area | Two thousand(2,000)square feet. |
| Minimum Lot Width |
Twenty-five feet (25'). |
| Minimum Yard Setbacks ***** |
|
| Front | None, except that where frontage is in a block which is partially in a residential zone (RS, R-1, R-2, R-3, R-4) the front yard shall be the same as that required in such residential zone. |
| Rear | Fifteen feet (15'), except that where a rear yard abuts on an alley, such rear yard may be not less than five feet(5'). |
| Side | None, except that a side yard of an interior lot abutting on a residential zone (RS, R-1, R-2, R-3, R-4) or agricultural zone (AE, AG) shall be not less than the |
| 314-9.1 | MU1: MIXED USE(URBAN) |
| --- | --- |
| front yard required in such residential zone or agricultural zone. |
|
| Maximum Ground Coverage |
One hundred percent (100%). |
| Maximum Structure Height |
Seventy-five feet (75'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G
- Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
9.1.1 Other MU1 – Mixed Use (Urban) Regulations. ¶
9.1.1.1 Landscaping. All new residential and commercial projects shall use landscaping to enhance the appearance of neighborhoods, control erosion, conserve water, improve air quality and improve pedestrian and vehicular safety.
9.1.1.1.1Landscaping shall be required for new development which creates five (5) or more new parking spaces.
9.1.1.1.2The landscaping policies shall be accomplished by the submittal of a landscaping plan.
9.1.1.2 Outdoor Lighting. New outdoor lighting shall be compatible with the existing setting. Exterior lighting fixtures and street standards (both for residential and commercial areas) shall be fully shielded, and designed and installed to minimize off-site lighting and direct light within the property boundaries. New development and projects that would make significant parking lot improvements or add new exterior lighting are required to submit a lighting plan consistent with these regulations. Lighting designs should address:
9.1.1.2.1All lighting, exterior and interior, shall be designed and located so as to confine direct lighting to the premises.
9.1.1.2.2A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted.
9.1.1.2.3No lighting shall be of the type or in a location such that constitutes a hazard to vehicular traffic, either on private property or on abutting streets.
9.1.1.3 Parking. Parking requirements are as specified in Section 314-109.1, Off-Street Parking, except that Section 314-109.1.2.6, Multiple Uses and Joint Use, shall not apply when mixed residential and nonresidential uses are proposed within a single parcel. With approval of a special permit a mixed use project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts. Approval of reductions in required parking and sharing of parking shall be based on substantial evidence provided by the applicant documenting the adequacy of fewer spaces. Documentation may include but is not limited to customer traffic, location within one-half (1/2) mile of a transit stop and connection With appropriate pedestrian and bicycle facilities, available public parking, surrounding land use mix, or peak parking demand of adjacent uses.
9.1.1.4 Outdoor Trash Storage (Nonresidential Only). All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1) foot higher than the trash container.
9.1.1.5 On-Site Performance Standards. On-site performance standards are as follows: ¶
9.1.1.5.1 Odors. No use shall create objectionable odors readily detectable beyond the property line.
9.1.1.5.2 Dust and Smoke. No use shall create dust or smoke that is readily detectable beyond the property line (in addition to meeting all air pollution requirements).
9.1.1.5.3 Vibration. No use shall create vibration detectable without instruments at the property line.
9.1.1.5.4 Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television service beyond the property line.
9.1.1.5.5 Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.
9.1.1.6 Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable County, State or Federal standards.
9.2 MU2: MIXED USE (RURAL) ¶
The purpose of the Mixed Use (Rural) or MU2 Zone is to provide for small-scale mixed use development (commercial, office, and residential) for smaller population bases. The permitted uses and other regulations may be modified through community specific
planning by the application of the appropriate Special Area Combining Zone, such as a D – Design Control or Q – Qualified Combining Zone.
| 314-9.2 | MU2: MIXED USE(RURAL) |
|---|---|
| Use Type | Principal Permitted Use |
| Residential Use Types | Two (2) Family Dwellings Single-Family Residential Accessory Dwelling Unit Supportive and Transitional Housing Subject Only to Restrictions That Apply to Other Residential Dwellings of the Same Type in the Same Zone Guest House EmergencyShelter |
| Commercial Use Types | Neighborhood Commercial Retail Sales and Retail Services Office and Professional Service Bed and Breakfast Establishment; Subject to the Bed and Breakfast Establishment Regulations Commercial and Private Recreation |
| Civic Use Types | Minor Utilities Essential Services Conducted Entirely Within an Enclosed Building Community Assembly Public and Parochial Parks, Playgrounds and Playing Fields Noncommercial Recreation |
| Industrial Use Types | Cottage Industry; Subject to the Cottage Industry Regulations |
| Agricultural Use Types | General Agriculture |
| Use Type | Conditionally Permitted Use |
| Residential Use Types | Multiple Dwellings Containing Four (4) or Fewer Units per Building Manufactured Home Parks Tiny House Villages Dependent Unit Villages |
| 314-9.2 | MU2: MIXED USE(RURAL) |
| --- | --- |
| Emergency Dependent Unit Villages Alternative Lodge Parks |
|
| Commercial Use Types | Heavy Commercial Transient Habitation |
| Civic Use Types | Public Recreation and Open Space Minor Generation and Distribution Facilities |
| Natural Resource Use Types |
Fish and Wildlife Management Watershed Management Wetland Restoration Coastal Access Facilities |
| Use Types Not Listed in This Table |
Any use not specifically enumerated in this division, if it is similar to and compatible with the uses permitted in the MU Zone. |
| Development Standards | |
| Minimum Lot Area | Five thousand(5,000)square feet. |
| Minimum Lot Width |
Fifty feet (50'). |
| Minimum Yard Setbacks ***** |
|
| Front | Fifteen feet(15'). |
| Rear | Ten feet(10'). |
| Interior Side | Five feet(5'). |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five feet (25') from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works Director shall classifythe subject street.) |
| Maximum Ground Coverage |
Fifty percent (50%). |
| Maximum Building Height |
Fifty feet (50'). |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1, “G - Alquist-Priolo Fault Hazard,” and the “Fire Safe” Regulations at Division 11 of Title III.
9.2.1 Other MU2 – Mixed Use (Rural) Regulations.
9.2.1.1 Landscaping. All new residential and commercial projects shall use landscaping to enhance the appearance of neighborhoods, control erosion, conserve water, improve air quality and improve pedestrian and vehicular safety.
9.2.1.1.1Landscaping shall be required for new development which creates five (5) or more new parking spaces.
9.2.1.1.2The landscaping policies shall be accomplished by the submittal of a landscaping plan.
9.2.1.2 Outdoor Lighting. New outdoor lighting shall be compatible with the existing setting. Exterior lighting fixtures and street standards (both for residential and commercial areas) shall be fully shielded, and designed and installed to minimize off-site lighting and direct light within the property boundaries. New development and projects that would make significant parking lot improvements or add new exterior lighting are required to submit a lighting plan consistent with these regulations. Lighting designs should address:
9.2.1.2.1All lighting shall be designed and located so as to confine direct lighting to the premises;
9.2.1.2.2A light source shall not shine upon or illuminate directly on any surface other than the area required to be lighted; and
9.2.1.2.3No lighting shall be of the type or in a location such that constitutes a hazard to vehicular traffic, either on private property or on abutting streets.
9.2.1.3 Parking. Parking requirements are as specified in Section 314-109.1, Off-Street Parking, except that Section 314-109.1.2.6, Multiple Uses, shall not apply when mixed residential and nonresidential uses are proposed within a single parcel. With approval of a special permit a mixed use project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts.
9.2.1.4 Outdoor Trash Storage (Nonresidential Only). All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or view-obscuring fence at least one (1) foot higher than the trash container.
9.2.1.5 On-Site Performance Standards. On-site performance standards are as follows:
9.2.1.5.1 Odors. No use shall create objectionable odors readily detectable beyond the property line.
9.2.1.5.2 Dust and Smoke. No use shall create dust or smoke that is readily detectable beyond the property line (in addition to meeting all air pollution requirements).
9.2.1.5.3 Vibration. No use shall create vibration detectable without instruments at the property line.
9.2.1.5.4 Electromagnetic Interference. No use shall produce electromagnetic interference with normal radio or television service beyond the property line.
9.2.1.5.5 Glare. No use shall create intense light or glare that causes a nuisance or hazard beyond the property line.
9.2.1.6 Applicable Standards. Noise, atmospheric emissions, toxic or noxious matter, radiation, heat and humidity, fire and explosive hazards, or liquid and solid wastes shall be regulated by applicable County, State or Federal standards. (Ord. 2635, § 6, 8/27/2019; Ord. 2693, § 8, 6/7/2022; Ord. 2721, § 8, 7/11/2023; Ord. 2732, § 8, 3/5/2024; Ord. 2742, § 4, 8/20/2024; Ord. 2743a, § 4, 8/20/2024)
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The Combining Zone Designation is an additional zoning designation applied to some (but not all) properties. A combining zone modifies the allowed land use in some way when necessary for sound and orderly planning. For example, lot area and yard requirements of any Principal Zone may be modified by addition of the “B” Combining Zone. Definitions and terms used (such as “use type”) are explained in Section C: Index of Definitions of Language and Legal Terms.
15.1 APPLICABILITY ¶
The regulations set forth in this chapter for each of the Combining Zones shall modify the regulations for the Principal Zones with which they are combined. All uses and regulations of the Principal Zone shall apply in the Combined Zone except insofar as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations. (Former Section INL#315-1; Ord. 519, Sec. 501, 5/11/65)
15.2 SPECIAL AREA COMBINING ZONES AND RESPECTIVE DESIGNATIONS ¶
The following table lists all of the Special Area Combining Zones and their respective designations: (Former Section INL#313-2; Ord. 1800, Sec. 2, 6/23/87; Amended by Ord. 1842, Sec. 4, 8/16/88; Amended by Ord. 2214, 6/6/00)
| COMBINING ZONES - INLAND | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Airport SafetyReview | AP | 314-16.1 |
| Special BuildingSite | B | 314-17 |
| Design Control | D | 314-19 |
| Flood Hazard Areas | F | 314-21 |
| Alquist-Priolo Fault Hazard | G | 314-22.1 |
| Greenwayand Open Space | GO | 314-22.2 |
| Landscapingand Design Control | L | 314-27 |
| Manufactured Home Development Standard |
M | 314-28 |
| Noise Impact | N | 314-29.1 |
| Planned Development | P | 314-31 |
| Qualified | Q | 314-32 |
| Recreation | R | 314-33 |
| Development Standard | S | 314-34 |
| Development Standards - Standards in Addition to Manufactured Home Building Types are Modified |
SM | 314-34.2 |
| Development Standards - Minimum Lot Size and Minimum Average Lot Size are Both Specified |
SY | 314-34.3 |
| Development Standards Where Standards in Addition to Minimum Lot Size are Modified |
SZ | 314-34.4 |
| Manufactured Home | T | 314-35.1 |
| Streamside Management Areas and Wetlands |
WR | 314-38.1 |
COMBINING ZONES - INLAND
| COMBINING ZONES - INLAND | COMBINING ZONES - INLAND | COMBINING ZONES - INLAND |
|---|---|---|
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Recreation | X | 314-39.1 |
| Specified Minimum and Average Lot Size | Y | 314-40.1 |
| No Further Subdivision Allowed | Z | 314-41.1 |
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The Combining Zone Designation is an additional zoning designation applied to some (but not all) properties. A combining zone modifies the allowed land use in some way when necessary for sound and orderly planning. For example, lot area and yard requirements of any Principal Zone may be modified by addition of the “B” Combining Zone. Definitions and terms used (such as “use type”) are explained in Section C: Index of Definitions of Language and Legal Terms.
15.1 APPLICABILITY ¶
The regulations set forth in this chapter for each of the Combining Zones shall modify the regulations for the Principal Zones with which they are combined. All uses and regulations of the Principal Zone shall apply in the Combined Zone except insofar as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations. (Former Section INL#315-1; Ord. 519, Sec. 501, 5/11/65)
15.2 SPECIAL AREA COMBINING ZONES AND RESPECTIVE DESIGNATIONS ¶
The following table lists all of the Special Area Combining Zones and their respective designations: (Former Section INL#313-2; Ord. 1800, Sec. 2, 6/23/87; Amended by Ord. 1842, Sec. 4, 8/16/88; Amended by Ord. 2214, 6/6/00)
| COMBINING ZONES - INLAND | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Airport SafetyReview | AP | 314-16.1 |
| Special BuildingSite | B | 314-17 |
| Design Control | D | 314-19 |
| Flood Hazard Areas | F | 314-21 |
| Alquist-Priolo Fault Hazard | G | 314-22.1 |
| Greenwayand Open Space | GO | 314-22.2 |
| Landscapingand Design Control | L | 314-27 |
| Manufactured Home Development Standard |
M | 314-28 |
| Noise Impact | N | 314-29.1 |
| Planned Development | P | 314-31 |
| Qualified | Q | 314-32 |
| Recreation | R | 314-33 |
| Development Standard | S | 314-34 |
| Development Standards - Standards in Addition to Manufactured Home Building Types are Modified |
SM | 314-34.2 |
| Development Standards - Minimum Lot Size and Minimum Average Lot Size are Both Specified |
SY | 314-34.3 |
| Development Standards Where Standards in Addition to Minimum Lot Size are Modified |
SZ | 314-34.4 |
| Manufactured Home | T | 314-35.1 |
| Streamside Management Areas and Wetlands |
WR | 314-38.1 |
COMBINING ZONES - INLAND
| COMBINING ZONES - INLAND | COMBINING ZONES - INLAND | COMBINING ZONES - INLAND |
|---|---|---|
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Recreation | X | 314-39.1 |
| Specified Minimum and Average Lot Size | Y | 314-40.1 |
| No Further Subdivision Allowed | Z | 314-41.1 |
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The Combining Zone Designation is an additional zoning designation applied to some (but not all) properties. A combining zone modifies the allowed land use in some way when necessary for sound and orderly planning. For example, lot area and yard requirements of any Principal Zone may be modified by addition of the “B” Combining Zone. Definitions and terms used (such as “use type”) are explained in Section C: Index of Definitions of Language and Legal Terms.
15.1 APPLICABILITY ¶
The regulations set forth in this chapter for each of the Combining Zones shall modify the regulations for the Principal Zones with which they are combined. All uses and regulations of the Principal Zone shall apply in the Combined Zone except insofar as they are modified or augmented by the uses and regulations set forth in the Combining Zone regulations. (Former Section INL#315-1; Ord. 519, Sec. 501, 5/11/65)
15.2 SPECIAL AREA COMBINING ZONES AND RESPECTIVE DESIGNATIONS ¶
The following table lists all of the Special Area Combining Zones and their respective designations: (Former Section INL#313-2; Ord. 1800, Sec. 2, 6/23/87; Amended by Ord. 1842, Sec. 4, 8/16/88; Amended by Ord. 2214, 6/6/00)
| COMBINING ZONES - INLAND | ||
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Airport SafetyReview | AP | 314-16.1 |
| Special BuildingSite | B | 314-17 |
| Design Control | D | 314-19 |
| Flood Hazard Areas | F | 314-21 |
| Alquist-Priolo Fault Hazard | G | 314-22.1 |
| Greenwayand Open Space | GO | 314-22.2 |
| Landscapingand Design Control | L | 314-27 |
| Manufactured Home Development Standard |
M | 314-28 |
| Noise Impact | N | 314-29.1 |
| Planned Development | P | 314-31 |
| Qualified | Q | 314-32 |
| Recreation | R | 314-33 |
| Development Standard | S | 314-34 |
| Development Standards - Standards in Addition to Manufactured Home Building Types are Modified |
SM | 314-34.2 |
| Development Standards - Minimum Lot Size and Minimum Average Lot Size are Both Specified |
SY | 314-34.3 |
| Development Standards Where Standards in Addition to Minimum Lot Size are Modified |
SZ | 314-34.4 |
| Manufactured Home | T | 314-35.1 |
| Streamside Management Areas and Wetlands |
WR | 314-38.1 |
COMBINING ZONES - INLAND
| COMBINING ZONES - INLAND | COMBINING ZONES - INLAND | COMBINING ZONES - INLAND |
|---|---|---|
| COMBINING ZONE | DESIGNATION | CODE SECTION |
| Recreation | X | 314-39.1 |
| Specified Minimum and Average Lot Size | Y | 314-40.1 |
| No Further Subdivision Allowed | Z | 314-41.1 |
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16.1 AP - AIRPORT SAFETY REVIEW ¶
16.1.1 Purpose. The purpose of these provisions is to assist in maintaining compatibility between proposed land uses and development and Humboldt County airports.
16.1.2 Applicability. The Airport Safety Review Combining Zone, indicated by “AP” on the Zoning Maps, shall apply to lands within or under areas described in Section 333, Chapter 3, Division 3, Title III of the Humboldt County Code as clear zones, approach zones, transition zones, and beneath the flight track; or to lands identified as appropriate for airport safety review zoning in the most recently adopted Airport Land Use Compatibility Plan for the Humboldt County Airports Master Plan.
16.1.3 Modifications Imposed by the Airport Safety Review Combining Zone. Lands designated “AP” shall comply with the most recent Airport Land Use Compatibility Plan for the Humboldt County Airports Master Plan, as adopted by the Humboldt County Airport Land Use Commission. These provisions shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. (Ord. 2285, § 2, 12/10/2002)
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16.1 AP - AIRPORT SAFETY REVIEW ¶
16.1.1 Purpose. The purpose of these provisions is to assist in maintaining compatibility between proposed land uses and development and Humboldt County airports.
16.1.2 Applicability. The Airport Safety Review Combining Zone, indicated by “AP” on the Zoning Maps, shall apply to lands within or under areas described in Section 333, Chapter 3, Division 3, Title III of the Humboldt County Code as clear zones, approach zones, transition zones, and beneath the flight track; or to lands identified as appropriate for airport safety review zoning in the most recently adopted Airport Land Use Compatibility Plan for the Humboldt County Airports Master Plan.
16.1.3 Modifications Imposed by the Airport Safety Review Combining Zone. Lands designated “AP” shall comply with the most recent Airport Land Use Compatibility Plan for the Humboldt County Airports Master Plan, as adopted by the Humboldt County Airport Land Use Commission. These provisions shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. (Ord. 2285, § 2, 12/10/2002)
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17.1 B - SPECIAL BUILDING SITE ¶
The Special Building Site Combining or B Zones and subzones thereunder are intended to be combined with any principal zone in which sound and orderly planning indicate that lot area and yard requirements should be modified. The following regulations shall apply in any zone which is combined with a Special Building Site Combining or B Zone in lieu of the lot area and yard requirements normally applicable in such principal zone. (Former Section INL#315-2; Ord. 519, Sec. 505, 5/11/65; Ord; 1661, Sec. 2, 10/30/84; Amended by Ord. 1848, Sec. 15, 9/13/88)
ng indicate that lot area and yard requirements should be modified. The following regulations shall apply in any zone which is combined with a Special Building Site Combining or B Zone in lieu of the lot area and yard requirements normally applicable in such principal zone. (Former Section INL#315-2; Ord. 519, Sec. 505, 5/11/65; Ord; 1661, Sec. 2, 10/30/84; Amended by Ord. 1848, Sec. 15, 9/13/88)
| 314-17.1 | SPECIAL BUILDING SITE COMBINING ZONE | SPECIAL BUILDING SITE COMBINING ZONE | |
|---|---|---|---|
| DESIGNATION | BUILDING SITE AREA | ||
| B-1 | Six thousand(6,000)square feet | ||
| B-2 | Ten thousand(10,000)square feet | ||
| B-3 | Twentythousand(20,000)square feet | ||
| B-4 | One(1)acre | ||
| B-5 | As specified on the zoning maps designating any such zone, except that in no case shall these requirements be less than those required under the B-4requirements. |
||
| B-6 | Building site area as shown on subdivision maps of record. Front, side and rear yards to be not less than B-4 requirements unless otherwise indicated on the subdivision mapof record. |
||
| B-7 | Minimum lot size specified by B-7(x) on the zoning maps, where “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate B-7 parcel size designation shall be required, and, as necessary, other enforceable restrictions where necessary to maintain consistency with the General Plan shall also be required. See the following examples of the application of this section. |
||
| Minimum Yard Setback ***** |
Zones With a Minimum Lot Size of Less Than 2.5 Acres |
Zones With a Minimum Lot Size of 2.5 Acres or Greater |
|
| Front | Twenty (20)feet; | Twenty (20)feet | |
| Rear | Ten(10)feet | Twenty (20)feet | |
| Interior Side | Five(5)feet | Thirty (30)feet | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works |
Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works |
|
| 314-17.1 | SPECIAL BUILDING SITE COMBINING ZONE | SPECIAL BUILDING SITE COMBINING ZONE | |
| --- | --- | --- | --- |
| Director shall classify the subject street.) |
Director shall classify the subject street). |
||
| Double Frontage Lots |
Front and rear twenty (20) feet, except the rear yard setback may be reduced to ten (10) feet where such yard abuts an alley. |
Front and rear twenty (20) feet, except the rear yard setback may be reduced to ten (10) feet where such yard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#315-2(2)(a-f))
17.1.1 Examples of Applications.*
17.1.1.1 Example 1. A 180 acre tract of land is designated by the plan Agriculture Exclusive, with a planned density of one dwelling unit per 60 acres. If the zoning is AEB7 (10), subdivision could take place creating two 10 acre parcels and one 160 acre parcel. Such an action would require a rezone on the remainder parcel (in this case 160 acres) to prevent further subdivision in conflict with the density in the General Plan. The remaining 160 acre parcel would be rezoned to B7 (160). (Former Section INL#315-2)
180 Acres
17.1.1.2 Example 2. Same as Example 1, except only one 10 acre parcel is created. The Remaining 170 acre parcel could still be split two ways. Depending on the particular circumstances, a rezone, recorded map note, or other enforceable restriction might be appropriate. (Former Section INL#315-2)
180 Acres
17.1.1.3 Example 3. A 120 acre parcel has a General Plan designation of 20 acres per dwelling unit. 120 divided by 20 equals six parcels available. With a AEB7(2 1/2) zoning, two 1/2 acre parcels, one 5, one 20, and two 45 acre parcels could be created. Rezoning to the appropriate B7 parcel size designation would be necessary: B7(2 1/2), B7(5), B7(20), and B7(45), respectively. (Former Section INL#315-2)
120 Acres
*For illustrative purposes only; should the language of the ordinance and these examples conflict, the language of the ordinance shall prevail. (Former Section INL#315-2)
(Ord. 2635, § 4, 8/27/2019) Your Selections
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17.1 B - SPECIAL BUILDING SITE ¶
The Special Building Site Combining or B Zones and subzones thereunder are intended to be combined with any principal zone in which sound and orderly planning indicate that lot area and yard requirements should be modified. The following regulations shall apply in any zone which is combined with a Special Building Site Combining or B Zone in lieu of the lot area and yard requirements normally applicable in such principal zone. (Former Section INL#315-2; Ord. 519, Sec. 505, 5/11/65; Ord; 1661, Sec. 2, 10/30/84; Amended by Ord. 1848, Sec. 15, 9/13/88)
ng indicate that lot area and yard requirements should be modified. The following regulations shall apply in any zone which is combined with a Special Building Site Combining or B Zone in lieu of the lot area and yard requirements normally applicable in such principal zone. (Former Section INL#315-2; Ord. 519, Sec. 505, 5/11/65; Ord; 1661, Sec. 2, 10/30/84; Amended by Ord. 1848, Sec. 15, 9/13/88)
| 314-17.1 | SPECIAL BUILDING SITE COMBINING ZONE | SPECIAL BUILDING SITE COMBINING ZONE | |
|---|---|---|---|
| DESIGNATION | BUILDING SITE AREA | ||
| B-1 | Six thousand(6,000)square feet | ||
| B-2 | Ten thousand(10,000)square feet | ||
| B-3 | Twentythousand(20,000)square feet | ||
| B-4 | One(1)acre | ||
| B-5 | As specified on the zoning maps designating any such zone, except that in no case shall these requirements be less than those required under the B-4requirements. |
||
| B-6 | Building site area as shown on subdivision maps of record. Front, side and rear yards to be not less than B-4 requirements unless otherwise indicated on the subdivision mapof record. |
||
| B-7 | Minimum lot size specified by B-7(x) on the zoning maps, where “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate B-7 parcel size designation shall be required, and, as necessary, other enforceable restrictions where necessary to maintain consistency with the General Plan shall also be required. See the following examples of the application of this section. |
||
| Minimum Yard Setback ***** |
Zones With a Minimum Lot Size of Less Than 2.5 Acres |
Zones With a Minimum Lot Size of 2.5 Acres or Greater |
|
| Front | Twenty (20)feet; | Twenty (20)feet | |
| Rear | Ten(10)feet | Twenty (20)feet | |
| Interior Side | Five(5)feet | Thirty (30)feet | |
| Exterior Side | Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works |
Same as front or one-half (1/2) the front if all parts of the main building are more than twenty-five (25) feet from the rear lot line, and the exterior side yard does not abut a collector or higher order street. (In questionable cases, the Public Works |
|
| 314-17.1 | SPECIAL BUILDING SITE COMBINING ZONE | SPECIAL BUILDING SITE COMBINING ZONE | |
| --- | --- | --- | --- |
| Director shall classify the subject street.) |
Director shall classify the subject street). |
||
| Double Frontage Lots |
Front and rear twenty (20) feet, except the rear yard setback may be reduced to ten (10) feet where such yard abuts an alley. |
Front and rear twenty (20) feet, except the rear yard setback may be reduced to ten (10) feet where such yard abuts an alley. |
|
| Flag Lots | For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
For Flag Lots, the Director, in consultation with the Public Works Department, shall establish the minimum yard that is required for a vehicular turnaround on the lot. |
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
(Former Section INL#315-2(2)(a-f))
17.1.1 Examples of Applications.*
17.1.1.1 Example 1. A 180 acre tract of land is designated by the plan Agriculture Exclusive, with a planned density of one dwelling unit per 60 acres. If the zoning is AEB7 (10), subdivision could take place creating two 10 acre parcels and one 160 acre parcel. Such an action would require a rezone on the remainder parcel (in this case 160 acres) to prevent further subdivision in conflict with the density in the General Plan. The remaining 160 acre parcel would be rezoned to B7 (160). (Former Section INL#315-2)
180 Acres
17.1.1.2 Example 2. Same as Example 1, except only one 10 acre parcel is created. The Remaining 170 acre parcel could still be split two ways. Depending on the particular circumstances, a rezone, recorded map note, or other enforceable restriction might be appropriate. (Former Section INL#315-2)
180 Acres
17.1.1.3 Example 3. A 120 acre parcel has a General Plan designation of 20 acres per dwelling unit. 120 divided by 20 equals six parcels available. With a AEB7(2 1/2) zoning, two 1/2 acre parcels, one 5, one 20, and two 45 acre parcels could be created. Rezoning to the appropriate B7 parcel size designation would be necessary: B7(2 1/2), B7(5), B7(20), and B7(45), respectively. (Former Section INL#315-2)
120 Acres
*For illustrative purposes only; should the language of the ordinance and these examples conflict, the language of the ordinance shall prevail. (Former Section INL#315-2)
(Ord. 2635, § 4, 8/27/2019) Your Selections
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(Section Reserved for Future Use)
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19.1 D - DESIGN CONTROL ¶
It is the purpose of the Design Control Combining Zone to be combined with any principal zone to provide controls and safeguards to preserve and enhance areas of historical, scenic, civic or cultural values of the County. The D Zone is also combined with principal zones to preserve and enhance architectural and recreational aspects of designated areas of the County. Such appearance and design of buildings, sites, structures and signs should form a substantial contribution to the desirability of the zone for uses permitted therein. (Former Section INL#315-5)
19.1.1 Findings to Establish D Zone Regulations. The following criteria shall be used in establishing D Zone regulations. To qualify as a D Zone, the areas within the County should meet one (1) or more of the following categories: (Former Section INL#315-5(a))
19.1.1.1Areas of special or unique natural beauty and aesthetic interest forming a basic resource in the economy of the County, the preservation of which would enhance the tourism industry. (Former Section INL#315-5(a)(1))
19.1.1.2Sites, buildings, structures, or uses which have special historical interest. (Former Section INL#315-5(a)(2))
19.1.1.3Maintenance of architectural and recreational aspects of designated areas. (Former Section INL#315-5(a)(3))
19.1.2 Reviewing Authority. The member of the Board of Supervisors in whose district a D Zone is established may select any person(s) or organization who, in the opinion of the Board member, is qualified to act as the reviewing Authority of a D Zone. Such person(s) or organization must be devoid of any and all financial interest in the application under consideration. The representatives of any D Zone shall not exceed five (5) persons. Local representation (i.e., property owners and residents within the D Zone) shall be given first priority to serve on the Reviewing Authority. In the absence of any Board member’s approved representatives, the Director shall be the Reviewing Authority. (Former Section INL#315-5(b); Amended by Ord. 1443, Sec. 1, 1/13/81)
19.1.3 Architectural Standards. In order that buildings, sites structures, signs, landscaping, etc., will be in keeping with the findings stipulated in subsection 314-19.1.1, the Reviewing Authority shall take the following items under consideration in approving plans within a D Zone: (Former Section INL#315-5(c)(1-9))
19.1.3.1The height, bulk and area of buildings.
19.1.3.2All setbacks from property lines.
19.1.3.3The color, textures and materials of exterior walls.
19.1.3.4The type, pitch and material of roofs.
19.1.3.5The type, size and location of signs.
19.1.3.6Landscaping and parking lot layout.
19.1.3.7The relationship to other buildings and/or uses in the area.
19.1.3.8The architectural treatment as related to any historical buildings or structures.
19.1.3.9The location and treatment of the site as related to its natural setting including grading, cut and fills and preservation of trees and natural ground cover.
19.1.4 Additional Standards Applicable to Shelter Cove Only.
19.1.4.1 Building Structural Design Standards. ¶
19.1.4.1.1Residences must be constructed to a minimum width of twenty (20) feet at the narrowest point, as measured from exterior wall to exterior wall, to be compatible with existing residences. (Former Section INL#315-5(d)(1)(a); Ord. 1913, Sec. 1, 10/30/90)
19.1.4.1.2Foundations must be designed to meet the Uniform Building Code requirements of seismic Zone IV. All structures that require a building permit, including but not limited to manufactured homes, shall be attached to continuous perimeter foundations meeting the seismic zone IV standards. Engineered pole structures where a continuous perimeter foundation is not feasible due to the slopes or site conditions shall be exempt from this provision. (Former Section INL#315-5(d)(1)(b); Ord. 1913, Sec. 1, 10/30/90)
19.1.4.1.3A minimum roof overhang of twelve (12) inches (not including rain gutters) must be provided on all residences. This overhang is to be an integral part of the structure. Gable ends may be excluded when approved as part of the design review process. (Former Section INL#315-5(d)(1)(c); Ord. 1913, Sec. 1, 10/30/90)
19.1.4.1.4Exterior walls and roofing material of unfinished metal or galvanized metal are prohibited. The exterior finish of any metal material must have a manufacturer’s warranty certifying a minimum life of fifteen (15) years. Flammable roofing material such as wood shakes or shingles are not recommended. (Former Section INL#315-5(d)(1)(d); Ord. 1913, Sec. 1, 10/30/90)
19.1.5 Procedure. ¶
19.1.5.1When property is to be developed in a D Zone, the applicant shall submit the required data in accordance with subsection 31419.1.3 to the Planning Division. The application shall be accompanied by a fee in the amount as established by Ordinance or Resolution of the Board of Supervisors. (Former Section INL#315-5(e))
19.1.5.2The Reviewing Authority is empowered to approve and conditionally approve projects. Denials of any project by the Authority shall be referred to the Planning Commission for action. (Former Section INL#315-5(e))
19.1.5.3If the applicant is not satisfied with the Reviewing Authority’s action on any conditional approval, the application shall be referred to the Planning Commission for decision. The decision of the Planning Commission may be appealed to the Board of Supervisors as provided for in this section. (Former Section INL#315-5(e); Amended by Ord. 1280, Sec. 2, 10/10/78)
19.1.6 Building Permit Issuance. In no event shall building permits be issued in a D Zone until such plans have been approved or conditionally approved by the Reviewing Authority, Planning Commission, or Board of Supervisors. Designated local authorities shall notify the Director on action taken on projects. The Director shall take appropriate action to release building permits or refer to the Planning Commission. (Former Section INL#315-5(f))
19.1.7 Destruction or Alteration Designated Historical Buildings. No historical buildings as officially designated by the Board of Supervisors or their authorized County representatives in any D Zone shall be demolished, altered, improved, or otherwise changed in exterior appearance except as hereinafter provided: (Former Section INL#315-5(g))
19.1.7.1If any historical building is damaged by a natural disaster (including but not limited to earthquake or fire), the owner thereof may repair such building if he secures a permit from the Reviewing Authority. (Former Section INL#315-5(g)(1))
19.1.7.2Any owner making any exterior alterations to a historical building shall submit plans and secure approval from the Reviewing Authority prior to construction. (Former Section INL#315-5(g)(2))
19.1.7.3Any owner planning to demolish any historical building (as officially designated) shall provide notice of intention to the Board sixty (60) days in advance of any work on the project. Within the sixty (60) day period the Board shall determine whether Federal, State or local agencies or organizations can acquire the building and site or make other suitable arrangements with the owner. (Former Section INL#315-5(g)(3))
19.1.8 Annual Report. Designated Reviewing Authorities shall prepare an annual report to the County Planning Commission indicating the number of applications acted upon and a general description of the projects. The annual report should be submitted to the Director during the month of January. (Former Section INL#315-5(h); Ord. 1058, Sec. 1, 12/16/75; Amended Ord. 1913, Sec. 1, 10/30/90)
19.1.9 Additional Standards and Procedure Applicable to Scotia Only. ¶
19.1.9.1 Special Permit Required. ¶
19.1.9.1.1A Special Permit is required for all development in Scotia subject to these regulations
19.1.9.1.2The application for the permit shall be accompanied by a fee in the amount established by ordinance or resolution of the Board of Supervisors.
19.1.9.2 Appointment and Composition of the Design Review Committee(s). The Board of Supervisors may select any person(s) or organization who, in the opinion of the Board, is qualified to serve on the committee. Such person(s) must be devoid of any and all financial interest in the development application under consideration. The representatives of the Design Review Committee(s) shall not exceed five (5) persons. In the absence of any Board of Supervisors’ approved representatives, the Director shall be the reviewing authority.
19.1.9.2.1There is hereby created a Scotia Design Review Committee, which shall consist of the following members:
Five members, who shall be appointed by the Board of Supervisors. These members shall have demonstrated experience in historic preservation or cultural resource land use issues or other qualifications satisfactory to the Board.
The terms of the appointed members shall begin upon Board approval and shall be for five (5) years and may be renewed.
19.1.9.3.1Authority and Responsibilities of the Scotia Design Review Committee (Scotia DRC)
19.1.9.3.1.1The Scotia Design Review Committee shall:
19.1.9.3.1.1.1Review applications to alter or demolish all or part of any structure identified as a contributing historic structure in the Scotia General Plan Amendment Environmental Impact Report.
19.1.9.3.1.1.2Adopt maximum times for its historic preservation review to be completed, which if exceeded, may be treated as no comment on a project.
19.1.9.3.1.2The Scotia DRC shall, to the extent it deems appropriate, have the authority to:
19.1.9.3.1.2.1Make recommendations to the Humboldt County Planning Commission for discretionary projects or to the Planning Director for ministerial projects involving contributing historical structures for approval of or conditional approval of projects under review. These recommendations may include restrictions on the use of such property or requirements to retain historical characteristics. These recommendations shall be based on the application of the Secretary of the Interior’s Standards and Guidelines - for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Scotia Design Guidelines (Exhibit D).
19.1.9.3.1.2.2Assist studies or programs designed to identify and evaluate structures, other physical features, sites, and areas which are worthy of preservation.
19.1.9.3.1.2.3Review projects for development of new structures for consistency with Scotia Design Guidelines and for compatibility with existing contributing historic structures.
19.1.9.3.1.2.4Inspect and investigate structures, other physical features, sites, and areas which are worthy of preservation.
19.1.9.3.1.2.5Consider methods other than those described above for encouraging and achieving preservation of worthy structures, other physical features, sites, and areas, including exploring means of financing the restoration or maintenance thereof.
19.1.9.3.1.2.6Make appropriate recommendations on the general subject of preservation to the Planning Commission, Board of Supervisors, other public and private agencies and bodies, and the general public.
19.1.9.3.2In the Absence of an appointed Scotia Design Review Committee
19.1.9.3.2.1Historic Assessment Report required: In the absence of an appointed Scotia Design Review Committee, the Director will require a preliminary assessment report (Historic Assessment Study). This report shall be based on a visual examination of the property and historic research conducted by a professional historic resource consultant who then prepares a written report that contains their findings and recommendations. The report will also describe any further actions that might be needed to avoid or lessen development related impacts to any historical resources encountered.
19.1.9.3.2.2Historic Assessment Study Contents: The historic assessment study should, at the minimum, contain:
19.1.9.3.2.2.1Evidence of a full background literature search through the local depositories such as Humboldt County Historical Society, Humboldt State University Library, Humboldt County Library, etc.
19.1.9.3.2.2.2A brief description of the project parcel(s) and the expectations of the consultant at the onset of the inventory report;
19.1.9.3.2.2.3A clear description of the methods and results of the field inventory including rationale for surface coverage and a brief discussion of any historic resources encountered. This treatment should be patterned after the Secretary of the Interior’s Standards - and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm;
19.1.9.3.2.2.4A generally accurate map (7.5' USGS topographic, parcel map or engineers map) in a scale sufficient to show the intensity and coverage of the field inventory as well as the location of any resources encountered;
19.1.9.3.2.2.5A description and evaluation of any structures and a determination of whether or not they qualify as historical resources.
19.1.9.3.2.2.6If the resource is historic, provide recommended means to avoid or lessen development related impacts to any historical resources encountered on the parcel(s);
19.1.9.3.2.2.7The names of any local persons consulted during the preparation of the report;
19.1.9.3.2.2.8Statement of Qualifications (education, employment, field experience, previous reports and publications in historic resources). Qualification requirements used shall be the requirements used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR Part 61.
19.1.9.3.2.3 Performance Standard. Applicants shall avoid impacts to historical resources where feasible. When this is not feasible, mitigation measures shall be incorporated into the project to lessen the impact of the project on these resources. Mitigation shall be in accordance with the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As - Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, the Scotia Design Guidelines and Appendix K of the State CEQA Guidelines.
19.1.9.3.2.4 Process. The recommendations of the Historic Assessment Report will serve as a substitute for recommendations from the Scotia Design Review Committee and will be used to address historic resource impacts in discretionary permit decisions and for CEQA compliance.
19.1.9.3.3Standards for Alterations and Demolitions
19.1.9.3.3.1No contributing structure shall be demolished unless the County makes one (1) of the following findings, following notice and hearings to the extent required under existing regulations.
19.1.9.3.3.1.1The property is unsafe or a hazard to the pubic as a result of an unforeseen event such as a fire or earthquake; or
19.1.9.3.3.1.2Taking into account the potential value to the owner of the property of all available County accommodations and incentives (including without limitation transferable development rights, zoning ordinance modifications, alternative building code standards or provisions, loans, grants, reimbursements and tax reductions) either:
19.1.9.3.3.1.2.1The current or most recent use of the property is not permitted under the current planning code (except as a nonconforming use) and adaptive reuse is not economically feasible;
19.1.9.3.3.1.2.2The adverse impact on the owner of the property is unreasonably large in comparison to the public benefit from denying demolition; or
19.1.9.3.3.1.2.3Denying permission to demolish would result in a taking or would violate state or federal law; or
19.1.9.3.3.1.3Demolition must be allowed pursuant to the State Housing Law (Cal. Health and Safety Code Sections 17900 et seq.) or other applicable state or federal law.
19.1.9.3.3.2Conditions may be imposed on demolition to the extent authorized by any other applicable law or this chapter including without limitation the following:
19.1.9.3.3.2.1Documentation may be required of any structure to be demolished and/or for the property;
19.1.9.3.3.2.2Historic Preservation Review and Planning Commission approval may be required for any subsequent development of the property;
19.1.9.3.3.2.3Demolition may be delayed for up to 90 days to allow time to identify a prospective buyer for the property, to identify a third party interested in relocating the affected structure or to allow the County to determine whether to begin eminent domain procedures, and for up to an additional 90 days to allow completion of the purchase or relocation or commencement of a judicial condemnation acting, if, within the initial 90 days a buyer or third party is identified of the County determines to begin eminent domain procedures. In the case of purchase or relocation by a third party, demolition may be denied where a third party is willing and able to purchase the property or relocate the structure within the time established by this subdivision is identified and makes a bona fide offer to purchase the property or structure at fair market value, as determined by appraisal.
19.1.9.3.3.2.4With respect to demolition of a structure within the Scotia town site, the County shall take into account the importance of an affected structure to the integrity of other existing historic resources, and may: limit the size of new development to that of the existing structure; require that the scale of new development be harmonious with other structures which contribute to historic character; require retention or reconstruction of one (1) or more facades; and/or require that any replacement structure be of like kind or quality to the demolished structure and contribute to the integrity of the existing historic structure.
19.1.9.3.3.3No contributing historic structure shall be altered unless the alteration is approved by the County pursuant to this chapter. The Scotia Design Review Committee shall follow the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND - HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Scotia Design Guidelines (Exhibit D) for alterations and review of alteration applications, applicable specifically to designated properties. Except to the extent such guidelines provide differently, a proposed alteration shall be considered in light of its effect on the existing character of the affected structure as it relates to the streetscape. (Ord. 2422, § 1, 11/10/2009)
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19.1 D - DESIGN CONTROL ¶
It is the purpose of the Design Control Combining Zone to be combined with any principal zone to provide controls and safeguards to preserve and enhance areas of historical, scenic, civic or cultural values of the County. The D Zone is also combined with principal zones to preserve and enhance architectural and recreational aspects of designated areas of the County. Such appearance and design of buildings, sites, structures and signs should form a substantial contribution to the desirability of the zone for uses permitted therein. (Former Section INL#315-5)
19.1.1 Findings to Establish D Zone Regulations. The following criteria shall be used in establishing D Zone regulations. To qualify as a D Zone, the areas within the County should meet one (1) or more of the following categories: (Former Section INL#315-5(a))
19.1.1.1Areas of special or unique natural beauty and aesthetic interest forming a basic resource in the economy of the County, the preservation of which would enhance the tourism industry. (Former Section INL#315-5(a)(1))
19.1.1.2Sites, buildings, structures, or uses which have special historical interest. (Former Section INL#315-5(a)(2))
19.1.1.3Maintenance of architectural and recreational aspects of designated areas. (Former Section INL#315-5(a)(3))
19.1.2 Reviewing Authority. The member of the Board of Supervisors in whose district a D Zone is established may select any person(s) or organization who, in the opinion of the Board member, is qualified to act as the reviewing Authority of a D Zone. Such person(s) or organization must be devoid of any and all financial interest in the application under consideration. The representatives of any D Zone shall not exceed five (5) persons. Local representation (i.e., property owners and residents within the D Zone) shall be given first priority to serve on the Reviewing Authority. In the absence of any Board member’s approved representatives, the Director shall be the Reviewing Authority. (Former Section INL#315-5(b); Amended by Ord. 1443, Sec. 1, 1/13/81)
19.1.3 Architectural Standards. In order that buildings, sites structures, signs, landscaping, etc., will be in keeping with the findings stipulated in subsection 314-19.1.1, the Reviewing Authority shall take the following items under consideration in approving plans within a D Zone: (Former Section INL#315-5(c)(1-9))
19.1.3.1The height, bulk and area of buildings.
19.1.3.2All setbacks from property lines.
19.1.3.3The color, textures and materials of exterior walls.
19.1.3.4The type, pitch and material of roofs.
19.1.3.5The type, size and location of signs.
19.1.3.6Landscaping and parking lot layout.
19.1.3.7The relationship to other buildings and/or uses in the area.
19.1.3.8The architectural treatment as related to any historical buildings or structures.
19.1.3.9The location and treatment of the site as related to its natural setting including grading, cut and fills and preservation of trees and natural ground cover.
19.1.4 Additional Standards Applicable to Shelter Cove Only.
19.1.4.1 Building Structural Design Standards. ¶
19.1.4.1.1Residences must be constructed to a minimum width of twenty (20) feet at the narrowest point, as measured from exterior wall to exterior wall, to be compatible with existing residences. (Former Section INL#315-5(d)(1)(a); Ord. 1913, Sec. 1, 10/30/90)
19.1.4.1.2Foundations must be designed to meet the Uniform Building Code requirements of seismic Zone IV. All structures that require a building permit, including but not limited to manufactured homes, shall be attached to continuous perimeter foundations meeting the seismic zone IV standards. Engineered pole structures where a continuous perimeter foundation is not feasible due to the slopes or site conditions shall be exempt from this provision. (Former Section INL#315-5(d)(1)(b); Ord. 1913, Sec. 1, 10/30/90)
19.1.4.1.3A minimum roof overhang of twelve (12) inches (not including rain gutters) must be provided on all residences. This overhang is to be an integral part of the structure. Gable ends may be excluded when approved as part of the design review process. (Former Section INL#315-5(d)(1)(c); Ord. 1913, Sec. 1, 10/30/90)
19.1.4.1.4Exterior walls and roofing material of unfinished metal or galvanized metal are prohibited. The exterior finish of any metal material must have a manufacturer’s warranty certifying a minimum life of fifteen (15) years. Flammable roofing material such as wood shakes or shingles are not recommended. (Former Section INL#315-5(d)(1)(d); Ord. 1913, Sec. 1, 10/30/90)
19.1.5 Procedure. ¶
19.1.5.1When property is to be developed in a D Zone, the applicant shall submit the required data in accordance with subsection 31419.1.3 to the Planning Division. The application shall be accompanied by a fee in the amount as established by Ordinance or Resolution of the Board of Supervisors. (Former Section INL#315-5(e))
19.1.5.2The Reviewing Authority is empowered to approve and conditionally approve projects. Denials of any project by the Authority shall be referred to the Planning Commission for action. (Former Section INL#315-5(e))
19.1.5.3If the applicant is not satisfied with the Reviewing Authority’s action on any conditional approval, the application shall be referred to the Planning Commission for decision. The decision of the Planning Commission may be appealed to the Board of Supervisors as provided for in this section. (Former Section INL#315-5(e); Amended by Ord. 1280, Sec. 2, 10/10/78)
19.1.6 Building Permit Issuance. In no event shall building permits be issued in a D Zone until such plans have been approved or conditionally approved by the Reviewing Authority, Planning Commission, or Board of Supervisors. Designated local authorities shall notify the Director on action taken on projects. The Director shall take appropriate action to release building permits or refer to the Planning Commission. (Former Section INL#315-5(f))
19.1.7 Destruction or Alteration Designated Historical Buildings. No historical buildings as officially designated by the Board of Supervisors or their authorized County representatives in any D Zone shall be demolished, altered, improved, or otherwise changed in exterior appearance except as hereinafter provided: (Former Section INL#315-5(g))
19.1.7.1If any historical building is damaged by a natural disaster (including but not limited to earthquake or fire), the owner thereof may repair such building if he secures a permit from the Reviewing Authority. (Former Section INL#315-5(g)(1))
19.1.7.2Any owner making any exterior alterations to a historical building shall submit plans and secure approval from the Reviewing Authority prior to construction. (Former Section INL#315-5(g)(2))
19.1.7.3Any owner planning to demolish any historical building (as officially designated) shall provide notice of intention to the Board sixty (60) days in advance of any work on the project. Within the sixty (60) day period the Board shall determine whether Federal, State or local agencies or organizations can acquire the building and site or make other suitable arrangements with the owner. (Former Section INL#315-5(g)(3))
19.1.8 Annual Report. Designated Reviewing Authorities shall prepare an annual report to the County Planning Commission indicating the number of applications acted upon and a general description of the projects. The annual report should be submitted to the Director during the month of January. (Former Section INL#315-5(h); Ord. 1058, Sec. 1, 12/16/75; Amended Ord. 1913, Sec. 1, 10/30/90)
19.1.9 Additional Standards and Procedure Applicable to Scotia Only. ¶
19.1.9.1 Special Permit Required. ¶
19.1.9.1.1A Special Permit is required for all development in Scotia subject to these regulations
19.1.9.1.2The application for the permit shall be accompanied by a fee in the amount established by ordinance or resolution of the Board of Supervisors.
19.1.9.2 Appointment and Composition of the Design Review Committee(s). The Board of Supervisors may select any person(s) or organization who, in the opinion of the Board, is qualified to serve on the committee. Such person(s) must be devoid of any and all financial interest in the development application under consideration. The representatives of the Design Review Committee(s) shall not exceed five (5) persons. In the absence of any Board of Supervisors’ approved representatives, the Director shall be the reviewing authority.
19.1.9.2.1There is hereby created a Scotia Design Review Committee, which shall consist of the following members:
Five members, who shall be appointed by the Board of Supervisors. These members shall have demonstrated experience in historic preservation or cultural resource land use issues or other qualifications satisfactory to the Board.
The terms of the appointed members shall begin upon Board approval and shall be for five (5) years and may be renewed.
19.1.9.3.1Authority and Responsibilities of the Scotia Design Review Committee (Scotia DRC)
19.1.9.3.1.1The Scotia Design Review Committee shall:
19.1.9.3.1.1.1Review applications to alter or demolish all or part of any structure identified as a contributing historic structure in the Scotia General Plan Amendment Environmental Impact Report.
19.1.9.3.1.1.2Adopt maximum times for its historic preservation review to be completed, which if exceeded, may be treated as no comment on a project.
19.1.9.3.1.2The Scotia DRC shall, to the extent it deems appropriate, have the authority to:
19.1.9.3.1.2.1Make recommendations to the Humboldt County Planning Commission for discretionary projects or to the Planning Director for ministerial projects involving contributing historical structures for approval of or conditional approval of projects under review. These recommendations may include restrictions on the use of such property or requirements to retain historical characteristics. These recommendations shall be based on the application of the Secretary of the Interior’s Standards and Guidelines - for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Scotia Design Guidelines (Exhibit D).
19.1.9.3.1.2.2Assist studies or programs designed to identify and evaluate structures, other physical features, sites, and areas which are worthy of preservation.
19.1.9.3.1.2.3Review projects for development of new structures for consistency with Scotia Design Guidelines and for compatibility with existing contributing historic structures.
19.1.9.3.1.2.4Inspect and investigate structures, other physical features, sites, and areas which are worthy of preservation.
19.1.9.3.1.2.5Consider methods other than those described above for encouraging and achieving preservation of worthy structures, other physical features, sites, and areas, including exploring means of financing the restoration or maintenance thereof.
19.1.9.3.1.2.6Make appropriate recommendations on the general subject of preservation to the Planning Commission, Board of Supervisors, other public and private agencies and bodies, and the general public.
19.1.9.3.2In the Absence of an appointed Scotia Design Review Committee
19.1.9.3.2.1Historic Assessment Report required: In the absence of an appointed Scotia Design Review Committee, the Director will require a preliminary assessment report (Historic Assessment Study). This report shall be based on a visual examination of the property and historic research conducted by a professional historic resource consultant who then prepares a written report that contains their findings and recommendations. The report will also describe any further actions that might be needed to avoid or lessen development related impacts to any historical resources encountered.
19.1.9.3.2.2Historic Assessment Study Contents: The historic assessment study should, at the minimum, contain:
19.1.9.3.2.2.1Evidence of a full background literature search through the local depositories such as Humboldt County Historical Society, Humboldt State University Library, Humboldt County Library, etc.
19.1.9.3.2.2.2A brief description of the project parcel(s) and the expectations of the consultant at the onset of the inventory report;
19.1.9.3.2.2.3A clear description of the methods and results of the field inventory including rationale for surface coverage and a brief discussion of any historic resources encountered. This treatment should be patterned after the Secretary of the Interior’s Standards - and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm;
19.1.9.3.2.2.4A generally accurate map (7.5' USGS topographic, parcel map or engineers map) in a scale sufficient to show the intensity and coverage of the field inventory as well as the location of any resources encountered;
19.1.9.3.2.2.5A description and evaluation of any structures and a determination of whether or not they qualify as historical resources.
19.1.9.3.2.2.6If the resource is historic, provide recommended means to avoid or lessen development related impacts to any historical resources encountered on the parcel(s);
19.1.9.3.2.2.7The names of any local persons consulted during the preparation of the report;
19.1.9.3.2.2.8Statement of Qualifications (education, employment, field experience, previous reports and publications in historic resources). Qualification requirements used shall be the requirements used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR Part 61.
19.1.9.3.2.3 Performance Standard. Applicants shall avoid impacts to historical resources where feasible. When this is not feasible, mitigation measures shall be incorporated into the project to lessen the impact of the project on these resources. Mitigation shall be in accordance with the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND HISTORIC PRESERVATION [As - Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, the Scotia Design Guidelines and Appendix K of the State CEQA Guidelines.
19.1.9.3.2.4 Process. The recommendations of the Historic Assessment Report will serve as a substitute for recommendations from the Scotia Design Review Committee and will be used to address historic resource impacts in discretionary permit decisions and for CEQA compliance.
19.1.9.3.3Standards for Alterations and Demolitions
19.1.9.3.3.1No contributing structure shall be demolished unless the County makes one (1) of the following findings, following notice and hearings to the extent required under existing regulations.
19.1.9.3.3.1.1The property is unsafe or a hazard to the pubic as a result of an unforeseen event such as a fire or earthquake; or
19.1.9.3.3.1.2Taking into account the potential value to the owner of the property of all available County accommodations and incentives (including without limitation transferable development rights, zoning ordinance modifications, alternative building code standards or provisions, loans, grants, reimbursements and tax reductions) either:
19.1.9.3.3.1.2.1The current or most recent use of the property is not permitted under the current planning code (except as a nonconforming use) and adaptive reuse is not economically feasible;
19.1.9.3.3.1.2.2The adverse impact on the owner of the property is unreasonably large in comparison to the public benefit from denying demolition; or
19.1.9.3.3.1.2.3Denying permission to demolish would result in a taking or would violate state or federal law; or
19.1.9.3.3.1.3Demolition must be allowed pursuant to the State Housing Law (Cal. Health and Safety Code Sections 17900 et seq.) or other applicable state or federal law.
19.1.9.3.3.2Conditions may be imposed on demolition to the extent authorized by any other applicable law or this chapter including without limitation the following:
19.1.9.3.3.2.1Documentation may be required of any structure to be demolished and/or for the property;
19.1.9.3.3.2.2Historic Preservation Review and Planning Commission approval may be required for any subsequent development of the property;
19.1.9.3.3.2.3Demolition may be delayed for up to 90 days to allow time to identify a prospective buyer for the property, to identify a third party interested in relocating the affected structure or to allow the County to determine whether to begin eminent domain procedures, and for up to an additional 90 days to allow completion of the purchase or relocation or commencement of a judicial condemnation acting, if, within the initial 90 days a buyer or third party is identified of the County determines to begin eminent domain procedures. In the case of purchase or relocation by a third party, demolition may be denied where a third party is willing and able to purchase the property or relocate the structure within the time established by this subdivision is identified and makes a bona fide offer to purchase the property or structure at fair market value, as determined by appraisal.
19.1.9.3.3.2.4With respect to demolition of a structure within the Scotia town site, the County shall take into account the importance of an affected structure to the integrity of other existing historic resources, and may: limit the size of new development to that of the existing structure; require that the scale of new development be harmonious with other structures which contribute to historic character; require retention or reconstruction of one (1) or more facades; and/or require that any replacement structure be of like kind or quality to the demolished structure and contribute to the integrity of the existing historic structure.
19.1.9.3.3.3No contributing historic structure shall be altered unless the alteration is approved by the County pursuant to this chapter. The Scotia Design Review Committee shall follow the Secretary of the Interior’s Standards and Guidelines for ARCHEOLOGY AND - HISTORIC PRESERVATION [As Amended and Annotated] - http://www.cr.nps.gov/local law/arch_stnds_0.htm, Department of Interior’s Standards of Rehabilitation, latest version, as a basis for evaluating changes to cultural and historic properties, the State of California Historic Building Code, and the Scotia Design Guidelines (Exhibit D) for alterations and review of alteration applications, applicable specifically to designated properties. Except to the extent such guidelines provide differently, a proposed alteration shall be considered in light of its effect on the existing character of the affected structure as it relates to the streetscape. (Ord. 2422, § 1, 11/10/2009)
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21.1 F - FLOOD HAZARD AREAS ¶
21.1.1 Purpose. The purpose of these regulations is to minimize public and private losses due to flood and tsunami conditions in specific areas of the County. (Former Section INL#315-8.1(A); Added by Ord. 2205, Sec. 1, 4/11/00)
21.1.2 Applicability. These regulations shall apply to all areas designated “F” on the Zoning Maps and situated within the areas of special flood hazard as identified on the Federal Insurance Administration’s Federal Insurance Rate Maps (FIRM) for Humboldt County. (Former Section INL#315-8.1(B); Added by Ord. 2205, Sec. 1, 4/11/00)
21.1.3 Modifications Imposed by Flood Hazard Regulations. These regulations shall be in addition to the requirements imposed by the principal zones, development regulations, and other special area regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations with most restrictive regulation shall apply. (Former Section INL#315-8.1(C); Added by Ord. 2205, Sec. 1, 4/11/00)
21.1.4 Special Permit Required. A special permit is required for the development of a residential structure on a legal nonconforming lot that is substandard to the minimum lot size standards of the principal zone and is located wholly within a flood hazard zone.
21.1.5 Prohibited New Development within One Hundred (100) Year Floodway and Flood Plain. New development within the one hundred (100) year floodway and flood plain shall be restricted as follows: (Former Section INL#315-8.1(D); Added by Ord. 2205, Sec. 1, 4/11/00)
21.1.5.1Within designated floodways the following is prohibited unless overriding considerations are made with specific factual findings with respect to the public health, safety and welfare: (Former Section INL#315-8.1(D)(1); Added by Ord. 2205, Sec. 1, 4/11/00)
Mobilehome Parks
21.1.5.2Within both designated floodways and flood plains the following use types are prohibited unless overriding considerations are made with specific factual findings with respect to the public health, safety and welfare: (Former Section INL#315-8.1(D)(2); Added by Ord. 2205, Sec. 1, 4/11/00)
Health Care Services
Extensive Impact Civic Use
Solid Waste Disposal
Hazardous Industrial
See Section C, Index of Definitions of Language and Legal Terms, for definitions of “Floodway” and “Flood Plain.” See Section D, Part 2 of this Chapter: Glossary of Use Types, for definitions of these use types. (Ord. 2629, § 6, 6/11/2019)
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21.1 F - FLOOD HAZARD AREAS ¶
21.1.1 Purpose. The purpose of these regulations is to minimize public and private losses due to flood and tsunami conditions in specific areas of the County. (Former Section INL#315-8.1(A); Added by Ord. 2205, Sec. 1, 4/11/00)
21.1.2 Applicability. These regulations shall apply to all areas designated “F” on the Zoning Maps and situated within the areas of special flood hazard as identified on the Federal Insurance Administration’s Federal Insurance Rate Maps (FIRM) for Humboldt County. (Former Section INL#315-8.1(B); Added by Ord. 2205, Sec. 1, 4/11/00)
21.1.3 Modifications Imposed by Flood Hazard Regulations. These regulations shall be in addition to the requirements imposed by the principal zones, development regulations, and other special area regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulations with most restrictive regulation shall apply. (Former Section INL#315-8.1(C); Added by Ord. 2205, Sec. 1, 4/11/00)
21.1.4 Special Permit Required. A special permit is required for the development of a residential structure on a legal nonconforming lot that is substandard to the minimum lot size standards of the principal zone and is located wholly within a flood hazard zone.
21.1.5 Prohibited New Development within One Hundred (100) Year Floodway and Flood Plain. New development within the one hundred (100) year floodway and flood plain shall be restricted as follows: (Former Section INL#315-8.1(D); Added by Ord. 2205, Sec. 1, 4/11/00)
21.1.5.1Within designated floodways the following is prohibited unless overriding considerations are made with specific factual findings with respect to the public health, safety and welfare: (Former Section INL#315-8.1(D)(1); Added by Ord. 2205, Sec. 1, 4/11/00)
Mobilehome Parks
21.1.5.2Within both designated floodways and flood plains the following use types are prohibited unless overriding considerations are made with specific factual findings with respect to the public health, safety and welfare: (Former Section INL#315-8.1(D)(2); Added by Ord. 2205, Sec. 1, 4/11/00)
Health Care Services
Extensive Impact Civic Use
Solid Waste Disposal
Hazardous Industrial
See Section C, Index of Definitions of Language and Legal Terms, for definitions of “Floodway” and “Flood Plain.” See Section D, Part 2 of this Chapter: Glossary of Use Types, for definitions of these use types. (Ord. 2629, § 6, 6/11/2019)
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22.1 G - ALQUIST-PRIOLO FAULT HAZARD ¶
22.1.1 Purpose. The purpose of these provisions is to implement the Alquist-Priolo Special Studies Zones Act (Public Resources Code, Section 2621 and following) in order to address potential hazards resulting from surface faulting or fault creep. (From Section CZ#A314-51(A); Added by Ord. 2214, 6/6/00)
22.1.2 Applicability of the Alquist-Priolo Fault Hazard Regulations. The Alquist-Priolo Fault Hazard Regulations shall apply to lands which are designated “G” on the Zoning Maps, and which are within Special Studies Zones delineated on maps by the State Geologist. Regardless of the designation on the zoning maps, these regulations shall also apply to lands located within Special Study Zones delineated on the most recent maps that are officially adopted, revised or issued by the State Geologist. (From Section CZ#A314-51(B); Added by Ord. 2214, 6/6/00)
22.1.3 Modifications Imposed by the Alquist-Priolo Fault Hazard Regulations. The provisions of the Alquist-Priolo Fault Hazard Regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. In the event of any conflict or inconsistency between these provisions and any other applicable provisions of the code, the most restrictive provisions shall apply in order to provide the greatest protection against fault hazards. (From Section CZ#A314-51(C); Added by Ord. 2214, 6/6/00)
22.1.4 Special Permit Required. Development may be approved in an area subject to the Alquist-Priolo Fault Hazard Regulations upon approval of a Special Permit, unless the development is exempt from the fault evaluation report pursuant to subsection 314-22.1.6. (From Section CZ#A314-51(D); Added by Ord. 2214, 6/6/00)
22.1.5 Geologic Fault Evaluation Report Required. Application for a Special Permit for any of the following types of development shall be accompanied by a geologic fault evaluation report, prepared by a geologist registered in the State of California, which is directed to the problem of potential surface fault displacement through the project site, unless such project is exempt or the report is waived pursuant to subsection 314-22.1.6: (From Section CZ#A314-51(E); Added by Ord. 2214, 6/6/00)
22.1.5.1Parcel and Final Map Subdivisions, as defined by the Subdivision Map Act; (From Section CZ#A314-51(E)(1); Added by Ord. 2214, 6/6/00)
22.1.5.2Construction of any structure for human occupancy; (From Section CZ#A314-51(E)(2); Added by Ord. 2214, 6/6/00)
22.1.5.3Alterations or additions to structures for human occupancy the value of which exceeds fifty (50) percent of the value of the structure; (From Section CZ#A314-51(E)(3); Added by Ord. 2214, 6/6/00)
22.1.5.4Any change in use or character of occupancy that results in conversion of a building or structure from one not used for human occupancy to one that is so used. (From Section CZ#A314-51(E)(4); Added by Ord. 2214, 6/6/00)
22.1.6 Exemption From Fault Evaluation Report Requirements. Notwithstanding the Geologic Fault Evaluation Report requirements, the following types of development are exempt from the requirement of a Geologic Fault Evaluation Report: (From Section CZ#A31451(F); Added by Ord. 2214, 6/6/00)
22.1.6.1Construction, alteration, or additions of three (3) or fewer single family wood frame dwellings or manufactured homes, provided that they do not exceed two (2) stories; (From Section CZ#A314-51(F)(1); Added by Ord. 2214, 6/6/00)
22.1.6.2Construction, alteration, or addition of four (4) or more single family homes or manufactured homes, provided that they do not exceed two (2) stories and if the dwelling is located within a subdivision, as defined in the Subdivision Map Act, for which subdivision a Geologic Fault Evaluation Report has been approved or waived. (From Section CZ#A314-51(F)(2); Added by Ord. 2214, 6/6/00)
22.1.6.3Conversion of an existing apartment complex into condominiums. (From Section CZ#A314-51(F)(3); Added by Ord. 2214, 6/6/00)
22.1.6.4Any other development that may be exempt or excluded pursuant to the Alquist-Priolo Special Studies Zones Act, commencing with Public Resources Code Section 2621, and following. (From Section CZ#A314-51(F)(4); Added by Ord. 2214, 6/6/00)
22.1.7 Content of Geologic Fault Evaluation Report. The required report shall be based on a geologic investigation designed to identify the location, recency, and nature of faulting that may have affected the project site in the past and may affect the project site in the future. The report may be combined with other geological or geotechnical reports. The report shall be prepared in accordance with the California Department of Mines and Geology (CDMG) Note #49 “Guidelines for Evaluating the Hazard of Surface Fault Rupture. CDMG Notes #37, 43 and 44 shall be utilized as applicable when the fault evaluation report required herein is combined with other geological or geotechnical reports. (From Section CZ#A314-51(G); Added by Ord. 2214, 6/6/00)
22.1.8 Waiver of Required Report. Waiver from the geologic fault evaluation report required herein may be applied for pursuant to the procedure outlined in Appendix D, “Waiver Procedure for the Alquist-Priolo Act,” contained in Special Publication 42 “Fault-Rupture Hazard Zones in California,” California Division of Mines and Geology, 3/80, or any subsequent publication which is prepared for the same or similar purpose. Granting of such a waiver is subject to the approval of the State Geologist. (From Section CZ#A314-51(H); Added by Ord. 2214, 6/6/00)
22.1.9 Required Findings. The Hearing Officer may approve a Special Permit for development located within an Alquist-Priolo Special Studies Zone if all of the applicable Public Safety Impact Findings of Chapter 2 (Sections 312-26 and 312-38), are made. (From Section CZ#A314-51(I); Added by Ord. 2214, 6/6/00)
22.2 GO - GREENWAY AND OPEN SPACE ¶
22.2.1 Purpose/Findings. The Greenway and Open Space (GO) Combining Zone is intended to be applied within the urban limits of the Eureka Community Planning Area in sensitive habitat areas historically known as gulches. These regulations are intended to set forth standards for the development of areas containing gulches and to retain the lush vegetation and habitat values for numerous wildlife species such as birds, fish and small mammals. The Board of Supervisors finds that Greenway and Open Space areas serve an important function as natural drainage channels and represent a unique scenic asset to the community. Retaining Greenway and Open Space areas in a relatively undeveloped state is intended to help maintain a high quality of living environment as the community develops. (Former Section INL#315-10.1; Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2 General Requirements. ¶
22.2.2.1 Applicability. ¶
22.2.2.1.1The policies of this division shall only be imposed within those areas which are identified as Greenway and Open Space areas mapped as part of the 1995 Eureka Community Plan or as identified on a “Detailed Development Plan Map” as provided by subsection 314-22.2.3, Specific Determination of Greenway and Open Space Boundary. (Former Section INL#315-10.2(A)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.1.2For the improvement of parcels existing prior to the adoption date of the 1995 Eureka Community Plan, principally permitted uses allowed in the underlying primary zone shall be allowed within Greenway and Open Space areas. No discretionary planning permits will be required for principally permitted improvements on these parcels. Parcels which existed prior to the adoption date of the 1995 Eureka Community Plan, and for which a Development Plan has been prepared, shall conform with that Development Plan. (Former Section INL#315-10.2(A)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.1.3All subdivisions which create parcels after adoption of the 1995 Eureka Community Plan shall utilize a “Detailed Development Plan Map” requiring all structures to be located outside of Greenway and Open Space areas consistent with the provisions of this ordinance. Submittal of subdivision applications shall include the “Detailed Development Plan Map” as described in subsection 314-22.2.3, Specific Determination of Greenway and Open Space Boundary. (Former Section INL#315-10.2(A)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.2 Identification Criteria. Greenway and Open Space areas were mapped utilizing two (2) categories. The following two (2) categories define the Greenway and Open Space areas: (Former Section INL#315-10.2(B); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.2.1 Streamside Management Areas with Adjacent Slopes of 30% or Greater. ¶
22.2.2.2.1.1A Streamside Management Area (SMA) of 100 feet for perennial streams and 50 feet for intermittent streams, measured as the horizontal distance from the centerline of the stream as mapped pursuant to the County Greenway and Open Space regulations. These Streamside Management Areas are mapped along blue line streams as identified on the largest scale U.S.G.S. topographic maps, or as conditions exist on the ground, and; (Former Section INL#315-10.2(B)(1)(a); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.2.1.2Slopes of 30% or greater on lands adjacent to the perennial and intermittent streams identified in subsection 22.2.2.2.1.1, and all streams and level areas below those slopes. (Former Section INL#315-10.2(B)(1)(b); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.3 Compatible Uses. The following uses are permitted within a designated Greenway and Open Space area:
22.2.2.3.1Vegetation removal for streamside management purposes. (Former Section INL#315-10.2(C)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.3.2Management and maintenance of trees, shrubs, and other plant life. (Former Section INL#315-10.2(C)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.3.3Fencing, so long as it would not impede the natural drainage or would not adversely effect the stream environment or wildlife, consistent with the policies of the Framework Plan. (Former Section INL#315-10.2(C)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4 Compatible Uses Requiring Special Permit. The following uses are deemed compatible but require approval of a Special Permit and may require approval from other concerned agencies: (Former Section INL#315-10.2(D); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4.1Road crossings, street crossings and utility crossings. (Former Section INL#315-10.2(D)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4.2Creekside bikeways, trails, and parks. (Former Section INL#315-10.2(D)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4.3Timber operations conducted in accordance with an approved timber harvest plan. (Former Section INL#315-10.2(D)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4.4Any grading or fill exceeding 50 cubic yards and associated vegetation removal. (Former Section INL#315-10.2(D)(4); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.3 Specific Determination of Greenway and Open Space Boundary. ¶
22.2.3.1 Detailed Development Plan Map Required. For those parcels which have been designated with a Greenway and Open Space Combining Zone, all applications for subdivisions shall submit a “Detailed Development Plan Map.” The “Detailed Development Plan Map” must identify the Greenway and Open Space areas as defined in subsection 314-22.2.2.2, Identification Criteria, must be prepared by a licensed engineer or surveyor, and must show existing slope percentages and Streamside Management Areas. (Former Section INL#315-10.3(A); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.3.2 Detailed Development Plan Map Not Required. A “Detailed Development Plan Map” is not required for projects and improvements requiring no discretionary approval on parcels which existed prior to the adoption date of the 1995 Eureka Community Plan. Parcels which existed prior to the adoption date of the 1995 Eureka Community Plan, and for which a Development Plan has been prepared, shall conform with that Development Plan. The implementation of this section shall be consistent with the County’s General Plan. (Former Section INL#315-10.3(B); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4 Greenway Bench Development. ¶
22.2.4.1 Definition. Within several Greenway and Open Space areas, there exist greenway benches. A greenway bench is defined as a contiguous area within a Greenway and Open Space Zone containing at least 4,000 square feet of undisturbed slope less than 30% and located outside of Streamside Management setbacks. (Former Section INL#315-10.4(A); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.2 Applicability. Subdivision of greenway benches shall be permitted, consistent with other requirements of this ordinance, in designated Greenway and Open Space areas in the Eureka Community Planning Area where a licensed surveyor or engineer demonstrates the following findings: (Former Section INL#315-10.4(B); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.2.1That each building site contains a greenway bench of at least 4,000 square feet of contiguous area with less than 30% undisturbed slope. (Former Section INL#315-10.4(B)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.2.2The building site is located in conformance with the Streamside Management Area setbacks described in subsection 31422.2.2.2, Identification Criteria. (Former Section INL#315-10.4(B)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.3 Other Provisions for Greenway Bench Development. ¶
22.2.4.3.1One building site may be permitted on every 4,000 square feet of undisturbed slope subject to the limitations of the base zone with which the Greenway and Open Space Zone is combined. (Former Section INL#315-10.4(C)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.3.2Each parcel must meet the minimum lot size requirements of the applicable zoning district. (Former Section INL#31510.4(C)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.3.3A building site may be allowed outside the greenway bench area on a slope of 30% or greater, if the building site remains outside all Streamside Management Areas. (Former Section INL#315-10.4(C)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.3.4No Accessory Dwelling Units shall be allowed within a determined greenway bench area. (Former Section INL#315-10.4(C) (4); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.4 Determining Undisturbed Slope. ¶
22.2.4.4.1An undisturbed slope is defined as a slope in its natural state which has never been filled or graded, except where such grading has been granted previous County or State approval. Any greenway bench which had been created by grading prior to adoption of the Eureka Community Plan shall be eligible for development, consistent with the provisions of this ordinance, if the grading was approved through a County issued permit (such as a Use Permit) or State issued permit. (Former Section INL#315-10.4(D)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.4.2The intent of allowing greenway bench development only on undisturbed slopes is to discourage people from grading their hillsides in an attempt to establish a bench area of less than 30% slope. (Former Section INL#315-10.4(D)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5 Density Bonus.
22.2.5.1 General Provisions. It is the intent of this section to provide a density bonus for property owners whose parcel, or portion thereof, is designated Greenway and Open Space. These density bonus provisions will compensate property owners for not developing within a gulch, and are intended as an incentive to locate structures outside of Greenway and Open Space areas. These provisions will also work to keep housing affordable by decreasing lot sizes and land costs. The following density bonus provisions shall apply on lots within designated Greenway and Open Space areas: (Former Section INL#315-10.5(A); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.1The minimum lot size for new lots, when it can be shown that building sites are outside of the Greenway and Open Space area, including greenway benches as defined in Section 314-22.2.4.1 may be reduced by 20%; however, no new lot may be created which is less than 4,800 net square feet in size. (Former Section INL#315-10.5(A)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.2The minimum lot width may be reduced by 20%; however, no lot shall be created with less than a 40 foot lot width. This section does not preclude the creation of flag lots. (Former Section INL#315-10.5(A)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.3The total number of lots which can be reduced shall be calculated by dividing the total land area of a parcel by the minimum lot size of the applicable zone. The minimum lot size shall never be reduced by more than 20% regardless of the calculated total number of lots eligible for reduction under these provisions. (Former Section INL#315-10.5(A)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.4Accessory Dwelling Units shall not be allowed on parcels created by these provisions. (Former Section INL#315-10.5(A)(4); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.5These density bonus provisions shall not be used as an addition to any affordable housing density bonus provisions. (Former Section INL#315-10.5(A)(5); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6 Zero Lot Lines. The side yard setback requirements may be reduced or eliminated for newly created lots utilizing the density bonus provisions of this Section. Where the regulations herein conflict with the regulations included in the individual base zoning districts (with which the Greenway and Open Space Zone is combined), the regulations included herein shall control. (Former Section INL#315-10.5(A)(6); Added by Ord. 2071, Sec. 1, 4/25/95)
The principal purposes of the Zero Lot Line concept area: (1) a more flexible use of land; and, (2) permitting the outdoor space to be grouped and utilized to its maximum benefit. All applications for a Zero Lot Line development shall comply with the following provisions: (Former Section INL#315-10.5(A)(6); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.1 Dwelling Unit Setback. Interior side yard. For new residences on lots less than 6,000 net square feet in size, any interior side yard may be reduced to zero (0) provided that the other interior side property line shall be a minimum of ten (10) feet. Dwelling units utilizing the Zero Lot Line may be sited on a common lot line. Accessory buildings and structures shall observe setback requirements of the base zoning district with which the Greenway and Open Space Zone is combined. (Former Section INL#31510.5(A)(6)(a); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.2 Development Plan. All subdivisions which utilize Zero Lot Line development provisions shall identify building sites on an approved Development Plan. The Development Plan shall indicate the zero lot lines and easements appurtenant thereto. (Former Section INL#315-10.5(A)(6)(b); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.3 Maintenance Easements. For the purpose of upkeep and repair of structures located on a zero lot line, a perpetual four (4) foot maintenance easement shall be provided on the lot adjacent to the zero lot line. The maintenance easement is defined as an area which enables the upkeep and repair of structures located on a zero lot line, including but not limited to, general maintenance, painting, roof and gutter repairs, structural repairs and foundation repairs. This easement shall be shown on a Development Plan and incorporated into each deed transferring title to the property. There shall be no structures allowed within the easement. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches. The roof shall be designed so that water runoff from the dwelling placed on the lot line is limited to half the easement area (two (2) feet). (Former Section INL#31510.5(A)(6)(c); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.4 Maximum Lot Coverage. The total lot coverage for all buildings on the site shall not exceed fifty (50) percent of the lot area. (Former Section INL#315-10.5(A)(6)(d); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.5 Openings Prohibited on the Zero Lot Line. To protect privacy, the wall of the dwelling located on the zero lot line shall have no windows, doors or other openings. Atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling and a solid wall of at least eight (8) feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit. (Former Section INL#315-10.5(A)(6)(e); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.6 Parking. No required parking shall be allowed within the side yard setback opposite the zero lot line. A maximum of two (2) off-street parking spaces shall be provided for each dwelling unit on each zero lot line parcel, even if the road serving the parcel is not paved or graveled to forty (40) feet in width. (Former Section INL#315-10.5(A)(6)(f); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.7 Alleys. Alleys shall be permitted in Zero Lot Line developments. Said alleys shall provide auto access to individual units and provide service access for trash collection and other public and private services. Alleys shall not be used as storage or calculated as required parking areas. (Former Section INL#315-10.5(A)(6)(g); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.8 Common Open Space. Common open space is not required but may be permitted. If common open space is provided, provisions shall be made to ensure that non-public areas and facilities for the common use of occupants of zero lot line developments shall be maintained in a satisfactory manner, without expense to the general taxpayer of Humboldt County. (Former Section INL#31510.5(A)(6)(h); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.9 Underlying Base Zoning District. All other provisions of the underlying base zoning district (with which the Greenway and Open Space Zone is combined) shall apply to development of applicable zero lot line parcels. (Former Section INL#315-10.5(A)(6)(i); Added by Ord. 2071, Sec. 1, 4/25/95) (Ord. 2650, § 4, 9/1/2020)
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22.1 G - ALQUIST-PRIOLO FAULT HAZARD ¶
22.1.1 Purpose. The purpose of these provisions is to implement the Alquist-Priolo Special Studies Zones Act (Public Resources Code, Section 2621 and following) in order to address potential hazards resulting from surface faulting or fault creep. (From Section CZ#A314-51(A); Added by Ord. 2214, 6/6/00)
22.1.2 Applicability of the Alquist-Priolo Fault Hazard Regulations. The Alquist-Priolo Fault Hazard Regulations shall apply to lands which are designated “G” on the Zoning Maps, and which are within Special Studies Zones delineated on maps by the State Geologist. Regardless of the designation on the zoning maps, these regulations shall also apply to lands located within Special Study Zones delineated on the most recent maps that are officially adopted, revised or issued by the State Geologist. (From Section CZ#A314-51(B); Added by Ord. 2214, 6/6/00)
22.1.3 Modifications Imposed by the Alquist-Priolo Fault Hazard Regulations. The provisions of the Alquist-Priolo Fault Hazard Regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. In the event of any conflict or inconsistency between these provisions and any other applicable provisions of the code, the most restrictive provisions shall apply in order to provide the greatest protection against fault hazards. (From Section CZ#A314-51(C); Added by Ord. 2214, 6/6/00)
22.1.4 Special Permit Required. Development may be approved in an area subject to the Alquist-Priolo Fault Hazard Regulations upon approval of a Special Permit, unless the development is exempt from the fault evaluation report pursuant to subsection 314-22.1.6. (From Section CZ#A314-51(D); Added by Ord. 2214, 6/6/00)
22.1.5 Geologic Fault Evaluation Report Required. Application for a Special Permit for any of the following types of development shall be accompanied by a geologic fault evaluation report, prepared by a geologist registered in the State of California, which is directed to the problem of potential surface fault displacement through the project site, unless such project is exempt or the report is waived pursuant to subsection 314-22.1.6: (From Section CZ#A314-51(E); Added by Ord. 2214, 6/6/00)
22.1.5.1Parcel and Final Map Subdivisions, as defined by the Subdivision Map Act; (From Section CZ#A314-51(E)(1); Added by Ord. 2214, 6/6/00)
22.1.5.2Construction of any structure for human occupancy; (From Section CZ#A314-51(E)(2); Added by Ord. 2214, 6/6/00)
22.1.5.3Alterations or additions to structures for human occupancy the value of which exceeds fifty (50) percent of the value of the structure; (From Section CZ#A314-51(E)(3); Added by Ord. 2214, 6/6/00)
22.1.5.4Any change in use or character of occupancy that results in conversion of a building or structure from one not used for human occupancy to one that is so used. (From Section CZ#A314-51(E)(4); Added by Ord. 2214, 6/6/00)
22.1.6 Exemption From Fault Evaluation Report Requirements. Notwithstanding the Geologic Fault Evaluation Report requirements, the following types of development are exempt from the requirement of a Geologic Fault Evaluation Report: (From Section CZ#A31451(F); Added by Ord. 2214, 6/6/00)
22.1.6.1Construction, alteration, or additions of three (3) or fewer single family wood frame dwellings or manufactured homes, provided that they do not exceed two (2) stories; (From Section CZ#A314-51(F)(1); Added by Ord. 2214, 6/6/00)
22.1.6.2Construction, alteration, or addition of four (4) or more single family homes or manufactured homes, provided that they do not exceed two (2) stories and if the dwelling is located within a subdivision, as defined in the Subdivision Map Act, for which subdivision a Geologic Fault Evaluation Report has been approved or waived. (From Section CZ#A314-51(F)(2); Added by Ord. 2214, 6/6/00)
22.1.6.3Conversion of an existing apartment complex into condominiums. (From Section CZ#A314-51(F)(3); Added by Ord. 2214, 6/6/00)
22.1.6.4Any other development that may be exempt or excluded pursuant to the Alquist-Priolo Special Studies Zones Act, commencing with Public Resources Code Section 2621, and following. (From Section CZ#A314-51(F)(4); Added by Ord. 2214, 6/6/00)
22.1.7 Content of Geologic Fault Evaluation Report. The required report shall be based on a geologic investigation designed to identify the location, recency, and nature of faulting that may have affected the project site in the past and may affect the project site in the future. The report may be combined with other geological or geotechnical reports. The report shall be prepared in accordance with the California Department of Mines and Geology (CDMG) Note #49 “Guidelines for Evaluating the Hazard of Surface Fault Rupture. CDMG Notes #37, 43 and 44 shall be utilized as applicable when the fault evaluation report required herein is combined with other geological or geotechnical reports. (From Section CZ#A314-51(G); Added by Ord. 2214, 6/6/00)
22.1.8 Waiver of Required Report. Waiver from the geologic fault evaluation report required herein may be applied for pursuant to the procedure outlined in Appendix D, “Waiver Procedure for the Alquist-Priolo Act,” contained in Special Publication 42 “Fault-Rupture Hazard Zones in California,” California Division of Mines and Geology, 3/80, or any subsequent publication which is prepared for the same or similar purpose. Granting of such a waiver is subject to the approval of the State Geologist. (From Section CZ#A314-51(H); Added by Ord. 2214, 6/6/00)
22.1.9 Required Findings. The Hearing Officer may approve a Special Permit for development located within an Alquist-Priolo Special Studies Zone if all of the applicable Public Safety Impact Findings of Chapter 2 (Sections 312-26 and 312-38), are made. (From Section CZ#A314-51(I); Added by Ord. 2214, 6/6/00)
22.2 GO - GREENWAY AND OPEN SPACE ¶
22.2.1 Purpose/Findings. The Greenway and Open Space (GO) Combining Zone is intended to be applied within the urban limits of the Eureka Community Planning Area in sensitive habitat areas historically known as gulches. These regulations are intended to set forth standards for the development of areas containing gulches and to retain the lush vegetation and habitat values for numerous wildlife species such as birds, fish and small mammals. The Board of Supervisors finds that Greenway and Open Space areas serve an important function as natural drainage channels and represent a unique scenic asset to the community. Retaining Greenway and Open Space areas in a relatively undeveloped state is intended to help maintain a high quality of living environment as the community develops. (Former Section INL#315-10.1; Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2 General Requirements. ¶
22.2.2.1 Applicability. ¶
22.2.2.1.1The policies of this division shall only be imposed within those areas which are identified as Greenway and Open Space areas mapped as part of the 1995 Eureka Community Plan or as identified on a “Detailed Development Plan Map” as provided by subsection 314-22.2.3, Specific Determination of Greenway and Open Space Boundary. (Former Section INL#315-10.2(A)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.1.2For the improvement of parcels existing prior to the adoption date of the 1995 Eureka Community Plan, principally permitted uses allowed in the underlying primary zone shall be allowed within Greenway and Open Space areas. No discretionary planning permits will be required for principally permitted improvements on these parcels. Parcels which existed prior to the adoption date of the 1995 Eureka Community Plan, and for which a Development Plan has been prepared, shall conform with that Development Plan. (Former Section INL#315-10.2(A)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.1.3All subdivisions which create parcels after adoption of the 1995 Eureka Community Plan shall utilize a “Detailed Development Plan Map” requiring all structures to be located outside of Greenway and Open Space areas consistent with the provisions of this ordinance. Submittal of subdivision applications shall include the “Detailed Development Plan Map” as described in subsection 314-22.2.3, Specific Determination of Greenway and Open Space Boundary. (Former Section INL#315-10.2(A)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.2 Identification Criteria. Greenway and Open Space areas were mapped utilizing two (2) categories. The following two (2) categories define the Greenway and Open Space areas: (Former Section INL#315-10.2(B); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.2.1 Streamside Management Areas with Adjacent Slopes of 30% or Greater. ¶
22.2.2.2.1.1A Streamside Management Area (SMA) of 100 feet for perennial streams and 50 feet for intermittent streams, measured as the horizontal distance from the centerline of the stream as mapped pursuant to the County Greenway and Open Space regulations. These Streamside Management Areas are mapped along blue line streams as identified on the largest scale U.S.G.S. topographic maps, or as conditions exist on the ground, and; (Former Section INL#315-10.2(B)(1)(a); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.2.1.2Slopes of 30% or greater on lands adjacent to the perennial and intermittent streams identified in subsection 22.2.2.2.1.1, and all streams and level areas below those slopes. (Former Section INL#315-10.2(B)(1)(b); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.3 Compatible Uses. The following uses are permitted within a designated Greenway and Open Space area:
22.2.2.3.1Vegetation removal for streamside management purposes. (Former Section INL#315-10.2(C)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.3.2Management and maintenance of trees, shrubs, and other plant life. (Former Section INL#315-10.2(C)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.3.3Fencing, so long as it would not impede the natural drainage or would not adversely effect the stream environment or wildlife, consistent with the policies of the Framework Plan. (Former Section INL#315-10.2(C)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4 Compatible Uses Requiring Special Permit. The following uses are deemed compatible but require approval of a Special Permit and may require approval from other concerned agencies: (Former Section INL#315-10.2(D); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4.1Road crossings, street crossings and utility crossings. (Former Section INL#315-10.2(D)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4.2Creekside bikeways, trails, and parks. (Former Section INL#315-10.2(D)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4.3Timber operations conducted in accordance with an approved timber harvest plan. (Former Section INL#315-10.2(D)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4.4Any grading or fill exceeding 50 cubic yards and associated vegetation removal. (Former Section INL#315-10.2(D)(4); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.3 Specific Determination of Greenway and Open Space Boundary. ¶
22.2.3.1 Detailed Development Plan Map Required. For those parcels which have been designated with a Greenway and Open Space Combining Zone, all applications for subdivisions shall submit a “Detailed Development Plan Map.” The “Detailed Development Plan Map” must identify the Greenway and Open Space areas as defined in subsection 314-22.2.2.2, Identification Criteria, must be prepared by a licensed engineer or surveyor, and must show existing slope percentages and Streamside Management Areas. (Former Section INL#315-10.3(A); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.3.2 Detailed Development Plan Map Not Required. A “Detailed Development Plan Map” is not required for projects and improvements requiring no discretionary approval on parcels which existed prior to the adoption date of the 1995 Eureka Community Plan. Parcels which existed prior to the adoption date of the 1995 Eureka Community Plan, and for which a Development Plan has been prepared, shall conform with that Development Plan. The implementation of this section shall be consistent with the County’s General Plan. (Former Section INL#315-10.3(B); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4 Greenway Bench Development. ¶
22.2.4.1 Definition. Within several Greenway and Open Space areas, there exist greenway benches. A greenway bench is defined as a contiguous area within a Greenway and Open Space Zone containing at least 4,000 square feet of undisturbed slope less than 30% and located outside of Streamside Management setbacks. (Former Section INL#315-10.4(A); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.2 Applicability. Subdivision of greenway benches shall be permitted, consistent with other requirements of this ordinance, in designated Greenway and Open Space areas in the Eureka Community Planning Area where a licensed surveyor or engineer demonstrates the following findings: (Former Section INL#315-10.4(B); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.2.1That each building site contains a greenway bench of at least 4,000 square feet of contiguous area with less than 30% undisturbed slope. (Former Section INL#315-10.4(B)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.2.2The building site is located in conformance with the Streamside Management Area setbacks described in subsection 31422.2.2.2, Identification Criteria. (Former Section INL#315-10.4(B)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.3 Other Provisions for Greenway Bench Development. ¶
22.2.4.3.1One building site may be permitted on every 4,000 square feet of undisturbed slope subject to the limitations of the base zone with which the Greenway and Open Space Zone is combined. (Former Section INL#315-10.4(C)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.3.2Each parcel must meet the minimum lot size requirements of the applicable zoning district. (Former Section INL#31510.4(C)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.3.3A building site may be allowed outside the greenway bench area on a slope of 30% or greater, if the building site remains outside all Streamside Management Areas. (Former Section INL#315-10.4(C)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.3.4No Accessory Dwelling Units shall be allowed within a determined greenway bench area. (Former Section INL#315-10.4(C) (4); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.4 Determining Undisturbed Slope. ¶
22.2.4.4.1An undisturbed slope is defined as a slope in its natural state which has never been filled or graded, except where such grading has been granted previous County or State approval. Any greenway bench which had been created by grading prior to adoption of the Eureka Community Plan shall be eligible for development, consistent with the provisions of this ordinance, if the grading was approved through a County issued permit (such as a Use Permit) or State issued permit. (Former Section INL#315-10.4(D)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.4.2The intent of allowing greenway bench development only on undisturbed slopes is to discourage people from grading their hillsides in an attempt to establish a bench area of less than 30% slope. (Former Section INL#315-10.4(D)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5 Density Bonus.
22.2.5.1 General Provisions. It is the intent of this section to provide a density bonus for property owners whose parcel, or portion thereof, is designated Greenway and Open Space. These density bonus provisions will compensate property owners for not developing within a gulch, and are intended as an incentive to locate structures outside of Greenway and Open Space areas. These provisions will also work to keep housing affordable by decreasing lot sizes and land costs. The following density bonus provisions shall apply on lots within designated Greenway and Open Space areas: (Former Section INL#315-10.5(A); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.1The minimum lot size for new lots, when it can be shown that building sites are outside of the Greenway and Open Space area, including greenway benches as defined in Section 314-22.2.4.1 may be reduced by 20%; however, no new lot may be created which is less than 4,800 net square feet in size. (Former Section INL#315-10.5(A)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.2The minimum lot width may be reduced by 20%; however, no lot shall be created with less than a 40 foot lot width. This section does not preclude the creation of flag lots. (Former Section INL#315-10.5(A)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.3The total number of lots which can be reduced shall be calculated by dividing the total land area of a parcel by the minimum lot size of the applicable zone. The minimum lot size shall never be reduced by more than 20% regardless of the calculated total number of lots eligible for reduction under these provisions. (Former Section INL#315-10.5(A)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.4Accessory Dwelling Units shall not be allowed on parcels created by these provisions. (Former Section INL#315-10.5(A)(4); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.5These density bonus provisions shall not be used as an addition to any affordable housing density bonus provisions. (Former Section INL#315-10.5(A)(5); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6 Zero Lot Lines. The side yard setback requirements may be reduced or eliminated for newly created lots utilizing the density bonus provisions of this Section. Where the regulations herein conflict with the regulations included in the individual base zoning districts (with which the Greenway and Open Space Zone is combined), the regulations included herein shall control. (Former Section INL#315-10.5(A)(6); Added by Ord. 2071, Sec. 1, 4/25/95)
The principal purposes of the Zero Lot Line concept area: (1) a more flexible use of land; and, (2) permitting the outdoor space to be grouped and utilized to its maximum benefit. All applications for a Zero Lot Line development shall comply with the following provisions: (Former Section INL#315-10.5(A)(6); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.1 Dwelling Unit Setback. Interior side yard. For new residences on lots less than 6,000 net square feet in size, any interior side yard may be reduced to zero (0) provided that the other interior side property line shall be a minimum of ten (10) feet. Dwelling units utilizing the Zero Lot Line may be sited on a common lot line. Accessory buildings and structures shall observe setback requirements of the base zoning district with which the Greenway and Open Space Zone is combined. (Former Section INL#31510.5(A)(6)(a); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.2 Development Plan. All subdivisions which utilize Zero Lot Line development provisions shall identify building sites on an approved Development Plan. The Development Plan shall indicate the zero lot lines and easements appurtenant thereto. (Former Section INL#315-10.5(A)(6)(b); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.3 Maintenance Easements. For the purpose of upkeep and repair of structures located on a zero lot line, a perpetual four (4) foot maintenance easement shall be provided on the lot adjacent to the zero lot line. The maintenance easement is defined as an area which enables the upkeep and repair of structures located on a zero lot line, including but not limited to, general maintenance, painting, roof and gutter repairs, structural repairs and foundation repairs. This easement shall be shown on a Development Plan and incorporated into each deed transferring title to the property. There shall be no structures allowed within the easement. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches. The roof shall be designed so that water runoff from the dwelling placed on the lot line is limited to half the easement area (two (2) feet). (Former Section INL#31510.5(A)(6)(c); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.4 Maximum Lot Coverage. The total lot coverage for all buildings on the site shall not exceed fifty (50) percent of the lot area. (Former Section INL#315-10.5(A)(6)(d); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.5 Openings Prohibited on the Zero Lot Line. To protect privacy, the wall of the dwelling located on the zero lot line shall have no windows, doors or other openings. Atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling and a solid wall of at least eight (8) feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit. (Former Section INL#315-10.5(A)(6)(e); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.6 Parking. No required parking shall be allowed within the side yard setback opposite the zero lot line. A maximum of two (2) off-street parking spaces shall be provided for each dwelling unit on each zero lot line parcel, even if the road serving the parcel is not paved or graveled to forty (40) feet in width. (Former Section INL#315-10.5(A)(6)(f); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.7 Alleys. Alleys shall be permitted in Zero Lot Line developments. Said alleys shall provide auto access to individual units and provide service access for trash collection and other public and private services. Alleys shall not be used as storage or calculated as required parking areas. (Former Section INL#315-10.5(A)(6)(g); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.8 Common Open Space. Common open space is not required but may be permitted. If common open space is provided, provisions shall be made to ensure that non-public areas and facilities for the common use of occupants of zero lot line developments shall be maintained in a satisfactory manner, without expense to the general taxpayer of Humboldt County. (Former Section INL#31510.5(A)(6)(h); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.9 Underlying Base Zoning District. All other provisions of the underlying base zoning district (with which the Greenway and Open Space Zone is combined) shall apply to development of applicable zero lot line parcels. (Former Section INL#315-10.5(A)(6)(i); Added by Ord. 2071, Sec. 1, 4/25/95) (Ord. 2650, § 4, 9/1/2020)
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22.1 G - ALQUIST-PRIOLO FAULT HAZARD ¶
22.1.1 Purpose. The purpose of these provisions is to implement the Alquist-Priolo Special Studies Zones Act (Public Resources Code, Section 2621 and following) in order to address potential hazards resulting from surface faulting or fault creep. (From Section CZ#A314-51(A); Added by Ord. 2214, 6/6/00)
22.1.2 Applicability of the Alquist-Priolo Fault Hazard Regulations. The Alquist-Priolo Fault Hazard Regulations shall apply to lands which are designated “G” on the Zoning Maps, and which are within Special Studies Zones delineated on maps by the State Geologist. Regardless of the designation on the zoning maps, these regulations shall also apply to lands located within Special Study Zones delineated on the most recent maps that are officially adopted, revised or issued by the State Geologist. (From Section CZ#A314-51(B); Added by Ord. 2214, 6/6/00)
22.1.3 Modifications Imposed by the Alquist-Priolo Fault Hazard Regulations. The provisions of the Alquist-Priolo Fault Hazard Regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. In the event of any conflict or inconsistency between these provisions and any other applicable provisions of the code, the most restrictive provisions shall apply in order to provide the greatest protection against fault hazards. (From Section CZ#A314-51(C); Added by Ord. 2214, 6/6/00)
22.1.4 Special Permit Required. Development may be approved in an area subject to the Alquist-Priolo Fault Hazard Regulations upon approval of a Special Permit, unless the development is exempt from the fault evaluation report pursuant to subsection 314-22.1.6. (From Section CZ#A314-51(D); Added by Ord. 2214, 6/6/00)
22.1.5 Geologic Fault Evaluation Report Required. Application for a Special Permit for any of the following types of development shall be accompanied by a geologic fault evaluation report, prepared by a geologist registered in the State of California, which is directed to the problem of potential surface fault displacement through the project site, unless such project is exempt or the report is waived pursuant to subsection 314-22.1.6: (From Section CZ#A314-51(E); Added by Ord. 2214, 6/6/00)
22.1.5.1Parcel and Final Map Subdivisions, as defined by the Subdivision Map Act; (From Section CZ#A314-51(E)(1); Added by Ord. 2214, 6/6/00)
22.1.5.2Construction of any structure for human occupancy; (From Section CZ#A314-51(E)(2); Added by Ord. 2214, 6/6/00)
22.1.5.3Alterations or additions to structures for human occupancy the value of which exceeds fifty (50) percent of the value of the structure; (From Section CZ#A314-51(E)(3); Added by Ord. 2214, 6/6/00)
22.1.5.4Any change in use or character of occupancy that results in conversion of a building or structure from one not used for human occupancy to one that is so used. (From Section CZ#A314-51(E)(4); Added by Ord. 2214, 6/6/00)
22.1.6 Exemption From Fault Evaluation Report Requirements. Notwithstanding the Geologic Fault Evaluation Report requirements, the following types of development are exempt from the requirement of a Geologic Fault Evaluation Report: (From Section CZ#A31451(F); Added by Ord. 2214, 6/6/00)
22.1.6.1Construction, alteration, or additions of three (3) or fewer single family wood frame dwellings or manufactured homes, provided that they do not exceed two (2) stories; (From Section CZ#A314-51(F)(1); Added by Ord. 2214, 6/6/00)
22.1.6.2Construction, alteration, or addition of four (4) or more single family homes or manufactured homes, provided that they do not exceed two (2) stories and if the dwelling is located within a subdivision, as defined in the Subdivision Map Act, for which subdivision a Geologic Fault Evaluation Report has been approved or waived. (From Section CZ#A314-51(F)(2); Added by Ord. 2214, 6/6/00)
22.1.6.3Conversion of an existing apartment complex into condominiums. (From Section CZ#A314-51(F)(3); Added by Ord. 2214, 6/6/00)
22.1.6.4Any other development that may be exempt or excluded pursuant to the Alquist-Priolo Special Studies Zones Act, commencing with Public Resources Code Section 2621, and following. (From Section CZ#A314-51(F)(4); Added by Ord. 2214, 6/6/00)
22.1.7 Content of Geologic Fault Evaluation Report. The required report shall be based on a geologic investigation designed to identify the location, recency, and nature of faulting that may have affected the project site in the past and may affect the project site in the future. The report may be combined with other geological or geotechnical reports. The report shall be prepared in accordance with the California Department of Mines and Geology (CDMG) Note #49 “Guidelines for Evaluating the Hazard of Surface Fault Rupture. CDMG Notes #37, 43 and 44 shall be utilized as applicable when the fault evaluation report required herein is combined with other geological or geotechnical reports. (From Section CZ#A314-51(G); Added by Ord. 2214, 6/6/00)
22.1.8 Waiver of Required Report. Waiver from the geologic fault evaluation report required herein may be applied for pursuant to the procedure outlined in Appendix D, “Waiver Procedure for the Alquist-Priolo Act,” contained in Special Publication 42 “Fault-Rupture Hazard Zones in California,” California Division of Mines and Geology, 3/80, or any subsequent publication which is prepared for the same or similar purpose. Granting of such a waiver is subject to the approval of the State Geologist. (From Section CZ#A314-51(H); Added by Ord. 2214, 6/6/00)
22.1.9 Required Findings. The Hearing Officer may approve a Special Permit for development located within an Alquist-Priolo Special Studies Zone if all of the applicable Public Safety Impact Findings of Chapter 2 (Sections 312-26 and 312-38), are made. (From Section CZ#A314-51(I); Added by Ord. 2214, 6/6/00)
22.2 GO - GREENWAY AND OPEN SPACE ¶
22.2.1 Purpose/Findings. The Greenway and Open Space (GO) Combining Zone is intended to be applied within the urban limits of the Eureka Community Planning Area in sensitive habitat areas historically known as gulches. These regulations are intended to set forth standards for the development of areas containing gulches and to retain the lush vegetation and habitat values for numerous wildlife species such as birds, fish and small mammals. The Board of Supervisors finds that Greenway and Open Space areas serve an important function as natural drainage channels and represent a unique scenic asset to the community. Retaining Greenway and Open Space areas in a relatively undeveloped state is intended to help maintain a high quality of living environment as the community develops. (Former Section INL#315-10.1; Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2 General Requirements. ¶
22.2.2.1 Applicability. ¶
22.2.2.1.1The policies of this division shall only be imposed within those areas which are identified as Greenway and Open Space areas mapped as part of the 1995 Eureka Community Plan or as identified on a “Detailed Development Plan Map” as provided by subsection 314-22.2.3, Specific Determination of Greenway and Open Space Boundary. (Former Section INL#315-10.2(A)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.1.2For the improvement of parcels existing prior to the adoption date of the 1995 Eureka Community Plan, principally permitted uses allowed in the underlying primary zone shall be allowed within Greenway and Open Space areas. No discretionary planning permits will be required for principally permitted improvements on these parcels. Parcels which existed prior to the adoption date of the 1995 Eureka Community Plan, and for which a Development Plan has been prepared, shall conform with that Development Plan. (Former Section INL#315-10.2(A)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.1.3All subdivisions which create parcels after adoption of the 1995 Eureka Community Plan shall utilize a “Detailed Development Plan Map” requiring all structures to be located outside of Greenway and Open Space areas consistent with the provisions of this ordinance. Submittal of subdivision applications shall include the “Detailed Development Plan Map” as described in subsection 314-22.2.3, Specific Determination of Greenway and Open Space Boundary. (Former Section INL#315-10.2(A)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.2 Identification Criteria. Greenway and Open Space areas were mapped utilizing two (2) categories. The following two (2) categories define the Greenway and Open Space areas: (Former Section INL#315-10.2(B); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.2.1 Streamside Management Areas with Adjacent Slopes of 30% or Greater. ¶
22.2.2.2.1.1A Streamside Management Area (SMA) of 100 feet for perennial streams and 50 feet for intermittent streams, measured as the horizontal distance from the centerline of the stream as mapped pursuant to the County Greenway and Open Space regulations. These Streamside Management Areas are mapped along blue line streams as identified on the largest scale U.S.G.S. topographic maps, or as conditions exist on the ground, and; (Former Section INL#315-10.2(B)(1)(a); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.2.1.2Slopes of 30% or greater on lands adjacent to the perennial and intermittent streams identified in subsection 22.2.2.2.1.1, and all streams and level areas below those slopes. (Former Section INL#315-10.2(B)(1)(b); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.3 Compatible Uses. The following uses are permitted within a designated Greenway and Open Space area:
22.2.2.3.1Vegetation removal for streamside management purposes. (Former Section INL#315-10.2(C)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.3.2Management and maintenance of trees, shrubs, and other plant life. (Former Section INL#315-10.2(C)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.3.3Fencing, so long as it would not impede the natural drainage or would not adversely effect the stream environment or wildlife, consistent with the policies of the Framework Plan. (Former Section INL#315-10.2(C)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4 Compatible Uses Requiring Special Permit. The following uses are deemed compatible but require approval of a Special Permit and may require approval from other concerned agencies: (Former Section INL#315-10.2(D); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4.1Road crossings, street crossings and utility crossings. (Former Section INL#315-10.2(D)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4.2Creekside bikeways, trails, and parks. (Former Section INL#315-10.2(D)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4.3Timber operations conducted in accordance with an approved timber harvest plan. (Former Section INL#315-10.2(D)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.2.4.4Any grading or fill exceeding 50 cubic yards and associated vegetation removal. (Former Section INL#315-10.2(D)(4); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.3 Specific Determination of Greenway and Open Space Boundary. ¶
22.2.3.1 Detailed Development Plan Map Required. For those parcels which have been designated with a Greenway and Open Space Combining Zone, all applications for subdivisions shall submit a “Detailed Development Plan Map.” The “Detailed Development Plan Map” must identify the Greenway and Open Space areas as defined in subsection 314-22.2.2.2, Identification Criteria, must be prepared by a licensed engineer or surveyor, and must show existing slope percentages and Streamside Management Areas. (Former Section INL#315-10.3(A); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.3.2 Detailed Development Plan Map Not Required. A “Detailed Development Plan Map” is not required for projects and improvements requiring no discretionary approval on parcels which existed prior to the adoption date of the 1995 Eureka Community Plan. Parcels which existed prior to the adoption date of the 1995 Eureka Community Plan, and for which a Development Plan has been prepared, shall conform with that Development Plan. The implementation of this section shall be consistent with the County’s General Plan. (Former Section INL#315-10.3(B); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4 Greenway Bench Development. ¶
22.2.4.1 Definition. Within several Greenway and Open Space areas, there exist greenway benches. A greenway bench is defined as a contiguous area within a Greenway and Open Space Zone containing at least 4,000 square feet of undisturbed slope less than 30% and located outside of Streamside Management setbacks. (Former Section INL#315-10.4(A); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.2 Applicability. Subdivision of greenway benches shall be permitted, consistent with other requirements of this ordinance, in designated Greenway and Open Space areas in the Eureka Community Planning Area where a licensed surveyor or engineer demonstrates the following findings: (Former Section INL#315-10.4(B); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.2.1That each building site contains a greenway bench of at least 4,000 square feet of contiguous area with less than 30% undisturbed slope. (Former Section INL#315-10.4(B)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.2.2The building site is located in conformance with the Streamside Management Area setbacks described in subsection 31422.2.2.2, Identification Criteria. (Former Section INL#315-10.4(B)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.3 Other Provisions for Greenway Bench Development. ¶
22.2.4.3.1One building site may be permitted on every 4,000 square feet of undisturbed slope subject to the limitations of the base zone with which the Greenway and Open Space Zone is combined. (Former Section INL#315-10.4(C)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.3.2Each parcel must meet the minimum lot size requirements of the applicable zoning district. (Former Section INL#31510.4(C)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.3.3A building site may be allowed outside the greenway bench area on a slope of 30% or greater, if the building site remains outside all Streamside Management Areas. (Former Section INL#315-10.4(C)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.3.4No Accessory Dwelling Units shall be allowed within a determined greenway bench area. (Former Section INL#315-10.4(C) (4); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.4 Determining Undisturbed Slope. ¶
22.2.4.4.1An undisturbed slope is defined as a slope in its natural state which has never been filled or graded, except where such grading has been granted previous County or State approval. Any greenway bench which had been created by grading prior to adoption of the Eureka Community Plan shall be eligible for development, consistent with the provisions of this ordinance, if the grading was approved through a County issued permit (such as a Use Permit) or State issued permit. (Former Section INL#315-10.4(D)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.4.4.2The intent of allowing greenway bench development only on undisturbed slopes is to discourage people from grading their hillsides in an attempt to establish a bench area of less than 30% slope. (Former Section INL#315-10.4(D)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5 Density Bonus.
22.2.5.1 General Provisions. It is the intent of this section to provide a density bonus for property owners whose parcel, or portion thereof, is designated Greenway and Open Space. These density bonus provisions will compensate property owners for not developing within a gulch, and are intended as an incentive to locate structures outside of Greenway and Open Space areas. These provisions will also work to keep housing affordable by decreasing lot sizes and land costs. The following density bonus provisions shall apply on lots within designated Greenway and Open Space areas: (Former Section INL#315-10.5(A); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.1The minimum lot size for new lots, when it can be shown that building sites are outside of the Greenway and Open Space area, including greenway benches as defined in Section 314-22.2.4.1 may be reduced by 20%; however, no new lot may be created which is less than 4,800 net square feet in size. (Former Section INL#315-10.5(A)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.2The minimum lot width may be reduced by 20%; however, no lot shall be created with less than a 40 foot lot width. This section does not preclude the creation of flag lots. (Former Section INL#315-10.5(A)(2); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.3The total number of lots which can be reduced shall be calculated by dividing the total land area of a parcel by the minimum lot size of the applicable zone. The minimum lot size shall never be reduced by more than 20% regardless of the calculated total number of lots eligible for reduction under these provisions. (Former Section INL#315-10.5(A)(3); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.4Accessory Dwelling Units shall not be allowed on parcels created by these provisions. (Former Section INL#315-10.5(A)(4); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.5These density bonus provisions shall not be used as an addition to any affordable housing density bonus provisions. (Former Section INL#315-10.5(A)(5); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6 Zero Lot Lines. The side yard setback requirements may be reduced or eliminated for newly created lots utilizing the density bonus provisions of this Section. Where the regulations herein conflict with the regulations included in the individual base zoning districts (with which the Greenway and Open Space Zone is combined), the regulations included herein shall control. (Former Section INL#315-10.5(A)(6); Added by Ord. 2071, Sec. 1, 4/25/95)
The principal purposes of the Zero Lot Line concept area: (1) a more flexible use of land; and, (2) permitting the outdoor space to be grouped and utilized to its maximum benefit. All applications for a Zero Lot Line development shall comply with the following provisions: (Former Section INL#315-10.5(A)(6); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.1 Dwelling Unit Setback. Interior side yard. For new residences on lots less than 6,000 net square feet in size, any interior side yard may be reduced to zero (0) provided that the other interior side property line shall be a minimum of ten (10) feet. Dwelling units utilizing the Zero Lot Line may be sited on a common lot line. Accessory buildings and structures shall observe setback requirements of the base zoning district with which the Greenway and Open Space Zone is combined. (Former Section INL#31510.5(A)(6)(a); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.2 Development Plan. All subdivisions which utilize Zero Lot Line development provisions shall identify building sites on an approved Development Plan. The Development Plan shall indicate the zero lot lines and easements appurtenant thereto. (Former Section INL#315-10.5(A)(6)(b); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.3 Maintenance Easements. For the purpose of upkeep and repair of structures located on a zero lot line, a perpetual four (4) foot maintenance easement shall be provided on the lot adjacent to the zero lot line. The maintenance easement is defined as an area which enables the upkeep and repair of structures located on a zero lot line, including but not limited to, general maintenance, painting, roof and gutter repairs, structural repairs and foundation repairs. This easement shall be shown on a Development Plan and incorporated into each deed transferring title to the property. There shall be no structures allowed within the easement. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches. The roof shall be designed so that water runoff from the dwelling placed on the lot line is limited to half the easement area (two (2) feet). (Former Section INL#31510.5(A)(6)(c); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.4 Maximum Lot Coverage. The total lot coverage for all buildings on the site shall not exceed fifty (50) percent of the lot area. (Former Section INL#315-10.5(A)(6)(d); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.5 Openings Prohibited on the Zero Lot Line. To protect privacy, the wall of the dwelling located on the zero lot line shall have no windows, doors or other openings. Atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling and a solid wall of at least eight (8) feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit. (Former Section INL#315-10.5(A)(6)(e); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.6 Parking. No required parking shall be allowed within the side yard setback opposite the zero lot line. A maximum of two (2) off-street parking spaces shall be provided for each dwelling unit on each zero lot line parcel, even if the road serving the parcel is not paved or graveled to forty (40) feet in width. (Former Section INL#315-10.5(A)(6)(f); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.7 Alleys. Alleys shall be permitted in Zero Lot Line developments. Said alleys shall provide auto access to individual units and provide service access for trash collection and other public and private services. Alleys shall not be used as storage or calculated as required parking areas. (Former Section INL#315-10.5(A)(6)(g); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.8 Common Open Space. Common open space is not required but may be permitted. If common open space is provided, provisions shall be made to ensure that non-public areas and facilities for the common use of occupants of zero lot line developments shall be maintained in a satisfactory manner, without expense to the general taxpayer of Humboldt County. (Former Section INL#31510.5(A)(6)(h); Added by Ord. 2071, Sec. 1, 4/25/95)
22.2.5.1.6.9 Underlying Base Zoning District. All other provisions of the underlying base zoning district (with which the Greenway and Open Space Zone is combined) shall apply to development of applicable zero lot line parcels. (Former Section INL#315-10.5(A)(6)(i); Added by Ord. 2071, Sec. 1, 4/25/95) (Ord. 2650, § 4, 9/1/2020)
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27.1 L - LANDSCAPING AND DESIGN ¶
The Landscaping and Design Combining Zone regulations are intended to be combined with Principal Zones to establish specific landscaping and structural design standards.
27.1.1 Applicability. The Board of Supervisors in approving a zone reclassification as allowed by Chapter 2 of this division may combine the Landscaping and Design Combining Zone with any Principal Zone. In combining the Landscaping and Design Combining Zone, the Board of Supervisors shall establish specific landscaping and design standards for development within the designated zoning district. (Former Section INL#315-8(a); Ord. 1800, Sec. 6, 6/23/87)
27.1.2 Representation of the Landscaping and Design Combining Zone Regulations. When combined with a Principal Zone, the Landscaping and Design Combining Zone shall be Represented on the adopted zoning maps by the L designation. The L designation shall immediately follow the Principal Zone designation, or the Special Building Site Designation, if applied; or the Q designation. (Former Section INL#315-8(b); Ord. 1800, Sec. 6, 6/23/87)
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27.1 L - LANDSCAPING AND DESIGN ¶
The Landscaping and Design Combining Zone regulations are intended to be combined with Principal Zones to establish specific landscaping and structural design standards.
27.1.1 Applicability. The Board of Supervisors in approving a zone reclassification as allowed by Chapter 2 of this division may combine the Landscaping and Design Combining Zone with any Principal Zone. In combining the Landscaping and Design Combining Zone, the Board of Supervisors shall establish specific landscaping and design standards for development within the designated zoning district. (Former Section INL#315-8(a); Ord. 1800, Sec. 6, 6/23/87)
27.1.2 Representation of the Landscaping and Design Combining Zone Regulations. When combined with a Principal Zone, the Landscaping and Design Combining Zone shall be Represented on the adopted zoning maps by the L designation. The L designation shall immediately follow the Principal Zone designation, or the Special Building Site Designation, if applied; or the Q designation. (Former Section INL#315-8(b); Ord. 1800, Sec. 6, 6/23/87)
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28.1 M - MANUFACTURED HOME DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Manufactured Home Combining Zone “T”)
28.1.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designation shall be used as applicable: (Former Section INL#315-9(e))
28.1.1.1M - where the development standards are modified for the sole purpose of allowing manufactured homes. (Former Section INL#315-9(e)(2))
28.1.1.2See also, the subsection, Special Combining Zone “SM,” where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section INL#315-9(e)(1))
When the M designation is used, the permitted building type shall not be listed by name in the table format. (Former Section INL#3159(e))
28.2 MR – MINERAL RESOURCES COMBINING ZONE ¶
28.2.1 Purpose. The purposes of these provisions are to: (1) identify permitted surface mining operations; (2) ensure compatibility of adjacent uses; (3) establish a process through which notice may be provided to owners of land seeking discretionary approval for projects within one thousand (1,000) feet of vested and permitted surface mining extraction sites; and (4) to facilitate implementation of the County’s regulations for surface mining, conservation, and reclamation.
28.2.2 Applicability. The Mineral Resources Combining Zone, indicated by “MR” on the Zoning Maps, shall be applied to the Zoning Maps covering parcels with vested or permitted surface mining operations, as shown on the Mineral Resources – Mining Operations Map contained in General Plan Appendix F, Map Book, and land within one thousand (1,000) feet of the outside edge of Assessor’s parcels containing surface mining operations. Land located within three hundred (300) feet of mapped mining haul routes shall also be subject to these regulations.
28.2.3 Permitted Uses. ¶
28.2.3.1Applications for new mining operations shall be subject to the approval of a conditional use permit, pursuant to Division 9, Mining Operations, of Title III, Land Use and Development, and the California Surface Mining and Reclamation Act (SMARA).
28.2.3.2Nonmining projects located within the MR Combining Zone or located within three hundred (300) feet of mapped mining haul routes may be approved only if the project incorporates the best mitigation measures feasible to minimize potential conflicts with continued mining operations. Incompatible land uses shall be suitably buffered from mining activity.
28.2.4 Hearing Notification. ¶
28.2.4.1Applications for discretionary approval associated with SMARA mining operations shown on maps in Humboldt County General Plan Appendix F, Map Book, shall provide public notice to landowners within one thousand (1,000) feet of the mining operation or one thousand five hundred (1,500) feet from any associated processing plant, and within three hundred (300) feet of proposed or existing haul routes.
28.2.4.2Applications for discretionary projects within one thousand (1,000) feet of mining operations shall include public hearing notice to the mine owners.
28.2.4.3Applications for all discretionary projects subject to the Mineral Resources Combining Zone shall provide notice to any public water system whose service area includes the project site.
28.2.5 Disclosure. ¶
28.2.5.1Humboldt County has over ninety (90) extraction sites including active hard rock quarries and in-stream gravel mining operations from bars along the Eel, Mad, Trinity, and Van Duzen Rivers and their tributaries. According to the Mineral Resources Chapter of the Humboldt County General Plan Conservation and Open Space Elements, the production of sand and gravel, hard rock, and metals is essential for the economic well-being of the County. The County’s vested and permitted surface mining operations must be protected, including in areas near residential development.
28.2.5.2This section further requires discretionary projects within one thousand (1,000) feet of vested and permitted surface mining extraction sites or within three hundred (300) feet of existing haul routes to record a notice of the “right to mine” against the property for which a discretionary permit is sought. The notice shall advise owners and subsequent interests in ownership that the existing mining operation has a permitted right to continued mining operations. The notice shall be in substantially the following form:
You are hereby notified that if the property you are purchasing is located close to vested and permitted surface mining extraction sites, you may be subject to inconvenience or discomfort from the following mining operations: noise, dust and emissions from mobile equipment used in mining operations such as bull dozers, scrapers, loaders, water trucks, and haul trucks, and stationary equipment such as conveyors, screeners, washing/crushing plants, and batch plants for the production of asphalt or concrete; and the lawful and proper use of chemicals and regulated explosives. Mining operations may involve excavation, drilling and blasting, with subsequent excavating and sorting. These operations may generate, among other things, dust, smoke, noise and odor. If you live near vested and permitted surface mining extraction sites, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county whose economy is reliant upon the production and conservation of minerals, while preserving to the maximum extent feasible the values relating to recreation, watershed, wildlife, timber management and agriculture, science, and aesthetic enjoyment. For information concerning where mining operations are located in relation to your property, you may contact the Planning Division of the Humboldt County Planning and Building Department. Nothing in this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper mining practice.
and aesthetic enjoyment. For information concerning where mining operations are located in relation to your property, you may contact the Planning Division of the Humboldt County Planning and Building Department. Nothing in this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper mining practice.
28.2.5.3Upon the issuance of a discretionary development permit, including but not limited to a subdivision approval, conditional use permit, or special permit, for a use within one thousand (1,000) feet of vested and permitted surface mining extraction sites or within three hundred (300) feet of mapped mining haul routes to vested and permitted surface mining extraction sites, the discretionary development permit shall include a condition that the owners of the property shall be required to record a notice of the right to mine against the property for which a discretionary permit is sought containing the disclosure set out in Section 314-28.2.5.2. (Ord. 2629, § 7, 6/11/2019)
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28.1 M - MANUFACTURED HOME DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Manufactured Home Combining Zone “T”)
28.1.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designation shall be used as applicable: (Former Section INL#315-9(e))
28.1.1.1M - where the development standards are modified for the sole purpose of allowing manufactured homes. (Former Section INL#315-9(e)(2))
28.1.1.2See also, the subsection, Special Combining Zone “SM,” where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section INL#315-9(e)(1))
When the M designation is used, the permitted building type shall not be listed by name in the table format. (Former Section INL#3159(e))
28.2 MR – MINERAL RESOURCES COMBINING ZONE ¶
28.2.1 Purpose. The purposes of these provisions are to: (1) identify permitted surface mining operations; (2) ensure compatibility of adjacent uses; (3) establish a process through which notice may be provided to owners of land seeking discretionary approval for projects within one thousand (1,000) feet of vested and permitted surface mining extraction sites; and (4) to facilitate implementation of the County’s regulations for surface mining, conservation, and reclamation.
28.2.2 Applicability. The Mineral Resources Combining Zone, indicated by “MR” on the Zoning Maps, shall be applied to the Zoning Maps covering parcels with vested or permitted surface mining operations, as shown on the Mineral Resources – Mining Operations Map contained in General Plan Appendix F, Map Book, and land within one thousand (1,000) feet of the outside edge of Assessor’s parcels containing surface mining operations. Land located within three hundred (300) feet of mapped mining haul routes shall also be subject to these regulations.
28.2.3 Permitted Uses. ¶
28.2.3.1Applications for new mining operations shall be subject to the approval of a conditional use permit, pursuant to Division 9, Mining Operations, of Title III, Land Use and Development, and the California Surface Mining and Reclamation Act (SMARA).
28.2.3.2Nonmining projects located within the MR Combining Zone or located within three hundred (300) feet of mapped mining haul routes may be approved only if the project incorporates the best mitigation measures feasible to minimize potential conflicts with continued mining operations. Incompatible land uses shall be suitably buffered from mining activity.
28.2.4 Hearing Notification. ¶
28.2.4.1Applications for discretionary approval associated with SMARA mining operations shown on maps in Humboldt County General Plan Appendix F, Map Book, shall provide public notice to landowners within one thousand (1,000) feet of the mining operation or one thousand five hundred (1,500) feet from any associated processing plant, and within three hundred (300) feet of proposed or existing haul routes.
28.2.4.2Applications for discretionary projects within one thousand (1,000) feet of mining operations shall include public hearing notice to the mine owners.
28.2.4.3Applications for all discretionary projects subject to the Mineral Resources Combining Zone shall provide notice to any public water system whose service area includes the project site.
28.2.5 Disclosure. ¶
28.2.5.1Humboldt County has over ninety (90) extraction sites including active hard rock quarries and in-stream gravel mining operations from bars along the Eel, Mad, Trinity, and Van Duzen Rivers and their tributaries. According to the Mineral Resources Chapter of the Humboldt County General Plan Conservation and Open Space Elements, the production of sand and gravel, hard rock, and metals is essential for the economic well-being of the County. The County’s vested and permitted surface mining operations must be protected, including in areas near residential development.
28.2.5.2This section further requires discretionary projects within one thousand (1,000) feet of vested and permitted surface mining extraction sites or within three hundred (300) feet of existing haul routes to record a notice of the “right to mine” against the property for which a discretionary permit is sought. The notice shall advise owners and subsequent interests in ownership that the existing mining operation has a permitted right to continued mining operations. The notice shall be in substantially the following form:
You are hereby notified that if the property you are purchasing is located close to vested and permitted surface mining extraction sites, you may be subject to inconvenience or discomfort from the following mining operations: noise, dust and emissions from mobile equipment used in mining operations such as bull dozers, scrapers, loaders, water trucks, and haul trucks, and stationary equipment such as conveyors, screeners, washing/crushing plants, and batch plants for the production of asphalt or concrete; and the lawful and proper use of chemicals and regulated explosives. Mining operations may involve excavation, drilling and blasting, with subsequent excavating and sorting. These operations may generate, among other things, dust, smoke, noise and odor. If you live near vested and permitted surface mining extraction sites, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county whose economy is reliant upon the production and conservation of minerals, while preserving to the maximum extent feasible the values relating to recreation, watershed, wildlife, timber management and agriculture, science, and aesthetic enjoyment. For information concerning where mining operations are located in relation to your property, you may contact the Planning Division of the Humboldt County Planning and Building Department. Nothing in this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper mining practice.
and aesthetic enjoyment. For information concerning where mining operations are located in relation to your property, you may contact the Planning Division of the Humboldt County Planning and Building Department. Nothing in this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper mining practice.
28.2.5.3Upon the issuance of a discretionary development permit, including but not limited to a subdivision approval, conditional use permit, or special permit, for a use within one thousand (1,000) feet of vested and permitted surface mining extraction sites or within three hundred (300) feet of mapped mining haul routes to vested and permitted surface mining extraction sites, the discretionary development permit shall include a condition that the owners of the property shall be required to record a notice of the right to mine against the property for which a discretionary permit is sought containing the disclosure set out in Section 314-28.2.5.2. (Ord. 2629, § 7, 6/11/2019)
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28.1 M - MANUFACTURED HOME DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Manufactured Home Combining Zone “T”)
28.1.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designation shall be used as applicable: (Former Section INL#315-9(e))
28.1.1.1M - where the development standards are modified for the sole purpose of allowing manufactured homes. (Former Section INL#315-9(e)(2))
28.1.1.2See also, the subsection, Special Combining Zone “SM,” where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section INL#315-9(e)(1))
When the M designation is used, the permitted building type shall not be listed by name in the table format. (Former Section INL#3159(e))
28.2 MR – MINERAL RESOURCES COMBINING ZONE ¶
28.2.1 Purpose. The purposes of these provisions are to: (1) identify permitted surface mining operations; (2) ensure compatibility of adjacent uses; (3) establish a process through which notice may be provided to owners of land seeking discretionary approval for projects within one thousand (1,000) feet of vested and permitted surface mining extraction sites; and (4) to facilitate implementation of the County’s regulations for surface mining, conservation, and reclamation.
28.2.2 Applicability. The Mineral Resources Combining Zone, indicated by “MR” on the Zoning Maps, shall be applied to the Zoning Maps covering parcels with vested or permitted surface mining operations, as shown on the Mineral Resources – Mining Operations Map contained in General Plan Appendix F, Map Book, and land within one thousand (1,000) feet of the outside edge of Assessor’s parcels containing surface mining operations. Land located within three hundred (300) feet of mapped mining haul routes shall also be subject to these regulations.
28.2.3 Permitted Uses. ¶
28.2.3.1Applications for new mining operations shall be subject to the approval of a conditional use permit, pursuant to Division 9, Mining Operations, of Title III, Land Use and Development, and the California Surface Mining and Reclamation Act (SMARA).
28.2.3.2Nonmining projects located within the MR Combining Zone or located within three hundred (300) feet of mapped mining haul routes may be approved only if the project incorporates the best mitigation measures feasible to minimize potential conflicts with continued mining operations. Incompatible land uses shall be suitably buffered from mining activity.
28.2.4 Hearing Notification. ¶
28.2.4.1Applications for discretionary approval associated with SMARA mining operations shown on maps in Humboldt County General Plan Appendix F, Map Book, shall provide public notice to landowners within one thousand (1,000) feet of the mining operation or one thousand five hundred (1,500) feet from any associated processing plant, and within three hundred (300) feet of proposed or existing haul routes.
28.2.4.2Applications for discretionary projects within one thousand (1,000) feet of mining operations shall include public hearing notice to the mine owners.
28.2.4.3Applications for all discretionary projects subject to the Mineral Resources Combining Zone shall provide notice to any public water system whose service area includes the project site.
28.2.5 Disclosure. ¶
28.2.5.1Humboldt County has over ninety (90) extraction sites including active hard rock quarries and in-stream gravel mining operations from bars along the Eel, Mad, Trinity, and Van Duzen Rivers and their tributaries. According to the Mineral Resources Chapter of the Humboldt County General Plan Conservation and Open Space Elements, the production of sand and gravel, hard rock, and metals is essential for the economic well-being of the County. The County’s vested and permitted surface mining operations must be protected, including in areas near residential development.
28.2.5.2This section further requires discretionary projects within one thousand (1,000) feet of vested and permitted surface mining extraction sites or within three hundred (300) feet of existing haul routes to record a notice of the “right to mine” against the property for which a discretionary permit is sought. The notice shall advise owners and subsequent interests in ownership that the existing mining operation has a permitted right to continued mining operations. The notice shall be in substantially the following form:
You are hereby notified that if the property you are purchasing is located close to vested and permitted surface mining extraction sites, you may be subject to inconvenience or discomfort from the following mining operations: noise, dust and emissions from mobile equipment used in mining operations such as bull dozers, scrapers, loaders, water trucks, and haul trucks, and stationary equipment such as conveyors, screeners, washing/crushing plants, and batch plants for the production of asphalt or concrete; and the lawful and proper use of chemicals and regulated explosives. Mining operations may involve excavation, drilling and blasting, with subsequent excavating and sorting. These operations may generate, among other things, dust, smoke, noise and odor. If you live near vested and permitted surface mining extraction sites, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county whose economy is reliant upon the production and conservation of minerals, while preserving to the maximum extent feasible the values relating to recreation, watershed, wildlife, timber management and agriculture, science, and aesthetic enjoyment. For information concerning where mining operations are located in relation to your property, you may contact the Planning Division of the Humboldt County Planning and Building Department. Nothing in this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper mining practice.
and aesthetic enjoyment. For information concerning where mining operations are located in relation to your property, you may contact the Planning Division of the Humboldt County Planning and Building Department. Nothing in this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper mining practice.
28.2.5.3Upon the issuance of a discretionary development permit, including but not limited to a subdivision approval, conditional use permit, or special permit, for a use within one thousand (1,000) feet of vested and permitted surface mining extraction sites or within three hundred (300) feet of mapped mining haul routes to vested and permitted surface mining extraction sites, the discretionary development permit shall include a condition that the owners of the property shall be required to record a notice of the right to mine against the property for which a discretionary permit is sought containing the disclosure set out in Section 314-28.2.5.2. (Ord. 2629, § 7, 6/11/2019)
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29.1 N - NOISE IMPACT ¶
29.1.1 Purpose. The purpose of these provisions is to establish regulations to maintain, within single family and multifamily structures and within structures designed for transient habitation, low exposure levels to noise associated with airports and major roads.
29.1.2 Applicability. The Noise Impact Regulations shall apply to lands designated “N” on the Zoning Maps that are located within areas mapped by the General Plan to have a noise exposure level of equal to or in excess of 60 dB Community Noise Equivalent Level - Day-Night Average Level (CNEL-Ldn).
29.1.3 Modifications Imposed by the Noise Impact Regulations. The provisions of the Noise Impact Regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations.
29.1.4 Prohibited Development. Within areas above the 60 dB CNEL-Ldn level, placement of manufactured homes is prohibited unless they have been certified to limit interior noise levels to 45 dB CNEL-Ldn in all habitable rooms.
29.1.5 Building Standards to Reduce Interior Noise Levels Required. Building standards to reduce interior noise levels are required to limit noise levels to 45 dB CNEL-Ldn in all habitable rooms. New construction of single family and multifamily structures and structures designed for transient habitation shall conform to the applicable requirements of the Humboldt County Building Code. (Ord. 2285, § 3, 12/10/2002)
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29.1 N - NOISE IMPACT ¶
29.1.1 Purpose. The purpose of these provisions is to establish regulations to maintain, within single family and multifamily structures and within structures designed for transient habitation, low exposure levels to noise associated with airports and major roads.
29.1.2 Applicability. The Noise Impact Regulations shall apply to lands designated “N” on the Zoning Maps that are located within areas mapped by the General Plan to have a noise exposure level of equal to or in excess of 60 dB Community Noise Equivalent Level - Day-Night Average Level (CNEL-Ldn).
29.1.3 Modifications Imposed by the Noise Impact Regulations. The provisions of the Noise Impact Regulations shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations.
29.1.4 Prohibited Development. Within areas above the 60 dB CNEL-Ldn level, placement of manufactured homes is prohibited unless they have been certified to limit interior noise levels to 45 dB CNEL-Ldn in all habitable rooms.
29.1.5 Building Standards to Reduce Interior Noise Levels Required. Building standards to reduce interior noise levels are required to limit noise levels to 45 dB CNEL-Ldn in all habitable rooms. New construction of single family and multifamily structures and structures designed for transient habitation shall conform to the applicable requirements of the Humboldt County Building Code. (Ord. 2285, § 3, 12/10/2002)
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31.1 P - PLANNED DEVELOPMENT ¶
31.1.1 Purpose. The purpose of these provisions is to encourage planned developments, and to allow flexibility in the administration of the development standards in this division for the purpose of: (Former Section INL#315-4(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.1.1Permitting more flexibility to cope with difficulties due to topography and other natural or man-made features; (Former Section INL#315-4(a)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.1.2Provide for clustered development in concert with the provision of residential amenities such as open space, recreation areas, and neighborhood commercial services; (Former Section INL#315-4(a)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.1.3Encourage a more creative approach to land development through waiver of development standards and application of less rigid development criteria where such flexibility can better provide for the protection and enhancement of designated sensitive habitats and cultural resources provided all the required findings for approving subdivisions can be made. (Former Section INL#3154(a)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2 Applicability. ¶
31.1.2.1These regulations shall apply to areas designated “P” on the Zoning Maps. (Former Section INL#315-4(b)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2.2These regulations may be applied where any of the following conditions prevail, provided the Director and the applicant agree that to do so would be in the public interest and best interests of the applicant: (Former Section INL#315-4(b)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2.2.1Any site where more than four (4) dwelling units, commercial buildings, or industrial buildings or combination thereof are proposed; (Former Section INL#315-4(b)(2)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2.2.2The development proposal is within a residential zone and includes residential and nonresidential development; (Former Section INL#315-4(b)(2)(b); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2.2.3Any site or development proposal where application of these regulations would provide a better means of carrying out the intent of the County General Plan. (Former Section INL#315-4(b)(2)(c Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.3 Minimum Lot Size Requirement. Planned Unit Developments shall be permitted on lots of 20,000 square feet or larger. (Former Section INL#315-4(c); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.4 Permitted Uses. The principally permitted uses in the applicable zoning district shall also be permitted in the Planned Unit Development. Other uses consistent with the applicable Plan designation may be permitted with a Use Permit. (Former Section INL#315-4(d); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98, Amended by Ord. 2313A, 12/16/03)
31.1.5 Modifications of Development Standards. The following development standard modifications may be approved by the Planning Commission reviewing the Planned Unit Development permit applications: (Former Section INL#315-4(e); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1 Residential Density Standards. ¶
31.1.5.1.1Applicable residential density standards may be increased by as much as twenty-five percent (25%) if the development incorporates extraordinary public benefits such as enhancement of sensitive habitats, visual resources, or cultural resources, development and maintenance of public access to recreational areas, or at least forty percent (40%) of the total lot area of the PUD is reserved for common open space areas which conform to all the following requirements: (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.1.1They must be useable and available to occupants of the PUD. (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.1.2They must average at least 100 feet in width. (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.1.3At least one-half of the required open space shall have an overall finished grade not to exceed ten percent (10%) and shall be suitably improved for its intended purpose. (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166,
Sec. 20, 4/7/98)
31.1.5.1.1.4All lawn and landscaped areas within the required common open space shall be provided with a permanent watering system adequate to maintain such areas in a healthy condition. (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.2The twenty-five percent (25%) density bonus limit in paragraph 31.1.5.1 is the maximum density bonus permitted; it may not be combined with any other density bonus allowed by County or State regulations if densities greater than 25% would result. (Former Section INL#315-4(e)(1)(b); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.3If development is to be accomplished in stages, the development shall be coordinated so that the improvement of the common open space areas and the construction of dwelling units in order that each development stage may achieve a proportional share of the total common open space. (Former Section INL#315-4(e)(1)(c); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.4Common areas must be owned, managed and maintained by the PUD owners association, public agency, or equivalent organization. (Former Section INL#315-4(e)(1)(d); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.5The dedication or offer of dedication for an easement for coastal access or view shall not be considered to lower the area of a parcel for purposes of density calculation. (Former Section INL#315-4(e)(1)(e); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.6Areas not designated for residential development in the General Plan shall not be included in calculating permitted densities. (Former Section INL#315-4(e)(1)(f); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.2 Lot Size Standards. The applicable lot size standards may be modified to carry out the intent of the Planned Unit Development Regulations, provided all other development standards set forth herein are met. (Former Section INL#315-4(e)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.3 Lot Coverage Standards. The applicable lot coverage standards shall apply, except that building coverage shall be calculated over the entire development instead of being applicable to each lot in the development. (Former Section INL#315-4(e)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.4 Setback Standards. The applicable setback standards may be modified provided:
31.1.5.4.1Lot coverage requirements herein are met; and (Former Section INL#315-4(e)(4)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.4.2Setbacks for lots located in the perimeter of the development shall conform with the setback requirements stipulated for the zone. (Former Section INL#315-4(e)(4)(b); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6 Design Guidelines. These guidelines shall be considered by architects, engineers, and other persons involved in designing Planned Unit developments, and by the decision-makers reviewing them. The guidelines recognize that while few people are in complete accord on what makes a well-designed project, there is general agreement on a number of basic design principles, which are enumerated herein: (Former Section INL#315-4(f); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1 Natural Considerations. The starting point in any design should be maintenance of the prominent natural features of the site. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.1Major trees and shrubs should be retained to the maximum extent possible, and should become the basis of the design of lots, roads, and other open spaces in the PUD. They add permanence and a sense of continuity to new developments, and new landscaping will take many years to provide the same benefits that mature existing vegetation will provide immediately. In some cases, native landscaping can be replaced in phases if part of a long-term plan to create a different landscaping effect. (Former Section INL#315-4(f) (1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.2New homesites should be sited and designed to concentrate development on level areas so that disturbance of steeper hillsides is minimized. Where the size and topography of the site requires development on hillsides, new construction and grading should follow the natural contours of the landscapes, fitting the site rather than altering the landform to accommodate buildings. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
areas so that disturbance of steeper hillsides is minimized. Where the size and topography of the site requires development on hillsides, new construction and grading should follow the natural contours of the landscapes, fitting the site rather than altering the landform to accommodate buildings. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.3To maintain ridgeline and hillside silhouettes, new development near ridgelines or steep slopes should be sited adjacent to existing major vegetation, where the major vegetation is retained. The height of buildings constructed near ridgelines should not affect the ridgeline silhouette. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.4Natural slopes in excess of twenty-five percent should remain undisturbed. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.5Disturbed areas not proposed for development should be renaturalized and revegetated as quickly as possible. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.2 Circulation Considerations. ¶
31.1.6.2.1Residences should take access from local roads serving a limited number of units. Few, if any, dwellings should front upon a collector street. This will restrict the amount of traffic in front of homes, which in turn promotes safety to children, pedestrians, pets, and even parked cars on the street. (Former Section INL#315-4(f)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.2.2Where residential road construction of a two (2) lane travel way would eliminate large trees or other prominent natural features, or result in excess grading, roads should be divided to preserve those features. (Former Section INL#315-4(f)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.2.3 Shoulders tend to visually widen the road, and encourage higher speeds as a result. Where shoulders are required for stormwater management on residential streets, the shoulders should be grass surfaced wherever possible. (Former Section INL#3154(f)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.2.4Incorporating alleys into the transportation system serving smaller lots is encouraged since alleys can be a beneficial means of providing a second automobile access to narrow lots. Although it is generally more desirable for alleys to connect a street at both ends, in some cases, dead end alleys with turn-arounds may be permitted. (Former Section INL#315-4(f)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3 Parking Considerations. ¶
31.1.6.3.1Reducing the visual impact of lines of parked cars and expanses of asphalt can add more to the good looks of a building than anything else. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.2Shared parking areas such as parking courtyards are encouraged. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.3Whenever possible, parking areas should be placed at the side or back of a building. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.4To avoid the long, narrow, dreary look of carports found in some older apartment complexes, individual carports and garages should be designed to accommodate no more than four (4) vehicles. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.5If a parking lot for five or more cars is within 20 feet of a street property line, a landscaped strip at least five feet wide should be provided between the parking lot and the street. This strip should have a fence, berm, wall or landscaping hedge that is three (3) feet high at the edge closest to the parking spaces. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98; Amended by Ord. 2214, 6/6/00)
31.1.6.3.6A screening device not less than six (6) feet high should be provided along all interior property lines where a parking lot for five or more cars adjoins a property line of a residential use. Raised earth mounds with landscaping may be used in place of fencing. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.7To avoid unwarranted noise or light, no parking lot for five or more cars should allow the front of parked cars to be within fifteen feet of the front of a living unit. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.4 Architectural Considerations. ¶
31.1.6.4.1Buildings should be compatible in design to development nearby. Building size is not necessarily a major concern in design; the size of large buildings can be visually reduced by providing changes in the depth of the facade (both vertical and horizontal), and changes in facade materials. (Former Section INL#315-4(f)(4); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.4.2Buildings should be made compatible in style to nearby development through the use of similar roof types, siding materials, color schemes, architectural details, and landscaping design. (Former Section INL#315-4(f)(4); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.4.3Living rooms, and eating and sleeping areas should face toward gardens and open areas and away from streets and parking areas. (Former Section INL#315-4(f)(4); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5 Other Considerations. ¶
31.1.6.5.1Landscaping should be used to enhance privacy, and to give visual order to the development. (Former Section INL#315-4(f) (5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5.2All multifamily units of four (4) or more dwellings should have laundry facilities, either as a common laundry room or in-unit connections for washers and dryers. A rule of thumb for common laundry facilities is one washer/dryer in a four (4) plex, and one
additional washer/dryer for each additional six (6) units, although family units will probably require more. (Former Section INL#3154(f)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5.3One (1) or more areas within a project should be set aside for trash collection and recycling collection. These areas should be conveniently placed, screened off from sight, directly accessible for the garbage and recycling trucks, and sited where early morning collection will not disturb residents. (Former Section INL#315-4(f)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5.4All utilities should be placed underground. (Former Section INL#315-4(f)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5.5Surcharge retention swales should be used to collect and dissipate stormwater runoff. (Former Section INL#315-4(f)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7 Roads and Driveways. ¶
31.1.7.1 Access. Planned Unit Developments shall be appropriately located with respect to streets and highways or other transportation facilities so as to direct access. Entrances and exits for automotive vehicles shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to pedestrians, passing traffic, or to traffic entering and leaving the development. Merging and turnout lanes shall be required where existing or anticipated flows of passing traffic or traffic from or to the Planned Unit Development indicate the need for such lanes. (Former Section INL#315-4(g)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.2 Internal Circulation. ¶
31.1.7.2.1Roads, pedestrian and bikeway paths shall be an integrated system designed to provide efficient safe circulation to all uses. Pedestrian/bikeways shall be clearly signed and have adequate crossing facilities where warranted. (Former Section INL#315-4(g)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.2.2Developments should be designed to minimize the length of road and encourage smooth traffic flow with controlled turning movements and minimum hazards to pedestrians, passing traffic, or to traffic entering and leaving the development. Merging and turnout lanes shall be required where existing or anticipated flows of passing traffic or traffic from or to the Planned Unit Development indicate the need for such lanes. Developments should be designed to minimize the length of roadway. (Former Section INL#315-4(g) (2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.3 Siting of Roadways and Parking Areas. Siting of roadways and parking areas shall be consistent with the character of the site, avoiding excessive cuts and fills. (Former Section INL#315-4(g)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4 Parking Standards. The following will be the minimum off-street parking requirements for dwelling units and permitted commercial uses in a residential Planned Unit Development: (Former Section INL#315-4(g)(4); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4.1Parking spaces for permitted uses, shall be provided in accordance with the Off-Street Parking regulations. (Former Section INL#315-4(g)(4)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4.2Off-street parking shall be designed and located in accordance with the Off-Street Parking and Loading Standards except that: (Former Section INL#315-4(g)(4)(b); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4.2.1Off-street parking may be clustered in parking pods in proximity to the dwelling units they serve; and (Former Section INL#315-4(g)(4)(b)(i); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4.2.2Off-street parking for guests may be required up to a maximum of one (1) space per two (2) dwelling units (Former Section INL#315-4(g)(4)(b)(ii); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.5 Recreational Vehicle Parking. Sufficient parking space may be required for storage of residents’ recreational vehicles. If required, a recreational vehicle parking area shall be located so as to be compatible with the surrounding land use. If located along the outer fringe of the PUD, it shall be adequately screened from vision from the adjacent properties. (Former Section INL#315-4(g)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
required for storage of residents’ recreational vehicles. If required, a recreational vehicle parking area shall be located so as to be compatible with the surrounding land use. If located along the outer fringe of the PUD, it shall be adequately screened from vision from the adjacent properties. (Former Section INL#315-4(g)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.8 Owners Association. A non-profit incorporated owners association or an alternative acceptable to County Counsel, shall be required if other satisfactory arrangements, such as County Service Area, have not been made for improving, operating and maintaining common facilities, including open space, streets, drives, service and parking areas, and recreation areas. (Former Section INL#315-4(h); Ord. 519, Sec. 515, 5/11/65)
31.2 PRD – PLANNED RURAL DEVELOPMENT ¶
31.2.1 Purpose. The purpose of these provisions is to allow for the voluntary clustering of homesites on land designated Agricultural Grazing (AG) and Timberland (T) on the General Plan Land Use Map at a density above what would otherwise be allowed when lands
most suitable for agricultural or timber production are retained for permanent continued resource production.
31.2.2 Applicability. ¶
31.2.2.1These regulations shall apply to areas designated “PRD” on the Zoning Maps.
31.2.2.2These regulations may be applied to land designated Agricultural Grazing (AG) and Timberland (T) on the General Plan Land Use Map.
31.2.3 Modifications of Development Standards. The following development standard modifications may be approved by the Planning Commission reviewing the planned rural development permit applications:
31.2.3.1 Residential Density Standards.
31.2.3.1.1The maximum allowable residential density specified in the General Plan may be increased by as much as fifty percent (50%) if:
31.2.3.1.1.1Development is clustered to minimize conflicts with agricultural production or timber harvesting as well as impacts to water resources, biological resources, and minimizes wildland fire potential; and
31.2.3.1.1.2Ninety-five percent (95%) of subject lands are protected through a conservation easement or equivalent protection.
31.2.3.2 Lot Size Standards. The applicable lot size standards may be modified to carry out the intent of the planned rural development regulations provided all other development standards set forth herein are met.
31.2.3.3 Lot Coverage Standards. The applicable lot coverage standards shall apply, except that building coverage shall be calculated over the entire development instead of being applicable to each lot in the development.
31.2.3.4 Setback Standards. The applicable setback standards may be modified provided:
31.2.3.4.1Lot coverage requirements herein are met; and
31.2.3.4.2Setbacks for lots located in the perimeter of the development shall conform with the setback requirements stipulated for the zone.
31.2.4 Other Requirements. The following design criteria shall be used in the design and evaluation of projects within a planned rural development:
31.2.4.1 Natural Considerations. The site design must maintain the prominent natural features of the site.
31.2.4.1.1Major trees should be retained to the maximum extent possible, consistent with fuel modification standards contained in the SRA Fire Safe Regulations, and should become the basis of the design of lots, roads, and other open spaces in the PRD. They add permanence and a sense of continuity to new developments, and new landscaping will take many years to provide the same benefits that mature existing vegetation will provide immediately.
31.2.4.1.2New homesites should be sited and designed to concentrate development on level areas so that disturbance of steeper hillsides is minimized. Where the size and topography of the site requires development on hillsides, new construction and grading should follow the natural contours.
31.2.4.1.3To maintain ridgeline and hillside silhouettes, new development near ridgelines or steep slopes should be sited adjacent to existing major vegetation, where the major vegetation is retained. The height of buildings constructed near ridgelines should not affect the ridgeline silhouette.
31.2.4.1.4Natural slopes in excess of twenty-five percent (25%) should remain undisturbed.
31.2.4.1.5Disturbed areas not proposed for development shall be revegetated as quickly as feasible.
31.2.4.2 Requirements for Water Storage. New development not served by a public water system that seeks to rely upon surface water shall install water storage capable of providing one hundred percent (100%) of the necessary water storage volume for the summer low-flow season (e.g., July-August-September). A forbearance agreement prohibiting water withdrawals during low-flow season shall be included as a performance standard for the project.
31.2.5 Roads and Driveways. ¶
31.2.5.1 Access. Planned rural developments shall be designed to minimize traffic safety hazards to pedestrians, bicyclists and vehicles.
31.2.5.2 Emergency Access. Planned rural developments shall not require the approval of exceptions to Fire Safe Regulations, Chapter 2, Emergency Access.
31.2.6 Conservation Easement or Equivalent Protection. A conservation easement or equivalent protection, in a form acceptable to County Counsel, shall be required to permanently protect resource production on the site consistent with applicable policies in the
Agricultural and Forest Resources Sections of the Land Use Element of the General Plan. (Ord. 2635, § 7, 8/27/2019) Your Selections
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31.1 P - PLANNED DEVELOPMENT ¶
31.1.1 Purpose. The purpose of these provisions is to encourage planned developments, and to allow flexibility in the administration of the development standards in this division for the purpose of: (Former Section INL#315-4(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.1.1Permitting more flexibility to cope with difficulties due to topography and other natural or man-made features; (Former Section INL#315-4(a)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.1.2Provide for clustered development in concert with the provision of residential amenities such as open space, recreation areas, and neighborhood commercial services; (Former Section INL#315-4(a)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.1.3Encourage a more creative approach to land development through waiver of development standards and application of less rigid development criteria where such flexibility can better provide for the protection and enhancement of designated sensitive habitats and cultural resources provided all the required findings for approving subdivisions can be made. (Former Section INL#3154(a)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2 Applicability. ¶
31.1.2.1These regulations shall apply to areas designated “P” on the Zoning Maps. (Former Section INL#315-4(b)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2.2These regulations may be applied where any of the following conditions prevail, provided the Director and the applicant agree that to do so would be in the public interest and best interests of the applicant: (Former Section INL#315-4(b)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2.2.1Any site where more than four (4) dwelling units, commercial buildings, or industrial buildings or combination thereof are proposed; (Former Section INL#315-4(b)(2)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2.2.2The development proposal is within a residential zone and includes residential and nonresidential development; (Former Section INL#315-4(b)(2)(b); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2.2.3Any site or development proposal where application of these regulations would provide a better means of carrying out the intent of the County General Plan. (Former Section INL#315-4(b)(2)(c Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.3 Minimum Lot Size Requirement. Planned Unit Developments shall be permitted on lots of 20,000 square feet or larger. (Former Section INL#315-4(c); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.4 Permitted Uses. The principally permitted uses in the applicable zoning district shall also be permitted in the Planned Unit Development. Other uses consistent with the applicable Plan designation may be permitted with a Use Permit. (Former Section INL#315-4(d); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98, Amended by Ord. 2313A, 12/16/03)
31.1.5 Modifications of Development Standards. The following development standard modifications may be approved by the Planning Commission reviewing the Planned Unit Development permit applications: (Former Section INL#315-4(e); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1 Residential Density Standards. ¶
31.1.5.1.1Applicable residential density standards may be increased by as much as twenty-five percent (25%) if the development incorporates extraordinary public benefits such as enhancement of sensitive habitats, visual resources, or cultural resources, development and maintenance of public access to recreational areas, or at least forty percent (40%) of the total lot area of the PUD is reserved for common open space areas which conform to all the following requirements: (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.1.1They must be useable and available to occupants of the PUD. (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.1.2They must average at least 100 feet in width. (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.1.3At least one-half of the required open space shall have an overall finished grade not to exceed ten percent (10%) and shall be suitably improved for its intended purpose. (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166,
Sec. 20, 4/7/98)
31.1.5.1.1.4All lawn and landscaped areas within the required common open space shall be provided with a permanent watering system adequate to maintain such areas in a healthy condition. (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.2The twenty-five percent (25%) density bonus limit in paragraph 31.1.5.1 is the maximum density bonus permitted; it may not be combined with any other density bonus allowed by County or State regulations if densities greater than 25% would result. (Former Section INL#315-4(e)(1)(b); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.3If development is to be accomplished in stages, the development shall be coordinated so that the improvement of the common open space areas and the construction of dwelling units in order that each development stage may achieve a proportional share of the total common open space. (Former Section INL#315-4(e)(1)(c); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.4Common areas must be owned, managed and maintained by the PUD owners association, public agency, or equivalent organization. (Former Section INL#315-4(e)(1)(d); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.5The dedication or offer of dedication for an easement for coastal access or view shall not be considered to lower the area of a parcel for purposes of density calculation. (Former Section INL#315-4(e)(1)(e); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.6Areas not designated for residential development in the General Plan shall not be included in calculating permitted densities. (Former Section INL#315-4(e)(1)(f); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.2 Lot Size Standards. The applicable lot size standards may be modified to carry out the intent of the Planned Unit Development Regulations, provided all other development standards set forth herein are met. (Former Section INL#315-4(e)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.3 Lot Coverage Standards. The applicable lot coverage standards shall apply, except that building coverage shall be calculated over the entire development instead of being applicable to each lot in the development. (Former Section INL#315-4(e)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.4 Setback Standards. The applicable setback standards may be modified provided:
31.1.5.4.1Lot coverage requirements herein are met; and (Former Section INL#315-4(e)(4)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.4.2Setbacks for lots located in the perimeter of the development shall conform with the setback requirements stipulated for the zone. (Former Section INL#315-4(e)(4)(b); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6 Design Guidelines. These guidelines shall be considered by architects, engineers, and other persons involved in designing Planned Unit developments, and by the decision-makers reviewing them. The guidelines recognize that while few people are in complete accord on what makes a well-designed project, there is general agreement on a number of basic design principles, which are enumerated herein: (Former Section INL#315-4(f); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1 Natural Considerations. The starting point in any design should be maintenance of the prominent natural features of the site. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.1Major trees and shrubs should be retained to the maximum extent possible, and should become the basis of the design of lots, roads, and other open spaces in the PUD. They add permanence and a sense of continuity to new developments, and new landscaping will take many years to provide the same benefits that mature existing vegetation will provide immediately. In some cases, native landscaping can be replaced in phases if part of a long-term plan to create a different landscaping effect. (Former Section INL#315-4(f) (1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.2New homesites should be sited and designed to concentrate development on level areas so that disturbance of steeper hillsides is minimized. Where the size and topography of the site requires development on hillsides, new construction and grading should follow the natural contours of the landscapes, fitting the site rather than altering the landform to accommodate buildings. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
areas so that disturbance of steeper hillsides is minimized. Where the size and topography of the site requires development on hillsides, new construction and grading should follow the natural contours of the landscapes, fitting the site rather than altering the landform to accommodate buildings. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.3To maintain ridgeline and hillside silhouettes, new development near ridgelines or steep slopes should be sited adjacent to existing major vegetation, where the major vegetation is retained. The height of buildings constructed near ridgelines should not affect the ridgeline silhouette. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.4Natural slopes in excess of twenty-five percent should remain undisturbed. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.5Disturbed areas not proposed for development should be renaturalized and revegetated as quickly as possible. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.2 Circulation Considerations. ¶
31.1.6.2.1Residences should take access from local roads serving a limited number of units. Few, if any, dwellings should front upon a collector street. This will restrict the amount of traffic in front of homes, which in turn promotes safety to children, pedestrians, pets, and even parked cars on the street. (Former Section INL#315-4(f)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.2.2Where residential road construction of a two (2) lane travel way would eliminate large trees or other prominent natural features, or result in excess grading, roads should be divided to preserve those features. (Former Section INL#315-4(f)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.2.3 Shoulders tend to visually widen the road, and encourage higher speeds as a result. Where shoulders are required for stormwater management on residential streets, the shoulders should be grass surfaced wherever possible. (Former Section INL#3154(f)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.2.4Incorporating alleys into the transportation system serving smaller lots is encouraged since alleys can be a beneficial means of providing a second automobile access to narrow lots. Although it is generally more desirable for alleys to connect a street at both ends, in some cases, dead end alleys with turn-arounds may be permitted. (Former Section INL#315-4(f)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3 Parking Considerations. ¶
31.1.6.3.1Reducing the visual impact of lines of parked cars and expanses of asphalt can add more to the good looks of a building than anything else. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.2Shared parking areas such as parking courtyards are encouraged. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.3Whenever possible, parking areas should be placed at the side or back of a building. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.4To avoid the long, narrow, dreary look of carports found in some older apartment complexes, individual carports and garages should be designed to accommodate no more than four (4) vehicles. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.5If a parking lot for five or more cars is within 20 feet of a street property line, a landscaped strip at least five feet wide should be provided between the parking lot and the street. This strip should have a fence, berm, wall or landscaping hedge that is three (3) feet high at the edge closest to the parking spaces. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98; Amended by Ord. 2214, 6/6/00)
31.1.6.3.6A screening device not less than six (6) feet high should be provided along all interior property lines where a parking lot for five or more cars adjoins a property line of a residential use. Raised earth mounds with landscaping may be used in place of fencing. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.7To avoid unwarranted noise or light, no parking lot for five or more cars should allow the front of parked cars to be within fifteen feet of the front of a living unit. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.4 Architectural Considerations. ¶
31.1.6.4.1Buildings should be compatible in design to development nearby. Building size is not necessarily a major concern in design; the size of large buildings can be visually reduced by providing changes in the depth of the facade (both vertical and horizontal), and changes in facade materials. (Former Section INL#315-4(f)(4); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.4.2Buildings should be made compatible in style to nearby development through the use of similar roof types, siding materials, color schemes, architectural details, and landscaping design. (Former Section INL#315-4(f)(4); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.4.3Living rooms, and eating and sleeping areas should face toward gardens and open areas and away from streets and parking areas. (Former Section INL#315-4(f)(4); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5 Other Considerations. ¶
31.1.6.5.1Landscaping should be used to enhance privacy, and to give visual order to the development. (Former Section INL#315-4(f) (5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5.2All multifamily units of four (4) or more dwellings should have laundry facilities, either as a common laundry room or in-unit connections for washers and dryers. A rule of thumb for common laundry facilities is one washer/dryer in a four (4) plex, and one
additional washer/dryer for each additional six (6) units, although family units will probably require more. (Former Section INL#3154(f)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5.3One (1) or more areas within a project should be set aside for trash collection and recycling collection. These areas should be conveniently placed, screened off from sight, directly accessible for the garbage and recycling trucks, and sited where early morning collection will not disturb residents. (Former Section INL#315-4(f)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5.4All utilities should be placed underground. (Former Section INL#315-4(f)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5.5Surcharge retention swales should be used to collect and dissipate stormwater runoff. (Former Section INL#315-4(f)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7 Roads and Driveways. ¶
31.1.7.1 Access. Planned Unit Developments shall be appropriately located with respect to streets and highways or other transportation facilities so as to direct access. Entrances and exits for automotive vehicles shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to pedestrians, passing traffic, or to traffic entering and leaving the development. Merging and turnout lanes shall be required where existing or anticipated flows of passing traffic or traffic from or to the Planned Unit Development indicate the need for such lanes. (Former Section INL#315-4(g)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.2 Internal Circulation. ¶
31.1.7.2.1Roads, pedestrian and bikeway paths shall be an integrated system designed to provide efficient safe circulation to all uses. Pedestrian/bikeways shall be clearly signed and have adequate crossing facilities where warranted. (Former Section INL#315-4(g)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.2.2Developments should be designed to minimize the length of road and encourage smooth traffic flow with controlled turning movements and minimum hazards to pedestrians, passing traffic, or to traffic entering and leaving the development. Merging and turnout lanes shall be required where existing or anticipated flows of passing traffic or traffic from or to the Planned Unit Development indicate the need for such lanes. Developments should be designed to minimize the length of roadway. (Former Section INL#315-4(g) (2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.3 Siting of Roadways and Parking Areas. Siting of roadways and parking areas shall be consistent with the character of the site, avoiding excessive cuts and fills. (Former Section INL#315-4(g)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4 Parking Standards. The following will be the minimum off-street parking requirements for dwelling units and permitted commercial uses in a residential Planned Unit Development: (Former Section INL#315-4(g)(4); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4.1Parking spaces for permitted uses, shall be provided in accordance with the Off-Street Parking regulations. (Former Section INL#315-4(g)(4)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4.2Off-street parking shall be designed and located in accordance with the Off-Street Parking and Loading Standards except that: (Former Section INL#315-4(g)(4)(b); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4.2.1Off-street parking may be clustered in parking pods in proximity to the dwelling units they serve; and (Former Section INL#315-4(g)(4)(b)(i); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4.2.2Off-street parking for guests may be required up to a maximum of one (1) space per two (2) dwelling units (Former Section INL#315-4(g)(4)(b)(ii); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.5 Recreational Vehicle Parking. Sufficient parking space may be required for storage of residents’ recreational vehicles. If required, a recreational vehicle parking area shall be located so as to be compatible with the surrounding land use. If located along the outer fringe of the PUD, it shall be adequately screened from vision from the adjacent properties. (Former Section INL#315-4(g)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
required for storage of residents’ recreational vehicles. If required, a recreational vehicle parking area shall be located so as to be compatible with the surrounding land use. If located along the outer fringe of the PUD, it shall be adequately screened from vision from the adjacent properties. (Former Section INL#315-4(g)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.8 Owners Association. A non-profit incorporated owners association or an alternative acceptable to County Counsel, shall be required if other satisfactory arrangements, such as County Service Area, have not been made for improving, operating and maintaining common facilities, including open space, streets, drives, service and parking areas, and recreation areas. (Former Section INL#315-4(h); Ord. 519, Sec. 515, 5/11/65)
31.2 PRD – PLANNED RURAL DEVELOPMENT ¶
31.2.1 Purpose. The purpose of these provisions is to allow for the voluntary clustering of homesites on land designated Agricultural Grazing (AG) and Timberland (T) on the General Plan Land Use Map at a density above what would otherwise be allowed when lands
most suitable for agricultural or timber production are retained for permanent continued resource production.
31.2.2 Applicability. ¶
31.2.2.1These regulations shall apply to areas designated “PRD” on the Zoning Maps.
31.2.2.2These regulations may be applied to land designated Agricultural Grazing (AG) and Timberland (T) on the General Plan Land Use Map.
31.2.3 Modifications of Development Standards. The following development standard modifications may be approved by the Planning Commission reviewing the planned rural development permit applications:
31.2.3.1 Residential Density Standards.
31.2.3.1.1The maximum allowable residential density specified in the General Plan may be increased by as much as fifty percent (50%) if:
31.2.3.1.1.1Development is clustered to minimize conflicts with agricultural production or timber harvesting as well as impacts to water resources, biological resources, and minimizes wildland fire potential; and
31.2.3.1.1.2Ninety-five percent (95%) of subject lands are protected through a conservation easement or equivalent protection.
31.2.3.2 Lot Size Standards. The applicable lot size standards may be modified to carry out the intent of the planned rural development regulations provided all other development standards set forth herein are met.
31.2.3.3 Lot Coverage Standards. The applicable lot coverage standards shall apply, except that building coverage shall be calculated over the entire development instead of being applicable to each lot in the development.
31.2.3.4 Setback Standards. The applicable setback standards may be modified provided:
31.2.3.4.1Lot coverage requirements herein are met; and
31.2.3.4.2Setbacks for lots located in the perimeter of the development shall conform with the setback requirements stipulated for the zone.
31.2.4 Other Requirements. The following design criteria shall be used in the design and evaluation of projects within a planned rural development:
31.2.4.1 Natural Considerations. The site design must maintain the prominent natural features of the site.
31.2.4.1.1Major trees should be retained to the maximum extent possible, consistent with fuel modification standards contained in the SRA Fire Safe Regulations, and should become the basis of the design of lots, roads, and other open spaces in the PRD. They add permanence and a sense of continuity to new developments, and new landscaping will take many years to provide the same benefits that mature existing vegetation will provide immediately.
31.2.4.1.2New homesites should be sited and designed to concentrate development on level areas so that disturbance of steeper hillsides is minimized. Where the size and topography of the site requires development on hillsides, new construction and grading should follow the natural contours.
31.2.4.1.3To maintain ridgeline and hillside silhouettes, new development near ridgelines or steep slopes should be sited adjacent to existing major vegetation, where the major vegetation is retained. The height of buildings constructed near ridgelines should not affect the ridgeline silhouette.
31.2.4.1.4Natural slopes in excess of twenty-five percent (25%) should remain undisturbed.
31.2.4.1.5Disturbed areas not proposed for development shall be revegetated as quickly as feasible.
31.2.4.2 Requirements for Water Storage. New development not served by a public water system that seeks to rely upon surface water shall install water storage capable of providing one hundred percent (100%) of the necessary water storage volume for the summer low-flow season (e.g., July-August-September). A forbearance agreement prohibiting water withdrawals during low-flow season shall be included as a performance standard for the project.
31.2.5 Roads and Driveways. ¶
31.2.5.1 Access. Planned rural developments shall be designed to minimize traffic safety hazards to pedestrians, bicyclists and vehicles.
31.2.5.2 Emergency Access. Planned rural developments shall not require the approval of exceptions to Fire Safe Regulations, Chapter 2, Emergency Access.
31.2.6 Conservation Easement or Equivalent Protection. A conservation easement or equivalent protection, in a form acceptable to County Counsel, shall be required to permanently protect resource production on the site consistent with applicable policies in the
Agricultural and Forest Resources Sections of the Land Use Element of the General Plan. (Ord. 2635, § 7, 8/27/2019) Your Selections
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31.1 P - PLANNED DEVELOPMENT ¶
31.1.1 Purpose. The purpose of these provisions is to encourage planned developments, and to allow flexibility in the administration of the development standards in this division for the purpose of: (Former Section INL#315-4(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.1.1Permitting more flexibility to cope with difficulties due to topography and other natural or man-made features; (Former Section INL#315-4(a)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.1.2Provide for clustered development in concert with the provision of residential amenities such as open space, recreation areas, and neighborhood commercial services; (Former Section INL#315-4(a)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.1.3Encourage a more creative approach to land development through waiver of development standards and application of less rigid development criteria where such flexibility can better provide for the protection and enhancement of designated sensitive habitats and cultural resources provided all the required findings for approving subdivisions can be made. (Former Section INL#3154(a)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2 Applicability. ¶
31.1.2.1These regulations shall apply to areas designated “P” on the Zoning Maps. (Former Section INL#315-4(b)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2.2These regulations may be applied where any of the following conditions prevail, provided the Director and the applicant agree that to do so would be in the public interest and best interests of the applicant: (Former Section INL#315-4(b)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2.2.1Any site where more than four (4) dwelling units, commercial buildings, or industrial buildings or combination thereof are proposed; (Former Section INL#315-4(b)(2)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2.2.2The development proposal is within a residential zone and includes residential and nonresidential development; (Former Section INL#315-4(b)(2)(b); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.2.2.3Any site or development proposal where application of these regulations would provide a better means of carrying out the intent of the County General Plan. (Former Section INL#315-4(b)(2)(c Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.3 Minimum Lot Size Requirement. Planned Unit Developments shall be permitted on lots of 20,000 square feet or larger. (Former Section INL#315-4(c); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.4 Permitted Uses. The principally permitted uses in the applicable zoning district shall also be permitted in the Planned Unit Development. Other uses consistent with the applicable Plan designation may be permitted with a Use Permit. (Former Section INL#315-4(d); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98, Amended by Ord. 2313A, 12/16/03)
31.1.5 Modifications of Development Standards. The following development standard modifications may be approved by the Planning Commission reviewing the Planned Unit Development permit applications: (Former Section INL#315-4(e); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1 Residential Density Standards. ¶
31.1.5.1.1Applicable residential density standards may be increased by as much as twenty-five percent (25%) if the development incorporates extraordinary public benefits such as enhancement of sensitive habitats, visual resources, or cultural resources, development and maintenance of public access to recreational areas, or at least forty percent (40%) of the total lot area of the PUD is reserved for common open space areas which conform to all the following requirements: (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.1.1They must be useable and available to occupants of the PUD. (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.1.2They must average at least 100 feet in width. (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.1.3At least one-half of the required open space shall have an overall finished grade not to exceed ten percent (10%) and shall be suitably improved for its intended purpose. (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166,
Sec. 20, 4/7/98)
31.1.5.1.1.4All lawn and landscaped areas within the required common open space shall be provided with a permanent watering system adequate to maintain such areas in a healthy condition. (Former Section INL#315-4(e)(1)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.2The twenty-five percent (25%) density bonus limit in paragraph 31.1.5.1 is the maximum density bonus permitted; it may not be combined with any other density bonus allowed by County or State regulations if densities greater than 25% would result. (Former Section INL#315-4(e)(1)(b); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.3If development is to be accomplished in stages, the development shall be coordinated so that the improvement of the common open space areas and the construction of dwelling units in order that each development stage may achieve a proportional share of the total common open space. (Former Section INL#315-4(e)(1)(c); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.4Common areas must be owned, managed and maintained by the PUD owners association, public agency, or equivalent organization. (Former Section INL#315-4(e)(1)(d); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.5The dedication or offer of dedication for an easement for coastal access or view shall not be considered to lower the area of a parcel for purposes of density calculation. (Former Section INL#315-4(e)(1)(e); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.1.6Areas not designated for residential development in the General Plan shall not be included in calculating permitted densities. (Former Section INL#315-4(e)(1)(f); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.2 Lot Size Standards. The applicable lot size standards may be modified to carry out the intent of the Planned Unit Development Regulations, provided all other development standards set forth herein are met. (Former Section INL#315-4(e)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.3 Lot Coverage Standards. The applicable lot coverage standards shall apply, except that building coverage shall be calculated over the entire development instead of being applicable to each lot in the development. (Former Section INL#315-4(e)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.4 Setback Standards. The applicable setback standards may be modified provided:
31.1.5.4.1Lot coverage requirements herein are met; and (Former Section INL#315-4(e)(4)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.5.4.2Setbacks for lots located in the perimeter of the development shall conform with the setback requirements stipulated for the zone. (Former Section INL#315-4(e)(4)(b); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6 Design Guidelines. These guidelines shall be considered by architects, engineers, and other persons involved in designing Planned Unit developments, and by the decision-makers reviewing them. The guidelines recognize that while few people are in complete accord on what makes a well-designed project, there is general agreement on a number of basic design principles, which are enumerated herein: (Former Section INL#315-4(f); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1 Natural Considerations. The starting point in any design should be maintenance of the prominent natural features of the site. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.1Major trees and shrubs should be retained to the maximum extent possible, and should become the basis of the design of lots, roads, and other open spaces in the PUD. They add permanence and a sense of continuity to new developments, and new landscaping will take many years to provide the same benefits that mature existing vegetation will provide immediately. In some cases, native landscaping can be replaced in phases if part of a long-term plan to create a different landscaping effect. (Former Section INL#315-4(f) (1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.2New homesites should be sited and designed to concentrate development on level areas so that disturbance of steeper hillsides is minimized. Where the size and topography of the site requires development on hillsides, new construction and grading should follow the natural contours of the landscapes, fitting the site rather than altering the landform to accommodate buildings. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
areas so that disturbance of steeper hillsides is minimized. Where the size and topography of the site requires development on hillsides, new construction and grading should follow the natural contours of the landscapes, fitting the site rather than altering the landform to accommodate buildings. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.3To maintain ridgeline and hillside silhouettes, new development near ridgelines or steep slopes should be sited adjacent to existing major vegetation, where the major vegetation is retained. The height of buildings constructed near ridgelines should not affect the ridgeline silhouette. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.4Natural slopes in excess of twenty-five percent should remain undisturbed. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.1.5Disturbed areas not proposed for development should be renaturalized and revegetated as quickly as possible. (Former Section INL#315-4(f)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.2 Circulation Considerations. ¶
31.1.6.2.1Residences should take access from local roads serving a limited number of units. Few, if any, dwellings should front upon a collector street. This will restrict the amount of traffic in front of homes, which in turn promotes safety to children, pedestrians, pets, and even parked cars on the street. (Former Section INL#315-4(f)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.2.2Where residential road construction of a two (2) lane travel way would eliminate large trees or other prominent natural features, or result in excess grading, roads should be divided to preserve those features. (Former Section INL#315-4(f)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.2.3 Shoulders tend to visually widen the road, and encourage higher speeds as a result. Where shoulders are required for stormwater management on residential streets, the shoulders should be grass surfaced wherever possible. (Former Section INL#3154(f)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.2.4Incorporating alleys into the transportation system serving smaller lots is encouraged since alleys can be a beneficial means of providing a second automobile access to narrow lots. Although it is generally more desirable for alleys to connect a street at both ends, in some cases, dead end alleys with turn-arounds may be permitted. (Former Section INL#315-4(f)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3 Parking Considerations. ¶
31.1.6.3.1Reducing the visual impact of lines of parked cars and expanses of asphalt can add more to the good looks of a building than anything else. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.2Shared parking areas such as parking courtyards are encouraged. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.3Whenever possible, parking areas should be placed at the side or back of a building. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.4To avoid the long, narrow, dreary look of carports found in some older apartment complexes, individual carports and garages should be designed to accommodate no more than four (4) vehicles. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.5If a parking lot for five or more cars is within 20 feet of a street property line, a landscaped strip at least five feet wide should be provided between the parking lot and the street. This strip should have a fence, berm, wall or landscaping hedge that is three (3) feet high at the edge closest to the parking spaces. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98; Amended by Ord. 2214, 6/6/00)
31.1.6.3.6A screening device not less than six (6) feet high should be provided along all interior property lines where a parking lot for five or more cars adjoins a property line of a residential use. Raised earth mounds with landscaping may be used in place of fencing. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.3.7To avoid unwarranted noise or light, no parking lot for five or more cars should allow the front of parked cars to be within fifteen feet of the front of a living unit. (Former Section INL#315-4(f)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.4 Architectural Considerations. ¶
31.1.6.4.1Buildings should be compatible in design to development nearby. Building size is not necessarily a major concern in design; the size of large buildings can be visually reduced by providing changes in the depth of the facade (both vertical and horizontal), and changes in facade materials. (Former Section INL#315-4(f)(4); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.4.2Buildings should be made compatible in style to nearby development through the use of similar roof types, siding materials, color schemes, architectural details, and landscaping design. (Former Section INL#315-4(f)(4); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.4.3Living rooms, and eating and sleeping areas should face toward gardens and open areas and away from streets and parking areas. (Former Section INL#315-4(f)(4); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5 Other Considerations. ¶
31.1.6.5.1Landscaping should be used to enhance privacy, and to give visual order to the development. (Former Section INL#315-4(f) (5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5.2All multifamily units of four (4) or more dwellings should have laundry facilities, either as a common laundry room or in-unit connections for washers and dryers. A rule of thumb for common laundry facilities is one washer/dryer in a four (4) plex, and one
additional washer/dryer for each additional six (6) units, although family units will probably require more. (Former Section INL#3154(f)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5.3One (1) or more areas within a project should be set aside for trash collection and recycling collection. These areas should be conveniently placed, screened off from sight, directly accessible for the garbage and recycling trucks, and sited where early morning collection will not disturb residents. (Former Section INL#315-4(f)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5.4All utilities should be placed underground. (Former Section INL#315-4(f)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.6.5.5Surcharge retention swales should be used to collect and dissipate stormwater runoff. (Former Section INL#315-4(f)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7 Roads and Driveways. ¶
31.1.7.1 Access. Planned Unit Developments shall be appropriately located with respect to streets and highways or other transportation facilities so as to direct access. Entrances and exits for automotive vehicles shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to pedestrians, passing traffic, or to traffic entering and leaving the development. Merging and turnout lanes shall be required where existing or anticipated flows of passing traffic or traffic from or to the Planned Unit Development indicate the need for such lanes. (Former Section INL#315-4(g)(1); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.2 Internal Circulation. ¶
31.1.7.2.1Roads, pedestrian and bikeway paths shall be an integrated system designed to provide efficient safe circulation to all uses. Pedestrian/bikeways shall be clearly signed and have adequate crossing facilities where warranted. (Former Section INL#315-4(g)(2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.2.2Developments should be designed to minimize the length of road and encourage smooth traffic flow with controlled turning movements and minimum hazards to pedestrians, passing traffic, or to traffic entering and leaving the development. Merging and turnout lanes shall be required where existing or anticipated flows of passing traffic or traffic from or to the Planned Unit Development indicate the need for such lanes. Developments should be designed to minimize the length of roadway. (Former Section INL#315-4(g) (2); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.3 Siting of Roadways and Parking Areas. Siting of roadways and parking areas shall be consistent with the character of the site, avoiding excessive cuts and fills. (Former Section INL#315-4(g)(3); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4 Parking Standards. The following will be the minimum off-street parking requirements for dwelling units and permitted commercial uses in a residential Planned Unit Development: (Former Section INL#315-4(g)(4); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4.1Parking spaces for permitted uses, shall be provided in accordance with the Off-Street Parking regulations. (Former Section INL#315-4(g)(4)(a); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4.2Off-street parking shall be designed and located in accordance with the Off-Street Parking and Loading Standards except that: (Former Section INL#315-4(g)(4)(b); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4.2.1Off-street parking may be clustered in parking pods in proximity to the dwelling units they serve; and (Former Section INL#315-4(g)(4)(b)(i); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.4.2.2Off-street parking for guests may be required up to a maximum of one (1) space per two (2) dwelling units (Former Section INL#315-4(g)(4)(b)(ii); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.7.5 Recreational Vehicle Parking. Sufficient parking space may be required for storage of residents’ recreational vehicles. If required, a recreational vehicle parking area shall be located so as to be compatible with the surrounding land use. If located along the outer fringe of the PUD, it shall be adequately screened from vision from the adjacent properties. (Former Section INL#315-4(g)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
required for storage of residents’ recreational vehicles. If required, a recreational vehicle parking area shall be located so as to be compatible with the surrounding land use. If located along the outer fringe of the PUD, it shall be adequately screened from vision from the adjacent properties. (Former Section INL#315-4(g)(5); Ord. 519, Sec. 515, 5/11/65; Amended by Ord. 2166, Sec. 20, 4/7/98)
31.1.8 Owners Association. A non-profit incorporated owners association or an alternative acceptable to County Counsel, shall be required if other satisfactory arrangements, such as County Service Area, have not been made for improving, operating and maintaining common facilities, including open space, streets, drives, service and parking areas, and recreation areas. (Former Section INL#315-4(h); Ord. 519, Sec. 515, 5/11/65)
31.2 PRD – PLANNED RURAL DEVELOPMENT ¶
31.2.1 Purpose. The purpose of these provisions is to allow for the voluntary clustering of homesites on land designated Agricultural Grazing (AG) and Timberland (T) on the General Plan Land Use Map at a density above what would otherwise be allowed when lands
most suitable for agricultural or timber production are retained for permanent continued resource production.
31.2.2 Applicability. ¶
31.2.2.1These regulations shall apply to areas designated “PRD” on the Zoning Maps.
31.2.2.2These regulations may be applied to land designated Agricultural Grazing (AG) and Timberland (T) on the General Plan Land Use Map.
31.2.3 Modifications of Development Standards. The following development standard modifications may be approved by the Planning Commission reviewing the planned rural development permit applications:
31.2.3.1 Residential Density Standards.
31.2.3.1.1The maximum allowable residential density specified in the General Plan may be increased by as much as fifty percent (50%) if:
31.2.3.1.1.1Development is clustered to minimize conflicts with agricultural production or timber harvesting as well as impacts to water resources, biological resources, and minimizes wildland fire potential; and
31.2.3.1.1.2Ninety-five percent (95%) of subject lands are protected through a conservation easement or equivalent protection.
31.2.3.2 Lot Size Standards. The applicable lot size standards may be modified to carry out the intent of the planned rural development regulations provided all other development standards set forth herein are met.
31.2.3.3 Lot Coverage Standards. The applicable lot coverage standards shall apply, except that building coverage shall be calculated over the entire development instead of being applicable to each lot in the development.
31.2.3.4 Setback Standards. The applicable setback standards may be modified provided:
31.2.3.4.1Lot coverage requirements herein are met; and
31.2.3.4.2Setbacks for lots located in the perimeter of the development shall conform with the setback requirements stipulated for the zone.
31.2.4 Other Requirements. The following design criteria shall be used in the design and evaluation of projects within a planned rural development:
31.2.4.1 Natural Considerations. The site design must maintain the prominent natural features of the site.
31.2.4.1.1Major trees should be retained to the maximum extent possible, consistent with fuel modification standards contained in the SRA Fire Safe Regulations, and should become the basis of the design of lots, roads, and other open spaces in the PRD. They add permanence and a sense of continuity to new developments, and new landscaping will take many years to provide the same benefits that mature existing vegetation will provide immediately.
31.2.4.1.2New homesites should be sited and designed to concentrate development on level areas so that disturbance of steeper hillsides is minimized. Where the size and topography of the site requires development on hillsides, new construction and grading should follow the natural contours.
31.2.4.1.3To maintain ridgeline and hillside silhouettes, new development near ridgelines or steep slopes should be sited adjacent to existing major vegetation, where the major vegetation is retained. The height of buildings constructed near ridgelines should not affect the ridgeline silhouette.
31.2.4.1.4Natural slopes in excess of twenty-five percent (25%) should remain undisturbed.
31.2.4.1.5Disturbed areas not proposed for development shall be revegetated as quickly as feasible.
31.2.4.2 Requirements for Water Storage. New development not served by a public water system that seeks to rely upon surface water shall install water storage capable of providing one hundred percent (100%) of the necessary water storage volume for the summer low-flow season (e.g., July-August-September). A forbearance agreement prohibiting water withdrawals during low-flow season shall be included as a performance standard for the project.
31.2.5 Roads and Driveways. ¶
31.2.5.1 Access. Planned rural developments shall be designed to minimize traffic safety hazards to pedestrians, bicyclists and vehicles.
31.2.5.2 Emergency Access. Planned rural developments shall not require the approval of exceptions to Fire Safe Regulations, Chapter 2, Emergency Access.
31.2.6 Conservation Easement or Equivalent Protection. A conservation easement or equivalent protection, in a form acceptable to County Counsel, shall be required to permanently protect resource production on the site consistent with applicable policies in the
Agricultural and Forest Resources Sections of the Land Use Element of the General Plan. (Ord. 2635, § 7, 8/27/2019) Your Selections
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32.1 Q - QUALIFIED ¶
The Qualified Combining Zone is intended to be combined with any principal zone in situations where sound and orderly planning indicate that specified principal permitted uses or conditional uses otherwise allowed under the principal zone may be limited or not be allowed with or without a Use Permit, or development standards/restrictions can be added, deleted or modified to implement the General Plan or to implement CEQA mitigation or to limit additional entitlements. The qualified uses shall be specified in the ordinance applying the Q Zone to specific property. (Former Section INL#315-6; Ord. 1103, Sec. 1, 9/21/76, Amended by Ord. 2297; 3/25/03)
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32.1 Q - QUALIFIED ¶
The Qualified Combining Zone is intended to be combined with any principal zone in situations where sound and orderly planning indicate that specified principal permitted uses or conditional uses otherwise allowed under the principal zone may be limited or not be allowed with or without a Use Permit, or development standards/restrictions can be added, deleted or modified to implement the General Plan or to implement CEQA mitigation or to limit additional entitlements. The qualified uses shall be specified in the ordinance applying the Q Zone to specific property. (Former Section INL#315-6; Ord. 1103, Sec. 1, 9/21/76, Amended by Ord. 2297; 3/25/03)
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33.1 R - RECREATION ¶
(See also, Recreation Combining Zone “X”)
The Recreation Combining Zone is intended to be combined with any principal zone in which the addition of recreational uses is desirable and will not be detrimental to the uses of the principal zone or of adjacent zones. The following regulations shall apply in any zone which is combined with a Recreation Combining Zone. (Former Sections INL#315-3.1; Added by Ord. 1741, Sec. 2, 7/8/76; Amended by Ord. 2166, Sec. 19, 4/7/98)
33.1.1 Principal Permitted Uses. ¶
33.1.1.1Uses allowed as Principal Permitted Uses within the Principal Zone. (Former Sections INL#315-3.1(a)(1); Added by Ord. 1741, Sec. 2, 7/8/76; Amended by Ord. 2166, Sec. 19, 4/7/98)
33.1.2 Uses Permitted With a Use Permit.
33.1.2.1Commercial recreation facilities. (Former Sections INL#315-3.1(b)(1); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.2.2Commercial uses compatible with recreational uses which in the opinion of the Planning Commission will not impair present and potential uses of the area. (Former Sections INL#315-3.1(b)(2); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.2.3Special occupancy parks for transient use. (Former Sections INL#315-3.1(b)(3); Added by Ord. 1741, Sec. 2, 7/8/76; Amended by Ord. 2166, Sec. 19, 4/7/98)
33.1.2.4Public stables and golf courses. (Former Sections INL#315-3.1(b)(4); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.2.5Recreational accommodations as defined in Section C: Index of Definitions of Language and Legal Terms. (Former Sections INL#315-3.1(b)(5); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.2.6Private noncommercial recreation facilities. (Former Sections INL#315-3.1(b)(6); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3 Other Regulations. ¶
33.1.3.1Minimum lot area - as established by the principal zone or five (5) acres, whichever is greater. (Former Sections INL#315-3.1(c) (1); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.2Minimum lot width - 300 feet. (Former Sections INL#315-3.1(c)(2); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.3Minimum yards - front, rear and side, fifty (50) feet. (Former Sections INL#315-3.1(c)(3); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.4Maximum building height - thirty-five (35) feet. (Former Sections INL#315-3.1(c)(4); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.5In addition to permitted uses, maximum ground coverage of the project site shall not exceed two (2) acres. (Former Sections INL#315-3.1(c)(5); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.6All uses as may be permitted on the project site shall by design, operation and management be mutually compatible and shall not be detrimental to any of the principal permitted uses allowed with adjacent zones. (Former Sections INL#315-3.1(c)(6); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.7Development along County roads may be allowed and conditioned upon road or related improvements, on or off-site, to reduce, to an acceptable level as determined by the Hearing officer, the impacts of the project upon the road and related improvements. (Former Sections INL#315-3.1(c)(7); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.8Within the TPZ, AE and AG Zone districts recreational use projects shall:
33.1.3.8.1Remain under the control of the owner of the agricultural or timber resource lands. (Former Sections INL#315-3.1(c)(8)(a); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.8.2Demonstrate that the project parcel has direct frontage on a public maintained road or a recorded access. (Former Sections INL#315-3.1(c)(8)(b); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.8.3Demonstrate that first consideration was given to locate the project on non-resource production lands, with second consideration given to locate the project on the least productive soils on the resource production lands. (Former Sections INL#3153.1(c)(8)(c); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.8.4Be conditioned, as part of the Use Permit process, to preclude future land division segregating the recreational use from the resource production areas. (Former Sections INL#315-3.1(c)(8)(d); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9Applications for Use Permits for the development of land in a Recreation Zone shall be accompanied by a plan of the development proposal. Such plan shall include graphic and written material as may be required to show:
33.1.3.9.1That the project location and the specific project site is suitable for the intended use. (Former Sections INL#315-3.1(c)(9)(a); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.2Topography of the land, contour intervals and drainage patterns. (Former Sections INL#315-3.1(c)(9)(b); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.3Proposed access, traffic and pedestrian ways, parking and easements. (Former Sections INL#315-3.1(c)(9)(b); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.4Water and wastewater systems. (Former Sections INL#315-3.1(c)(9)(d); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.5Areas, structures and facilities proposed for habitation, recreation and commercial uses. (Former Sections INL#315-3.1(c)(9) (e); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.6Proposed location of buildings on the land including all dimensions necessary to indicate size of structures, setback and yard areas. (Former Sections INL#315-3.1(c)(9)(f); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.7Proposed landscaping, fencing and screening, signing and outdoor lighting. (Former Sections INL#315-3.1(c)(9)(g); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.8Such other detailed elevations, plans and other information as may be necessary to adequately evaluate the proposed development. (Former Sections INL#315-3.1(c)(9)(h); Added by Ord. 1741, Sec. 2, 7/8/76)
33.2 RR – RAILROAD RIGHTS-OF-WAY PROTECTION
33.2.1 Purpose. The purpose of these provisions is to protect specified contiguous rail rights-of-way from development that may interfere with the use of the rights-of-way for rail and other public transportation uses.
33.2.2 Applicability. The Railroad Rights-of-Way Protection Combining Zone, indicated by “RR” on the Zoning Maps, shall apply to contiguous rail rights-of-way currently held by the North Coast Railroad Authority, and those along the former Annie and Mary Railroad rail corridor between Arcata and Blue Lake that are designated Railroad in the General Plan Land Use Element and as shown by a line symbol on the Circulation and Public Facilities Maps contained in General Plan Appendix F, Map Book.
33.2.3 Compatible Uses. The following uses are permitted within areas designated as a Railroad Rights-of-Way Protection Combining Zone:
33.2.3.1Railroad and accessory uses carried out by the applicable rail authority or successor entity, or licensee.
33.2.3.2Paved public roads, surfaced pedestrian walkways, bicycle paths; semi-improved recreational trails for walkers, bicyclists, and equestrians; and unimproved rural trails for hikers, mountain biking, and horse-riding, carried out by the applicable rail authority or successor entity, or licensee.
33.2.3.3Management and maintenance of trees, shrubs, and other plant life consistent with the Zoning Regulations and other applicable provisions of the Humboldt County Code.
33.2.3.4Incidental public service purposes, including, but not limited to, pipelines for water, sewer and natural gas utilities, electrical transmission and telecommunication lines.
33.2.4 Other Development. All development proposed on land designated Railroad Rights-of-Way Protection Combining Zone on the Zoning Maps other than the compatible uses described in Section 314-33.2.3 shall be sited and designed to protect these areas from activities that may interfere with the use of the rights-of-way for rail and other public transportation purposes and conducted in accordance with applicable law. Evidence that the development is sited and designed to protect the rights-of-way for rail and other public transportation uses shall include, but not be limited to, license agreements between the proponent of the development and the applicable rail authority or successor entity.
33.2.5 Special Permit Required. Development, other than compatible uses identified in Section 314-33.2.3, may be approved in areas designated as Railroad Rights-of-Way Protection Combining Zone on the Zoning Maps upon approval of a special permit and may require approvals from other concerned agencies. Applications for special permits shall be referred to the Public Works Department for review and comment. (Ord. 2629, § 8, 6/11/2019) Your Selections
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33.1 R - RECREATION ¶
(See also, Recreation Combining Zone “X”)
The Recreation Combining Zone is intended to be combined with any principal zone in which the addition of recreational uses is desirable and will not be detrimental to the uses of the principal zone or of adjacent zones. The following regulations shall apply in any zone which is combined with a Recreation Combining Zone. (Former Sections INL#315-3.1; Added by Ord. 1741, Sec. 2, 7/8/76; Amended by Ord. 2166, Sec. 19, 4/7/98)
33.1.1 Principal Permitted Uses. ¶
33.1.1.1Uses allowed as Principal Permitted Uses within the Principal Zone. (Former Sections INL#315-3.1(a)(1); Added by Ord. 1741, Sec. 2, 7/8/76; Amended by Ord. 2166, Sec. 19, 4/7/98)
33.1.2 Uses Permitted With a Use Permit.
33.1.2.1Commercial recreation facilities. (Former Sections INL#315-3.1(b)(1); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.2.2Commercial uses compatible with recreational uses which in the opinion of the Planning Commission will not impair present and potential uses of the area. (Former Sections INL#315-3.1(b)(2); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.2.3Special occupancy parks for transient use. (Former Sections INL#315-3.1(b)(3); Added by Ord. 1741, Sec. 2, 7/8/76; Amended by Ord. 2166, Sec. 19, 4/7/98)
33.1.2.4Public stables and golf courses. (Former Sections INL#315-3.1(b)(4); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.2.5Recreational accommodations as defined in Section C: Index of Definitions of Language and Legal Terms. (Former Sections INL#315-3.1(b)(5); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.2.6Private noncommercial recreation facilities. (Former Sections INL#315-3.1(b)(6); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3 Other Regulations. ¶
33.1.3.1Minimum lot area - as established by the principal zone or five (5) acres, whichever is greater. (Former Sections INL#315-3.1(c) (1); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.2Minimum lot width - 300 feet. (Former Sections INL#315-3.1(c)(2); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.3Minimum yards - front, rear and side, fifty (50) feet. (Former Sections INL#315-3.1(c)(3); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.4Maximum building height - thirty-five (35) feet. (Former Sections INL#315-3.1(c)(4); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.5In addition to permitted uses, maximum ground coverage of the project site shall not exceed two (2) acres. (Former Sections INL#315-3.1(c)(5); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.6All uses as may be permitted on the project site shall by design, operation and management be mutually compatible and shall not be detrimental to any of the principal permitted uses allowed with adjacent zones. (Former Sections INL#315-3.1(c)(6); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.7Development along County roads may be allowed and conditioned upon road or related improvements, on or off-site, to reduce, to an acceptable level as determined by the Hearing officer, the impacts of the project upon the road and related improvements. (Former Sections INL#315-3.1(c)(7); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.8Within the TPZ, AE and AG Zone districts recreational use projects shall:
33.1.3.8.1Remain under the control of the owner of the agricultural or timber resource lands. (Former Sections INL#315-3.1(c)(8)(a); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.8.2Demonstrate that the project parcel has direct frontage on a public maintained road or a recorded access. (Former Sections INL#315-3.1(c)(8)(b); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.8.3Demonstrate that first consideration was given to locate the project on non-resource production lands, with second consideration given to locate the project on the least productive soils on the resource production lands. (Former Sections INL#3153.1(c)(8)(c); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.8.4Be conditioned, as part of the Use Permit process, to preclude future land division segregating the recreational use from the resource production areas. (Former Sections INL#315-3.1(c)(8)(d); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9Applications for Use Permits for the development of land in a Recreation Zone shall be accompanied by a plan of the development proposal. Such plan shall include graphic and written material as may be required to show:
33.1.3.9.1That the project location and the specific project site is suitable for the intended use. (Former Sections INL#315-3.1(c)(9)(a); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.2Topography of the land, contour intervals and drainage patterns. (Former Sections INL#315-3.1(c)(9)(b); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.3Proposed access, traffic and pedestrian ways, parking and easements. (Former Sections INL#315-3.1(c)(9)(b); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.4Water and wastewater systems. (Former Sections INL#315-3.1(c)(9)(d); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.5Areas, structures and facilities proposed for habitation, recreation and commercial uses. (Former Sections INL#315-3.1(c)(9) (e); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.6Proposed location of buildings on the land including all dimensions necessary to indicate size of structures, setback and yard areas. (Former Sections INL#315-3.1(c)(9)(f); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.7Proposed landscaping, fencing and screening, signing and outdoor lighting. (Former Sections INL#315-3.1(c)(9)(g); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.8Such other detailed elevations, plans and other information as may be necessary to adequately evaluate the proposed development. (Former Sections INL#315-3.1(c)(9)(h); Added by Ord. 1741, Sec. 2, 7/8/76)
33.2 RR – RAILROAD RIGHTS-OF-WAY PROTECTION
33.2.1 Purpose. The purpose of these provisions is to protect specified contiguous rail rights-of-way from development that may interfere with the use of the rights-of-way for rail and other public transportation uses.
33.2.2 Applicability. The Railroad Rights-of-Way Protection Combining Zone, indicated by “RR” on the Zoning Maps, shall apply to contiguous rail rights-of-way currently held by the North Coast Railroad Authority, and those along the former Annie and Mary Railroad rail corridor between Arcata and Blue Lake that are designated Railroad in the General Plan Land Use Element and as shown by a line symbol on the Circulation and Public Facilities Maps contained in General Plan Appendix F, Map Book.
33.2.3 Compatible Uses. The following uses are permitted within areas designated as a Railroad Rights-of-Way Protection Combining Zone:
33.2.3.1Railroad and accessory uses carried out by the applicable rail authority or successor entity, or licensee.
33.2.3.2Paved public roads, surfaced pedestrian walkways, bicycle paths; semi-improved recreational trails for walkers, bicyclists, and equestrians; and unimproved rural trails for hikers, mountain biking, and horse-riding, carried out by the applicable rail authority or successor entity, or licensee.
33.2.3.3Management and maintenance of trees, shrubs, and other plant life consistent with the Zoning Regulations and other applicable provisions of the Humboldt County Code.
33.2.3.4Incidental public service purposes, including, but not limited to, pipelines for water, sewer and natural gas utilities, electrical transmission and telecommunication lines.
33.2.4 Other Development. All development proposed on land designated Railroad Rights-of-Way Protection Combining Zone on the Zoning Maps other than the compatible uses described in Section 314-33.2.3 shall be sited and designed to protect these areas from activities that may interfere with the use of the rights-of-way for rail and other public transportation purposes and conducted in accordance with applicable law. Evidence that the development is sited and designed to protect the rights-of-way for rail and other public transportation uses shall include, but not be limited to, license agreements between the proponent of the development and the applicable rail authority or successor entity.
33.2.5 Special Permit Required. Development, other than compatible uses identified in Section 314-33.2.3, may be approved in areas designated as Railroad Rights-of-Way Protection Combining Zone on the Zoning Maps upon approval of a special permit and may require approvals from other concerned agencies. Applications for special permits shall be referred to the Public Works Department for review and comment. (Ord. 2629, § 8, 6/11/2019) Your Selections
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33.1 R - RECREATION ¶
(See also, Recreation Combining Zone “X”)
The Recreation Combining Zone is intended to be combined with any principal zone in which the addition of recreational uses is desirable and will not be detrimental to the uses of the principal zone or of adjacent zones. The following regulations shall apply in any zone which is combined with a Recreation Combining Zone. (Former Sections INL#315-3.1; Added by Ord. 1741, Sec. 2, 7/8/76; Amended by Ord. 2166, Sec. 19, 4/7/98)
33.1.1 Principal Permitted Uses. ¶
33.1.1.1Uses allowed as Principal Permitted Uses within the Principal Zone. (Former Sections INL#315-3.1(a)(1); Added by Ord. 1741, Sec. 2, 7/8/76; Amended by Ord. 2166, Sec. 19, 4/7/98)
33.1.2 Uses Permitted With a Use Permit.
33.1.2.1Commercial recreation facilities. (Former Sections INL#315-3.1(b)(1); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.2.2Commercial uses compatible with recreational uses which in the opinion of the Planning Commission will not impair present and potential uses of the area. (Former Sections INL#315-3.1(b)(2); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.2.3Special occupancy parks for transient use. (Former Sections INL#315-3.1(b)(3); Added by Ord. 1741, Sec. 2, 7/8/76; Amended by Ord. 2166, Sec. 19, 4/7/98)
33.1.2.4Public stables and golf courses. (Former Sections INL#315-3.1(b)(4); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.2.5Recreational accommodations as defined in Section C: Index of Definitions of Language and Legal Terms. (Former Sections INL#315-3.1(b)(5); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.2.6Private noncommercial recreation facilities. (Former Sections INL#315-3.1(b)(6); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3 Other Regulations. ¶
33.1.3.1Minimum lot area - as established by the principal zone or five (5) acres, whichever is greater. (Former Sections INL#315-3.1(c) (1); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.2Minimum lot width - 300 feet. (Former Sections INL#315-3.1(c)(2); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.3Minimum yards - front, rear and side, fifty (50) feet. (Former Sections INL#315-3.1(c)(3); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.4Maximum building height - thirty-five (35) feet. (Former Sections INL#315-3.1(c)(4); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.5In addition to permitted uses, maximum ground coverage of the project site shall not exceed two (2) acres. (Former Sections INL#315-3.1(c)(5); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.6All uses as may be permitted on the project site shall by design, operation and management be mutually compatible and shall not be detrimental to any of the principal permitted uses allowed with adjacent zones. (Former Sections INL#315-3.1(c)(6); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.7Development along County roads may be allowed and conditioned upon road or related improvements, on or off-site, to reduce, to an acceptable level as determined by the Hearing officer, the impacts of the project upon the road and related improvements. (Former Sections INL#315-3.1(c)(7); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.8Within the TPZ, AE and AG Zone districts recreational use projects shall:
33.1.3.8.1Remain under the control of the owner of the agricultural or timber resource lands. (Former Sections INL#315-3.1(c)(8)(a); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.8.2Demonstrate that the project parcel has direct frontage on a public maintained road or a recorded access. (Former Sections INL#315-3.1(c)(8)(b); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.8.3Demonstrate that first consideration was given to locate the project on non-resource production lands, with second consideration given to locate the project on the least productive soils on the resource production lands. (Former Sections INL#3153.1(c)(8)(c); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.8.4Be conditioned, as part of the Use Permit process, to preclude future land division segregating the recreational use from the resource production areas. (Former Sections INL#315-3.1(c)(8)(d); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9Applications for Use Permits for the development of land in a Recreation Zone shall be accompanied by a plan of the development proposal. Such plan shall include graphic and written material as may be required to show:
33.1.3.9.1That the project location and the specific project site is suitable for the intended use. (Former Sections INL#315-3.1(c)(9)(a); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.2Topography of the land, contour intervals and drainage patterns. (Former Sections INL#315-3.1(c)(9)(b); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.3Proposed access, traffic and pedestrian ways, parking and easements. (Former Sections INL#315-3.1(c)(9)(b); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.4Water and wastewater systems. (Former Sections INL#315-3.1(c)(9)(d); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.5Areas, structures and facilities proposed for habitation, recreation and commercial uses. (Former Sections INL#315-3.1(c)(9) (e); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.6Proposed location of buildings on the land including all dimensions necessary to indicate size of structures, setback and yard areas. (Former Sections INL#315-3.1(c)(9)(f); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.7Proposed landscaping, fencing and screening, signing and outdoor lighting. (Former Sections INL#315-3.1(c)(9)(g); Added by Ord. 1741, Sec. 2, 7/8/76)
33.1.3.9.8Such other detailed elevations, plans and other information as may be necessary to adequately evaluate the proposed development. (Former Sections INL#315-3.1(c)(9)(h); Added by Ord. 1741, Sec. 2, 7/8/76)
33.2 RR – RAILROAD RIGHTS-OF-WAY PROTECTION
33.2.1 Purpose. The purpose of these provisions is to protect specified contiguous rail rights-of-way from development that may interfere with the use of the rights-of-way for rail and other public transportation uses.
33.2.2 Applicability. The Railroad Rights-of-Way Protection Combining Zone, indicated by “RR” on the Zoning Maps, shall apply to contiguous rail rights-of-way currently held by the North Coast Railroad Authority, and those along the former Annie and Mary Railroad rail corridor between Arcata and Blue Lake that are designated Railroad in the General Plan Land Use Element and as shown by a line symbol on the Circulation and Public Facilities Maps contained in General Plan Appendix F, Map Book.
33.2.3 Compatible Uses. The following uses are permitted within areas designated as a Railroad Rights-of-Way Protection Combining Zone:
33.2.3.1Railroad and accessory uses carried out by the applicable rail authority or successor entity, or licensee.
33.2.3.2Paved public roads, surfaced pedestrian walkways, bicycle paths; semi-improved recreational trails for walkers, bicyclists, and equestrians; and unimproved rural trails for hikers, mountain biking, and horse-riding, carried out by the applicable rail authority or successor entity, or licensee.
33.2.3.3Management and maintenance of trees, shrubs, and other plant life consistent with the Zoning Regulations and other applicable provisions of the Humboldt County Code.
33.2.3.4Incidental public service purposes, including, but not limited to, pipelines for water, sewer and natural gas utilities, electrical transmission and telecommunication lines.
33.2.4 Other Development. All development proposed on land designated Railroad Rights-of-Way Protection Combining Zone on the Zoning Maps other than the compatible uses described in Section 314-33.2.3 shall be sited and designed to protect these areas from activities that may interfere with the use of the rights-of-way for rail and other public transportation purposes and conducted in accordance with applicable law. Evidence that the development is sited and designed to protect the rights-of-way for rail and other public transportation uses shall include, but not be limited to, license agreements between the proponent of the development and the applicable rail authority or successor entity.
33.2.5 Special Permit Required. Development, other than compatible uses identified in Section 314-33.2.3, may be approved in areas designated as Railroad Rights-of-Way Protection Combining Zone on the Zoning Maps upon approval of a special permit and may require approvals from other concerned agencies. Applications for special permits shall be referred to the Public Works Department for review and comment. (Ord. 2629, § 8, 6/11/2019) Your Selections
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34.1 S - DEVELOPMENT STANDARD COMBINING ZONE ¶
34.1.1 Title and Purpose. The provisions of this section shall be known as the Development Standard Combining Zone Regulations. The Development Standard Combining Zone Regulations are intended to allow modification of the specific development standards in the principal zones to more precisely implement the General Plan. (Former Section INL#315-9(a))
34.1.2 Applicability. The County Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may include the Development Standard Combining Zone with any principal Zone. In including the Development Standard Combining Zone with a principal zone, the Board of Supervisors may modify any or all of the following development standards: (Former Section INL#315-9(b)(1-8))
34.1.2.1Minimum Lot size
34.1.2.2Minimum Average Lot Size
34.1.2.3Minimum Lot Width
34.1.2.4Maximum Lot Depth
34.1.2.5Minimum Yard Setbacks
34.1.2.6Maximum Ground Coverage
34.1.2.7Maximum Building Height
34.1.2.8Permitted Principal Building Types
34.1.3 Limitations to Modifying Development Standards. Modifications of development standards are subject to the following limitations: (Former Section INL#315-9(c)(1-3))
34.1.3.1Minimum Lot Size shall not be modified below 5,000 square feet.
34.1.3.2Minimum Lot Width shall not be modified below 50 feet.
34.1.3.3Principal Zones may be modified to allow manufactured homes as a permitted building type only when the zoning district to be modified will include a minimum area of four (4) acres or four (4) city blocks.
34.1.4 Map Designation. ¶
34.1.4.1 When Combined With a Principal Zone, the Development. Standard Combining Zone shall be designated on the adopted zoning maps by the designation “S,” except as provided herein. (Former Section INL#315-9(d))
34.1.4.2The “S” designation shall immediately follow the principal zone designation, or, where applicable, shall immediately follow the maximum density designation. (Former Section INL#315-9(d))
34.1.4.3The development standards that are modified shall also be represented on the adopted zoning maps in a table format in the order listed in this Section. Arabic numerals shall be used in the table to specify all modified development standards, except for permitted principal building types. Permitted building types shall be represented by name in the table. Minimum Lot Size shall be represented by a number which represents thousands of square feet, followed by the lower case letter “s”; or by a number which represents numbers of acres, followed by the lower case “a”, whichever is appropriate. For example, RS7.5s would require a minimum lot size of 7500 square feet. (Former Section INL#315-9(d))
34.2 SM - DEVELOPMENT STANDARD COMBINING ZONE
(See also, Combining Zone “M”)
34.2.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designations shall be used as applicable: (Former Section INL#315-9(e))
34.2.1.1SM - where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section INL#315-9(e)(1))
34.2.1.2See also, the subsection, Special Combining Zone “M” where the development standards are modified for the sole purpose of allowing manufactured homes. (Former Section INL#315-9(e)(2))
34.3 SY - DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Combining Zone “Y”)
34.3.1Special Representation for Minimum Lot Size where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(g))
34.3.1.1SY - where development standards in addition to the minimum lot size are modified. (Former Section INL#315-9(g)(1))
34.3.1.2SY(x) - Minimum lot size specifications on the zoning maps where the “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate SY(x) or Y(x) parcel size designation shall be required, and, as necessary, other enforceable restrictions shall be required to maintain consistency with the General Plan. (Former Section INL#315-9(g)(3))
34.4 SZ - DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Combining Zone “Z”)
34.4.1Special Representation for Minimum Lot Size Where No Further subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone to prohibit further subdivisions of any lots within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(f))
34.4.1.3SZ- where development standards in addition to the minimum lot size are modified. (Former Section INL#315-9(f)(1))
34.4.1.2See also, the subsection, Combining Zone “Z” where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone. Your Selections
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34.1 S - DEVELOPMENT STANDARD COMBINING ZONE ¶
34.1.1 Title and Purpose. The provisions of this section shall be known as the Development Standard Combining Zone Regulations. The Development Standard Combining Zone Regulations are intended to allow modification of the specific development standards in the principal zones to more precisely implement the General Plan. (Former Section INL#315-9(a))
34.1.2 Applicability. The County Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may include the Development Standard Combining Zone with any principal Zone. In including the Development Standard Combining Zone with a principal zone, the Board of Supervisors may modify any or all of the following development standards: (Former Section INL#315-9(b)(1-8))
34.1.2.1Minimum Lot size
34.1.2.2Minimum Average Lot Size
34.1.2.3Minimum Lot Width
34.1.2.4Maximum Lot Depth
34.1.2.5Minimum Yard Setbacks
34.1.2.6Maximum Ground Coverage
34.1.2.7Maximum Building Height
34.1.2.8Permitted Principal Building Types
34.1.3 Limitations to Modifying Development Standards. Modifications of development standards are subject to the following limitations: (Former Section INL#315-9(c)(1-3))
34.1.3.1Minimum Lot Size shall not be modified below 5,000 square feet.
34.1.3.2Minimum Lot Width shall not be modified below 50 feet.
34.1.3.3Principal Zones may be modified to allow manufactured homes as a permitted building type only when the zoning district to be modified will include a minimum area of four (4) acres or four (4) city blocks.
34.1.4 Map Designation. ¶
34.1.4.1 When Combined With a Principal Zone, the Development. Standard Combining Zone shall be designated on the adopted zoning maps by the designation “S,” except as provided herein. (Former Section INL#315-9(d))
34.1.4.2The “S” designation shall immediately follow the principal zone designation, or, where applicable, shall immediately follow the maximum density designation. (Former Section INL#315-9(d))
34.1.4.3The development standards that are modified shall also be represented on the adopted zoning maps in a table format in the order listed in this Section. Arabic numerals shall be used in the table to specify all modified development standards, except for permitted principal building types. Permitted building types shall be represented by name in the table. Minimum Lot Size shall be represented by a number which represents thousands of square feet, followed by the lower case letter “s”; or by a number which represents numbers of acres, followed by the lower case “a”, whichever is appropriate. For example, RS7.5s would require a minimum lot size of 7500 square feet. (Former Section INL#315-9(d))
34.2 SM - DEVELOPMENT STANDARD COMBINING ZONE
(See also, Combining Zone “M”)
34.2.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designations shall be used as applicable: (Former Section INL#315-9(e))
34.2.1.1SM - where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section INL#315-9(e)(1))
34.2.1.2See also, the subsection, Special Combining Zone “M” where the development standards are modified for the sole purpose of allowing manufactured homes. (Former Section INL#315-9(e)(2))
34.3 SY - DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Combining Zone “Y”)
34.3.1Special Representation for Minimum Lot Size where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(g))
34.3.1.1SY - where development standards in addition to the minimum lot size are modified. (Former Section INL#315-9(g)(1))
34.3.1.2SY(x) - Minimum lot size specifications on the zoning maps where the “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate SY(x) or Y(x) parcel size designation shall be required, and, as necessary, other enforceable restrictions shall be required to maintain consistency with the General Plan. (Former Section INL#315-9(g)(3))
34.4 SZ - DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Combining Zone “Z”)
34.4.1Special Representation for Minimum Lot Size Where No Further subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone to prohibit further subdivisions of any lots within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(f))
34.4.1.3SZ- where development standards in addition to the minimum lot size are modified. (Former Section INL#315-9(f)(1))
34.4.1.2See also, the subsection, Combining Zone “Z” where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone. Your Selections
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34.1 S - DEVELOPMENT STANDARD COMBINING ZONE ¶
34.1.1 Title and Purpose. The provisions of this section shall be known as the Development Standard Combining Zone Regulations. The Development Standard Combining Zone Regulations are intended to allow modification of the specific development standards in the principal zones to more precisely implement the General Plan. (Former Section INL#315-9(a))
34.1.2 Applicability. The County Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may include the Development Standard Combining Zone with any principal Zone. In including the Development Standard Combining Zone with a principal zone, the Board of Supervisors may modify any or all of the following development standards: (Former Section INL#315-9(b)(1-8))
34.1.2.1Minimum Lot size
34.1.2.2Minimum Average Lot Size
34.1.2.3Minimum Lot Width
34.1.2.4Maximum Lot Depth
34.1.2.5Minimum Yard Setbacks
34.1.2.6Maximum Ground Coverage
34.1.2.7Maximum Building Height
34.1.2.8Permitted Principal Building Types
34.1.3 Limitations to Modifying Development Standards. Modifications of development standards are subject to the following limitations: (Former Section INL#315-9(c)(1-3))
34.1.3.1Minimum Lot Size shall not be modified below 5,000 square feet.
34.1.3.2Minimum Lot Width shall not be modified below 50 feet.
34.1.3.3Principal Zones may be modified to allow manufactured homes as a permitted building type only when the zoning district to be modified will include a minimum area of four (4) acres or four (4) city blocks.
34.1.4 Map Designation. ¶
34.1.4.1 When Combined With a Principal Zone, the Development. Standard Combining Zone shall be designated on the adopted zoning maps by the designation “S,” except as provided herein. (Former Section INL#315-9(d))
34.1.4.2The “S” designation shall immediately follow the principal zone designation, or, where applicable, shall immediately follow the maximum density designation. (Former Section INL#315-9(d))
34.1.4.3The development standards that are modified shall also be represented on the adopted zoning maps in a table format in the order listed in this Section. Arabic numerals shall be used in the table to specify all modified development standards, except for permitted principal building types. Permitted building types shall be represented by name in the table. Minimum Lot Size shall be represented by a number which represents thousands of square feet, followed by the lower case letter “s”; or by a number which represents numbers of acres, followed by the lower case “a”, whichever is appropriate. For example, RS7.5s would require a minimum lot size of 7500 square feet. (Former Section INL#315-9(d))
34.2 SM - DEVELOPMENT STANDARD COMBINING ZONE
(See also, Combining Zone “M”)
34.2.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designations shall be used as applicable: (Former Section INL#315-9(e))
34.2.1.1SM - where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section INL#315-9(e)(1))
34.2.1.2See also, the subsection, Special Combining Zone “M” where the development standards are modified for the sole purpose of allowing manufactured homes. (Former Section INL#315-9(e)(2))
34.3 SY - DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Combining Zone “Y”)
34.3.1Special Representation for Minimum Lot Size where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(g))
34.3.1.1SY - where development standards in addition to the minimum lot size are modified. (Former Section INL#315-9(g)(1))
34.3.1.2SY(x) - Minimum lot size specifications on the zoning maps where the “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate SY(x) or Y(x) parcel size designation shall be required, and, as necessary, other enforceable restrictions shall be required to maintain consistency with the General Plan. (Former Section INL#315-9(g)(3))
34.4 SZ - DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Combining Zone “Z”)
34.4.1Special Representation for Minimum Lot Size Where No Further subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone to prohibit further subdivisions of any lots within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(f))
34.4.1.3SZ- where development standards in addition to the minimum lot size are modified. (Former Section INL#315-9(f)(1))
34.4.1.2See also, the subsection, Combining Zone “Z” where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone. Your Selections
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34.1 S - DEVELOPMENT STANDARD COMBINING ZONE ¶
34.1.1 Title and Purpose. The provisions of this section shall be known as the Development Standard Combining Zone Regulations. The Development Standard Combining Zone Regulations are intended to allow modification of the specific development standards in the principal zones to more precisely implement the General Plan. (Former Section INL#315-9(a))
34.1.2 Applicability. The County Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may include the Development Standard Combining Zone with any principal Zone. In including the Development Standard Combining Zone with a principal zone, the Board of Supervisors may modify any or all of the following development standards: (Former Section INL#315-9(b)(1-8))
34.1.2.1Minimum Lot size
34.1.2.2Minimum Average Lot Size
34.1.2.3Minimum Lot Width
34.1.2.4Maximum Lot Depth
34.1.2.5Minimum Yard Setbacks
34.1.2.6Maximum Ground Coverage
34.1.2.7Maximum Building Height
34.1.2.8Permitted Principal Building Types
34.1.3 Limitations to Modifying Development Standards. Modifications of development standards are subject to the following limitations: (Former Section INL#315-9(c)(1-3))
34.1.3.1Minimum Lot Size shall not be modified below 5,000 square feet.
34.1.3.2Minimum Lot Width shall not be modified below 50 feet.
34.1.3.3Principal Zones may be modified to allow manufactured homes as a permitted building type only when the zoning district to be modified will include a minimum area of four (4) acres or four (4) city blocks.
34.1.4 Map Designation. ¶
34.1.4.1 When Combined With a Principal Zone, the Development. Standard Combining Zone shall be designated on the adopted zoning maps by the designation “S,” except as provided herein. (Former Section INL#315-9(d))
34.1.4.2The “S” designation shall immediately follow the principal zone designation, or, where applicable, shall immediately follow the maximum density designation. (Former Section INL#315-9(d))
34.1.4.3The development standards that are modified shall also be represented on the adopted zoning maps in a table format in the order listed in this Section. Arabic numerals shall be used in the table to specify all modified development standards, except for permitted principal building types. Permitted building types shall be represented by name in the table. Minimum Lot Size shall be represented by a number which represents thousands of square feet, followed by the lower case letter “s”; or by a number which represents numbers of acres, followed by the lower case “a”, whichever is appropriate. For example, RS7.5s would require a minimum lot size of 7500 square feet. (Former Section INL#315-9(d))
34.2 SM - DEVELOPMENT STANDARD COMBINING ZONE
(See also, Combining Zone “M”)
34.2.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designations shall be used as applicable: (Former Section INL#315-9(e))
34.2.1.1SM - where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section INL#315-9(e)(1))
34.2.1.2See also, the subsection, Special Combining Zone “M” where the development standards are modified for the sole purpose of allowing manufactured homes. (Former Section INL#315-9(e)(2))
34.3 SY - DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Combining Zone “Y”)
34.3.1Special Representation for Minimum Lot Size where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(g))
34.3.1.1SY - where development standards in addition to the minimum lot size are modified. (Former Section INL#315-9(g)(1))
34.3.1.2SY(x) - Minimum lot size specifications on the zoning maps where the “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate SY(x) or Y(x) parcel size designation shall be required, and, as necessary, other enforceable restrictions shall be required to maintain consistency with the General Plan. (Former Section INL#315-9(g)(3))
34.4 SZ - DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Combining Zone “Z”)
34.4.1Special Representation for Minimum Lot Size Where No Further subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone to prohibit further subdivisions of any lots within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(f))
34.4.1.3SZ- where development standards in addition to the minimum lot size are modified. (Former Section INL#315-9(f)(1))
34.4.1.2See also, the subsection, Combining Zone “Z” where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone. Your Selections
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34.1 S - DEVELOPMENT STANDARD COMBINING ZONE ¶
34.1.1 Title and Purpose. The provisions of this section shall be known as the Development Standard Combining Zone Regulations. The Development Standard Combining Zone Regulations are intended to allow modification of the specific development standards in the principal zones to more precisely implement the General Plan. (Former Section INL#315-9(a))
34.1.2 Applicability. The County Board of Supervisors, in approving a zone reclassification as allowed by Chapter 2 of this division, may include the Development Standard Combining Zone with any principal Zone. In including the Development Standard Combining Zone with a principal zone, the Board of Supervisors may modify any or all of the following development standards: (Former Section INL#315-9(b)(1-8))
34.1.2.1Minimum Lot size
34.1.2.2Minimum Average Lot Size
34.1.2.3Minimum Lot Width
34.1.2.4Maximum Lot Depth
34.1.2.5Minimum Yard Setbacks
34.1.2.6Maximum Ground Coverage
34.1.2.7Maximum Building Height
34.1.2.8Permitted Principal Building Types
34.1.3 Limitations to Modifying Development Standards. Modifications of development standards are subject to the following limitations: (Former Section INL#315-9(c)(1-3))
34.1.3.1Minimum Lot Size shall not be modified below 5,000 square feet.
34.1.3.2Minimum Lot Width shall not be modified below 50 feet.
34.1.3.3Principal Zones may be modified to allow manufactured homes as a permitted building type only when the zoning district to be modified will include a minimum area of four (4) acres or four (4) city blocks.
34.1.4 Map Designation. ¶
34.1.4.1 When Combined With a Principal Zone, the Development. Standard Combining Zone shall be designated on the adopted zoning maps by the designation “S,” except as provided herein. (Former Section INL#315-9(d))
34.1.4.2The “S” designation shall immediately follow the principal zone designation, or, where applicable, shall immediately follow the maximum density designation. (Former Section INL#315-9(d))
34.1.4.3The development standards that are modified shall also be represented on the adopted zoning maps in a table format in the order listed in this Section. Arabic numerals shall be used in the table to specify all modified development standards, except for permitted principal building types. Permitted building types shall be represented by name in the table. Minimum Lot Size shall be represented by a number which represents thousands of square feet, followed by the lower case letter “s”; or by a number which represents numbers of acres, followed by the lower case “a”, whichever is appropriate. For example, RS7.5s would require a minimum lot size of 7500 square feet. (Former Section INL#315-9(d))
34.2 SM - DEVELOPMENT STANDARD COMBINING ZONE
(See also, Combining Zone “M”)
34.2.1 Special Designation for Manufactured Home Building Type Modifications. Whenever the Development Standard Combining Zone is used to modify a principal zone to allow manufactured homes as permitted building types, the following designations shall be used as applicable: (Former Section INL#315-9(e))
34.2.1.1SM - where development standards in addition to the Manufactured Homes Building Type are modified. (Former Section INL#315-9(e)(1))
34.2.1.2See also, the subsection, Special Combining Zone “M” where the development standards are modified for the sole purpose of allowing manufactured homes. (Former Section INL#315-9(e)(2))
34.3 SY - DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Combining Zone “Y”)
34.3.1Special Representation for Minimum Lot Size where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(g))
34.3.1.1SY - where development standards in addition to the minimum lot size are modified. (Former Section INL#315-9(g)(1))
34.3.1.2SY(x) - Minimum lot size specifications on the zoning maps where the “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate SY(x) or Y(x) parcel size designation shall be required, and, as necessary, other enforceable restrictions shall be required to maintain consistency with the General Plan. (Former Section INL#315-9(g)(3))
34.4 SZ - DEVELOPMENT STANDARD COMBINING ZONE ¶
(See also, Combining Zone “Z”)
34.4.1Special Representation for Minimum Lot Size Where No Further subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone to prohibit further subdivisions of any lots within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(f))
34.4.1.3SZ- where development standards in addition to the minimum lot size are modified. (Former Section INL#315-9(f)(1))
34.4.1.2See also, the subsection, Combining Zone “Z” where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone. Your Selections
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35.1 T - MANUFACTURED HOME COMBINING ZONE ¶
The Manufactured Home Combining Zone is intended to be combined with any Residential (RS, R-1, R-2, R-3, R-4) Zone in which the location of manufactured homes is architecturally compatible with the existing development. The minimum land area to which a T Zone may be applied shall be four (4) acres or four (4) city blocks. The following regulations shall apply in the zone with which it is combined: (Former Section INL#315-7; Ord. 519, Sec. 530, 5/11/65; as added by Ord. 697, Sec. 2, 11/4/69; Ord. 1086, Sec. 16, 7/13/76
35.1.1 Principal Permitted Uses. ¶
35.1.1.1All principal permitted uses for the zone with which it is combined. (Former Section INL#315-7(a)(1))
35.1.1.2Manufactured home when used in lieu of dwelling as provided in principal zone. (Former Section INL#315-7(a)(2))
35.1.2 Other Regulations.
35.1.2.1Manufactured homes shall be completely enclosed at the ground level by suitable skirting or screening. (Former Section INL#315-7(b)(1))
35.1.2.2Adequate outdoor enclosure for miscellaneous material, supplies and storage. (Former Section INL#315-7(b)(2))
35.1.2.3Property shall be landscaped or maintained with attractive natural vegetation. (Former Section INL#315-7(b)(3))
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35.1 T - MANUFACTURED HOME COMBINING ZONE ¶
The Manufactured Home Combining Zone is intended to be combined with any Residential (RS, R-1, R-2, R-3, R-4) Zone in which the location of manufactured homes is architecturally compatible with the existing development. The minimum land area to which a T Zone may be applied shall be four (4) acres or four (4) city blocks. The following regulations shall apply in the zone with which it is combined: (Former Section INL#315-7; Ord. 519, Sec. 530, 5/11/65; as added by Ord. 697, Sec. 2, 11/4/69; Ord. 1086, Sec. 16, 7/13/76
35.1.1 Principal Permitted Uses. ¶
35.1.1.1All principal permitted uses for the zone with which it is combined. (Former Section INL#315-7(a)(1))
35.1.1.2Manufactured home when used in lieu of dwelling as provided in principal zone. (Former Section INL#315-7(a)(2))
35.1.2 Other Regulations.
35.1.2.1Manufactured homes shall be completely enclosed at the ground level by suitable skirting or screening. (Former Section INL#315-7(b)(1))
35.1.2.2Adequate outdoor enclosure for miscellaneous material, supplies and storage. (Former Section INL#315-7(b)(2))
35.1.2.3Property shall be landscaped or maintained with attractive natural vegetation. (Former Section INL#315-7(b)(3))
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(Section Reserved for Future Use)
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38.1 WR - STREAMSIDE MANAGEMENT AREAS AND WETLANDS ¶
38.1 PURPOSE ¶
The purpose of these provisions is to assist in the application of minimum standards pertaining to the use and development of land located within streamside management areas, wetlands, and other wet areas.
38.2 APPLICABILITY ¶
The Streamside Management Areas and Wetlands Combining Zone, indicated by “WR” on the Zoning Maps, shall apply to streamside management areas, wetlands, and other wet areas as defined by the Streamside Management Areas Ordinance Section 314-61.1.
38.3 MODIFICATIONS IMPOSED BY THE STREAMSIDE MANAGEMENT AREAS AND WETLANDS COMBINING ZONE ¶
The provisions of the Streamside Management Areas Ordinance shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. (Ord. 2285, § 4, 12/10/2002)
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38.1 WR - STREAMSIDE MANAGEMENT AREAS AND WETLANDS ¶
38.1 PURPOSE ¶
The purpose of these provisions is to assist in the application of minimum standards pertaining to the use and development of land located within streamside management areas, wetlands, and other wet areas.
38.2 APPLICABILITY ¶
The Streamside Management Areas and Wetlands Combining Zone, indicated by “WR” on the Zoning Maps, shall apply to streamside management areas, wetlands, and other wet areas as defined by the Streamside Management Areas Ordinance Section 314-61.1.
38.3 MODIFICATIONS IMPOSED BY THE STREAMSIDE MANAGEMENT AREAS AND WETLANDS COMBINING ZONE ¶
The provisions of the Streamside Management Areas Ordinance shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. (Ord. 2285, § 4, 12/10/2002)
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38.1 WR - STREAMSIDE MANAGEMENT AREAS AND WETLANDS ¶
38.1 PURPOSE ¶
The purpose of these provisions is to assist in the application of minimum standards pertaining to the use and development of land located within streamside management areas, wetlands, and other wet areas.
38.2 APPLICABILITY ¶
The Streamside Management Areas and Wetlands Combining Zone, indicated by “WR” on the Zoning Maps, shall apply to streamside management areas, wetlands, and other wet areas as defined by the Streamside Management Areas Ordinance Section 314-61.1.
38.3 MODIFICATIONS IMPOSED BY THE STREAMSIDE MANAGEMENT AREAS AND WETLANDS COMBINING ZONE ¶
The provisions of the Streamside Management Areas Ordinance shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. (Ord. 2285, § 4, 12/10/2002)
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38.1 WR - STREAMSIDE MANAGEMENT AREAS AND WETLANDS ¶
38.1 PURPOSE ¶
The purpose of these provisions is to assist in the application of minimum standards pertaining to the use and development of land located within streamside management areas, wetlands, and other wet areas.
38.2 APPLICABILITY ¶
The Streamside Management Areas and Wetlands Combining Zone, indicated by “WR” on the Zoning Maps, shall apply to streamside management areas, wetlands, and other wet areas as defined by the Streamside Management Areas Ordinance Section 314-61.1.
38.3 MODIFICATIONS IMPOSED BY THE STREAMSIDE MANAGEMENT AREAS AND WETLANDS COMBINING ZONE ¶
The provisions of the Streamside Management Areas Ordinance shall apply in addition to regulations imposed by the principal zone, development regulations, and other special area combining regulations. (Ord. 2285, § 4, 12/10/2002)
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39.1 X - RECREATION ¶
(See also, Recreation Combining Zone “R”)
The Recreation Combining or X Zone is intended to be combined with any principal zone in which the addition of recreational uses will not be detrimental to the uses of the principal zone or of contiguous zones. The following regulations shall apply in any zone with which is combined a Recreation Combining or X Zone. (Former Sections INL#315-3; Ord. 519, Sec. 510, 5/11/65; Amended by Ord. 2166, Sec. 18, 4/7/98)
39.1.1 Principal Permitted Uses.
39.1.1.1Public and private noncommercial recreation facilities. (Former Sections INL#315-3(a)(1); Ord. 519, Sec. 510, 5/11/65)
39.1.1.2General agriculture and roadside stands. (Former Sections INL#315-3(a)(2); Ord. 519, Sec. 510, 5/11/65)
39.1.1.3Dwellings and offices incidental to any permitted use, but not including labor camps and labor supply camps. (Former Sections INL#315-3(a)(3); Ord. 519, Sec. 510, 5/11/65)
39.1.1.4Manufactured home parks and special occupancy parks. (Former Sections INL#315-3(a)(4); Ord. 519, Sec. 510, 5/11/65; Amended by Ord. 2166, Sec. 18, 4/7/98)
39.1.2 Uses Permitted With a Use Permit.
39.1.2.1Commercial recreation facilities. (Former Sections INL#315-3(b)(1); Ord. 519, Sec. 510, 5/11/65)
39.1.2.2Commercial uses compatible with recreational uses which in the opinion of the Planning Commission will not impair present and potential uses of the area. (Former Sections INL#315-3(b)(2); Ord. 519, Sec. 510, 5/11/65)
39.1.3 Other Regulations. ¶
39.1.3.1Minimum lot area - five (5) acres. (Former Sections INL#315-3(c)(1); Ord. 519, Sec. 510, 5/11/65)
39.1.3.2Minimum lot width - 300 feet. (Former Sections INL#315-3(c)(2); Ord. 519, Sec. 510, 5/11/65)
39.1.3.3Minimum yards - front, rear and side, fifty (50) feet. (Former Sections INL#315-3(c)(3); Ord. 519, Sec. 510, 5/11/65)
39.1.3.4Maximum building height - thirty (30) feet. (Former Sections INL#315-3(c)(4); Ord. 519, Sec. 510, 5/11/65)
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39.1 X - RECREATION ¶
(See also, Recreation Combining Zone “R”)
The Recreation Combining or X Zone is intended to be combined with any principal zone in which the addition of recreational uses will not be detrimental to the uses of the principal zone or of contiguous zones. The following regulations shall apply in any zone with which is combined a Recreation Combining or X Zone. (Former Sections INL#315-3; Ord. 519, Sec. 510, 5/11/65; Amended by Ord. 2166, Sec. 18, 4/7/98)
39.1.1 Principal Permitted Uses.
39.1.1.1Public and private noncommercial recreation facilities. (Former Sections INL#315-3(a)(1); Ord. 519, Sec. 510, 5/11/65)
39.1.1.2General agriculture and roadside stands. (Former Sections INL#315-3(a)(2); Ord. 519, Sec. 510, 5/11/65)
39.1.1.3Dwellings and offices incidental to any permitted use, but not including labor camps and labor supply camps. (Former Sections INL#315-3(a)(3); Ord. 519, Sec. 510, 5/11/65)
39.1.1.4Manufactured home parks and special occupancy parks. (Former Sections INL#315-3(a)(4); Ord. 519, Sec. 510, 5/11/65; Amended by Ord. 2166, Sec. 18, 4/7/98)
39.1.2 Uses Permitted With a Use Permit.
39.1.2.1Commercial recreation facilities. (Former Sections INL#315-3(b)(1); Ord. 519, Sec. 510, 5/11/65)
39.1.2.2Commercial uses compatible with recreational uses which in the opinion of the Planning Commission will not impair present and potential uses of the area. (Former Sections INL#315-3(b)(2); Ord. 519, Sec. 510, 5/11/65)
39.1.3 Other Regulations. ¶
39.1.3.1Minimum lot area - five (5) acres. (Former Sections INL#315-3(c)(1); Ord. 519, Sec. 510, 5/11/65)
39.1.3.2Minimum lot width - 300 feet. (Former Sections INL#315-3(c)(2); Ord. 519, Sec. 510, 5/11/65)
39.1.3.3Minimum yards - front, rear and side, fifty (50) feet. (Former Sections INL#315-3(c)(3); Ord. 519, Sec. 510, 5/11/65)
39.1.3.4Maximum building height - thirty (30) feet. (Former Sections INL#315-3(c)(4); Ord. 519, Sec. 510, 5/11/65)
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40.1 Y - SPECIFIED MINIMUM AND AVERAGE LOT SIZE ¶
(See also, Combining Zone “SY”)
40.1.1 Special Representation for Minimum Lot Size where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(g))
40.1.1.1Y - where the development standards are modified for the sole purpose of specifying a minimum lot size and minimum average-lot size. (Former Section INL#315-9(g)(2))
40.1.1.2Y(x) - Minimum lot size specifications on the zoning maps where the “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate Y(x) parcel size designation shall be required, and, as necessary, other enforceable restrictions shall be required to maintain consistency with the General Plan. (Former Section INL#315-9(g)(3))
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40.1 Y - SPECIFIED MINIMUM AND AVERAGE LOT SIZE ¶
(See also, Combining Zone “SY”)
40.1.1 Special Representation for Minimum Lot Size where a Minimum Lot Size and Minimum Average Lot Size are Both Specified. Whenever the Development Standard Combining Zone is used to modify the principal zone to specify a minimum lot size and a minimum average-lot size that must be maintained in subdividing any lot within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(g))
40.1.1.1Y - where the development standards are modified for the sole purpose of specifying a minimum lot size and minimum average-lot size. (Former Section INL#315-9(g)(2))
40.1.1.2Y(x) - Minimum lot size specifications on the zoning maps where the “x” indicates the minimum lot size, and where the subdivision of any parcel results in a density consistent with the General Plan. As part of the subdivision action, a rezone to the appropriate Y(x) parcel size designation shall be required, and, as necessary, other enforceable restrictions shall be required to maintain consistency with the General Plan. (Former Section INL#315-9(g)(3))
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41.1 Z - NO FURTHER SUBDIVISION ALLOWED
(See also, Combining Zone “SZ”)
41.1.1 Special Representation for Minimum Lot Size Where No Further subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone to prohibit further subdivisions of any lots within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(f))
41.1.1.1Z - where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone.
41.1.1.2When the Z designation is used, the minimum lot size shall not be listed in the table format. (Former Section INL#315-9(f)(2))
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41.1 Z - NO FURTHER SUBDIVISION ALLOWED
(See also, Combining Zone “SZ”)
41.1.1 Special Representation for Minimum Lot Size Where No Further subdivisions are Permitted. Whenever the Development Standard Combining Zone is used to modify the principal zone to prohibit further subdivisions of any lots within the zone, the following designations shall be used as applicable: (Former Section INL#315-9(f))
41.1.1.1Z - where the development standards are modified for the sole purpose of prohibiting further subdivisions of any lots within the zone.
41.1.1.2When the Z designation is used, the minimum lot size shall not be listed in the table format. (Former Section INL#315-9(f)(2))
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42.1 APPLICABILITY ¶
Each and every zone shall be subject to the provisions of this chapter in addition to the requirements and regulations set out in each of the zone regulations. (Former Section INL#316-1, Ord. 519, Sec. 601, 5/11/65)
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42.1 APPLICABILITY ¶
Each and every zone shall be subject to the provisions of this chapter in addition to the requirements and regulations set out in each of the zone regulations. (Former Section INL#316-1, Ord. 519, Sec. 601, 5/11/65)
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43.1 ACCESSORY USES ¶
43.1.1Accessory uses as defined in this Code shall be permitted as appurtenant to any permitted use without the necessity of securing a Special Permit or Use Permit, unless particularly provided in this chapter, provided that no accessory building shall be erected and no accessory use shall be conducted on any property in any Unclassified (U) Zone where the General Plan designates the area for residential development or in any Residential (RS, R-1, R-2, R-3, R-4) Zone, unless and until the main building is erected and occupied, or until a Special Permit is secured. (Former Section INL#316-2; Ord. 1623 Sec. 1, 12/13/83; Amended by Ord. 1726, Sec. 1, 3/4/86)
43.1.2 Permitted Residential Accessory Uses. ¶
43.1.2.1 Community Care Facilities. Community Care Facilities are a residential use of property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such uses are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter; “Family Day Care Home” and “Family Day Care Center”.) (Former Section INL#316-5.1; Added by Ord. 1842, Sec. 8, 8/16/88)
43.1.2.2 Family Day Care Center. A Family Day Care Center serving more than twelve (12) children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. A conditional use permit shall be required to establish such uses in residential zones. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Home”.) (Former Section INL#316-5.2; Added by Ord. 1842 Sec. 9, 8/16/88)
43.1.2.3 Family Day Care Home. A Family Day Care Home serving twelve (12) or fewer children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such services are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Center”.) (Former Section INL#316-5.3; Added by Ord. 1842 Sec. 10, 8/16/88)
43.1.3 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (AG) - Agriculture General, and (TPZ) Timber Production Zones: (See also, Permitted Agricultural Accessory Structures, Section 314 69.1) (Former Section INL#316-2.1; Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.1Windmills, not including windmills that produce energy for export off of the ranch or farm; (Former Section INL#316-2.1(1); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.2Greenhouses which do not result in lot coverage exceeding 5 acres on lots 20 acres or larger in size, or exceeding 25% of the lot coverage for lots less than 20 acres in size, either individually or collectively, with or without a perimeter foundation, and without an improved floor or footpath which will preclude the agricultural use of the underlying soil. Greenhouses with an improved floor or footpath which will preclude the agricultural use of the underlying soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a special permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a special permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.3Silos; (Former Section INL#316-2.1(3); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.4Tank Houses; (Former Section INL#316-2.1(4); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.5Barns and outbuildings; (Former Section INL#316-2.1(5); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.6Coops; (Former Section INL#316-2.1(6); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.7Drainage facilities and structures. (Note: in the Coastal Zone these facilities and structures are subject to the following regulations, as applicable: Coastal Wetlands, Streams and Riparian Corridors Protection, Transitional Agricultural Lands, and Chapter 2: Procedures. (Former Section INL#316-2.1(7); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.8 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen (15) feet from any street or highway right-ofway. (Former Section INL#316-2.1(8); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.9 Public Stables for 6 horses or less. Public stables for 7 or more horses may be permitted with a Special Permit. (Former Section INL#316-2.1(9); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.10 Other Necessary and Customary Uses. Accessory uses and structures in addition to those identified above, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity as determined by the Planning Director. Buildings or structures, which result in lot coverage exceeding 5 acres on lots 20 acres or larger, or exceeding 25% lot coverage on lots less than 20 acres, either individually or collectively, shall not be permitted as agricultural accessory structures and shall only be permitted with a Special Permit. (Former Section INL#316-2.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
43.2 ALLOWED AGRICULTURAL ACTIVITIES NOT A NUISANCE (“RIGHT TO FARM ORDINANCE”) ¶
43.2.1 Definitions. The following terms shall have the meaning established by this section and as defined in this chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section INL#316.2-1; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97; Amended by Ord. 2214, 6/6/00)
43.2.1.1Agricultural Land.
43.2.1.2Agricultural Operation.
43.2.2 Findings and Policy. ¶
43.2.2.1It is the declared policy of this County to enhance and encourage agricultural operations within the County. It is the intent of this County to provide to its residents notification of this County policy through adoption of this ordinance setting forth persons’ and/or entities’ right to farm. (Former Section INL#316.2-2(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.2Where non-agricultural land uses extend into agricultural areas, or exist side by side, agricultural operations can be the subject of nuisance complaints by which the complainants seek to cease or curtail agricultural operations. Such actions discourage investments in farm improvements and act to the detriment of such adjacent agricultural uses, and the economic viability of the County’s agricultural industry as a whole. (Former Section INL#316.2-2(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.3It is the purpose and intent of this section to reduce the loss to the County of its agricultural resources by limiting the circumstances under which existing and planned agricultural operations may be considered as a nuisance. This ordinance is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provision of State Law relative to nuisances. Rather, it is intended to be utilized in the interpretation and enforcement of the provisions of this Code and other County regulations. (Former Section INL#316.2-2(C); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.4An additional purpose of this ordinance is to promote a good neighbor policy between agricultural and non-agricultural property uses by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such agricultural uses, including but not limited to the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. (Former Section INL#316.2-2(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.3 Nuisance. No agricultural activity, operations, or facility or appurtenances thereof, conducted or maintained for any agricultural purpose in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, pursuant to the Humboldt County Code after the same has been in operation for more than three years if the activity was not a nuisance when it began. (Former Section INL#316.2-3; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4 Disclosure. ¶
43.2.4.1Humboldt County is an agricultural county with many areas planned and zoned for agricultural operations. The presence of farms, ranches and timberland yields significant aesthetic and economic benefits to the health and welfare of the residents of the County. In accordance with the findings in subsection 43.2.2, this County’s agriculture must be protected, including in areas where it is near residential development. This is accomplished in part by the adoption of subsection 43.2.3, which provides that properly conducted agricultural operations will not be deemed a nuisance. (Former Section INL#316.2-4(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.2This section further requires sellers of real property to give notice of this ordinance and its provisions to buyers of real property located in Humboldt County. The notice shall be in substantially the following form:
“You are hereby notified that if the property you are purchasing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These
operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of the Humboldt County Community Development Services Department. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.”
(Former Section INL#316.2-4(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3The statement set forth in subsection 43.2.4.2 shall be used under the following circumstances and in the following manners:
43.2.4.3.1Upon any transfer of real property or any portion thereof by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground sale lease coupled with improvements, or residential stock cooperative improved with dwelling units, the transferor shall require that a statement containing the language set forth in subsection 43.2.4.2 shall be signed by the purchaser or lessee. (Former Section INL#316.2-4(C)(1); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3.2Upon the issuance of a discretionary development permit, including but not limited to subdivision approvals, Use Permits & Special Permits, for use on or adjacent to lands designated and/or zoned for agricultural operations, the discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the Disclosure set out in subsection 43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (Former Section INL#316.2-4(C)(2 Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.4The disclosure statement as set forth in subsection 43.2.4.2, and required by this Chapter shall be made on a copy of, or attached to the Real Estate Transfer Disclosure Statement required by Section 1102.6 of the Civil Code, relating to real property. In situations in which the Real Estate Disclosure statement set forth in Civil Code Section 1102 is not required, notice shall be given on or accompanying any other required disclosure documents or, if none, with the deed transferring the interest in the property. A form for the notice may be purchased from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (Former Section INL#316.2-4(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.5 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance. (Former Section INL#316.2-5; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.6 Precedence. This ordinance shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith, to the extent of the conflict and no more. (Former Section INL#316.2-6; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7 Mediation. ¶
43.2.7.1It is suggested, and expected by the County and the Courts that an attempt to resolve any dispute which arises under or is governed by this Chapter of the Code be subjected to mediation or other attempt at dispute resolution by the parties. Such utilization of a mediation process shall be at the expense of the parties and shall be completed in a reasonable time frame before litigation may be pursued. This mediation process is not a mandatory prerequisite to pursuing alternative legal remedies. (Former Section INL#316.27(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7.2At a minimum, any party making a complaint alleging that an agricultural operation constitutes a nuisance, shall have informed the operator of the alleged nuisance as to the specific complaints of the party making the complaint. This process shall include, at a minimum the sending of a certified letter, containing the details of the complaint, and suggesting a proposed resolution of the problem which the complaining party perceives to exist. This requirement is a mandatory prerequisite to the filing of any civil action for nuisance. (Former Section INL#316.2-7(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.8 Violation of the Disclosure Provisions of Subsection 314-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Section 43.2.4 shall be an infraction. The punishment for such a violation shall be subject to the maximum penalties set by State Law for an infraction (see, Penal Code Section 19c, or any successor provision thereto). The violation shall not be punished as a misdemeanor. (Former Section INL#316.2-8; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.9Model Notice for Use in Complying with this Section: (Former Section INL#316.2-9; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
NOTICE AND ACKNOWLEDGMENT REGARDING AGRICULTURAL ACTIVITIES IN HUMBOLDT COUNTY
Reference: AP No.; and/or File No. & Application No.:
This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code (Section 314-43.2). The purpose of this notice is to inform owners and purchasers of real property that there may be an impact on their property from adjacent agricultural activities. For full information about the ordinance, please read the full text of Section 314-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 314-43.2:
of Section 314-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 314-43.2:
You are hereby notified that, if the property you are purchasing or developing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers for transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Humboldt County Community Development Services Department. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.
Dated:________________________
______________________________ Signature of Seller(s) (if property transfer)
______________________________ Print name(s)
Dated:__________________________
________________________________ Signature(s) of purchaser or owner(s)/owners' representative
________________________________ Print name(s)
Please note that Section 314-43.2 of the County Code does not require recording this document. However, a seller of property may wish to record this document with other disclosure documents as proof of compliance with this Code section.
43.3 ANIMAL KEEPING ¶
43.3.1 Purpose. The purpose of these provisions is to regulate the density of animals and the setbacks of animal enclosures in residential zones (RS, R-1, R-2, R-3, R-4) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (From Section CZ#A314-3(A); Added by Ord. 2214, 6/6/00)
43.3.2 Domestic Animals in Residential Zones. Adult domestic animals may be kept as an accessory use in any residential zone (RS, R- 1, R-2, R-3, R-4) where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied. (Former Section INL#316-4(a); CZ#A314-3(C); Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)
43.3.3 Use Permit May Be Required. Keeping animals not listed in the following tables requires a Use Permit. (Former Section INL#316-4(a)(4))
43.3.4 Animal Density. Animal keeping in RS, R-1, R-2, R-3, and R-4 Zones shall be limited according to the Animal Density Table. The Animal Density Table is incorporated into this section, and all references to this section shall include references to it. (Former
Section INL#316-4(a)(1-4); INL#316-4(f); CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)
| ANIMAL DENSITY TABLE | ||
| ANIMAL TYPE | MINIMUM LOT SIZE | MAXIMUM ANIMAL DENSITY |
| Large domestic bovine and equine animals |
One (1) acre | Two (2) animals plus one (1) animal for each additional twenty thousand (20,000) square feet of lot area |
| Medium sized domestic animals, such as sheep, pigs, and goats |
10,000 square feet | Two (2) animals plus one (1) animal for each additional three thousand (3,000) square feet of lot area |
| Small domestic animals such as rabbits and poultry (c) |
5,000 square feet | Ten (10) animals plus one (1) animal for each additional five hundred (500) square feet of lot area |
| Household pets limited to dogs and cats (d) |
No minimum | RS - limit eight (8) animals R-1, R-2 - limit four (4) animals R-3, R-4 - limit two (2) animals |
aNo animal other than those listed in this section may be kept without first securing a Special Permit.
bPermitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.
cNo crowing rooster may be kept in any RS, R-1, R-2, R-3, or R-4 Zone.
dNo limitations shall be placed upon household pets whose normal place of abode is within the dwelling units, such as caged birds, caged rodents, fish, reptiles and amphibia confined to aquaria and terraria.
43.3.5 Young Domestic Animals Substitution Schedule. The maximum animal densities permitted under subsection 314-43.3.4, Animal Density, may be modified by substituting young animals according to the following schedule: (Former Section INL#316-4(c); CZ#A314-3(F); Amended by Ord. 2214, 6/6/00)
| YOUNG ANIMAL SUBSTITUTION SCHEDULE | |
| ANIMAL TYPE | PERMITTED SUBSTITUTION |
| Large domestic animals including cows and horses |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| Medium-sized domestic animals including sheep, pigs, and goats |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| --- | --- |
| YOUNG ANIMAL SUBSTITUTION SCHEDULE | |
| ANIMAL TYPE | PERMITTED SUBSTITUTION |
| Small domestic animals including rabbits and poultry. |
For each one (1) adult animal three (3) young animals less than three (3) months old may be substituted. |
| Household pets. | Not applicable; No limit on dogs or cats less than four(4)months old. |
43.3.6 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in residential zones (RS, R-1, R-2, R-3, R-4) shall have the minimum setbacks specified in the Animal Enclosure Table. (Former Section INL#316-4(b); CZ#A314-3(G); Amended by Ord. 2214, 6/6/00)
| ANIMAL ENCLOSURE SETBACKS TABLE | |||
| ANIMAL ENCLOSURE LOCATION |
LARGE DOMESTIC ANIMALS |
MEDIUM DOMESTIC ANIMALS |
SMALL DOMESTIC ANIMALS |
| Distance from Dwelling |
50 feet | 50 feet | 25 feet |
| Distance from Front Lot Line |
50 feet | 50 feet | 50 feet |
| Distance from Side Lot Line |
20 feet | 20 feet | 10 feet |
| Distance from Rear Lot Line |
20 feet | 20 feet | 10 feet |
Notes:
aAnimal enclosures includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.
bPoultry setbacks same as Medium Domestic Animals
cNo crowing rooster may be maintained in any residential zone (RS, R-1, R-2, R-3, R-4)
43.3.7 General Health Regulations. Animal keepers must maintain all shelters, coops, cages, runs, corrals and yards in a clean and sanitary condition. Certification by the Health Officer or Representative shall be prima facie evidence that the premises are in an unsanitary condition. (Former Section INL#316-4(d))
43.3.8Killing or dressing large or medium domestic animals on residential premises is prohibited. (Former Section INL#316-4(e))
43.3.9Nothing in this section shall limit the right of any agricultural use to keep animals as a principal or accessory use. (Former Section INL#316-4(g))
43.3.10Keeping animals in a manner that does not conform to this Code is a public nuisance. (Former Section INL#316-4(h); Ord. 528, Sec. 1, 10/5/65)
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43.1 ACCESSORY USES ¶
43.1.1Accessory uses as defined in this Code shall be permitted as appurtenant to any permitted use without the necessity of securing a Special Permit or Use Permit, unless particularly provided in this chapter, provided that no accessory building shall be erected and no accessory use shall be conducted on any property in any Unclassified (U) Zone where the General Plan designates the area for residential development or in any Residential (RS, R-1, R-2, R-3, R-4) Zone, unless and until the main building is erected and occupied, or until a Special Permit is secured. (Former Section INL#316-2; Ord. 1623 Sec. 1, 12/13/83; Amended by Ord. 1726, Sec. 1, 3/4/86)
43.1.2 Permitted Residential Accessory Uses. ¶
43.1.2.1 Community Care Facilities. Community Care Facilities are a residential use of property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such uses are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter; “Family Day Care Home” and “Family Day Care Center”.) (Former Section INL#316-5.1; Added by Ord. 1842, Sec. 8, 8/16/88)
43.1.2.2 Family Day Care Center. A Family Day Care Center serving more than twelve (12) children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. A conditional use permit shall be required to establish such uses in residential zones. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Home”.) (Former Section INL#316-5.2; Added by Ord. 1842 Sec. 9, 8/16/88)
43.1.2.3 Family Day Care Home. A Family Day Care Home serving twelve (12) or fewer children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such services are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Center”.) (Former Section INL#316-5.3; Added by Ord. 1842 Sec. 10, 8/16/88)
43.1.3 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (AG) - Agriculture General, and (TPZ) Timber Production Zones: (See also, Permitted Agricultural Accessory Structures, Section 314 69.1) (Former Section INL#316-2.1; Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.1Windmills, not including windmills that produce energy for export off of the ranch or farm; (Former Section INL#316-2.1(1); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.2Greenhouses which do not result in lot coverage exceeding 5 acres on lots 20 acres or larger in size, or exceeding 25% of the lot coverage for lots less than 20 acres in size, either individually or collectively, with or without a perimeter foundation, and without an improved floor or footpath which will preclude the agricultural use of the underlying soil. Greenhouses with an improved floor or footpath which will preclude the agricultural use of the underlying soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a special permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a special permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.3Silos; (Former Section INL#316-2.1(3); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.4Tank Houses; (Former Section INL#316-2.1(4); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.5Barns and outbuildings; (Former Section INL#316-2.1(5); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.6Coops; (Former Section INL#316-2.1(6); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.7Drainage facilities and structures. (Note: in the Coastal Zone these facilities and structures are subject to the following regulations, as applicable: Coastal Wetlands, Streams and Riparian Corridors Protection, Transitional Agricultural Lands, and Chapter 2: Procedures. (Former Section INL#316-2.1(7); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.8 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen (15) feet from any street or highway right-ofway. (Former Section INL#316-2.1(8); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.9 Public Stables for 6 horses or less. Public stables for 7 or more horses may be permitted with a Special Permit. (Former Section INL#316-2.1(9); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.10 Other Necessary and Customary Uses. Accessory uses and structures in addition to those identified above, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity as determined by the Planning Director. Buildings or structures, which result in lot coverage exceeding 5 acres on lots 20 acres or larger, or exceeding 25% lot coverage on lots less than 20 acres, either individually or collectively, shall not be permitted as agricultural accessory structures and shall only be permitted with a Special Permit. (Former Section INL#316-2.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
43.2 ALLOWED AGRICULTURAL ACTIVITIES NOT A NUISANCE (“RIGHT TO FARM ORDINANCE”) ¶
43.2.1 Definitions. The following terms shall have the meaning established by this section and as defined in this chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section INL#316.2-1; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97; Amended by Ord. 2214, 6/6/00)
43.2.1.1Agricultural Land.
43.2.1.2Agricultural Operation.
43.2.2 Findings and Policy. ¶
43.2.2.1It is the declared policy of this County to enhance and encourage agricultural operations within the County. It is the intent of this County to provide to its residents notification of this County policy through adoption of this ordinance setting forth persons’ and/or entities’ right to farm. (Former Section INL#316.2-2(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.2Where non-agricultural land uses extend into agricultural areas, or exist side by side, agricultural operations can be the subject of nuisance complaints by which the complainants seek to cease or curtail agricultural operations. Such actions discourage investments in farm improvements and act to the detriment of such adjacent agricultural uses, and the economic viability of the County’s agricultural industry as a whole. (Former Section INL#316.2-2(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.3It is the purpose and intent of this section to reduce the loss to the County of its agricultural resources by limiting the circumstances under which existing and planned agricultural operations may be considered as a nuisance. This ordinance is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provision of State Law relative to nuisances. Rather, it is intended to be utilized in the interpretation and enforcement of the provisions of this Code and other County regulations. (Former Section INL#316.2-2(C); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.4An additional purpose of this ordinance is to promote a good neighbor policy between agricultural and non-agricultural property uses by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such agricultural uses, including but not limited to the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. (Former Section INL#316.2-2(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.3 Nuisance. No agricultural activity, operations, or facility or appurtenances thereof, conducted or maintained for any agricultural purpose in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, pursuant to the Humboldt County Code after the same has been in operation for more than three years if the activity was not a nuisance when it began. (Former Section INL#316.2-3; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4 Disclosure. ¶
43.2.4.1Humboldt County is an agricultural county with many areas planned and zoned for agricultural operations. The presence of farms, ranches and timberland yields significant aesthetic and economic benefits to the health and welfare of the residents of the County. In accordance with the findings in subsection 43.2.2, this County’s agriculture must be protected, including in areas where it is near residential development. This is accomplished in part by the adoption of subsection 43.2.3, which provides that properly conducted agricultural operations will not be deemed a nuisance. (Former Section INL#316.2-4(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.2This section further requires sellers of real property to give notice of this ordinance and its provisions to buyers of real property located in Humboldt County. The notice shall be in substantially the following form:
“You are hereby notified that if the property you are purchasing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These
operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of the Humboldt County Community Development Services Department. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.”
(Former Section INL#316.2-4(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3The statement set forth in subsection 43.2.4.2 shall be used under the following circumstances and in the following manners:
43.2.4.3.1Upon any transfer of real property or any portion thereof by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground sale lease coupled with improvements, or residential stock cooperative improved with dwelling units, the transferor shall require that a statement containing the language set forth in subsection 43.2.4.2 shall be signed by the purchaser or lessee. (Former Section INL#316.2-4(C)(1); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3.2Upon the issuance of a discretionary development permit, including but not limited to subdivision approvals, Use Permits & Special Permits, for use on or adjacent to lands designated and/or zoned for agricultural operations, the discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the Disclosure set out in subsection 43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (Former Section INL#316.2-4(C)(2 Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.4The disclosure statement as set forth in subsection 43.2.4.2, and required by this Chapter shall be made on a copy of, or attached to the Real Estate Transfer Disclosure Statement required by Section 1102.6 of the Civil Code, relating to real property. In situations in which the Real Estate Disclosure statement set forth in Civil Code Section 1102 is not required, notice shall be given on or accompanying any other required disclosure documents or, if none, with the deed transferring the interest in the property. A form for the notice may be purchased from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (Former Section INL#316.2-4(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.5 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance. (Former Section INL#316.2-5; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.6 Precedence. This ordinance shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith, to the extent of the conflict and no more. (Former Section INL#316.2-6; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7 Mediation. ¶
43.2.7.1It is suggested, and expected by the County and the Courts that an attempt to resolve any dispute which arises under or is governed by this Chapter of the Code be subjected to mediation or other attempt at dispute resolution by the parties. Such utilization of a mediation process shall be at the expense of the parties and shall be completed in a reasonable time frame before litigation may be pursued. This mediation process is not a mandatory prerequisite to pursuing alternative legal remedies. (Former Section INL#316.27(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7.2At a minimum, any party making a complaint alleging that an agricultural operation constitutes a nuisance, shall have informed the operator of the alleged nuisance as to the specific complaints of the party making the complaint. This process shall include, at a minimum the sending of a certified letter, containing the details of the complaint, and suggesting a proposed resolution of the problem which the complaining party perceives to exist. This requirement is a mandatory prerequisite to the filing of any civil action for nuisance. (Former Section INL#316.2-7(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.8 Violation of the Disclosure Provisions of Subsection 314-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Section 43.2.4 shall be an infraction. The punishment for such a violation shall be subject to the maximum penalties set by State Law for an infraction (see, Penal Code Section 19c, or any successor provision thereto). The violation shall not be punished as a misdemeanor. (Former Section INL#316.2-8; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.9Model Notice for Use in Complying with this Section: (Former Section INL#316.2-9; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
NOTICE AND ACKNOWLEDGMENT REGARDING AGRICULTURAL ACTIVITIES IN HUMBOLDT COUNTY
Reference: AP No.; and/or File No. & Application No.:
This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code (Section 314-43.2). The purpose of this notice is to inform owners and purchasers of real property that there may be an impact on their property from adjacent agricultural activities. For full information about the ordinance, please read the full text of Section 314-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 314-43.2:
of Section 314-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 314-43.2:
You are hereby notified that, if the property you are purchasing or developing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers for transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Humboldt County Community Development Services Department. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.
Dated:________________________
______________________________ Signature of Seller(s) (if property transfer)
______________________________ Print name(s)
Dated:__________________________
________________________________ Signature(s) of purchaser or owner(s)/owners' representative
________________________________ Print name(s)
Please note that Section 314-43.2 of the County Code does not require recording this document. However, a seller of property may wish to record this document with other disclosure documents as proof of compliance with this Code section.
43.3 ANIMAL KEEPING ¶
43.3.1 Purpose. The purpose of these provisions is to regulate the density of animals and the setbacks of animal enclosures in residential zones (RS, R-1, R-2, R-3, R-4) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (From Section CZ#A314-3(A); Added by Ord. 2214, 6/6/00)
43.3.2 Domestic Animals in Residential Zones. Adult domestic animals may be kept as an accessory use in any residential zone (RS, R- 1, R-2, R-3, R-4) where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied. (Former Section INL#316-4(a); CZ#A314-3(C); Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)
43.3.3 Use Permit May Be Required. Keeping animals not listed in the following tables requires a Use Permit. (Former Section INL#316-4(a)(4))
43.3.4 Animal Density. Animal keeping in RS, R-1, R-2, R-3, and R-4 Zones shall be limited according to the Animal Density Table. The Animal Density Table is incorporated into this section, and all references to this section shall include references to it. (Former
Section INL#316-4(a)(1-4); INL#316-4(f); CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)
| ANIMAL DENSITY TABLE | ||
| ANIMAL TYPE | MINIMUM LOT SIZE | MAXIMUM ANIMAL DENSITY |
| Large domestic bovine and equine animals |
One (1) acre | Two (2) animals plus one (1) animal for each additional twenty thousand (20,000) square feet of lot area |
| Medium sized domestic animals, such as sheep, pigs, and goats |
10,000 square feet | Two (2) animals plus one (1) animal for each additional three thousand (3,000) square feet of lot area |
| Small domestic animals such as rabbits and poultry (c) |
5,000 square feet | Ten (10) animals plus one (1) animal for each additional five hundred (500) square feet of lot area |
| Household pets limited to dogs and cats (d) |
No minimum | RS - limit eight (8) animals R-1, R-2 - limit four (4) animals R-3, R-4 - limit two (2) animals |
aNo animal other than those listed in this section may be kept without first securing a Special Permit.
bPermitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.
cNo crowing rooster may be kept in any RS, R-1, R-2, R-3, or R-4 Zone.
dNo limitations shall be placed upon household pets whose normal place of abode is within the dwelling units, such as caged birds, caged rodents, fish, reptiles and amphibia confined to aquaria and terraria.
43.3.5 Young Domestic Animals Substitution Schedule. The maximum animal densities permitted under subsection 314-43.3.4, Animal Density, may be modified by substituting young animals according to the following schedule: (Former Section INL#316-4(c); CZ#A314-3(F); Amended by Ord. 2214, 6/6/00)
| YOUNG ANIMAL SUBSTITUTION SCHEDULE | |
| ANIMAL TYPE | PERMITTED SUBSTITUTION |
| Large domestic animals including cows and horses |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| Medium-sized domestic animals including sheep, pigs, and goats |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| --- | --- |
| YOUNG ANIMAL SUBSTITUTION SCHEDULE | |
| ANIMAL TYPE | PERMITTED SUBSTITUTION |
| Small domestic animals including rabbits and poultry. |
For each one (1) adult animal three (3) young animals less than three (3) months old may be substituted. |
| Household pets. | Not applicable; No limit on dogs or cats less than four(4)months old. |
43.3.6 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in residential zones (RS, R-1, R-2, R-3, R-4) shall have the minimum setbacks specified in the Animal Enclosure Table. (Former Section INL#316-4(b); CZ#A314-3(G); Amended by Ord. 2214, 6/6/00)
| ANIMAL ENCLOSURE SETBACKS TABLE | |||
| ANIMAL ENCLOSURE LOCATION |
LARGE DOMESTIC ANIMALS |
MEDIUM DOMESTIC ANIMALS |
SMALL DOMESTIC ANIMALS |
| Distance from Dwelling |
50 feet | 50 feet | 25 feet |
| Distance from Front Lot Line |
50 feet | 50 feet | 50 feet |
| Distance from Side Lot Line |
20 feet | 20 feet | 10 feet |
| Distance from Rear Lot Line |
20 feet | 20 feet | 10 feet |
Notes:
aAnimal enclosures includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.
bPoultry setbacks same as Medium Domestic Animals
cNo crowing rooster may be maintained in any residential zone (RS, R-1, R-2, R-3, R-4)
43.3.7 General Health Regulations. Animal keepers must maintain all shelters, coops, cages, runs, corrals and yards in a clean and sanitary condition. Certification by the Health Officer or Representative shall be prima facie evidence that the premises are in an unsanitary condition. (Former Section INL#316-4(d))
43.3.8Killing or dressing large or medium domestic animals on residential premises is prohibited. (Former Section INL#316-4(e))
43.3.9Nothing in this section shall limit the right of any agricultural use to keep animals as a principal or accessory use. (Former Section INL#316-4(g))
43.3.10Keeping animals in a manner that does not conform to this Code is a public nuisance. (Former Section INL#316-4(h); Ord. 528, Sec. 1, 10/5/65)
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43.1 ACCESSORY USES ¶
43.1.1Accessory uses as defined in this Code shall be permitted as appurtenant to any permitted use without the necessity of securing a Special Permit or Use Permit, unless particularly provided in this chapter, provided that no accessory building shall be erected and no accessory use shall be conducted on any property in any Unclassified (U) Zone where the General Plan designates the area for residential development or in any Residential (RS, R-1, R-2, R-3, R-4) Zone, unless and until the main building is erected and occupied, or until a Special Permit is secured. (Former Section INL#316-2; Ord. 1623 Sec. 1, 12/13/83; Amended by Ord. 1726, Sec. 1, 3/4/86)
43.1.2 Permitted Residential Accessory Uses. ¶
43.1.2.1 Community Care Facilities. Community Care Facilities are a residential use of property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such uses are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter; “Family Day Care Home” and “Family Day Care Center”.) (Former Section INL#316-5.1; Added by Ord. 1842, Sec. 8, 8/16/88)
43.1.2.2 Family Day Care Center. A Family Day Care Center serving more than twelve (12) children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. A conditional use permit shall be required to establish such uses in residential zones. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Home”.) (Former Section INL#316-5.2; Added by Ord. 1842 Sec. 9, 8/16/88)
43.1.2.3 Family Day Care Home. A Family Day Care Home serving twelve (12) or fewer children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such services are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Center”.) (Former Section INL#316-5.3; Added by Ord. 1842 Sec. 10, 8/16/88)
43.1.3 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (AG) - Agriculture General, and (TPZ) Timber Production Zones: (See also, Permitted Agricultural Accessory Structures, Section 314 69.1) (Former Section INL#316-2.1; Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.1Windmills, not including windmills that produce energy for export off of the ranch or farm; (Former Section INL#316-2.1(1); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.2Greenhouses which do not result in lot coverage exceeding 5 acres on lots 20 acres or larger in size, or exceeding 25% of the lot coverage for lots less than 20 acres in size, either individually or collectively, with or without a perimeter foundation, and without an improved floor or footpath which will preclude the agricultural use of the underlying soil. Greenhouses with an improved floor or footpath which will preclude the agricultural use of the underlying soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a special permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a special permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.3Silos; (Former Section INL#316-2.1(3); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.4Tank Houses; (Former Section INL#316-2.1(4); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.5Barns and outbuildings; (Former Section INL#316-2.1(5); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.6Coops; (Former Section INL#316-2.1(6); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.7Drainage facilities and structures. (Note: in the Coastal Zone these facilities and structures are subject to the following regulations, as applicable: Coastal Wetlands, Streams and Riparian Corridors Protection, Transitional Agricultural Lands, and Chapter 2: Procedures. (Former Section INL#316-2.1(7); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.8 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen (15) feet from any street or highway right-ofway. (Former Section INL#316-2.1(8); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.9 Public Stables for 6 horses or less. Public stables for 7 or more horses may be permitted with a Special Permit. (Former Section INL#316-2.1(9); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.10 Other Necessary and Customary Uses. Accessory uses and structures in addition to those identified above, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity as determined by the Planning Director. Buildings or structures, which result in lot coverage exceeding 5 acres on lots 20 acres or larger, or exceeding 25% lot coverage on lots less than 20 acres, either individually or collectively, shall not be permitted as agricultural accessory structures and shall only be permitted with a Special Permit. (Former Section INL#316-2.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
43.2 ALLOWED AGRICULTURAL ACTIVITIES NOT A NUISANCE (“RIGHT TO FARM ORDINANCE”) ¶
43.2.1 Definitions. The following terms shall have the meaning established by this section and as defined in this chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section INL#316.2-1; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97; Amended by Ord. 2214, 6/6/00)
43.2.1.1Agricultural Land.
43.2.1.2Agricultural Operation.
43.2.2 Findings and Policy. ¶
43.2.2.1It is the declared policy of this County to enhance and encourage agricultural operations within the County. It is the intent of this County to provide to its residents notification of this County policy through adoption of this ordinance setting forth persons’ and/or entities’ right to farm. (Former Section INL#316.2-2(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.2Where non-agricultural land uses extend into agricultural areas, or exist side by side, agricultural operations can be the subject of nuisance complaints by which the complainants seek to cease or curtail agricultural operations. Such actions discourage investments in farm improvements and act to the detriment of such adjacent agricultural uses, and the economic viability of the County’s agricultural industry as a whole. (Former Section INL#316.2-2(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.3It is the purpose and intent of this section to reduce the loss to the County of its agricultural resources by limiting the circumstances under which existing and planned agricultural operations may be considered as a nuisance. This ordinance is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provision of State Law relative to nuisances. Rather, it is intended to be utilized in the interpretation and enforcement of the provisions of this Code and other County regulations. (Former Section INL#316.2-2(C); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.4An additional purpose of this ordinance is to promote a good neighbor policy between agricultural and non-agricultural property uses by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such agricultural uses, including but not limited to the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. (Former Section INL#316.2-2(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.3 Nuisance. No agricultural activity, operations, or facility or appurtenances thereof, conducted or maintained for any agricultural purpose in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, pursuant to the Humboldt County Code after the same has been in operation for more than three years if the activity was not a nuisance when it began. (Former Section INL#316.2-3; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4 Disclosure. ¶
43.2.4.1Humboldt County is an agricultural county with many areas planned and zoned for agricultural operations. The presence of farms, ranches and timberland yields significant aesthetic and economic benefits to the health and welfare of the residents of the County. In accordance with the findings in subsection 43.2.2, this County’s agriculture must be protected, including in areas where it is near residential development. This is accomplished in part by the adoption of subsection 43.2.3, which provides that properly conducted agricultural operations will not be deemed a nuisance. (Former Section INL#316.2-4(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.2This section further requires sellers of real property to give notice of this ordinance and its provisions to buyers of real property located in Humboldt County. The notice shall be in substantially the following form:
“You are hereby notified that if the property you are purchasing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These
operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of the Humboldt County Community Development Services Department. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.”
(Former Section INL#316.2-4(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3The statement set forth in subsection 43.2.4.2 shall be used under the following circumstances and in the following manners:
43.2.4.3.1Upon any transfer of real property or any portion thereof by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground sale lease coupled with improvements, or residential stock cooperative improved with dwelling units, the transferor shall require that a statement containing the language set forth in subsection 43.2.4.2 shall be signed by the purchaser or lessee. (Former Section INL#316.2-4(C)(1); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3.2Upon the issuance of a discretionary development permit, including but not limited to subdivision approvals, Use Permits & Special Permits, for use on or adjacent to lands designated and/or zoned for agricultural operations, the discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the Disclosure set out in subsection 43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (Former Section INL#316.2-4(C)(2 Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.4The disclosure statement as set forth in subsection 43.2.4.2, and required by this Chapter shall be made on a copy of, or attached to the Real Estate Transfer Disclosure Statement required by Section 1102.6 of the Civil Code, relating to real property. In situations in which the Real Estate Disclosure statement set forth in Civil Code Section 1102 is not required, notice shall be given on or accompanying any other required disclosure documents or, if none, with the deed transferring the interest in the property. A form for the notice may be purchased from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (Former Section INL#316.2-4(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.5 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance. (Former Section INL#316.2-5; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.6 Precedence. This ordinance shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith, to the extent of the conflict and no more. (Former Section INL#316.2-6; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7 Mediation. ¶
43.2.7.1It is suggested, and expected by the County and the Courts that an attempt to resolve any dispute which arises under or is governed by this Chapter of the Code be subjected to mediation or other attempt at dispute resolution by the parties. Such utilization of a mediation process shall be at the expense of the parties and shall be completed in a reasonable time frame before litigation may be pursued. This mediation process is not a mandatory prerequisite to pursuing alternative legal remedies. (Former Section INL#316.27(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7.2At a minimum, any party making a complaint alleging that an agricultural operation constitutes a nuisance, shall have informed the operator of the alleged nuisance as to the specific complaints of the party making the complaint. This process shall include, at a minimum the sending of a certified letter, containing the details of the complaint, and suggesting a proposed resolution of the problem which the complaining party perceives to exist. This requirement is a mandatory prerequisite to the filing of any civil action for nuisance. (Former Section INL#316.2-7(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.8 Violation of the Disclosure Provisions of Subsection 314-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Section 43.2.4 shall be an infraction. The punishment for such a violation shall be subject to the maximum penalties set by State Law for an infraction (see, Penal Code Section 19c, or any successor provision thereto). The violation shall not be punished as a misdemeanor. (Former Section INL#316.2-8; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.9Model Notice for Use in Complying with this Section: (Former Section INL#316.2-9; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
NOTICE AND ACKNOWLEDGMENT REGARDING AGRICULTURAL ACTIVITIES IN HUMBOLDT COUNTY
Reference: AP No.; and/or File No. & Application No.:
This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code (Section 314-43.2). The purpose of this notice is to inform owners and purchasers of real property that there may be an impact on their property from adjacent agricultural activities. For full information about the ordinance, please read the full text of Section 314-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 314-43.2:
of Section 314-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 314-43.2:
You are hereby notified that, if the property you are purchasing or developing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers for transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Humboldt County Community Development Services Department. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.
Dated:________________________
______________________________ Signature of Seller(s) (if property transfer)
______________________________ Print name(s)
Dated:__________________________
________________________________ Signature(s) of purchaser or owner(s)/owners' representative
________________________________ Print name(s)
Please note that Section 314-43.2 of the County Code does not require recording this document. However, a seller of property may wish to record this document with other disclosure documents as proof of compliance with this Code section.
43.3 ANIMAL KEEPING ¶
43.3.1 Purpose. The purpose of these provisions is to regulate the density of animals and the setbacks of animal enclosures in residential zones (RS, R-1, R-2, R-3, R-4) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (From Section CZ#A314-3(A); Added by Ord. 2214, 6/6/00)
43.3.2 Domestic Animals in Residential Zones. Adult domestic animals may be kept as an accessory use in any residential zone (RS, R- 1, R-2, R-3, R-4) where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied. (Former Section INL#316-4(a); CZ#A314-3(C); Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)
43.3.3 Use Permit May Be Required. Keeping animals not listed in the following tables requires a Use Permit. (Former Section INL#316-4(a)(4))
43.3.4 Animal Density. Animal keeping in RS, R-1, R-2, R-3, and R-4 Zones shall be limited according to the Animal Density Table. The Animal Density Table is incorporated into this section, and all references to this section shall include references to it. (Former
Section INL#316-4(a)(1-4); INL#316-4(f); CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)
| ANIMAL DENSITY TABLE | ||
| ANIMAL TYPE | MINIMUM LOT SIZE | MAXIMUM ANIMAL DENSITY |
| Large domestic bovine and equine animals |
One (1) acre | Two (2) animals plus one (1) animal for each additional twenty thousand (20,000) square feet of lot area |
| Medium sized domestic animals, such as sheep, pigs, and goats |
10,000 square feet | Two (2) animals plus one (1) animal for each additional three thousand (3,000) square feet of lot area |
| Small domestic animals such as rabbits and poultry (c) |
5,000 square feet | Ten (10) animals plus one (1) animal for each additional five hundred (500) square feet of lot area |
| Household pets limited to dogs and cats (d) |
No minimum | RS - limit eight (8) animals R-1, R-2 - limit four (4) animals R-3, R-4 - limit two (2) animals |
aNo animal other than those listed in this section may be kept without first securing a Special Permit.
bPermitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.
cNo crowing rooster may be kept in any RS, R-1, R-2, R-3, or R-4 Zone.
dNo limitations shall be placed upon household pets whose normal place of abode is within the dwelling units, such as caged birds, caged rodents, fish, reptiles and amphibia confined to aquaria and terraria.
43.3.5 Young Domestic Animals Substitution Schedule. The maximum animal densities permitted under subsection 314-43.3.4, Animal Density, may be modified by substituting young animals according to the following schedule: (Former Section INL#316-4(c); CZ#A314-3(F); Amended by Ord. 2214, 6/6/00)
| YOUNG ANIMAL SUBSTITUTION SCHEDULE | |
| ANIMAL TYPE | PERMITTED SUBSTITUTION |
| Large domestic animals including cows and horses |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| Medium-sized domestic animals including sheep, pigs, and goats |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| --- | --- |
| YOUNG ANIMAL SUBSTITUTION SCHEDULE | |
| ANIMAL TYPE | PERMITTED SUBSTITUTION |
| Small domestic animals including rabbits and poultry. |
For each one (1) adult animal three (3) young animals less than three (3) months old may be substituted. |
| Household pets. | Not applicable; No limit on dogs or cats less than four(4)months old. |
43.3.6 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in residential zones (RS, R-1, R-2, R-3, R-4) shall have the minimum setbacks specified in the Animal Enclosure Table. (Former Section INL#316-4(b); CZ#A314-3(G); Amended by Ord. 2214, 6/6/00)
| ANIMAL ENCLOSURE SETBACKS TABLE | |||
| ANIMAL ENCLOSURE LOCATION |
LARGE DOMESTIC ANIMALS |
MEDIUM DOMESTIC ANIMALS |
SMALL DOMESTIC ANIMALS |
| Distance from Dwelling |
50 feet | 50 feet | 25 feet |
| Distance from Front Lot Line |
50 feet | 50 feet | 50 feet |
| Distance from Side Lot Line |
20 feet | 20 feet | 10 feet |
| Distance from Rear Lot Line |
20 feet | 20 feet | 10 feet |
Notes:
aAnimal enclosures includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.
bPoultry setbacks same as Medium Domestic Animals
cNo crowing rooster may be maintained in any residential zone (RS, R-1, R-2, R-3, R-4)
43.3.7 General Health Regulations. Animal keepers must maintain all shelters, coops, cages, runs, corrals and yards in a clean and sanitary condition. Certification by the Health Officer or Representative shall be prima facie evidence that the premises are in an unsanitary condition. (Former Section INL#316-4(d))
43.3.8Killing or dressing large or medium domestic animals on residential premises is prohibited. (Former Section INL#316-4(e))
43.3.9Nothing in this section shall limit the right of any agricultural use to keep animals as a principal or accessory use. (Former Section INL#316-4(g))
43.3.10Keeping animals in a manner that does not conform to this Code is a public nuisance. (Former Section INL#316-4(h); Ord. 528, Sec. 1, 10/5/65)
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43.1 ACCESSORY USES ¶
43.1.1Accessory uses as defined in this Code shall be permitted as appurtenant to any permitted use without the necessity of securing a Special Permit or Use Permit, unless particularly provided in this chapter, provided that no accessory building shall be erected and no accessory use shall be conducted on any property in any Unclassified (U) Zone where the General Plan designates the area for residential development or in any Residential (RS, R-1, R-2, R-3, R-4) Zone, unless and until the main building is erected and occupied, or until a Special Permit is secured. (Former Section INL#316-2; Ord. 1623 Sec. 1, 12/13/83; Amended by Ord. 1726, Sec. 1, 3/4/86)
43.1.2 Permitted Residential Accessory Uses. ¶
43.1.2.1 Community Care Facilities. Community Care Facilities are a residential use of property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such uses are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter; “Family Day Care Home” and “Family Day Care Center”.) (Former Section INL#316-5.1; Added by Ord. 1842, Sec. 8, 8/16/88)
43.1.2.2 Family Day Care Center. A Family Day Care Center serving more than twelve (12) children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. A conditional use permit shall be required to establish such uses in residential zones. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Home”.) (Former Section INL#316-5.2; Added by Ord. 1842 Sec. 9, 8/16/88)
43.1.2.3 Family Day Care Home. A Family Day Care Home serving twelve (12) or fewer children (including children who reside at the home) shall be considered a residential use of the property for the purposes of zoning. No Use Permit or variance shall be required to establish such uses in any residential zone except as may be required of other residences which are located in the same zone and in which such services are established. (See also, Section C: Index of Definitions of Language and Legal Terms, in this Chapter, “Community Care Facility” and “Family Day Care Center”.) (Former Section INL#316-5.3; Added by Ord. 1842 Sec. 10, 8/16/88)
43.1.3 Permitted Agricultural Accessory Uses. The following accessory uses shall be permitted in the (AE) Agricultural Exclusive, (AG) - Agriculture General, and (TPZ) Timber Production Zones: (See also, Permitted Agricultural Accessory Structures, Section 314 69.1) (Former Section INL#316-2.1; Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.1Windmills, not including windmills that produce energy for export off of the ranch or farm; (Former Section INL#316-2.1(1); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.2Greenhouses which do not result in lot coverage exceeding 5 acres on lots 20 acres or larger in size, or exceeding 25% of the lot coverage for lots less than 20 acres in size, either individually or collectively, with or without a perimeter foundation, and without an improved floor or footpath which will preclude the agricultural use of the underlying soil. Greenhouses with an improved floor or footpath which will preclude the agricultural use of the underlying soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a special permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a special permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.3Silos; (Former Section INL#316-2.1(3); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.4Tank Houses; (Former Section INL#316-2.1(4); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.5Barns and outbuildings; (Former Section INL#316-2.1(5); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.6Coops; (Former Section INL#316-2.1(6); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.7Drainage facilities and structures. (Note: in the Coastal Zone these facilities and structures are subject to the following regulations, as applicable: Coastal Wetlands, Streams and Riparian Corridors Protection, Transitional Agricultural Lands, and Chapter 2: Procedures. (Former Section INL#316-2.1(7); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.8 Roadside Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen (15) feet from any street or highway right-ofway. (Former Section INL#316-2.1(8); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.9 Public Stables for 6 horses or less. Public stables for 7 or more horses may be permitted with a Special Permit. (Former Section INL#316-2.1(9); Added by Ord. 2189, Sec. 1, 2/9/99)
43.1.3.10 Other Necessary and Customary Uses. Accessory uses and structures in addition to those identified above, which are necessary and customarily associated with, and are appropriate, incidental, and subordinate to agricultural activity as determined by the Planning Director. Buildings or structures, which result in lot coverage exceeding 5 acres on lots 20 acres or larger, or exceeding 25% lot coverage on lots less than 20 acres, either individually or collectively, shall not be permitted as agricultural accessory structures and shall only be permitted with a Special Permit. (Former Section INL#316-2.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
43.2 ALLOWED AGRICULTURAL ACTIVITIES NOT A NUISANCE (“RIGHT TO FARM ORDINANCE”) ¶
43.2.1 Definitions. The following terms shall have the meaning established by this section and as defined in this chapter, Section C: Index of Definitions of Language and Legal Terms. (Former Section INL#316.2-1; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97; Amended by Ord. 2214, 6/6/00)
43.2.1.1Agricultural Land.
43.2.1.2Agricultural Operation.
43.2.2 Findings and Policy. ¶
43.2.2.1It is the declared policy of this County to enhance and encourage agricultural operations within the County. It is the intent of this County to provide to its residents notification of this County policy through adoption of this ordinance setting forth persons’ and/or entities’ right to farm. (Former Section INL#316.2-2(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.2Where non-agricultural land uses extend into agricultural areas, or exist side by side, agricultural operations can be the subject of nuisance complaints by which the complainants seek to cease or curtail agricultural operations. Such actions discourage investments in farm improvements and act to the detriment of such adjacent agricultural uses, and the economic viability of the County’s agricultural industry as a whole. (Former Section INL#316.2-2(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.3It is the purpose and intent of this section to reduce the loss to the County of its agricultural resources by limiting the circumstances under which existing and planned agricultural operations may be considered as a nuisance. This ordinance is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agriculture Code, Division 7 of the Water Code, or any other applicable provision of State Law relative to nuisances. Rather, it is intended to be utilized in the interpretation and enforcement of the provisions of this Code and other County regulations. (Former Section INL#316.2-2(C); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.2.4An additional purpose of this ordinance is to promote a good neighbor policy between agricultural and non-agricultural property uses by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such agricultural uses, including but not limited to the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. (Former Section INL#316.2-2(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.3 Nuisance. No agricultural activity, operations, or facility or appurtenances thereof, conducted or maintained for any agricultural purpose in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, public or private, pursuant to the Humboldt County Code after the same has been in operation for more than three years if the activity was not a nuisance when it began. (Former Section INL#316.2-3; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4 Disclosure. ¶
43.2.4.1Humboldt County is an agricultural county with many areas planned and zoned for agricultural operations. The presence of farms, ranches and timberland yields significant aesthetic and economic benefits to the health and welfare of the residents of the County. In accordance with the findings in subsection 43.2.2, this County’s agriculture must be protected, including in areas where it is near residential development. This is accomplished in part by the adoption of subsection 43.2.3, which provides that properly conducted agricultural operations will not be deemed a nuisance. (Former Section INL#316.2-4(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.2This section further requires sellers of real property to give notice of this ordinance and its provisions to buyers of real property located in Humboldt County. The notice shall be in substantially the following form:
“You are hereby notified that if the property you are purchasing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These
operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Planning Division of the Humboldt County Community Development Services Department. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.”
(Former Section INL#316.2-4(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3The statement set forth in subsection 43.2.4.2 shall be used under the following circumstances and in the following manners:
43.2.4.3.1Upon any transfer of real property or any portion thereof by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground sale lease coupled with improvements, or residential stock cooperative improved with dwelling units, the transferor shall require that a statement containing the language set forth in subsection 43.2.4.2 shall be signed by the purchaser or lessee. (Former Section INL#316.2-4(C)(1); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.3.2Upon the issuance of a discretionary development permit, including but not limited to subdivision approvals, Use Permits & Special Permits, for use on or adjacent to lands designated and/or zoned for agricultural operations, the discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the Disclosure set out in subsection 43.2.4.2. The statement need not be notarized, and shall be retained in the permit file at the Planning Division. (Former Section INL#316.2-4(C)(2 Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.4.4The disclosure statement as set forth in subsection 43.2.4.2, and required by this Chapter shall be made on a copy of, or attached to the Real Estate Transfer Disclosure Statement required by Section 1102.6 of the Civil Code, relating to real property. In situations in which the Real Estate Disclosure statement set forth in Civil Code Section 1102 is not required, notice shall be given on or accompanying any other required disclosure documents or, if none, with the deed transferring the interest in the property. A form for the notice may be purchased from the Planning and Building Divisions. The seller should retain a copy of the signed disclosure notice as proof of compliance with this section. (Former Section INL#316.2-4(D); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.5 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the ordinance. (Former Section INL#316.2-5; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.6 Precedence. This ordinance shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith, to the extent of the conflict and no more. (Former Section INL#316.2-6; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7 Mediation. ¶
43.2.7.1It is suggested, and expected by the County and the Courts that an attempt to resolve any dispute which arises under or is governed by this Chapter of the Code be subjected to mediation or other attempt at dispute resolution by the parties. Such utilization of a mediation process shall be at the expense of the parties and shall be completed in a reasonable time frame before litigation may be pursued. This mediation process is not a mandatory prerequisite to pursuing alternative legal remedies. (Former Section INL#316.27(A); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.7.2At a minimum, any party making a complaint alleging that an agricultural operation constitutes a nuisance, shall have informed the operator of the alleged nuisance as to the specific complaints of the party making the complaint. This process shall include, at a minimum the sending of a certified letter, containing the details of the complaint, and suggesting a proposed resolution of the problem which the complaining party perceives to exist. This requirement is a mandatory prerequisite to the filing of any civil action for nuisance. (Former Section INL#316.2-7(B); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.8 Violation of the Disclosure Provisions of Subsection 314-43.2.4 an Infraction. Notwithstanding any other provision of this Code to the contrary, a violation of the disclosure provisions contained in Section 43.2.4 shall be an infraction. The punishment for such a violation shall be subject to the maximum penalties set by State Law for an infraction (see, Penal Code Section 19c, or any successor provision thereto). The violation shall not be punished as a misdemeanor. (Former Section INL#316.2-8; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
43.2.9Model Notice for Use in Complying with this Section: (Former Section INL#316.2-9; Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2075, 5/30/95; Amended by Ord. 2138b, Sec. 1, 1/14/97)
NOTICE AND ACKNOWLEDGMENT REGARDING AGRICULTURAL ACTIVITIES IN HUMBOLDT COUNTY
Reference: AP No.; and/or File No. & Application No.:
This notice is given pursuant to the “Right to Farm Ordinance” of the Humboldt County Code (Section 314-43.2). The purpose of this notice is to inform owners and purchasers of real property that there may be an impact on their property from adjacent agricultural activities. For full information about the ordinance, please read the full text of Section 314-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 314-43.2:
of Section 314-43.2, Allowed Agricultural Activities Not a Nuisance, of the County Code. This document is for information purposes only and confers no legal rights or obligations with respect to any particular property or agricultural activity other than those conferred by the County Code, State Law, or other applicable law or regulation. In accordance with Humboldt County Code Section 314-43.2:
You are hereby notified that, if the property you are purchasing or developing is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tillage of the soil; burning of agricultural waste products; lawful and proper use of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry, and commercial practices performed as incident to or in conjunction with such agricultural operations, including preparation for market, delivery to storage or market, or to carriers for transportation to market. These operations may generate, among other things, dust, smoke, noise and odor. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. For information concerning where agricultural operations are located in relation to your property, you may contact the Humboldt County Community Development Services Department. For questions concerning specific kinds of agricultural operations in your area, including their use of fertilizers and pesticides, you should contact the Humboldt County Agricultural Commissioner. This Notice is given for informational purposes only and nothing in the Ordinance or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available action to remedy any unlawful or improper agricultural practice.
Dated:________________________
______________________________ Signature of Seller(s) (if property transfer)
______________________________ Print name(s)
Dated:__________________________
________________________________ Signature(s) of purchaser or owner(s)/owners' representative
________________________________ Print name(s)
Please note that Section 314-43.2 of the County Code does not require recording this document. However, a seller of property may wish to record this document with other disclosure documents as proof of compliance with this Code section.
43.3 ANIMAL KEEPING ¶
43.3.1 Purpose. The purpose of these provisions is to regulate the density of animals and the setbacks of animal enclosures in residential zones (RS, R-1, R-2, R-3, R-4) in order to maintain the quality of the urban and rural environments and to prevent public and private nuisances. (From Section CZ#A314-3(A); Added by Ord. 2214, 6/6/00)
43.3.2 Domestic Animals in Residential Zones. Adult domestic animals may be kept as an accessory use in any residential zone (RS, R- 1, R-2, R-3, R-4) where the minimum lot size, animal density and animal enclosure setback requirements of this section are satisfied. (Former Section INL#316-4(a); CZ#A314-3(C); Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)
43.3.3 Use Permit May Be Required. Keeping animals not listed in the following tables requires a Use Permit. (Former Section INL#316-4(a)(4))
43.3.4 Animal Density. Animal keeping in RS, R-1, R-2, R-3, and R-4 Zones shall be limited according to the Animal Density Table. The Animal Density Table is incorporated into this section, and all references to this section shall include references to it. (Former
Section INL#316-4(a)(1-4); INL#316-4(f); CZ#A314-3(E); Ord. 528, Sec. 1, 10/5/65; Ord. 556, Sec. 2, 3/22/66; Amended by Ord. 2214, 6/6/00)
| ANIMAL DENSITY TABLE | ||
| ANIMAL TYPE | MINIMUM LOT SIZE | MAXIMUM ANIMAL DENSITY |
| Large domestic bovine and equine animals |
One (1) acre | Two (2) animals plus one (1) animal for each additional twenty thousand (20,000) square feet of lot area |
| Medium sized domestic animals, such as sheep, pigs, and goats |
10,000 square feet | Two (2) animals plus one (1) animal for each additional three thousand (3,000) square feet of lot area |
| Small domestic animals such as rabbits and poultry (c) |
5,000 square feet | Ten (10) animals plus one (1) animal for each additional five hundred (500) square feet of lot area |
| Household pets limited to dogs and cats (d) |
No minimum | RS - limit eight (8) animals R-1, R-2 - limit four (4) animals R-3, R-4 - limit two (2) animals |
aNo animal other than those listed in this section may be kept without first securing a Special Permit.
bPermitted animal densities may be increased through substitution by young animals in accordance with the schedule set forth herein.
cNo crowing rooster may be kept in any RS, R-1, R-2, R-3, or R-4 Zone.
dNo limitations shall be placed upon household pets whose normal place of abode is within the dwelling units, such as caged birds, caged rodents, fish, reptiles and amphibia confined to aquaria and terraria.
43.3.5 Young Domestic Animals Substitution Schedule. The maximum animal densities permitted under subsection 314-43.3.4, Animal Density, may be modified by substituting young animals according to the following schedule: (Former Section INL#316-4(c); CZ#A314-3(F); Amended by Ord. 2214, 6/6/00)
| YOUNG ANIMAL SUBSTITUTION SCHEDULE | |
| ANIMAL TYPE | PERMITTED SUBSTITUTION |
| Large domestic animals including cows and horses |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| Medium-sized domestic animals including sheep, pigs, and goats |
For each one (1) adult animal three (3) young animals less than six (6) months old may be substituted. |
| --- | --- |
| YOUNG ANIMAL SUBSTITUTION SCHEDULE | |
| ANIMAL TYPE | PERMITTED SUBSTITUTION |
| Small domestic animals including rabbits and poultry. |
For each one (1) adult animal three (3) young animals less than three (3) months old may be substituted. |
| Household pets. | Not applicable; No limit on dogs or cats less than four(4)months old. |
43.3.6 Animal Enclosure Setback Table. In addition to conforming with all applicable yard requirements, enclosures for animals in residential zones (RS, R-1, R-2, R-3, R-4) shall have the minimum setbacks specified in the Animal Enclosure Table. (Former Section INL#316-4(b); CZ#A314-3(G); Amended by Ord. 2214, 6/6/00)
| ANIMAL ENCLOSURE SETBACKS TABLE | |||
| ANIMAL ENCLOSURE LOCATION |
LARGE DOMESTIC ANIMALS |
MEDIUM DOMESTIC ANIMALS |
SMALL DOMESTIC ANIMALS |
| Distance from Dwelling |
50 feet | 50 feet | 25 feet |
| Distance from Front Lot Line |
50 feet | 50 feet | 50 feet |
| Distance from Side Lot Line |
20 feet | 20 feet | 10 feet |
| Distance from Rear Lot Line |
20 feet | 20 feet | 10 feet |
Notes:
aAnimal enclosures includes shelters, pens, coops, runs, hutches, stables, barns, corrals, and similar structures used for the keeping of poultry or animals.
bPoultry setbacks same as Medium Domestic Animals
cNo crowing rooster may be maintained in any residential zone (RS, R-1, R-2, R-3, R-4)
43.3.7 General Health Regulations. Animal keepers must maintain all shelters, coops, cages, runs, corrals and yards in a clean and sanitary condition. Certification by the Health Officer or Representative shall be prima facie evidence that the premises are in an unsanitary condition. (Former Section INL#316-4(d))
43.3.8Killing or dressing large or medium domestic animals on residential premises is prohibited. (Former Section INL#316-4(e))
43.3.9Nothing in this section shall limit the right of any agricultural use to keep animals as a principal or accessory use. (Former Section INL#316-4(g))
43.3.10Keeping animals in a manner that does not conform to this Code is a public nuisance. (Former Section INL#316-4(h); Ord. 528, Sec. 1, 10/5/65)
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44.1 REPEALED BY ORD. 2732, § 9, 3/5/2024
(Ord. 2732, § 9, 3/5/2024)
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44.1 REPEALED BY ORD. 2732, § 9, 3/5/2024
(Ord. 2732, § 9, 3/5/2024)
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45.1 COTTAGE INDUSTRY ¶
45.1.1 Purpose. The purpose of these regulations is to establish development standards and limitations for the operation and maintenance of cottage industries in Humboldt County.(Former Section INL#316.3-1; Added by Ord. 1737, Sec. 2, 5/20/86)
45.1.2 Applicability. ¶
45.1.2.1Notwithstanding any other provisions of this Code to the contrary, Cottage Industries, as defined in this Code, that meet all the criteria of the following Performance Standards section, shall be permitted as appurtenant and accessory uses to a principally permitted residential use in any FR, TPZ, AE, AG, RS, R-1 or U zone district. (Former Section INL#316.3-2; Added by Ord. 1737 Sec. 2, 5/20/86, Amended by Ord. 2166, 4/7/98)
45.1.2.2Cottage Industries that do not meet all the criteria of the following Performance Standards section, may be permitted as an accessory use with a Special Permit subject to the provisions of this chapter, in any of the following zoning districts: FR, TPZ, AE, AG, RS, R-1 and U. (Former Section INL#316.3-2; Added by Ord. 1737 Sec. 2, 5/20/86; Amended by Ord. 2166, 4/7/98)
45.1.3 Performance Standards for Cottage Industries Permitted As Appurtenant and Accessory Uses. Cottage industries allowed as principally permitted appurtenant and accessory uses to existing residential uses shall comply with all the following performance standards: (Former Section INL#316.3-3; Amended by Ord. 2166, 4/7/98)
45.1.3.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section INL#316.3-3(a); Amended by Ord. 2166, 4/7/98)
45.1.3.2The dwelling on the site shall be occupied by the owner of the cottage industry; and (Former Section INL#316.3-3(b); Amended by Ord. 2166, 4/7/98)
45.1.3.3The cottage industry shall occupy no more than twenty-five percent (25%) or 1,000 square feet (whichever is less) of the floor area of the dwelling or accessory structure in which the cottage industry is located; and (Former Section INL#316.3-3(c); Amended by Ord. 2166, 4/7/98)
45.1.3.4The cottage industry shall not produce evidence of its existence in the external appearance of the dwelling or premises, or in the creation of noise, odors, smoke or other nuisances to a degree greater than that normal for the neighborhood; and (Former Section INL#316.3-3(d); Amended by Ord. 2166, 4/7/98)
45.1.3.5There shall be no structural, electrical or plumbing alterations necessary for the cottage industry which are not customarily found in dwellings or residential accessory structures; and (Former Section INL#316.3-3(e); Amended by Ord. 2166, 4/7/98)
45.1.3.6No persons other than residents of the dwelling shall be employed to conduct the cottage industry; and (Former Section INL#316.3-3(f); Amended by Ord. 2166, 4/7/98)
45.1.3.7There shall be no sale of merchandise on the premises; and (Former Section INL#316.3-3(g); Amended by Ord. 2166, 4/7/98)
45.1.3.8All noise generating operations shall be buffered so that they do not exceed the exterior ambient noise level anywhere on the site by more than 5 dB(a), or an equivalent standard which achieves comparable results; and (Former Section INL#316.3-3(h); Amended by Ord. 2166, 4/7/98)
45.1.3.9All lights shall be directed on site and shielded to reduce glare to adjacent areas; and (Former Section INL#316.3-3(i); Amended by Ord. 2166, 4/7/98)
45.1.3.10The use shall not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which it is located; and (Former Section INL#316.3-3(j); Amended by Ord. 2166, 4/7/98)
45.1.3.11No perceptible vibrations shall be permitted off the building site; and (Former Section INL#316.3-3(k); Amended by Ord. 2166, 4/7/98)
45.1.3.12No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section INL#316.3-3(l); Amended by Ord. 2166, 4/7/98)
45.1.3.13All manufacturing and fabricating areas shall be enclosed in buildings. (Former Section INL#316.3-3(m); Amended by Ord. 2166, 4/7/98)
45.1.3.14Hours of operation shall be 9 AM to 5 PM Monday through Friday. (Former Section INL#316.3-3(n); Amended by Ord. 2166, 4/7/98)
45.1.3.15One sign is permitted advertising the cottage industry, not exceeding two (2) square feet, that is non-moving, and which has illumination, if any, which is non-flashing. (Former Section INL#316.3-3(o); Amended by Ord. 2166, 4/7/98)
45.1.3.16The total land area occupied by the cottage industry and the principal use including portions of the lot occupied by buildings, storage areas and work places devoted to the cottage industry shall not exceed two (2) acres or the maximum coverage allowed in the zone district, whichever is less. (Former Section INL#316.3-3(p); Amended by Ord. 2166, 4/7/98)
45.1.3.17A business license shall be approved for the Cottage Industry. (Former Section INL#316.3-3(q); Amended by Ord. 2166, 4/7/98)
45.1.4 Modification of Performance Standards for Cottage Industries Allowed With a Special Permit. With a Special Permit, the Hearing Officer may modify the performance standards in subsections 314-45.1.3.3, 45.1.3.5, 45.1.3.6, 45.1.3.7, 45.1.3.10, 45.1.3.13, 45.1.3.14, 45.1.3.15 and 45.1.3.16. (Former Section INL#316.3-4, 5/20/86; Amended by Ord. 2166, 4/7/98)
45.1.5 Auto Repair as a Cottage Industry.
45.1.5.1 Applicability. With a Use Permit, auto repair as a cottage industry may be permitted in the TPZ, AE, AG and FR Zones when located outside Community Planning Areas, or when specifically authorized by the Community Plan and located outside Urban Expansion Areas. (Former Section INL#316.3-6(a)(1))
45.1.5.2 Performance Standards.
45.1.5.2.1All activities shall be conducted in an enclosed building. (Former Section INL#316.3-7(b)(1))
45.1.5.2.2The number of vehicles that may be parked on the premises at any time shall be determined by the Hearing Officer. All vehicles may be required to be kept behind an enclosed fenced area. (Former Section INL#316.3-6(b)(2))
45.1.5.2.3There shall be no parking or storage of damaged vehicles except on a temporary basis which is not to exceed 72 hours. Junk parts and junk vehicles shall not be kept outside the building. Fencing or screening may be required. (Former Section INL#316.3-6(b) (3))
45.1.5.2.4The applicant shall maintain a service agreement with a competent waste handler chosen from a list provided by the Hazardous Waste Management Section of the State Department of Health Services, for the periodic removal and recycling of all batteries, gasoline, oil, transmission fluid, brake fluid, and other solvents and chemical agents. Interim storage of such materials shall be in a manner satisfactory to the County Health Department. (Former Section INL#316.3-6(b)(4); Added by Ord. 1737 Sec. 2, 5/20/86; Amended by Ord. 1842, Sec. 14, 8/16/88)
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45.1 COTTAGE INDUSTRY ¶
45.1.1 Purpose. The purpose of these regulations is to establish development standards and limitations for the operation and maintenance of cottage industries in Humboldt County.(Former Section INL#316.3-1; Added by Ord. 1737, Sec. 2, 5/20/86)
45.1.2 Applicability. ¶
45.1.2.1Notwithstanding any other provisions of this Code to the contrary, Cottage Industries, as defined in this Code, that meet all the criteria of the following Performance Standards section, shall be permitted as appurtenant and accessory uses to a principally permitted residential use in any FR, TPZ, AE, AG, RS, R-1 or U zone district. (Former Section INL#316.3-2; Added by Ord. 1737 Sec. 2, 5/20/86, Amended by Ord. 2166, 4/7/98)
45.1.2.2Cottage Industries that do not meet all the criteria of the following Performance Standards section, may be permitted as an accessory use with a Special Permit subject to the provisions of this chapter, in any of the following zoning districts: FR, TPZ, AE, AG, RS, R-1 and U. (Former Section INL#316.3-2; Added by Ord. 1737 Sec. 2, 5/20/86; Amended by Ord. 2166, 4/7/98)
45.1.3 Performance Standards for Cottage Industries Permitted As Appurtenant and Accessory Uses. Cottage industries allowed as principally permitted appurtenant and accessory uses to existing residential uses shall comply with all the following performance standards: (Former Section INL#316.3-3; Amended by Ord. 2166, 4/7/98)
45.1.3.1The cottage industry shall conform with the development standards in the applicable zoning district; and (Former Section INL#316.3-3(a); Amended by Ord. 2166, 4/7/98)
45.1.3.2The dwelling on the site shall be occupied by the owner of the cottage industry; and (Former Section INL#316.3-3(b); Amended by Ord. 2166, 4/7/98)
45.1.3.3The cottage industry shall occupy no more than twenty-five percent (25%) or 1,000 square feet (whichever is less) of the floor area of the dwelling or accessory structure in which the cottage industry is located; and (Former Section INL#316.3-3(c); Amended by Ord. 2166, 4/7/98)
45.1.3.4The cottage industry shall not produce evidence of its existence in the external appearance of the dwelling or premises, or in the creation of noise, odors, smoke or other nuisances to a degree greater than that normal for the neighborhood; and (Former Section INL#316.3-3(d); Amended by Ord. 2166, 4/7/98)
45.1.3.5There shall be no structural, electrical or plumbing alterations necessary for the cottage industry which are not customarily found in dwellings or residential accessory structures; and (Former Section INL#316.3-3(e); Amended by Ord. 2166, 4/7/98)
45.1.3.6No persons other than residents of the dwelling shall be employed to conduct the cottage industry; and (Former Section INL#316.3-3(f); Amended by Ord. 2166, 4/7/98)
45.1.3.7There shall be no sale of merchandise on the premises; and (Former Section INL#316.3-3(g); Amended by Ord. 2166, 4/7/98)
45.1.3.8All noise generating operations shall be buffered so that they do not exceed the exterior ambient noise level anywhere on the site by more than 5 dB(a), or an equivalent standard which achieves comparable results; and (Former Section INL#316.3-3(h); Amended by Ord. 2166, 4/7/98)
45.1.3.9All lights shall be directed on site and shielded to reduce glare to adjacent areas; and (Former Section INL#316.3-3(i); Amended by Ord. 2166, 4/7/98)
45.1.3.10The use shall not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which it is located; and (Former Section INL#316.3-3(j); Amended by Ord. 2166, 4/7/98)
45.1.3.11No perceptible vibrations shall be permitted off the building site; and (Former Section INL#316.3-3(k); Amended by Ord. 2166, 4/7/98)
45.1.3.12No visual or audible interference of radio or television reception by operations shall be permitted. (Former Section INL#316.3-3(l); Amended by Ord. 2166, 4/7/98)
45.1.3.13All manufacturing and fabricating areas shall be enclosed in buildings. (Former Section INL#316.3-3(m); Amended by Ord. 2166, 4/7/98)
45.1.3.14Hours of operation shall be 9 AM to 5 PM Monday through Friday. (Former Section INL#316.3-3(n); Amended by Ord. 2166, 4/7/98)
45.1.3.15One sign is permitted advertising the cottage industry, not exceeding two (2) square feet, that is non-moving, and which has illumination, if any, which is non-flashing. (Former Section INL#316.3-3(o); Amended by Ord. 2166, 4/7/98)
45.1.3.16The total land area occupied by the cottage industry and the principal use including portions of the lot occupied by buildings, storage areas and work places devoted to the cottage industry shall not exceed two (2) acres or the maximum coverage allowed in the zone district, whichever is less. (Former Section INL#316.3-3(p); Amended by Ord. 2166, 4/7/98)
45.1.3.17A business license shall be approved for the Cottage Industry. (Former Section INL#316.3-3(q); Amended by Ord. 2166, 4/7/98)
45.1.4 Modification of Performance Standards for Cottage Industries Allowed With a Special Permit. With a Special Permit, the Hearing Officer may modify the performance standards in subsections 314-45.1.3.3, 45.1.3.5, 45.1.3.6, 45.1.3.7, 45.1.3.10, 45.1.3.13, 45.1.3.14, 45.1.3.15 and 45.1.3.16. (Former Section INL#316.3-4, 5/20/86; Amended by Ord. 2166, 4/7/98)
45.1.5 Auto Repair as a Cottage Industry.
45.1.5.1 Applicability. With a Use Permit, auto repair as a cottage industry may be permitted in the TPZ, AE, AG and FR Zones when located outside Community Planning Areas, or when specifically authorized by the Community Plan and located outside Urban Expansion Areas. (Former Section INL#316.3-6(a)(1))
45.1.5.2 Performance Standards.
45.1.5.2.1All activities shall be conducted in an enclosed building. (Former Section INL#316.3-7(b)(1))
45.1.5.2.2The number of vehicles that may be parked on the premises at any time shall be determined by the Hearing Officer. All vehicles may be required to be kept behind an enclosed fenced area. (Former Section INL#316.3-6(b)(2))
45.1.5.2.3There shall be no parking or storage of damaged vehicles except on a temporary basis which is not to exceed 72 hours. Junk parts and junk vehicles shall not be kept outside the building. Fencing or screening may be required. (Former Section INL#316.3-6(b) (3))
45.1.5.2.4The applicant shall maintain a service agreement with a competent waste handler chosen from a list provided by the Hazardous Waste Management Section of the State Department of Health Services, for the periodic removal and recycling of all batteries, gasoline, oil, transmission fluid, brake fluid, and other solvents and chemical agents. Interim storage of such materials shall be in a manner satisfactory to the County Health Department. (Former Section INL#316.3-6(b)(4); Added by Ord. 1737 Sec. 2, 5/20/86; Amended by Ord. 1842, Sec. 14, 8/16/88)
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46.1 DAY SHELTERS ¶
46.1.1 Purpose. The purpose of these regulations is to allow and facilitate development of day shelters, which are emergency shelters that provide services to people experiencing homelessness but do not provide overnight accommodations. Day shelters must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
46.1.2 Applicability. Day shelters as defined in this Code, that meet all of the following requirements, are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts except as otherwise specified.
46.1.3 Site Requirements.
46.1.3.1Day shelters must have on-site staff through a provider.
46.1.3.2Exterior lighting must be directed in a manner that does not cast light into neighboring properties and public rights-of-way.
46.1.3.3Common facilities may be provided for clients, including but not limited to cooking and dining, recreation, counseling, child care, and other support services.
46.1.4 Day Shelter Provider. The shelter must be operated by a provider who monitors compliance with its written management plan that specifies the hours of operation and describes the services provided.
46.1.4.1Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with low barrier practices. (Ord. 2719, § 2, 7/11/2023)
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46.1 DAY SHELTERS ¶
46.1.1 Purpose. The purpose of these regulations is to allow and facilitate development of day shelters, which are emergency shelters that provide services to people experiencing homelessness but do not provide overnight accommodations. Day shelters must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
46.1.2 Applicability. Day shelters as defined in this Code, that meet all of the following requirements, are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts except as otherwise specified.
46.1.3 Site Requirements.
46.1.3.1Day shelters must have on-site staff through a provider.
46.1.3.2Exterior lighting must be directed in a manner that does not cast light into neighboring properties and public rights-of-way.
46.1.3.3Common facilities may be provided for clients, including but not limited to cooking and dining, recreation, counseling, child care, and other support services.
46.1.4 Day Shelter Provider. The shelter must be operated by a provider who monitors compliance with its written management plan that specifies the hours of operation and describes the services provided.
46.1.4.1Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with low barrier practices. (Ord. 2719, § 2, 7/11/2023)
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47.1 EMERGENCY HOUSING UNDER SHELTER CRISIS DECLARATION ¶
47.1.1 Purpose. This section sets minimum local health and safety standards for structures within homeless shelters and facilities, effective for the duration of a shelter crisis declared under California Government Code Section 8698.4 and its subparts. The purpose of these standards is to mitigate the negative effects of the shelter crisis within the County while preserving the public health and safety of all of its citizens.
47.1.2 Applicability. This section applies to any Humboldt County facility for persons experiencing homelessness, including any facility for that purpose defined in this Code, that is located or constructed on any land owned or leased by the County of Humboldt, or land owned or leased jointly by the County and another public entity, for the duration of the crisis.
47.1.2.1 Joint Powers Agreements. The County’s declaration of a shelter crisis and this section will apply to any land owned or leased by an agency or entity created pursuant to the Joint Exercise of Powers Act (California Government Code commencing with Section 6500) if the County is one (1) of the parties to the agreement creating the entity or agency and the real property owned or leased by the agency or entity is located within the jurisdiction of the County, or City and County.
47.1.3 Emergency Housing Standards Apply. Emergency shelters, low barrier navigation centers, safe parking, and any other facility defined in this Code serving persons experiencing homelessness, and that is located or constructed on County, or County- and Cityowned property, must comply with California Residential Code Appendix X and California Building Code Appendix O (collectively referred to as “emergency housing standards”) and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. The emergency housing standards are hereby adopted by the County of Humboldt, and apply to emergency housing and emergency housing facilities, as defined in Appendix O, Section O102, of the California Building Code.
47.1.4 Reporting Requirements. Providers operating facilities under the scope of this section must track and report to the County, at least annually, by September 30th of each year:
47.1.4.1The total number of residents or clients served in the facility, by month;
47.1.4.2The total number of those served whose residence was or is a vehicle;
47.1.4.3The total number of residents who have moved from the homeless shelter into permanent supportive housing;
47.1.4.4The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing;
47.1.4.5The total number of residents who have exited the system;
47.1.4.6The bed capacity of the facility, excluding safe parking for homeless persons.
47.2 EMERGENCY SHELTERS ¶
47.2.1 Purpose. The purpose of these regulations is to increase development of emergency shelters and services for people who are experiencing homelessness and to establish development standards. No individual or household may be denied housing and shelter because of inability to pay.
- 47.2.2 Applicability. These regulations apply to emergency shelters as defined in Section 314 140 and elsewhere in this Code, in all zones where those shelters are permitted.
47.2.3 General Provisions. Emergency shelters that meet all of the following requirements are principally permitted in the C-1, C-2, C- 3, ML, R-3, MU1 and MU2 zoning districts. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except as follows in Section 47.2.4.
47.2.4 Development Standards. ¶
47.2.4.1 Lighting. Adequate external lighting must be provided. The lighting must be stationary, and directed away from adjacent properties and public rights-of-way.
47.2.4.2 Common Facilities. Common facilities may be provided for cooking and dining, recreation, counseling, child care, and other support services, for use of the residents and staff. Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with low barrier practices.
47.2.4.3 Waiting and Intake Area. If client intake occurs on site, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way. The area must be at least ten percent (10%) of the total square footage of the shelter, and must be located outside of the yard setbacks.
47.2.4.4 Security. The agency or organization operating the shelter (provider) must provide security for residents, visitors and employees during hours that the emergency shelter is in operation.
47.2.4.5 Emergency Shelter Provider. The agency or organization operating the shelter must comply with the following requirements:
47.2.4.5.1The provider must have a written management plan that specifies the hours of operation and the number of beds up to a maximum of fifty (50) beds.
47.2.4.5.2Temporary shelter must be available to residents for no more than six (6) months, with review and renewal as specified in the provider’s management plan.
47.2.4.6 Maximum Unit Density. Homeless shelters located in residential districts, when not developed in an individual dwelling unit format, are not subject to the density standard of the General Plan, but the number of beds must be limited to fifty (50). In no case may occupancy of the facility exceed the limit set forth in the adopted Airport Land Use Plan.
47.2.4.7 Proximity to Other Emergency Shelters. Principally permitted emergency shelters may not be located within three hundred (300) feet of each other.
47.2.4.8 Exceptions. Exceptions to each of the development standards in Sections 47.2.4.1 through 47.2.4.7 may be allowed with a special permit.
- Note: Section 47.2 was previously codified as Section 47.1, Emergency Shelters, and has been renumbered to be Section 47.2 at the County’s request to accommodate the new Section 47.1, Emergency Housing Under Shelter Crisis Declaration, added by Ord. 2695.
47.3 EMPLOYEE HOUSING ¶
47.3.1 Purpose. This Employee Housing Ordinance is intended to regulate the establishment of employee housing as governed by the Employee Housing Act, California Health and Safety Code Section 17000 et seq., and to provide procedures and objective standards to facilitate permitting such employee housing appropriately. In the event that any provision in this chapter conflicts with State law, State law shall supersede in that specific conflict.
47.3.2 Applicability. These sections apply when dwelling units are or are proposed to be used as employee housing on behalf of an employer, in the manner described by the Employee Housing Act, California Health and Safety Code Section 17000 et seq.
Employee Housing Definitions
47.3.3“Agricultural employee” shall have the same meaning as defined in Section 1140.4(b) of the California Labor Code.
47.3.4“Agricultural employee housing” shall mean employee housing for agricultural employees.
47.3.5“Agricultural employer” shall have the same meaning as defined in Section 1140.4(c) of the California Labor Code.
47.3.6“Employee housing” means any portion of any housing accommodation, or property upon which a housing accommodation is located, comprised of either of the following sets of features:
47.3.6.1 Linked Employee Housing. All of the following factors:
47.3.6.1.1The accommodations consist of any of the following, inclusive of those maintained in one (1) or more buildings or on one (1) or more sites, the premises upon which they are situated, and the area set aside and provided for parking of mobile homes or camping:
47.3.6.1.1.1Living quarters;
47.3.6.1.1.2Dwelling;
47.3.6.1.1.3Boardinghouse;
47.3.6.1.1.4Tent; 47.3.6.1.1.5Bunkhouse;
47.3.6.1.1.6Mobile home, travel trailer, or recreational vehicle;
47.3.6.1.1.7Manufactured home; or
47.3.6.1.1.8Other housing accommodations;
47.3.6.1.2The accommodations serve five (5) or more employees; and
47.3.6.1.3The accommodations are maintained in connection with any work or any place where work is being performed; or
47.3.6.2 Unlinked Agricultural Employee Housing. All of the following factors:
47.3.6.2.1The accommodations serve five (5) or more agricultural employees of any agricultural employer(s) for either of the following:
47.3.6.2.1.1Temporary or seasonal residency; or
47.3.6.2.1.2Permanent residency in either of the following cases:
47.3.6.2.1.2.1If the housing accommodation is a mobile home, manufactured home, travel trailer, or recreational vehicle; or
47.3.6.2.1.2.2If the housing accommodation is subject to State Housing Law, is more than thirty (30) years old, and at least fifty-one percent (51%) of the structures or, if not separated into units, of the accommodation are occupied by agricultural employees;
47.3.6.2.2The accommodations are not a single-family dwelling, multifamily dwelling, hotel, motel, or inn. However, if any of the following factors exist, the accommodations may be those unit types:
47.3.6.2.2.1The housing is offered and rented to nonagricultural employees on different terms from the terms it is offered and rented to agricultural employees;
47.3.6.2.2.2Negotiation of the terms of occupancy of the housing is not conducted separately between each occupant and either the owner of the housing or a manager of the property employed by that owner;
47.3.6.2.2.3Any of the occupants are employed by any party with an interest in the housing, such as the owner or property manager;
47.3.6.2.2.4Any of the occupants have rent deducted from their wages;
47.3.6.2.2.5The owner or property manager of the housing is an agricultural employer, or an agent of an agricultural employer for the housing;
47.3.6.2.2.6The occupants are required to live in the housing as a condition of employment or of securing employment;
47.3.6.2.2.7The occupants were referred to live in the housing by their employer, their employer’s agent, or an agricultural employer; or
47.3.6.2.2.8The accommodation was at any time before January 1, 1984, compliant with the definition of employee housing described by subsection 314-47.3.6.1, or Section 17008(a) of the California Health and Safety Code;
47.3.6.2.3If the accommodations are permanent single-family employee housing, as defined by Section 17010(d) of the California Health and Safety Code (which includes single-family detached dwellings, mobile homes, and manufactured homes), a hotel, a motel, or an inn, then the accommodation must be, or have been, maintained as employee housing, consistent with the description of employee housing from subsection 314-47.3.6.1;
47.3.6.2.4The accommodations or the property are not provided by an agricultural employer; and
47.3.6.2.5The accommodations are not maintained in connection with any work or workplace.
47.3.7“Small-scale employee housing” means employee housing which provides accommodations for five (5) or six (6) employees. This excludes any boarding house, hotel, dormitory, or other similar term that may imply such housing is a business run for profit or differs in any other way from a single-family dwelling. Small-scale employee housing is a Single-Family Residential use and shall be permitted in all zones under the same terms that a Single-Family Residence would be permitted within the same zone, with no additional fees.
47.3.8“Large-scale employee housing” means employee housing which provides accommodations in the form of no more than thirtysix (36) beds in a group quarters or no more than twelve (12) units or spaces each designed for use by a single-family or household. Employee housing approved as Eligible Agricultural Employee Housing shall also be treated as large-scale employee housing for all purposes except this density limitation and the permitting requirements specific to eligible agricultural housing developments. Largescale employee housing is a General Agricultural use and shall be permitted in all zones under the same terms that an alternative agricultural use would be permitted with in the same zone, with no additional fees.
47.3.8.1Large-scale employee housing shall not be construed to exclude small-scale employee housing.
47.3.9For the purposes of Use Type and zoning compatibility, Employee Housing Developments are not considered Accessory Dwelling Units.
47.3.10Employee housing meeting the definitions in subsection 314-47.3.6 is subject to permitting by the California Department of Housing and Community Development.
47.3.11Employee housing meeting the definitions in subsection 314-47.3.6 shall be interpreted to be included within the definition of “labor camp” as used within this division.
Agricultural Employee Housing Rehabilitation
47.3.12Pursuant to Section 17021(b) of California Health and Safety Code, if directly associated with agricultural employee housing, the following processing requirements apply to building permits and grading permits for the rehabilitation of real property improvements and to Department of Health and Human Services permits for the operation, construction, and repair of water systems or waste disposal systems:
47.3.12.1Complete applications shall be approved or denied by the appropriate department within sixty (60) calendar days of submittal and payment, in addition to applicable Permit Streamlining Act requirements.
47.3.12.1.1Denials on procedural grounds may only occur within thirty (30) calendar days. Such procedural denials require itemization of the procedural defects.
47.3.12.1.2Denials may occur on substantive grounds at any time within the sixty (60) day time frame. Such substantive denials require itemization of all the substantive defects.
- 47.3.12.2If the time frame from subsection 314 47.3.12.1 is not met, the California Department of Housing and Community Development (HCD) may review and approve the application, at the County’s expense.
47.3.12.2.1Such HCD approval shall be given the same value as local approval.
47.3.12.2.2The County may later identify defects in the project that would have resulted in denial of the proposal. The County may communicate those defects to the applicant, and the applicant shall correct them.
47.3.12.2.3The County remains responsible for issuing a certificate of completion if applicable and sufficiently resolved.
47.3.13The processing requirements of subsection 314-47.3.12 do not inherently create an exemption from the California Environmental Quality Act.
Zoning Clearance Certificates for Eligible Agricultural Employee Housing Developments
47.3.14If an applicant proposes an eligible agricultural employee housing development on a site with an agricultural land use (AG, AE, and T), then the proposal may be approved subject to a Zoning Clearance Certificate if all the following conditions are satisfied:
47.3.14.1The development satisfies all of the following for eligibility:
47.3.14.1.1The proposed agricultural employee housing development consists of no more than thirty-six (36) units or spaces each designed for use by a single family;
47.3.14.1.2The agricultural employee housing does not contain dormitory-style housing;
47.3.14.1.3If consistent with the definition of employee housing in subsection 314-47.3.6.2 but inconsistent with the definition of employee housing in subsection 314-47.3.6.1, the agricultural employee housing is in a rural area;
47.3.14.1.4The proposed agricultural housing is not ineligible for State funding due to association with the employment of any H-2Adesignated temporary or seasonal agricultural workers, pursuant to Section 50205(b)(1) of California Health and Safety Code or Section 50517.10(b)(1) of California Health and Safety Code; and
47.3.14.1.5The agricultural employee housing will be maintained and operated by a qualified affordable housing organization that has been certified pursuant to Section 17030.10 of California Health and Safety Code and the following applicable conditions shall be met:
47.3.14.1.5.1The applicant shall submit proof of issuance of the qualified affordable housing organization’s certification from the State of California; and
47.3.14.1.5.2The qualified affordable housing organization shall provide for on-site management of the development. However, if the organization is a local public housing agency, State agency, or public multi-jurisdictional agency, that agency may either directly maintain and operate the housing development or contract such responsibilities with another qualified affordable housing organization that has been certified pursuant to Section 17030.10 of California Health and Safety Code;
47.3.14.2The development is not located on a site that is any of the following:
47.3.14.2.1On wetlands, as defined in subsection 314-61.1.7.6.5;
47.3.14.2.2Within a Very High Fire Hazard Severity Zone, as identified by the State Fire Marshal pursuant to Section 51178 of the California Government Code, or within a High or Very High Fire Hazard Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code;
47.3.14.2.3A hazardous waste site, listed pursuant to Section 65962.5 of the California Government Code or designated by the Department of Toxic Substances Control pursuant to Section 78760 et seq. of California Health and Safety Code. The Department of Toxic Substances Control may, in writing, clear such designations for residential or residential mixed uses;
47.3.14.2.4Within a delineated earthquake fault zone, as determined and mapped by the State Geologist, unless the development complies with local and State seismic protection building code standards;
47.3.14.2.5Within a flood plain, as mapped by the Federal Emergency Management Agency (FEMA), unless the development has been issued a flood plain development permit pursuant to: Part 59 and Part 60 of Subchapter B of I of Title 44 of the Code of Federal Regulations;
47.3.14.2.6Within a floodway, as mapped by the Federal Emergency Management Agency (FEMA);
47.3.14.2.7Lands under a conservation easement, exclusive of lands identified by Williamson Act contracts;
47.3.14.2.8Lands identified for conservation based on any of the following:
47.3.14.2.8.1Adopted natural community conservation plan, pursuant to the Natural Community Conservation Planning Act;
47.3.14.2.8.2A habitat conservation plan, pursuant to the Federal Endangered Species Act of 1973; or
47.3.14.2.8.3Another adopted natural resource plan;
47.3.14.2.9Lands with groundwater levels within five (5) feet of the soil surface if the development would be served by an on-site wastewater treatment system (OWTS) that would serve more than six (6) single-family housing units;
47.3.14.3The development meets the following development standards:
47.3.14.3.1The development provides sufficient parking per unit on site, either one (1) space per dwelling unit or as required of Section 314-109.1.3 for a similarly sized residential development, whichever is less (Section 17021.8(e)(3) of Health and Safety Code);
47.3.14.3.1.1If the development takes access from a County-maintained roadway, then, if permissible by Section 314-109.1 et seq. and opted for by the applicant, the parking lane alternative to on-site parking shall be constructed in a manner approved by the Public Works Department;
47.3.14.3.2The development features a potable water supply capable of providing at least forty-two (42) gallons of water for drinking, cooking, bathing, and laundry purposes to each person each day at a peak rate of two and one-half (2.5) times the average hourly demand (Section 17021.8(e)(1)(A) of Health and Safety Code);
47.3.14.3.3The development provides functional indoor plumbing facilities with distribution lines able to supply water at normal operating pressures to all fixtures when operated at the same time, including at minimum (Section 17021.8(e)(4) of Health and Safety Code):
47.3.14.3.3.1At least one (1) sink per unit;
47.3.14.3.3.2At least one (1) private toilet facility per two (2) bedrooms within two hundred (200) feet of the door of each bedroom, all kept in a sanitary condition;
47.3.14.3.3.3At least one (1) private bath or shower per unit; and
47.3.14.3.3.4Laundry facilities, including washer and dryer;
47.3.14.3.4The development includes floor drains in all showers, baths, shower rooms, and laundry rooms (Section 17021.8(e)(4) of Health and Safety Code);
47.3.14.3.5The development includes adequate wastewater management facilities consisting of either of the following:
47.3.14.3.5.1At least one (1) on-site wastewater treatment system, permitted by the Department of Health and Human Services, Division of Environmental Health (DEH) for the proposed number of dwelling units (Section 17021.8(e)(1)(A) of Health and Safety Code); or
47.3.14.3.5.2Connection to a municipal sewer system that has provided a will-serve letter for the proposed development (Section 17021.8(e)(1)(C) of Health and Safety Code);
47.3.14.3.6The development features an energy source capable of consistently providing at least twenty (20) kilowatt-hours (kWh) per day to each household (Section 17021.8(e)(1)(A) of Health and Safety Code); and
47.3.14.3.7The development provides indoor living spaces of at least three hundred fifty (350) square feet per household, with one hundred seventy-five (175) square feet of additional living space per additional occupant (Section 17021.8(e)(4) of Health and Safety Code).
All these development standards shall be met prior to occupancy of the employee housing development or building permit “final” issuance.
47.3.15The County shall provide written notice to the applicant within thirty (30) days of submission if the proposed agricultural employee housing development does not meet the requirements listed in subsection 314-47.3.14. Such written documentation shall identify which requirement or requirements are not met and shall provide an explanation of the reasons the development does not meet those requirements.
47.3.15.1If the notice is not provided within thirty (30) days, the requirements of subsection 314-47.3.14.2 shall be deemed to be met. An agricultural housing development is still required to meet the conditions of subsection 314-47.3.14.1 to remain eligible for a Zoning Clearance Certificate.
47.3.16The County shall grant a Zoning Clearance Certificate for an eligible agricultural employee housing development, in accordance with this section, unless the County can make a written finding, based upon substantial evidence, of any of the following:
47.3.16.1The proposed development does not comply with the development standards, requirements, and conditions set forth in subsection 314-47.3.14;
47.3.16.2The proposed development is likely to have a specific, adverse impact, as defined in Section 17021.8(h)(2) of the California Health and Safety Code, upon public health or safety, and for which the County determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income households or rendering the development financially infeasible; or
47.3.16.3The proposed agricultural employee housing development would be contrary to State or Federal law.
47.3.17Approval of a Zoning Clearance Certificate for an eligible agricultural employee housing development shall include recording an affordability covenant to the subject property, restricting the rent of the agricultural housing to levels affordable to lower-income households for at least fifty-five (55) years.
47.3.18Approval of a Zoning Clearance Certificate for an eligible agricultural employee housing development is not required for development that may otherwise be approved administratively as small-scale or large-scale employee housing.
47.3.19In accordance with Section 17021.8(f) of California Health and Safety Code, the analysis and approval or justified disapproval of a Zoning Clearance Certificate for an eligible Agricultural Employee Housing Development are not discretionary acts for the purposes of the California Environmental Quality Act (CEQA), Division 13 of the California Public Resources Code.
47.3.20In accordance with Section 17021.8(g) of California Health and Safety Code, permits for eligible agricultural employee housing developments are subject to the standard fees required of Zoning Clearance Certificates. (Ord. 2472, § 1, 2/14/2012; Ord. 2695, § 2, 6/7/2022; Ord. 2719, § 3, 7/11/2023; Ord. 2781, § 2, 1/13/2026) Your Selections
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47.1 EMERGENCY HOUSING UNDER SHELTER CRISIS DECLARATION ¶
47.1.1 Purpose. This section sets minimum local health and safety standards for structures within homeless shelters and facilities, effective for the duration of a shelter crisis declared under California Government Code Section 8698.4 and its subparts. The purpose of these standards is to mitigate the negative effects of the shelter crisis within the County while preserving the public health and safety of all of its citizens.
47.1.2 Applicability. This section applies to any Humboldt County facility for persons experiencing homelessness, including any facility for that purpose defined in this Code, that is located or constructed on any land owned or leased by the County of Humboldt, or land owned or leased jointly by the County and another public entity, for the duration of the crisis.
47.1.2.1 Joint Powers Agreements. The County’s declaration of a shelter crisis and this section will apply to any land owned or leased by an agency or entity created pursuant to the Joint Exercise of Powers Act (California Government Code commencing with Section 6500) if the County is one (1) of the parties to the agreement creating the entity or agency and the real property owned or leased by the agency or entity is located within the jurisdiction of the County, or City and County.
47.1.3 Emergency Housing Standards Apply. Emergency shelters, low barrier navigation centers, safe parking, and any other facility defined in this Code serving persons experiencing homelessness, and that is located or constructed on County, or County- and Cityowned property, must comply with California Residential Code Appendix X and California Building Code Appendix O (collectively referred to as “emergency housing standards”) and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. The emergency housing standards are hereby adopted by the County of Humboldt, and apply to emergency housing and emergency housing facilities, as defined in Appendix O, Section O102, of the California Building Code.
47.1.4 Reporting Requirements. Providers operating facilities under the scope of this section must track and report to the County, at least annually, by September 30th of each year:
47.1.4.1The total number of residents or clients served in the facility, by month;
47.1.4.2The total number of those served whose residence was or is a vehicle;
47.1.4.3The total number of residents who have moved from the homeless shelter into permanent supportive housing;
47.1.4.4The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing;
47.1.4.5The total number of residents who have exited the system;
47.1.4.6The bed capacity of the facility, excluding safe parking for homeless persons.
47.2 EMERGENCY SHELTERS ¶
47.2.1 Purpose. The purpose of these regulations is to increase development of emergency shelters and services for people who are experiencing homelessness and to establish development standards. No individual or household may be denied housing and shelter because of inability to pay.
- 47.2.2 Applicability. These regulations apply to emergency shelters as defined in Section 314 140 and elsewhere in this Code, in all zones where those shelters are permitted.
47.2.3 General Provisions. Emergency shelters that meet all of the following requirements are principally permitted in the C-1, C-2, C- 3, ML, R-3, MU1 and MU2 zoning districts. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except as follows in Section 47.2.4.
47.2.4 Development Standards. ¶
47.2.4.1 Lighting. Adequate external lighting must be provided. The lighting must be stationary, and directed away from adjacent properties and public rights-of-way.
47.2.4.2 Common Facilities. Common facilities may be provided for cooking and dining, recreation, counseling, child care, and other support services, for use of the residents and staff. Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with low barrier practices.
47.2.4.3 Waiting and Intake Area. If client intake occurs on site, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way. The area must be at least ten percent (10%) of the total square footage of the shelter, and must be located outside of the yard setbacks.
47.2.4.4 Security. The agency or organization operating the shelter (provider) must provide security for residents, visitors and employees during hours that the emergency shelter is in operation.
47.2.4.5 Emergency Shelter Provider. The agency or organization operating the shelter must comply with the following requirements:
47.2.4.5.1The provider must have a written management plan that specifies the hours of operation and the number of beds up to a maximum of fifty (50) beds.
47.2.4.5.2Temporary shelter must be available to residents for no more than six (6) months, with review and renewal as specified in the provider’s management plan.
47.2.4.6 Maximum Unit Density. Homeless shelters located in residential districts, when not developed in an individual dwelling unit format, are not subject to the density standard of the General Plan, but the number of beds must be limited to fifty (50). In no case may occupancy of the facility exceed the limit set forth in the adopted Airport Land Use Plan.
47.2.4.7 Proximity to Other Emergency Shelters. Principally permitted emergency shelters may not be located within three hundred (300) feet of each other.
47.2.4.8 Exceptions. Exceptions to each of the development standards in Sections 47.2.4.1 through 47.2.4.7 may be allowed with a special permit.
- Note: Section 47.2 was previously codified as Section 47.1, Emergency Shelters, and has been renumbered to be Section 47.2 at the County’s request to accommodate the new Section 47.1, Emergency Housing Under Shelter Crisis Declaration, added by Ord. 2695.
47.3 EMPLOYEE HOUSING ¶
47.3.1 Purpose. This Employee Housing Ordinance is intended to regulate the establishment of employee housing as governed by the Employee Housing Act, California Health and Safety Code Section 17000 et seq., and to provide procedures and objective standards to facilitate permitting such employee housing appropriately. In the event that any provision in this chapter conflicts with State law, State law shall supersede in that specific conflict.
47.3.2 Applicability. These sections apply when dwelling units are or are proposed to be used as employee housing on behalf of an employer, in the manner described by the Employee Housing Act, California Health and Safety Code Section 17000 et seq.
Employee Housing Definitions
47.3.3“Agricultural employee” shall have the same meaning as defined in Section 1140.4(b) of the California Labor Code.
47.3.4“Agricultural employee housing” shall mean employee housing for agricultural employees.
47.3.5“Agricultural employer” shall have the same meaning as defined in Section 1140.4(c) of the California Labor Code.
47.3.6“Employee housing” means any portion of any housing accommodation, or property upon which a housing accommodation is located, comprised of either of the following sets of features:
47.3.6.1 Linked Employee Housing. All of the following factors:
47.3.6.1.1The accommodations consist of any of the following, inclusive of those maintained in one (1) or more buildings or on one (1) or more sites, the premises upon which they are situated, and the area set aside and provided for parking of mobile homes or camping:
47.3.6.1.1.1Living quarters;
47.3.6.1.1.2Dwelling;
47.3.6.1.1.3Boardinghouse;
47.3.6.1.1.4Tent; 47.3.6.1.1.5Bunkhouse;
47.3.6.1.1.6Mobile home, travel trailer, or recreational vehicle;
47.3.6.1.1.7Manufactured home; or
47.3.6.1.1.8Other housing accommodations;
47.3.6.1.2The accommodations serve five (5) or more employees; and
47.3.6.1.3The accommodations are maintained in connection with any work or any place where work is being performed; or
47.3.6.2 Unlinked Agricultural Employee Housing. All of the following factors:
47.3.6.2.1The accommodations serve five (5) or more agricultural employees of any agricultural employer(s) for either of the following:
47.3.6.2.1.1Temporary or seasonal residency; or
47.3.6.2.1.2Permanent residency in either of the following cases:
47.3.6.2.1.2.1If the housing accommodation is a mobile home, manufactured home, travel trailer, or recreational vehicle; or
47.3.6.2.1.2.2If the housing accommodation is subject to State Housing Law, is more than thirty (30) years old, and at least fifty-one percent (51%) of the structures or, if not separated into units, of the accommodation are occupied by agricultural employees;
47.3.6.2.2The accommodations are not a single-family dwelling, multifamily dwelling, hotel, motel, or inn. However, if any of the following factors exist, the accommodations may be those unit types:
47.3.6.2.2.1The housing is offered and rented to nonagricultural employees on different terms from the terms it is offered and rented to agricultural employees;
47.3.6.2.2.2Negotiation of the terms of occupancy of the housing is not conducted separately between each occupant and either the owner of the housing or a manager of the property employed by that owner;
47.3.6.2.2.3Any of the occupants are employed by any party with an interest in the housing, such as the owner or property manager;
47.3.6.2.2.4Any of the occupants have rent deducted from their wages;
47.3.6.2.2.5The owner or property manager of the housing is an agricultural employer, or an agent of an agricultural employer for the housing;
47.3.6.2.2.6The occupants are required to live in the housing as a condition of employment or of securing employment;
47.3.6.2.2.7The occupants were referred to live in the housing by their employer, their employer’s agent, or an agricultural employer; or
47.3.6.2.2.8The accommodation was at any time before January 1, 1984, compliant with the definition of employee housing described by subsection 314-47.3.6.1, or Section 17008(a) of the California Health and Safety Code;
47.3.6.2.3If the accommodations are permanent single-family employee housing, as defined by Section 17010(d) of the California Health and Safety Code (which includes single-family detached dwellings, mobile homes, and manufactured homes), a hotel, a motel, or an inn, then the accommodation must be, or have been, maintained as employee housing, consistent with the description of employee housing from subsection 314-47.3.6.1;
47.3.6.2.4The accommodations or the property are not provided by an agricultural employer; and
47.3.6.2.5The accommodations are not maintained in connection with any work or workplace.
47.3.7“Small-scale employee housing” means employee housing which provides accommodations for five (5) or six (6) employees. This excludes any boarding house, hotel, dormitory, or other similar term that may imply such housing is a business run for profit or differs in any other way from a single-family dwelling. Small-scale employee housing is a Single-Family Residential use and shall be permitted in all zones under the same terms that a Single-Family Residence would be permitted within the same zone, with no additional fees.
47.3.8“Large-scale employee housing” means employee housing which provides accommodations in the form of no more than thirtysix (36) beds in a group quarters or no more than twelve (12) units or spaces each designed for use by a single-family or household. Employee housing approved as Eligible Agricultural Employee Housing shall also be treated as large-scale employee housing for all purposes except this density limitation and the permitting requirements specific to eligible agricultural housing developments. Largescale employee housing is a General Agricultural use and shall be permitted in all zones under the same terms that an alternative agricultural use would be permitted with in the same zone, with no additional fees.
47.3.8.1Large-scale employee housing shall not be construed to exclude small-scale employee housing.
47.3.9For the purposes of Use Type and zoning compatibility, Employee Housing Developments are not considered Accessory Dwelling Units.
47.3.10Employee housing meeting the definitions in subsection 314-47.3.6 is subject to permitting by the California Department of Housing and Community Development.
47.3.11Employee housing meeting the definitions in subsection 314-47.3.6 shall be interpreted to be included within the definition of “labor camp” as used within this division.
Agricultural Employee Housing Rehabilitation
47.3.12Pursuant to Section 17021(b) of California Health and Safety Code, if directly associated with agricultural employee housing, the following processing requirements apply to building permits and grading permits for the rehabilitation of real property improvements and to Department of Health and Human Services permits for the operation, construction, and repair of water systems or waste disposal systems:
47.3.12.1Complete applications shall be approved or denied by the appropriate department within sixty (60) calendar days of submittal and payment, in addition to applicable Permit Streamlining Act requirements.
47.3.12.1.1Denials on procedural grounds may only occur within thirty (30) calendar days. Such procedural denials require itemization of the procedural defects.
47.3.12.1.2Denials may occur on substantive grounds at any time within the sixty (60) day time frame. Such substantive denials require itemization of all the substantive defects.
- 47.3.12.2If the time frame from subsection 314 47.3.12.1 is not met, the California Department of Housing and Community Development (HCD) may review and approve the application, at the County’s expense.
47.3.12.2.1Such HCD approval shall be given the same value as local approval.
47.3.12.2.2The County may later identify defects in the project that would have resulted in denial of the proposal. The County may communicate those defects to the applicant, and the applicant shall correct them.
47.3.12.2.3The County remains responsible for issuing a certificate of completion if applicable and sufficiently resolved.
47.3.13The processing requirements of subsection 314-47.3.12 do not inherently create an exemption from the California Environmental Quality Act.
Zoning Clearance Certificates for Eligible Agricultural Employee Housing Developments
47.3.14If an applicant proposes an eligible agricultural employee housing development on a site with an agricultural land use (AG, AE, and T), then the proposal may be approved subject to a Zoning Clearance Certificate if all the following conditions are satisfied:
47.3.14.1The development satisfies all of the following for eligibility:
47.3.14.1.1The proposed agricultural employee housing development consists of no more than thirty-six (36) units or spaces each designed for use by a single family;
47.3.14.1.2The agricultural employee housing does not contain dormitory-style housing;
47.3.14.1.3If consistent with the definition of employee housing in subsection 314-47.3.6.2 but inconsistent with the definition of employee housing in subsection 314-47.3.6.1, the agricultural employee housing is in a rural area;
47.3.14.1.4The proposed agricultural housing is not ineligible for State funding due to association with the employment of any H-2Adesignated temporary or seasonal agricultural workers, pursuant to Section 50205(b)(1) of California Health and Safety Code or Section 50517.10(b)(1) of California Health and Safety Code; and
47.3.14.1.5The agricultural employee housing will be maintained and operated by a qualified affordable housing organization that has been certified pursuant to Section 17030.10 of California Health and Safety Code and the following applicable conditions shall be met:
47.3.14.1.5.1The applicant shall submit proof of issuance of the qualified affordable housing organization’s certification from the State of California; and
47.3.14.1.5.2The qualified affordable housing organization shall provide for on-site management of the development. However, if the organization is a local public housing agency, State agency, or public multi-jurisdictional agency, that agency may either directly maintain and operate the housing development or contract such responsibilities with another qualified affordable housing organization that has been certified pursuant to Section 17030.10 of California Health and Safety Code;
47.3.14.2The development is not located on a site that is any of the following:
47.3.14.2.1On wetlands, as defined in subsection 314-61.1.7.6.5;
47.3.14.2.2Within a Very High Fire Hazard Severity Zone, as identified by the State Fire Marshal pursuant to Section 51178 of the California Government Code, or within a High or Very High Fire Hazard Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code;
47.3.14.2.3A hazardous waste site, listed pursuant to Section 65962.5 of the California Government Code or designated by the Department of Toxic Substances Control pursuant to Section 78760 et seq. of California Health and Safety Code. The Department of Toxic Substances Control may, in writing, clear such designations for residential or residential mixed uses;
47.3.14.2.4Within a delineated earthquake fault zone, as determined and mapped by the State Geologist, unless the development complies with local and State seismic protection building code standards;
47.3.14.2.5Within a flood plain, as mapped by the Federal Emergency Management Agency (FEMA), unless the development has been issued a flood plain development permit pursuant to: Part 59 and Part 60 of Subchapter B of I of Title 44 of the Code of Federal Regulations;
47.3.14.2.6Within a floodway, as mapped by the Federal Emergency Management Agency (FEMA);
47.3.14.2.7Lands under a conservation easement, exclusive of lands identified by Williamson Act contracts;
47.3.14.2.8Lands identified for conservation based on any of the following:
47.3.14.2.8.1Adopted natural community conservation plan, pursuant to the Natural Community Conservation Planning Act;
47.3.14.2.8.2A habitat conservation plan, pursuant to the Federal Endangered Species Act of 1973; or
47.3.14.2.8.3Another adopted natural resource plan;
47.3.14.2.9Lands with groundwater levels within five (5) feet of the soil surface if the development would be served by an on-site wastewater treatment system (OWTS) that would serve more than six (6) single-family housing units;
47.3.14.3The development meets the following development standards:
47.3.14.3.1The development provides sufficient parking per unit on site, either one (1) space per dwelling unit or as required of Section 314-109.1.3 for a similarly sized residential development, whichever is less (Section 17021.8(e)(3) of Health and Safety Code);
47.3.14.3.1.1If the development takes access from a County-maintained roadway, then, if permissible by Section 314-109.1 et seq. and opted for by the applicant, the parking lane alternative to on-site parking shall be constructed in a manner approved by the Public Works Department;
47.3.14.3.2The development features a potable water supply capable of providing at least forty-two (42) gallons of water for drinking, cooking, bathing, and laundry purposes to each person each day at a peak rate of two and one-half (2.5) times the average hourly demand (Section 17021.8(e)(1)(A) of Health and Safety Code);
47.3.14.3.3The development provides functional indoor plumbing facilities with distribution lines able to supply water at normal operating pressures to all fixtures when operated at the same time, including at minimum (Section 17021.8(e)(4) of Health and Safety Code):
47.3.14.3.3.1At least one (1) sink per unit;
47.3.14.3.3.2At least one (1) private toilet facility per two (2) bedrooms within two hundred (200) feet of the door of each bedroom, all kept in a sanitary condition;
47.3.14.3.3.3At least one (1) private bath or shower per unit; and
47.3.14.3.3.4Laundry facilities, including washer and dryer;
47.3.14.3.4The development includes floor drains in all showers, baths, shower rooms, and laundry rooms (Section 17021.8(e)(4) of Health and Safety Code);
47.3.14.3.5The development includes adequate wastewater management facilities consisting of either of the following:
47.3.14.3.5.1At least one (1) on-site wastewater treatment system, permitted by the Department of Health and Human Services, Division of Environmental Health (DEH) for the proposed number of dwelling units (Section 17021.8(e)(1)(A) of Health and Safety Code); or
47.3.14.3.5.2Connection to a municipal sewer system that has provided a will-serve letter for the proposed development (Section 17021.8(e)(1)(C) of Health and Safety Code);
47.3.14.3.6The development features an energy source capable of consistently providing at least twenty (20) kilowatt-hours (kWh) per day to each household (Section 17021.8(e)(1)(A) of Health and Safety Code); and
47.3.14.3.7The development provides indoor living spaces of at least three hundred fifty (350) square feet per household, with one hundred seventy-five (175) square feet of additional living space per additional occupant (Section 17021.8(e)(4) of Health and Safety Code).
All these development standards shall be met prior to occupancy of the employee housing development or building permit “final” issuance.
47.3.15The County shall provide written notice to the applicant within thirty (30) days of submission if the proposed agricultural employee housing development does not meet the requirements listed in subsection 314-47.3.14. Such written documentation shall identify which requirement or requirements are not met and shall provide an explanation of the reasons the development does not meet those requirements.
47.3.15.1If the notice is not provided within thirty (30) days, the requirements of subsection 314-47.3.14.2 shall be deemed to be met. An agricultural housing development is still required to meet the conditions of subsection 314-47.3.14.1 to remain eligible for a Zoning Clearance Certificate.
47.3.16The County shall grant a Zoning Clearance Certificate for an eligible agricultural employee housing development, in accordance with this section, unless the County can make a written finding, based upon substantial evidence, of any of the following:
47.3.16.1The proposed development does not comply with the development standards, requirements, and conditions set forth in subsection 314-47.3.14;
47.3.16.2The proposed development is likely to have a specific, adverse impact, as defined in Section 17021.8(h)(2) of the California Health and Safety Code, upon public health or safety, and for which the County determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income households or rendering the development financially infeasible; or
47.3.16.3The proposed agricultural employee housing development would be contrary to State or Federal law.
47.3.17Approval of a Zoning Clearance Certificate for an eligible agricultural employee housing development shall include recording an affordability covenant to the subject property, restricting the rent of the agricultural housing to levels affordable to lower-income households for at least fifty-five (55) years.
47.3.18Approval of a Zoning Clearance Certificate for an eligible agricultural employee housing development is not required for development that may otherwise be approved administratively as small-scale or large-scale employee housing.
47.3.19In accordance with Section 17021.8(f) of California Health and Safety Code, the analysis and approval or justified disapproval of a Zoning Clearance Certificate for an eligible Agricultural Employee Housing Development are not discretionary acts for the purposes of the California Environmental Quality Act (CEQA), Division 13 of the California Public Resources Code.
47.3.20In accordance with Section 17021.8(g) of California Health and Safety Code, permits for eligible agricultural employee housing developments are subject to the standard fees required of Zoning Clearance Certificates. (Ord. 2472, § 1, 2/14/2012; Ord. 2695, § 2, 6/7/2022; Ord. 2719, § 3, 7/11/2023; Ord. 2781, § 2, 1/13/2026) Your Selections
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47.1 EMERGENCY HOUSING UNDER SHELTER CRISIS DECLARATION ¶
47.1.1 Purpose. This section sets minimum local health and safety standards for structures within homeless shelters and facilities, effective for the duration of a shelter crisis declared under California Government Code Section 8698.4 and its subparts. The purpose of these standards is to mitigate the negative effects of the shelter crisis within the County while preserving the public health and safety of all of its citizens.
47.1.2 Applicability. This section applies to any Humboldt County facility for persons experiencing homelessness, including any facility for that purpose defined in this Code, that is located or constructed on any land owned or leased by the County of Humboldt, or land owned or leased jointly by the County and another public entity, for the duration of the crisis.
47.1.2.1 Joint Powers Agreements. The County’s declaration of a shelter crisis and this section will apply to any land owned or leased by an agency or entity created pursuant to the Joint Exercise of Powers Act (California Government Code commencing with Section 6500) if the County is one (1) of the parties to the agreement creating the entity or agency and the real property owned or leased by the agency or entity is located within the jurisdiction of the County, or City and County.
47.1.3 Emergency Housing Standards Apply. Emergency shelters, low barrier navigation centers, safe parking, and any other facility defined in this Code serving persons experiencing homelessness, and that is located or constructed on County, or County- and Cityowned property, must comply with California Residential Code Appendix X and California Building Code Appendix O (collectively referred to as “emergency housing standards”) and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. The emergency housing standards are hereby adopted by the County of Humboldt, and apply to emergency housing and emergency housing facilities, as defined in Appendix O, Section O102, of the California Building Code.
47.1.4 Reporting Requirements. Providers operating facilities under the scope of this section must track and report to the County, at least annually, by September 30th of each year:
47.1.4.1The total number of residents or clients served in the facility, by month;
47.1.4.2The total number of those served whose residence was or is a vehicle;
47.1.4.3The total number of residents who have moved from the homeless shelter into permanent supportive housing;
47.1.4.4The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing;
47.1.4.5The total number of residents who have exited the system;
47.1.4.6The bed capacity of the facility, excluding safe parking for homeless persons.
47.2 EMERGENCY SHELTERS ¶
47.2.1 Purpose. The purpose of these regulations is to increase development of emergency shelters and services for people who are experiencing homelessness and to establish development standards. No individual or household may be denied housing and shelter because of inability to pay.
- 47.2.2 Applicability. These regulations apply to emergency shelters as defined in Section 314 140 and elsewhere in this Code, in all zones where those shelters are permitted.
47.2.3 General Provisions. Emergency shelters that meet all of the following requirements are principally permitted in the C-1, C-2, C- 3, ML, R-3, MU1 and MU2 zoning districts. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except as follows in Section 47.2.4.
47.2.4 Development Standards. ¶
47.2.4.1 Lighting. Adequate external lighting must be provided. The lighting must be stationary, and directed away from adjacent properties and public rights-of-way.
47.2.4.2 Common Facilities. Common facilities may be provided for cooking and dining, recreation, counseling, child care, and other support services, for use of the residents and staff. Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with low barrier practices.
47.2.4.3 Waiting and Intake Area. If client intake occurs on site, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way. The area must be at least ten percent (10%) of the total square footage of the shelter, and must be located outside of the yard setbacks.
47.2.4.4 Security. The agency or organization operating the shelter (provider) must provide security for residents, visitors and employees during hours that the emergency shelter is in operation.
47.2.4.5 Emergency Shelter Provider. The agency or organization operating the shelter must comply with the following requirements:
47.2.4.5.1The provider must have a written management plan that specifies the hours of operation and the number of beds up to a maximum of fifty (50) beds.
47.2.4.5.2Temporary shelter must be available to residents for no more than six (6) months, with review and renewal as specified in the provider’s management plan.
47.2.4.6 Maximum Unit Density. Homeless shelters located in residential districts, when not developed in an individual dwelling unit format, are not subject to the density standard of the General Plan, but the number of beds must be limited to fifty (50). In no case may occupancy of the facility exceed the limit set forth in the adopted Airport Land Use Plan.
47.2.4.7 Proximity to Other Emergency Shelters. Principally permitted emergency shelters may not be located within three hundred (300) feet of each other.
47.2.4.8 Exceptions. Exceptions to each of the development standards in Sections 47.2.4.1 through 47.2.4.7 may be allowed with a special permit.
- Note: Section 47.2 was previously codified as Section 47.1, Emergency Shelters, and has been renumbered to be Section 47.2 at the County’s request to accommodate the new Section 47.1, Emergency Housing Under Shelter Crisis Declaration, added by Ord. 2695.
47.3 EMPLOYEE HOUSING ¶
47.3.1 Purpose. This Employee Housing Ordinance is intended to regulate the establishment of employee housing as governed by the Employee Housing Act, California Health and Safety Code Section 17000 et seq., and to provide procedures and objective standards to facilitate permitting such employee housing appropriately. In the event that any provision in this chapter conflicts with State law, State law shall supersede in that specific conflict.
47.3.2 Applicability. These sections apply when dwelling units are or are proposed to be used as employee housing on behalf of an employer, in the manner described by the Employee Housing Act, California Health and Safety Code Section 17000 et seq.
Employee Housing Definitions
47.3.3“Agricultural employee” shall have the same meaning as defined in Section 1140.4(b) of the California Labor Code.
47.3.4“Agricultural employee housing” shall mean employee housing for agricultural employees.
47.3.5“Agricultural employer” shall have the same meaning as defined in Section 1140.4(c) of the California Labor Code.
47.3.6“Employee housing” means any portion of any housing accommodation, or property upon which a housing accommodation is located, comprised of either of the following sets of features:
47.3.6.1 Linked Employee Housing. All of the following factors:
47.3.6.1.1The accommodations consist of any of the following, inclusive of those maintained in one (1) or more buildings or on one (1) or more sites, the premises upon which they are situated, and the area set aside and provided for parking of mobile homes or camping:
47.3.6.1.1.1Living quarters;
47.3.6.1.1.2Dwelling;
47.3.6.1.1.3Boardinghouse;
47.3.6.1.1.4Tent; 47.3.6.1.1.5Bunkhouse;
47.3.6.1.1.6Mobile home, travel trailer, or recreational vehicle;
47.3.6.1.1.7Manufactured home; or
47.3.6.1.1.8Other housing accommodations;
47.3.6.1.2The accommodations serve five (5) or more employees; and
47.3.6.1.3The accommodations are maintained in connection with any work or any place where work is being performed; or
47.3.6.2 Unlinked Agricultural Employee Housing. All of the following factors:
47.3.6.2.1The accommodations serve five (5) or more agricultural employees of any agricultural employer(s) for either of the following:
47.3.6.2.1.1Temporary or seasonal residency; or
47.3.6.2.1.2Permanent residency in either of the following cases:
47.3.6.2.1.2.1If the housing accommodation is a mobile home, manufactured home, travel trailer, or recreational vehicle; or
47.3.6.2.1.2.2If the housing accommodation is subject to State Housing Law, is more than thirty (30) years old, and at least fifty-one percent (51%) of the structures or, if not separated into units, of the accommodation are occupied by agricultural employees;
47.3.6.2.2The accommodations are not a single-family dwelling, multifamily dwelling, hotel, motel, or inn. However, if any of the following factors exist, the accommodations may be those unit types:
47.3.6.2.2.1The housing is offered and rented to nonagricultural employees on different terms from the terms it is offered and rented to agricultural employees;
47.3.6.2.2.2Negotiation of the terms of occupancy of the housing is not conducted separately between each occupant and either the owner of the housing or a manager of the property employed by that owner;
47.3.6.2.2.3Any of the occupants are employed by any party with an interest in the housing, such as the owner or property manager;
47.3.6.2.2.4Any of the occupants have rent deducted from their wages;
47.3.6.2.2.5The owner or property manager of the housing is an agricultural employer, or an agent of an agricultural employer for the housing;
47.3.6.2.2.6The occupants are required to live in the housing as a condition of employment or of securing employment;
47.3.6.2.2.7The occupants were referred to live in the housing by their employer, their employer’s agent, or an agricultural employer; or
47.3.6.2.2.8The accommodation was at any time before January 1, 1984, compliant with the definition of employee housing described by subsection 314-47.3.6.1, or Section 17008(a) of the California Health and Safety Code;
47.3.6.2.3If the accommodations are permanent single-family employee housing, as defined by Section 17010(d) of the California Health and Safety Code (which includes single-family detached dwellings, mobile homes, and manufactured homes), a hotel, a motel, or an inn, then the accommodation must be, or have been, maintained as employee housing, consistent with the description of employee housing from subsection 314-47.3.6.1;
47.3.6.2.4The accommodations or the property are not provided by an agricultural employer; and
47.3.6.2.5The accommodations are not maintained in connection with any work or workplace.
47.3.7“Small-scale employee housing” means employee housing which provides accommodations for five (5) or six (6) employees. This excludes any boarding house, hotel, dormitory, or other similar term that may imply such housing is a business run for profit or differs in any other way from a single-family dwelling. Small-scale employee housing is a Single-Family Residential use and shall be permitted in all zones under the same terms that a Single-Family Residence would be permitted within the same zone, with no additional fees.
47.3.8“Large-scale employee housing” means employee housing which provides accommodations in the form of no more than thirtysix (36) beds in a group quarters or no more than twelve (12) units or spaces each designed for use by a single-family or household. Employee housing approved as Eligible Agricultural Employee Housing shall also be treated as large-scale employee housing for all purposes except this density limitation and the permitting requirements specific to eligible agricultural housing developments. Largescale employee housing is a General Agricultural use and shall be permitted in all zones under the same terms that an alternative agricultural use would be permitted with in the same zone, with no additional fees.
47.3.8.1Large-scale employee housing shall not be construed to exclude small-scale employee housing.
47.3.9For the purposes of Use Type and zoning compatibility, Employee Housing Developments are not considered Accessory Dwelling Units.
47.3.10Employee housing meeting the definitions in subsection 314-47.3.6 is subject to permitting by the California Department of Housing and Community Development.
47.3.11Employee housing meeting the definitions in subsection 314-47.3.6 shall be interpreted to be included within the definition of “labor camp” as used within this division.
Agricultural Employee Housing Rehabilitation
47.3.12Pursuant to Section 17021(b) of California Health and Safety Code, if directly associated with agricultural employee housing, the following processing requirements apply to building permits and grading permits for the rehabilitation of real property improvements and to Department of Health and Human Services permits for the operation, construction, and repair of water systems or waste disposal systems:
47.3.12.1Complete applications shall be approved or denied by the appropriate department within sixty (60) calendar days of submittal and payment, in addition to applicable Permit Streamlining Act requirements.
47.3.12.1.1Denials on procedural grounds may only occur within thirty (30) calendar days. Such procedural denials require itemization of the procedural defects.
47.3.12.1.2Denials may occur on substantive grounds at any time within the sixty (60) day time frame. Such substantive denials require itemization of all the substantive defects.
- 47.3.12.2If the time frame from subsection 314 47.3.12.1 is not met, the California Department of Housing and Community Development (HCD) may review and approve the application, at the County’s expense.
47.3.12.2.1Such HCD approval shall be given the same value as local approval.
47.3.12.2.2The County may later identify defects in the project that would have resulted in denial of the proposal. The County may communicate those defects to the applicant, and the applicant shall correct them.
47.3.12.2.3The County remains responsible for issuing a certificate of completion if applicable and sufficiently resolved.
47.3.13The processing requirements of subsection 314-47.3.12 do not inherently create an exemption from the California Environmental Quality Act.
Zoning Clearance Certificates for Eligible Agricultural Employee Housing Developments
47.3.14If an applicant proposes an eligible agricultural employee housing development on a site with an agricultural land use (AG, AE, and T), then the proposal may be approved subject to a Zoning Clearance Certificate if all the following conditions are satisfied:
47.3.14.1The development satisfies all of the following for eligibility:
47.3.14.1.1The proposed agricultural employee housing development consists of no more than thirty-six (36) units or spaces each designed for use by a single family;
47.3.14.1.2The agricultural employee housing does not contain dormitory-style housing;
47.3.14.1.3If consistent with the definition of employee housing in subsection 314-47.3.6.2 but inconsistent with the definition of employee housing in subsection 314-47.3.6.1, the agricultural employee housing is in a rural area;
47.3.14.1.4The proposed agricultural housing is not ineligible for State funding due to association with the employment of any H-2Adesignated temporary or seasonal agricultural workers, pursuant to Section 50205(b)(1) of California Health and Safety Code or Section 50517.10(b)(1) of California Health and Safety Code; and
47.3.14.1.5The agricultural employee housing will be maintained and operated by a qualified affordable housing organization that has been certified pursuant to Section 17030.10 of California Health and Safety Code and the following applicable conditions shall be met:
47.3.14.1.5.1The applicant shall submit proof of issuance of the qualified affordable housing organization’s certification from the State of California; and
47.3.14.1.5.2The qualified affordable housing organization shall provide for on-site management of the development. However, if the organization is a local public housing agency, State agency, or public multi-jurisdictional agency, that agency may either directly maintain and operate the housing development or contract such responsibilities with another qualified affordable housing organization that has been certified pursuant to Section 17030.10 of California Health and Safety Code;
47.3.14.2The development is not located on a site that is any of the following:
47.3.14.2.1On wetlands, as defined in subsection 314-61.1.7.6.5;
47.3.14.2.2Within a Very High Fire Hazard Severity Zone, as identified by the State Fire Marshal pursuant to Section 51178 of the California Government Code, or within a High or Very High Fire Hazard Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code;
47.3.14.2.3A hazardous waste site, listed pursuant to Section 65962.5 of the California Government Code or designated by the Department of Toxic Substances Control pursuant to Section 78760 et seq. of California Health and Safety Code. The Department of Toxic Substances Control may, in writing, clear such designations for residential or residential mixed uses;
47.3.14.2.4Within a delineated earthquake fault zone, as determined and mapped by the State Geologist, unless the development complies with local and State seismic protection building code standards;
47.3.14.2.5Within a flood plain, as mapped by the Federal Emergency Management Agency (FEMA), unless the development has been issued a flood plain development permit pursuant to: Part 59 and Part 60 of Subchapter B of I of Title 44 of the Code of Federal Regulations;
47.3.14.2.6Within a floodway, as mapped by the Federal Emergency Management Agency (FEMA);
47.3.14.2.7Lands under a conservation easement, exclusive of lands identified by Williamson Act contracts;
47.3.14.2.8Lands identified for conservation based on any of the following:
47.3.14.2.8.1Adopted natural community conservation plan, pursuant to the Natural Community Conservation Planning Act;
47.3.14.2.8.2A habitat conservation plan, pursuant to the Federal Endangered Species Act of 1973; or
47.3.14.2.8.3Another adopted natural resource plan;
47.3.14.2.9Lands with groundwater levels within five (5) feet of the soil surface if the development would be served by an on-site wastewater treatment system (OWTS) that would serve more than six (6) single-family housing units;
47.3.14.3The development meets the following development standards:
47.3.14.3.1The development provides sufficient parking per unit on site, either one (1) space per dwelling unit or as required of Section 314-109.1.3 for a similarly sized residential development, whichever is less (Section 17021.8(e)(3) of Health and Safety Code);
47.3.14.3.1.1If the development takes access from a County-maintained roadway, then, if permissible by Section 314-109.1 et seq. and opted for by the applicant, the parking lane alternative to on-site parking shall be constructed in a manner approved by the Public Works Department;
47.3.14.3.2The development features a potable water supply capable of providing at least forty-two (42) gallons of water for drinking, cooking, bathing, and laundry purposes to each person each day at a peak rate of two and one-half (2.5) times the average hourly demand (Section 17021.8(e)(1)(A) of Health and Safety Code);
47.3.14.3.3The development provides functional indoor plumbing facilities with distribution lines able to supply water at normal operating pressures to all fixtures when operated at the same time, including at minimum (Section 17021.8(e)(4) of Health and Safety Code):
47.3.14.3.3.1At least one (1) sink per unit;
47.3.14.3.3.2At least one (1) private toilet facility per two (2) bedrooms within two hundred (200) feet of the door of each bedroom, all kept in a sanitary condition;
47.3.14.3.3.3At least one (1) private bath or shower per unit; and
47.3.14.3.3.4Laundry facilities, including washer and dryer;
47.3.14.3.4The development includes floor drains in all showers, baths, shower rooms, and laundry rooms (Section 17021.8(e)(4) of Health and Safety Code);
47.3.14.3.5The development includes adequate wastewater management facilities consisting of either of the following:
47.3.14.3.5.1At least one (1) on-site wastewater treatment system, permitted by the Department of Health and Human Services, Division of Environmental Health (DEH) for the proposed number of dwelling units (Section 17021.8(e)(1)(A) of Health and Safety Code); or
47.3.14.3.5.2Connection to a municipal sewer system that has provided a will-serve letter for the proposed development (Section 17021.8(e)(1)(C) of Health and Safety Code);
47.3.14.3.6The development features an energy source capable of consistently providing at least twenty (20) kilowatt-hours (kWh) per day to each household (Section 17021.8(e)(1)(A) of Health and Safety Code); and
47.3.14.3.7The development provides indoor living spaces of at least three hundred fifty (350) square feet per household, with one hundred seventy-five (175) square feet of additional living space per additional occupant (Section 17021.8(e)(4) of Health and Safety Code).
All these development standards shall be met prior to occupancy of the employee housing development or building permit “final” issuance.
47.3.15The County shall provide written notice to the applicant within thirty (30) days of submission if the proposed agricultural employee housing development does not meet the requirements listed in subsection 314-47.3.14. Such written documentation shall identify which requirement or requirements are not met and shall provide an explanation of the reasons the development does not meet those requirements.
47.3.15.1If the notice is not provided within thirty (30) days, the requirements of subsection 314-47.3.14.2 shall be deemed to be met. An agricultural housing development is still required to meet the conditions of subsection 314-47.3.14.1 to remain eligible for a Zoning Clearance Certificate.
47.3.16The County shall grant a Zoning Clearance Certificate for an eligible agricultural employee housing development, in accordance with this section, unless the County can make a written finding, based upon substantial evidence, of any of the following:
47.3.16.1The proposed development does not comply with the development standards, requirements, and conditions set forth in subsection 314-47.3.14;
47.3.16.2The proposed development is likely to have a specific, adverse impact, as defined in Section 17021.8(h)(2) of the California Health and Safety Code, upon public health or safety, and for which the County determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income households or rendering the development financially infeasible; or
47.3.16.3The proposed agricultural employee housing development would be contrary to State or Federal law.
47.3.17Approval of a Zoning Clearance Certificate for an eligible agricultural employee housing development shall include recording an affordability covenant to the subject property, restricting the rent of the agricultural housing to levels affordable to lower-income households for at least fifty-five (55) years.
47.3.18Approval of a Zoning Clearance Certificate for an eligible agricultural employee housing development is not required for development that may otherwise be approved administratively as small-scale or large-scale employee housing.
47.3.19In accordance with Section 17021.8(f) of California Health and Safety Code, the analysis and approval or justified disapproval of a Zoning Clearance Certificate for an eligible Agricultural Employee Housing Development are not discretionary acts for the purposes of the California Environmental Quality Act (CEQA), Division 13 of the California Public Resources Code.
47.3.20In accordance with Section 17021.8(g) of California Health and Safety Code, permits for eligible agricultural employee housing developments are subject to the standard fees required of Zoning Clearance Certificates. (Ord. 2472, § 1, 2/14/2012; Ord. 2695, § 2, 6/7/2022; Ord. 2719, § 3, 7/11/2023; Ord. 2781, § 2, 1/13/2026) Your Selections
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47.1 EMERGENCY HOUSING UNDER SHELTER CRISIS DECLARATION ¶
47.1.1 Purpose. This section sets minimum local health and safety standards for structures within homeless shelters and facilities, effective for the duration of a shelter crisis declared under California Government Code Section 8698.4 and its subparts. The purpose of these standards is to mitigate the negative effects of the shelter crisis within the County while preserving the public health and safety of all of its citizens.
47.1.2 Applicability. This section applies to any Humboldt County facility for persons experiencing homelessness, including any facility for that purpose defined in this Code, that is located or constructed on any land owned or leased by the County of Humboldt, or land owned or leased jointly by the County and another public entity, for the duration of the crisis.
47.1.2.1 Joint Powers Agreements. The County’s declaration of a shelter crisis and this section will apply to any land owned or leased by an agency or entity created pursuant to the Joint Exercise of Powers Act (California Government Code commencing with Section 6500) if the County is one (1) of the parties to the agreement creating the entity or agency and the real property owned or leased by the agency or entity is located within the jurisdiction of the County, or City and County.
47.1.3 Emergency Housing Standards Apply. Emergency shelters, low barrier navigation centers, safe parking, and any other facility defined in this Code serving persons experiencing homelessness, and that is located or constructed on County, or County- and Cityowned property, must comply with California Residential Code Appendix X and California Building Code Appendix O (collectively referred to as “emergency housing standards”) and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities. The emergency housing standards are hereby adopted by the County of Humboldt, and apply to emergency housing and emergency housing facilities, as defined in Appendix O, Section O102, of the California Building Code.
47.1.4 Reporting Requirements. Providers operating facilities under the scope of this section must track and report to the County, at least annually, by September 30th of each year:
47.1.4.1The total number of residents or clients served in the facility, by month;
47.1.4.2The total number of those served whose residence was or is a vehicle;
47.1.4.3The total number of residents who have moved from the homeless shelter into permanent supportive housing;
47.1.4.4The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing;
47.1.4.5The total number of residents who have exited the system;
47.1.4.6The bed capacity of the facility, excluding safe parking for homeless persons.
47.2 EMERGENCY SHELTERS ¶
47.2.1 Purpose. The purpose of these regulations is to increase development of emergency shelters and services for people who are experiencing homelessness and to establish development standards. No individual or household may be denied housing and shelter because of inability to pay.
- 47.2.2 Applicability. These regulations apply to emergency shelters as defined in Section 314 140 and elsewhere in this Code, in all zones where those shelters are permitted.
47.2.3 General Provisions. Emergency shelters that meet all of the following requirements are principally permitted in the C-1, C-2, C- 3, ML, R-3, MU1 and MU2 zoning districts. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except as follows in Section 47.2.4.
47.2.4 Development Standards. ¶
47.2.4.1 Lighting. Adequate external lighting must be provided. The lighting must be stationary, and directed away from adjacent properties and public rights-of-way.
47.2.4.2 Common Facilities. Common facilities may be provided for cooking and dining, recreation, counseling, child care, and other support services, for use of the residents and staff. Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with low barrier practices.
47.2.4.3 Waiting and Intake Area. If client intake occurs on site, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way. The area must be at least ten percent (10%) of the total square footage of the shelter, and must be located outside of the yard setbacks.
47.2.4.4 Security. The agency or organization operating the shelter (provider) must provide security for residents, visitors and employees during hours that the emergency shelter is in operation.
47.2.4.5 Emergency Shelter Provider. The agency or organization operating the shelter must comply with the following requirements:
47.2.4.5.1The provider must have a written management plan that specifies the hours of operation and the number of beds up to a maximum of fifty (50) beds.
47.2.4.5.2Temporary shelter must be available to residents for no more than six (6) months, with review and renewal as specified in the provider’s management plan.
47.2.4.6 Maximum Unit Density. Homeless shelters located in residential districts, when not developed in an individual dwelling unit format, are not subject to the density standard of the General Plan, but the number of beds must be limited to fifty (50). In no case may occupancy of the facility exceed the limit set forth in the adopted Airport Land Use Plan.
47.2.4.7 Proximity to Other Emergency Shelters. Principally permitted emergency shelters may not be located within three hundred (300) feet of each other.
47.2.4.8 Exceptions. Exceptions to each of the development standards in Sections 47.2.4.1 through 47.2.4.7 may be allowed with a special permit.
- Note: Section 47.2 was previously codified as Section 47.1, Emergency Shelters, and has been renumbered to be Section 47.2 at the County’s request to accommodate the new Section 47.1, Emergency Housing Under Shelter Crisis Declaration, added by Ord. 2695.
47.3 EMPLOYEE HOUSING ¶
47.3.1 Purpose. This Employee Housing Ordinance is intended to regulate the establishment of employee housing as governed by the Employee Housing Act, California Health and Safety Code Section 17000 et seq., and to provide procedures and objective standards to facilitate permitting such employee housing appropriately. In the event that any provision in this chapter conflicts with State law, State law shall supersede in that specific conflict.
47.3.2 Applicability. These sections apply when dwelling units are or are proposed to be used as employee housing on behalf of an employer, in the manner described by the Employee Housing Act, California Health and Safety Code Section 17000 et seq.
Employee Housing Definitions
47.3.3“Agricultural employee” shall have the same meaning as defined in Section 1140.4(b) of the California Labor Code.
47.3.4“Agricultural employee housing” shall mean employee housing for agricultural employees.
47.3.5“Agricultural employer” shall have the same meaning as defined in Section 1140.4(c) of the California Labor Code.
47.3.6“Employee housing” means any portion of any housing accommodation, or property upon which a housing accommodation is located, comprised of either of the following sets of features:
47.3.6.1 Linked Employee Housing. All of the following factors:
47.3.6.1.1The accommodations consist of any of the following, inclusive of those maintained in one (1) or more buildings or on one (1) or more sites, the premises upon which they are situated, and the area set aside and provided for parking of mobile homes or camping:
47.3.6.1.1.1Living quarters;
47.3.6.1.1.2Dwelling;
47.3.6.1.1.3Boardinghouse;
47.3.6.1.1.4Tent; 47.3.6.1.1.5Bunkhouse;
47.3.6.1.1.6Mobile home, travel trailer, or recreational vehicle;
47.3.6.1.1.7Manufactured home; or
47.3.6.1.1.8Other housing accommodations;
47.3.6.1.2The accommodations serve five (5) or more employees; and
47.3.6.1.3The accommodations are maintained in connection with any work or any place where work is being performed; or
47.3.6.2 Unlinked Agricultural Employee Housing. All of the following factors:
47.3.6.2.1The accommodations serve five (5) or more agricultural employees of any agricultural employer(s) for either of the following:
47.3.6.2.1.1Temporary or seasonal residency; or
47.3.6.2.1.2Permanent residency in either of the following cases:
47.3.6.2.1.2.1If the housing accommodation is a mobile home, manufactured home, travel trailer, or recreational vehicle; or
47.3.6.2.1.2.2If the housing accommodation is subject to State Housing Law, is more than thirty (30) years old, and at least fifty-one percent (51%) of the structures or, if not separated into units, of the accommodation are occupied by agricultural employees;
47.3.6.2.2The accommodations are not a single-family dwelling, multifamily dwelling, hotel, motel, or inn. However, if any of the following factors exist, the accommodations may be those unit types:
47.3.6.2.2.1The housing is offered and rented to nonagricultural employees on different terms from the terms it is offered and rented to agricultural employees;
47.3.6.2.2.2Negotiation of the terms of occupancy of the housing is not conducted separately between each occupant and either the owner of the housing or a manager of the property employed by that owner;
47.3.6.2.2.3Any of the occupants are employed by any party with an interest in the housing, such as the owner or property manager;
47.3.6.2.2.4Any of the occupants have rent deducted from their wages;
47.3.6.2.2.5The owner or property manager of the housing is an agricultural employer, or an agent of an agricultural employer for the housing;
47.3.6.2.2.6The occupants are required to live in the housing as a condition of employment or of securing employment;
47.3.6.2.2.7The occupants were referred to live in the housing by their employer, their employer’s agent, or an agricultural employer; or
47.3.6.2.2.8The accommodation was at any time before January 1, 1984, compliant with the definition of employee housing described by subsection 314-47.3.6.1, or Section 17008(a) of the California Health and Safety Code;
47.3.6.2.3If the accommodations are permanent single-family employee housing, as defined by Section 17010(d) of the California Health and Safety Code (which includes single-family detached dwellings, mobile homes, and manufactured homes), a hotel, a motel, or an inn, then the accommodation must be, or have been, maintained as employee housing, consistent with the description of employee housing from subsection 314-47.3.6.1;
47.3.6.2.4The accommodations or the property are not provided by an agricultural employer; and
47.3.6.2.5The accommodations are not maintained in connection with any work or workplace.
47.3.7“Small-scale employee housing” means employee housing which provides accommodations for five (5) or six (6) employees. This excludes any boarding house, hotel, dormitory, or other similar term that may imply such housing is a business run for profit or differs in any other way from a single-family dwelling. Small-scale employee housing is a Single-Family Residential use and shall be permitted in all zones under the same terms that a Single-Family Residence would be permitted within the same zone, with no additional fees.
47.3.8“Large-scale employee housing” means employee housing which provides accommodations in the form of no more than thirtysix (36) beds in a group quarters or no more than twelve (12) units or spaces each designed for use by a single-family or household. Employee housing approved as Eligible Agricultural Employee Housing shall also be treated as large-scale employee housing for all purposes except this density limitation and the permitting requirements specific to eligible agricultural housing developments. Largescale employee housing is a General Agricultural use and shall be permitted in all zones under the same terms that an alternative agricultural use would be permitted with in the same zone, with no additional fees.
47.3.8.1Large-scale employee housing shall not be construed to exclude small-scale employee housing.
47.3.9For the purposes of Use Type and zoning compatibility, Employee Housing Developments are not considered Accessory Dwelling Units.
47.3.10Employee housing meeting the definitions in subsection 314-47.3.6 is subject to permitting by the California Department of Housing and Community Development.
47.3.11Employee housing meeting the definitions in subsection 314-47.3.6 shall be interpreted to be included within the definition of “labor camp” as used within this division.
Agricultural Employee Housing Rehabilitation
47.3.12Pursuant to Section 17021(b) of California Health and Safety Code, if directly associated with agricultural employee housing, the following processing requirements apply to building permits and grading permits for the rehabilitation of real property improvements and to Department of Health and Human Services permits for the operation, construction, and repair of water systems or waste disposal systems:
47.3.12.1Complete applications shall be approved or denied by the appropriate department within sixty (60) calendar days of submittal and payment, in addition to applicable Permit Streamlining Act requirements.
47.3.12.1.1Denials on procedural grounds may only occur within thirty (30) calendar days. Such procedural denials require itemization of the procedural defects.
47.3.12.1.2Denials may occur on substantive grounds at any time within the sixty (60) day time frame. Such substantive denials require itemization of all the substantive defects.
- 47.3.12.2If the time frame from subsection 314 47.3.12.1 is not met, the California Department of Housing and Community Development (HCD) may review and approve the application, at the County’s expense.
47.3.12.2.1Such HCD approval shall be given the same value as local approval.
47.3.12.2.2The County may later identify defects in the project that would have resulted in denial of the proposal. The County may communicate those defects to the applicant, and the applicant shall correct them.
47.3.12.2.3The County remains responsible for issuing a certificate of completion if applicable and sufficiently resolved.
47.3.13The processing requirements of subsection 314-47.3.12 do not inherently create an exemption from the California Environmental Quality Act.
Zoning Clearance Certificates for Eligible Agricultural Employee Housing Developments
47.3.14If an applicant proposes an eligible agricultural employee housing development on a site with an agricultural land use (AG, AE, and T), then the proposal may be approved subject to a Zoning Clearance Certificate if all the following conditions are satisfied:
47.3.14.1The development satisfies all of the following for eligibility:
47.3.14.1.1The proposed agricultural employee housing development consists of no more than thirty-six (36) units or spaces each designed for use by a single family;
47.3.14.1.2The agricultural employee housing does not contain dormitory-style housing;
47.3.14.1.3If consistent with the definition of employee housing in subsection 314-47.3.6.2 but inconsistent with the definition of employee housing in subsection 314-47.3.6.1, the agricultural employee housing is in a rural area;
47.3.14.1.4The proposed agricultural housing is not ineligible for State funding due to association with the employment of any H-2Adesignated temporary or seasonal agricultural workers, pursuant to Section 50205(b)(1) of California Health and Safety Code or Section 50517.10(b)(1) of California Health and Safety Code; and
47.3.14.1.5The agricultural employee housing will be maintained and operated by a qualified affordable housing organization that has been certified pursuant to Section 17030.10 of California Health and Safety Code and the following applicable conditions shall be met:
47.3.14.1.5.1The applicant shall submit proof of issuance of the qualified affordable housing organization’s certification from the State of California; and
47.3.14.1.5.2The qualified affordable housing organization shall provide for on-site management of the development. However, if the organization is a local public housing agency, State agency, or public multi-jurisdictional agency, that agency may either directly maintain and operate the housing development or contract such responsibilities with another qualified affordable housing organization that has been certified pursuant to Section 17030.10 of California Health and Safety Code;
47.3.14.2The development is not located on a site that is any of the following:
47.3.14.2.1On wetlands, as defined in subsection 314-61.1.7.6.5;
47.3.14.2.2Within a Very High Fire Hazard Severity Zone, as identified by the State Fire Marshal pursuant to Section 51178 of the California Government Code, or within a High or Very High Fire Hazard Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code;
47.3.14.2.3A hazardous waste site, listed pursuant to Section 65962.5 of the California Government Code or designated by the Department of Toxic Substances Control pursuant to Section 78760 et seq. of California Health and Safety Code. The Department of Toxic Substances Control may, in writing, clear such designations for residential or residential mixed uses;
47.3.14.2.4Within a delineated earthquake fault zone, as determined and mapped by the State Geologist, unless the development complies with local and State seismic protection building code standards;
47.3.14.2.5Within a flood plain, as mapped by the Federal Emergency Management Agency (FEMA), unless the development has been issued a flood plain development permit pursuant to: Part 59 and Part 60 of Subchapter B of I of Title 44 of the Code of Federal Regulations;
47.3.14.2.6Within a floodway, as mapped by the Federal Emergency Management Agency (FEMA);
47.3.14.2.7Lands under a conservation easement, exclusive of lands identified by Williamson Act contracts;
47.3.14.2.8Lands identified for conservation based on any of the following:
47.3.14.2.8.1Adopted natural community conservation plan, pursuant to the Natural Community Conservation Planning Act;
47.3.14.2.8.2A habitat conservation plan, pursuant to the Federal Endangered Species Act of 1973; or
47.3.14.2.8.3Another adopted natural resource plan;
47.3.14.2.9Lands with groundwater levels within five (5) feet of the soil surface if the development would be served by an on-site wastewater treatment system (OWTS) that would serve more than six (6) single-family housing units;
47.3.14.3The development meets the following development standards:
47.3.14.3.1The development provides sufficient parking per unit on site, either one (1) space per dwelling unit or as required of Section 314-109.1.3 for a similarly sized residential development, whichever is less (Section 17021.8(e)(3) of Health and Safety Code);
47.3.14.3.1.1If the development takes access from a County-maintained roadway, then, if permissible by Section 314-109.1 et seq. and opted for by the applicant, the parking lane alternative to on-site parking shall be constructed in a manner approved by the Public Works Department;
47.3.14.3.2The development features a potable water supply capable of providing at least forty-two (42) gallons of water for drinking, cooking, bathing, and laundry purposes to each person each day at a peak rate of two and one-half (2.5) times the average hourly demand (Section 17021.8(e)(1)(A) of Health and Safety Code);
47.3.14.3.3The development provides functional indoor plumbing facilities with distribution lines able to supply water at normal operating pressures to all fixtures when operated at the same time, including at minimum (Section 17021.8(e)(4) of Health and Safety Code):
47.3.14.3.3.1At least one (1) sink per unit;
47.3.14.3.3.2At least one (1) private toilet facility per two (2) bedrooms within two hundred (200) feet of the door of each bedroom, all kept in a sanitary condition;
47.3.14.3.3.3At least one (1) private bath or shower per unit; and
47.3.14.3.3.4Laundry facilities, including washer and dryer;
47.3.14.3.4The development includes floor drains in all showers, baths, shower rooms, and laundry rooms (Section 17021.8(e)(4) of Health and Safety Code);
47.3.14.3.5The development includes adequate wastewater management facilities consisting of either of the following:
47.3.14.3.5.1At least one (1) on-site wastewater treatment system, permitted by the Department of Health and Human Services, Division of Environmental Health (DEH) for the proposed number of dwelling units (Section 17021.8(e)(1)(A) of Health and Safety Code); or
47.3.14.3.5.2Connection to a municipal sewer system that has provided a will-serve letter for the proposed development (Section 17021.8(e)(1)(C) of Health and Safety Code);
47.3.14.3.6The development features an energy source capable of consistently providing at least twenty (20) kilowatt-hours (kWh) per day to each household (Section 17021.8(e)(1)(A) of Health and Safety Code); and
47.3.14.3.7The development provides indoor living spaces of at least three hundred fifty (350) square feet per household, with one hundred seventy-five (175) square feet of additional living space per additional occupant (Section 17021.8(e)(4) of Health and Safety Code).
All these development standards shall be met prior to occupancy of the employee housing development or building permit “final” issuance.
47.3.15The County shall provide written notice to the applicant within thirty (30) days of submission if the proposed agricultural employee housing development does not meet the requirements listed in subsection 314-47.3.14. Such written documentation shall identify which requirement or requirements are not met and shall provide an explanation of the reasons the development does not meet those requirements.
47.3.15.1If the notice is not provided within thirty (30) days, the requirements of subsection 314-47.3.14.2 shall be deemed to be met. An agricultural housing development is still required to meet the conditions of subsection 314-47.3.14.1 to remain eligible for a Zoning Clearance Certificate.
47.3.16The County shall grant a Zoning Clearance Certificate for an eligible agricultural employee housing development, in accordance with this section, unless the County can make a written finding, based upon substantial evidence, of any of the following:
47.3.16.1The proposed development does not comply with the development standards, requirements, and conditions set forth in subsection 314-47.3.14;
47.3.16.2The proposed development is likely to have a specific, adverse impact, as defined in Section 17021.8(h)(2) of the California Health and Safety Code, upon public health or safety, and for which the County determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income households or rendering the development financially infeasible; or
47.3.16.3The proposed agricultural employee housing development would be contrary to State or Federal law.
47.3.17Approval of a Zoning Clearance Certificate for an eligible agricultural employee housing development shall include recording an affordability covenant to the subject property, restricting the rent of the agricultural housing to levels affordable to lower-income households for at least fifty-five (55) years.
47.3.18Approval of a Zoning Clearance Certificate for an eligible agricultural employee housing development is not required for development that may otherwise be approved administratively as small-scale or large-scale employee housing.
47.3.19In accordance with Section 17021.8(f) of California Health and Safety Code, the analysis and approval or justified disapproval of a Zoning Clearance Certificate for an eligible Agricultural Employee Housing Development are not discretionary acts for the purposes of the California Environmental Quality Act (CEQA), Division 13 of the California Public Resources Code.
47.3.20In accordance with Section 17021.8(g) of California Health and Safety Code, permits for eligible agricultural employee housing developments are subject to the standard fees required of Zoning Clearance Certificates. (Ord. 2472, § 1, 2/14/2012; Ord. 2695, § 2, 6/7/2022; Ord. 2719, § 3, 7/11/2023; Ord. 2781, § 2, 1/13/2026) Your Selections
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50.1 HOME OCCUPATIONS AND ADDRESSES OF CONVENIENCE ¶
50.1.1 Home Occupations Permitted. A permit is required to carry out a home occupation. Home occupations, as defined in this Code, shall be permitted as appurtenant and accessory uses to any residential use. An application for a home occupation permit shall be accompanied by an application fee in the amount as established by resolution of the Board of Supervisors. (Former Section INL#3168(a); Ord. 519, Sec. 608, 5/11/65; Amended by Ord. 1280 Sec. 1, 10/10/78)
50.1.2 Home Occupation Requirements. A Home Occupation is any use which, as determined by the Planning Commission, is entirely carried on within a dwelling by the inhabitants thereof and which is clearly incidental and secondary to the residential use of the dwelling and which:
50.1.2.1Is confined completely within the dwelling and occupies not more than twenty-five per cent (25%) of the gross area of one floor thereof; and (Former Section INL#312-34(a); Ord. 519, Sec. 233, 5/11/65)
50.1.2.2Involves no sales of merchandise other than that produced on the premises or merchandise directly related to and incidental to the occupation; and (Former Section INL#312-34(b); Ord. 519, Sec. 233, 5/11/65)
50.1.2.3Is carried on by the members of the family occupying the dwelling, with no other person employed; and (Former Section INL#312-34(c); Ord. 519, Sec. 233, 5/11/65)
50.1.2.4Produces no evidence of its existence in the external appearance of the dwelling or premises, or in the creation of noise, odors, smoke or other nuisances to a degree greater than that normal for the neighborhood; and (Former Section INL#312-34(d); Ord. 519, Sec. 233, 5/11/65)
50.1.2.5Does not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which located; and (Former Section INL#312-34(e); Ord. 519, Sec. 233, 5/11/65)
50.1.2.6Meets the requirements of the Chief Building Inspector and fire district of jurisdiction; and (Former Section INL#312-34(f); Ord. 519, Sec. 233, 5/11/65)
50.1.2.7Requires no addition or extensions to, or structural electrical or plumbing alterations in the dwelling; and (Former Section INL#312-34(g); Ord. 519, Sec. 233, 5/11/65)
50.1.2.8Hospitals, sanitariums, antique shops, eating establishments, bakeries, barber shops, beauty shops and animal hospitals shall not be deemed to be home occupations, and (Former Section INL#312-34(h); Ord. 519, Sec. 233, 5/11/65; Amended by Ord. 2166, Sec. 3, 4/7/98)
50.1.2.9The home occupation involves no equipment other than that customarily used in dwellings, except that with a Special Permit, the Hearing Officer may, in particular cases, modify the provisions of subsections 50.1.2.3. and 50.1.2.7 for locations outside community planning areas if the following findings are made: (Former Section INL#312-34(i); Ord. 519, Sec. 233, 5/11/65; Amended by Ord. 2166, Sec. 3, 4/7/98)
50.1.2.9.1No more than one other non-resident of the dwelling may be employed in the conduct of the home occupation; and (Former Section INL#312-34(i); Ord. 519, Sec. 233, 5/11/65; Added by Ord. 2166, Sec. 3, 4/7/98)
50.1.2.9.2Interior and exterior physical alterations to the residence must retain the residential character of the structure. (Former Section INL#312-34(i); Ord. 519, Sec. 233, 5/11/65; Added by Ord. 2166, Sec. 3, 4/7/98)
50.1.3 Address of Convenience. A permit is required for an address of convenience. Due to the low potential for significant impacts on the neighborhood, an Address of Convenience as defined by this Code, may be approved without the analysis and review required of other home occupations. (Former Section INL#316-8(b); Added by Ord. 1848, Sec. 16, 9/13/88)
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50.1 HOME OCCUPATIONS AND ADDRESSES OF CONVENIENCE ¶
50.1.1 Home Occupations Permitted. A permit is required to carry out a home occupation. Home occupations, as defined in this Code, shall be permitted as appurtenant and accessory uses to any residential use. An application for a home occupation permit shall be accompanied by an application fee in the amount as established by resolution of the Board of Supervisors. (Former Section INL#3168(a); Ord. 519, Sec. 608, 5/11/65; Amended by Ord. 1280 Sec. 1, 10/10/78)
50.1.2 Home Occupation Requirements. A Home Occupation is any use which, as determined by the Planning Commission, is entirely carried on within a dwelling by the inhabitants thereof and which is clearly incidental and secondary to the residential use of the dwelling and which:
50.1.2.1Is confined completely within the dwelling and occupies not more than twenty-five per cent (25%) of the gross area of one floor thereof; and (Former Section INL#312-34(a); Ord. 519, Sec. 233, 5/11/65)
50.1.2.2Involves no sales of merchandise other than that produced on the premises or merchandise directly related to and incidental to the occupation; and (Former Section INL#312-34(b); Ord. 519, Sec. 233, 5/11/65)
50.1.2.3Is carried on by the members of the family occupying the dwelling, with no other person employed; and (Former Section INL#312-34(c); Ord. 519, Sec. 233, 5/11/65)
50.1.2.4Produces no evidence of its existence in the external appearance of the dwelling or premises, or in the creation of noise, odors, smoke or other nuisances to a degree greater than that normal for the neighborhood; and (Former Section INL#312-34(d); Ord. 519, Sec. 233, 5/11/65)
50.1.2.5Does not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which located; and (Former Section INL#312-34(e); Ord. 519, Sec. 233, 5/11/65)
50.1.2.6Meets the requirements of the Chief Building Inspector and fire district of jurisdiction; and (Former Section INL#312-34(f); Ord. 519, Sec. 233, 5/11/65)
50.1.2.7Requires no addition or extensions to, or structural electrical or plumbing alterations in the dwelling; and (Former Section INL#312-34(g); Ord. 519, Sec. 233, 5/11/65)
50.1.2.8Hospitals, sanitariums, antique shops, eating establishments, bakeries, barber shops, beauty shops and animal hospitals shall not be deemed to be home occupations, and (Former Section INL#312-34(h); Ord. 519, Sec. 233, 5/11/65; Amended by Ord. 2166, Sec. 3, 4/7/98)
50.1.2.9The home occupation involves no equipment other than that customarily used in dwellings, except that with a Special Permit, the Hearing Officer may, in particular cases, modify the provisions of subsections 50.1.2.3. and 50.1.2.7 for locations outside community planning areas if the following findings are made: (Former Section INL#312-34(i); Ord. 519, Sec. 233, 5/11/65; Amended by Ord. 2166, Sec. 3, 4/7/98)
50.1.2.9.1No more than one other non-resident of the dwelling may be employed in the conduct of the home occupation; and (Former Section INL#312-34(i); Ord. 519, Sec. 233, 5/11/65; Added by Ord. 2166, Sec. 3, 4/7/98)
50.1.2.9.2Interior and exterior physical alterations to the residence must retain the residential character of the structure. (Former Section INL#312-34(i); Ord. 519, Sec. 233, 5/11/65; Added by Ord. 2166, Sec. 3, 4/7/98)
50.1.3 Address of Convenience. A permit is required for an address of convenience. Due to the low potential for significant impacts on the neighborhood, an Address of Convenience as defined by this Code, may be approved without the analysis and review required of other home occupations. (Former Section INL#316-8(b); Added by Ord. 1848, Sec. 16, 9/13/88)
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54.1 LOW BARRIER NAVIGATION CENTERS ¶
54.1.1 Purpose. These regulations are intended to facilitate development of low barrier navigation centers as set forth in California Government Code Sections 65660 to 65663. A low barrier navigation center is a Housing First, service-enriched shelter that provides temporary living facilities for individuals experiencing homelessness, where case managers connect clients to income, public benefits, health services, shelter, and housing with the intent to move people toward permanent housing. Low barrier navigation centers must be operated by a government agency, religious institution, or nonprofit organization. “Low barrier” means using best practices to reduce barriers to entry, including but not limited to the following:
54.1.1.1The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
54.1.1.2Pets.
54.1.1.3The storage of possessions.
54.1.1.4Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two (2) beds, or private rooms.
54.1.2 Applicability. A low barrier navigation center as defined in this Code is principally permitted in C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts; provided, that it meets the following requirements:
54.1.2.1It offers services to connect people to permanent housing through a provider’s services plan that identifies services staffing.
54.1.2.2It is linked to a coordinated entry system, so that staff in the center or staff who co-locate in the center may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
54.1.2.3It complies with Housing First, Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
54.1.2.4It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
54.1.2.5No individual or household shall be denied housing and shelter because of inability to pay.
54.1.3 Development Standards. ¶
54.1.3.1 Lighting. Adequate external lighting must be provided. The lighting shall be stationary, and directed away from adjacent properties and public rights-of-way.
54.1.3.2 Common Facilities. Common facilities may be provided for cooking and dining, recreation, counseling, child care, and other support services, for use of the residents and staff. Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with Housing First practices.
54.1.3.3 Waiting and Intake Area. If client intake occurs on site, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way. The area must be at least ten percent (10%) of the total square footage of the shelter, and must be located outside of the yard setbacks.
54.1.3.4 Security. The agency or organization operating the shelter (provider) must provide security for residents, visitors and employees during hours that the emergency shelter is in operation.
54.1.3.5 Service Provider. The agency or organization operating the navigation center must have a written management plan that specifies the hours of operation and the number of beds up to a maximum of fifty (50) beds.
54.1.3.6 Maximum Unit Density. Low barrier navigation centers located in residential districts, when not developed in an individual dwelling unit format, shall not be subject to the density standard of the General Plan, but the number of beds is limited to fifty (50). In no case may occupancy of the facility exceed the limit set forth in the adopted Airport Land Use Plan.
54.1.3.7 Proximity to Other Shelters. Principally permitted low barrier navigation centers may not be located within three hundred (300) feet of each other, or within three hundred (300) feet of any emergency shelter.
54.1.3.8 Exceptions. Exceptions to each of the development standards in Sections 54.1.3.1 through 54.1.3.7 may be allowed with a special permit. (Ord. 2719, § 4, 7/11/2023) Your Selections
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54.1 LOW BARRIER NAVIGATION CENTERS ¶
54.1.1 Purpose. These regulations are intended to facilitate development of low barrier navigation centers as set forth in California Government Code Sections 65660 to 65663. A low barrier navigation center is a Housing First, service-enriched shelter that provides temporary living facilities for individuals experiencing homelessness, where case managers connect clients to income, public benefits, health services, shelter, and housing with the intent to move people toward permanent housing. Low barrier navigation centers must be operated by a government agency, religious institution, or nonprofit organization. “Low barrier” means using best practices to reduce barriers to entry, including but not limited to the following:
54.1.1.1The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
54.1.1.2Pets.
54.1.1.3The storage of possessions.
54.1.1.4Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two (2) beds, or private rooms.
54.1.2 Applicability. A low barrier navigation center as defined in this Code is principally permitted in C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts; provided, that it meets the following requirements:
54.1.2.1It offers services to connect people to permanent housing through a provider’s services plan that identifies services staffing.
54.1.2.2It is linked to a coordinated entry system, so that staff in the center or staff who co-locate in the center may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
54.1.2.3It complies with Housing First, Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
54.1.2.4It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
54.1.2.5No individual or household shall be denied housing and shelter because of inability to pay.
54.1.3 Development Standards. ¶
54.1.3.1 Lighting. Adequate external lighting must be provided. The lighting shall be stationary, and directed away from adjacent properties and public rights-of-way.
54.1.3.2 Common Facilities. Common facilities may be provided for cooking and dining, recreation, counseling, child care, and other support services, for use of the residents and staff. Laundry facilities, electricity, Wi-Fi, and pet shelter and exercise areas are recommended in accordance with Housing First practices.
54.1.3.3 Waiting and Intake Area. If client intake occurs on site, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way. The area must be at least ten percent (10%) of the total square footage of the shelter, and must be located outside of the yard setbacks.
54.1.3.4 Security. The agency or organization operating the shelter (provider) must provide security for residents, visitors and employees during hours that the emergency shelter is in operation.
54.1.3.5 Service Provider. The agency or organization operating the navigation center must have a written management plan that specifies the hours of operation and the number of beds up to a maximum of fifty (50) beds.
54.1.3.6 Maximum Unit Density. Low barrier navigation centers located in residential districts, when not developed in an individual dwelling unit format, shall not be subject to the density standard of the General Plan, but the number of beds is limited to fifty (50). In no case may occupancy of the facility exceed the limit set forth in the adopted Airport Land Use Plan.
54.1.3.7 Proximity to Other Shelters. Principally permitted low barrier navigation centers may not be located within three hundred (300) feet of each other, or within three hundred (300) feet of any emergency shelter.
54.1.3.8 Exceptions. Exceptions to each of the development standards in Sections 54.1.3.1 through 54.1.3.7 may be allowed with a special permit. (Ord. 2719, § 4, 7/11/2023) Your Selections
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55.1 INDOOR RESIDENTIAL CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ¶
55.1.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Indoor Cultivation”.
55.1.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Indoor Cultivation (“MMLUCIC” or “this Code”) is to regulate the cultivation of medical marijuana for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the residential cultivation and processing of medical marijuana for an individual patient’s use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
55.1.3 Applicability and Interpretation. ¶
55.1.3.1The indoor cultivation and processing of medical marijuana for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.
55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor residential cultivation of medical marijuana for personal use, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.
55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to the MMLUCIC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.
55.1.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.1.6 Penalties. ¶
Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable state and county laws, including the County’s medical marijuana abatement procedures as put forth in Section 314-55.2.
55.1.7 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Cultivation of Medical Marijuana for Personal Use: cultivation and processing of medical marijuana indoors in a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Detached Accessory Building - Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this Section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Personal Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s use.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
Residential Cultivation: the growing of fifty (50) square feet or less that is ten (10) feet or less in height of medical marijuana indoors within a residence or detached accessory structure, as defined herein. Such cultivation shall be for a qualified patient’s personal use and must be subordinate, incidental, and accessory to the residential use.
55.1.8 Indoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s indoor residential cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor residential medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Medical marijuana cultivation in a residence shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Medical marijuana cultivation in detached accessory buildings shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.3A total of fifty (50) square feet of indoor medical marijuana cultivation for personal use, which does not exceed ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than fifty (50) square feet or more than ten (10) feet in height of medical marijuana cultivation area per residence on the parcel, regardless of the number of qualified patients or primary caregivers residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The medical marijuana cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, posted with a legible copy of the individual patient’s medical marijuana recommendation, secured against unauthorized entry, and maintained for the exclusive use of the qualified patient; and
55.1.8.5Grow lights for medical marijuana cultivation for personal use in a residence or a detached accessory building shall not exceed 1200 watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of medical marijuana in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the residential cultivation of medical marijuana is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor medical marijuana cultivation or processing in a residence or a detached accessory building is prohibited; and
55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of medical marijuana in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
55.1.8.9On parcels that contain more than one residence, no odor of medical marijuana shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one residence, no odor of medical marijuana shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the medical marijuana cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of marijuana from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and
55.1.8.10From a public right of way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor medical marijuana cultivation at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Medical marijuana cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a Cottage Industry or a Home Occupation, and are not eligible for an address of convenience; and
55.1.8.12No sale, trading, or dispensing of medical marijuana is allowed on a parcel where residential cultivation of medical marijuana occurs; and
55.1.8.13The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where medical marijuana is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for medical marijuana cultivation; and
55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor residential cultivation of medical marijuana; and
55.1.8.16The indoor residential cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
55.1.8.17The indoor residential cultivation of medical marijuana must comply with all applicable state and county laws, including fire and building codes.
55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.
55.1.8.19Outdoor cultivation, as described in Section 314-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein. (Ord. 2468, Section 2, 12/13/2011; Ord. 2523, Section 3, 10/28/2014)
55.2 OUTDOOR CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ON SMALL PARCELS
55.2.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation”.
55.2.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation (“MMLUCSPOC” or “this Code”) is to establish reasonable regulations governing the outdoor cultivation of medical marijuana for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of medical marijuana for an individual patient’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
55.2.3 Applicability and Interpretation. ¶
55.2.3.1The outdoor cultivation and processing of medical marijuana on parcels five (5) acres or less in size within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.
55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt any outdoor cultivation activities on parcels five (5) acres or less in size, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to the MMLUCSPOC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.
55.2.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the attorney General of the State of California, or the Attorney General of the United States of America.
55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Acre: means 43,560 square feet. See also the definition of “Lot Size” found under Section 314-147 of the code.
Canopy: means the area, in square feet, of vegetative growth, of a marijuana plant including starts. Area shall be calculated using the following formula: Diameter of Plant squared, and then multiplied by the conversion factor (π/4). For example, if the diameter of one (1) plant is equal to 30 inches (2.5 feet), the canopy would equal 4.9 square feet [2.5 feet² x 0.7854].
Cultivation: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more marijuana plants or any part thereof in any outdoor location.
Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.
Indoor Cultivation of Medical Marijuana: cultivation and processing of medical marijuana inside a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Marijuana Plant: means any mature or immature male or female marijuana plant, or any marijuana seedling, unless otherwise specifically provided herein.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this Section.
Personal Use Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s exclusive use.
Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.
Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
alified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, section 1238, to receive school buses, as defined in California Vehicle Code section 233, or school pupil activity buses, as defined in Vehicle Code section 546.
Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.
55.2.7 Outdoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s outdoor cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, outdoor medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 314-147 of the code.
55.2.7.2It shall not be deemed a nuisance per se for a qualified patient to cultivate medical marijuana outdoors for personal use as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:
55.2.7.2.1On parcels one (1) acre or smaller in size, the total plant canopy of the medical marijuana cultivated outdoors may not exceed one hundred (100) square feet in size, nor may cultivation occur within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre and up to five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed two hundred (200) square feet in size, and on parcels larger than five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
han five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
55.2.7.2.3No outdoor cultivation may occur within 600 feet of any School, School Bus Stop, Public Park, Place of Religious Worship, or Traditional Native American Cultural Site, so long as these uses existed prior to the outdoor cultivation of medical marijuana in compliance with this Code; and
55.2.7.2.4Indoor medical marijuana cultivation may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and
55.2.7.2.6Cultivation within a greenhouse or “hoophouse” shall be deemed outdoor cultivation and subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks.
55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor residential cultivation of medical marijuana; and
55.2.7.2.8The outdoor cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of medical marijuana pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a Lake and Streambed Alteration Agreement is necessary. If such an Agreement is required, the water use must comply with all of its terms.
55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of medical marijuana for personal use may only occur by a qualified patient who occupies a permitted residence located on the same property that is host to the cultivation activities. If the qualified patient is not the owner of the property, the occupant must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent.
55.2.8 Nuisance Declared; Specialized Abatement Process; Enforcement.
55.2.8.1Any violation of this Section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law, including the specialized abatement process as provided for in this Code.
55.2.8.2 Notice to Abate Unlawful Marijuana Cultivation. Whenever an Enforcing Officer determines that a public nuisance as described in this Code exists on any property within the unincorporated area of Humboldt County he or she is authorized to notify the owner and/or occupant(s) of the premises through issuance of a ”Notice and Order to Abate Unlawful Marijuana Cultivation”.
55.2.8.2.1 Contents of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” shall be in writing and shall include the following:
55.2.8.2.1.1Name of the owner(s) of the property upon which the nuisance exists, as listed in the records of the county assessor, and any occupant(s) shall also be identified, if known; and
55.2.8.2.1.2A description of the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property and/or identification of such property by reference to the assessor’s parcel number; and
55.2.8.2.1.3A statement that medical marijuana cultivation in violation of this Section exists on the property and therefore such cultivation is a public nuisance per se.
55.2.8.2.1.4A description of the medical marijuana cultivation in violation of this Section that exists on the property and the actions required to abate it.
55.2.8.2.1.5A statement that the owner and/or occupant is required to abate the identified violations of this Code within fourteen (14) calendar days after the date that said Notice was served.
55.2.8.2.1.6A statement that the owner and/or occupant may, within ten (10) calendar days after the date that said Notice was served, make a request in writing to the Clerk of the Board of Supervisors for a hearing to appeal the determination of the Enforcing Officer that the conditions existing constitute a public nuisance, or to show other cause why those conditions should not be abated in accordance with the provisions of this Section.
55.2.8.2.1.7A statement that, unless the owner and/or occupant abates the unlawful marijuana cultivation, or requests a hearing before the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
efore the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
55.2.8.3 Service of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” (“Notice and Order”) shall be served by delivering it personally to the owner and/or to the occupant, or by mailing it by regular United States mail, together with a certificate of mailing, to the owner and/or occupant of the property at the address thereof, and to any non-occupying owner at his or her address as it appears on the last equalized assessment roll and by posting a copy of the Notice and Order on the real property upon which the nuisance exists as follows: copies of the Notice and Order shall be posted along the frontage of the subject property and at such other locations on the property reasonably likely to provide notice to the owner. In no event shall fewer than two (2) copies of the Notice and Order be posted on a property pursuant to this section.
55.2.8.3.1The date of service is deemed to be the date of deposit in the mail, personal delivery, or posting, as applicable.
55.2.8.4 Administrative Review. ¶
55.2.8.4.1Any person upon whom a Notice and Order to Abate Unlawful Marijuana Cultivation has been served may appeal the determination of the Enforcing Officer that the conditions set forth in the Notice and Order constitute a public nuisance to the Board of Supervisors, or may show cause before the Board of Supervisors why those conditions should not be abated in accordance with the provisions of this Section. Any such administrative review shall be commenced by filing a written request for a hearing with the Clerk of the Board of Supervisors within ten (10) calendar days after the date that said Notice and Order was served. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing such a written request shall be deemed jurisdictional and may not be waived. In the absence of a timely filed written request that complies fully with the requirements of this Section, the findings of the Enforcing Officer contained in the Notice and Order shall become final and conclusive on the eleventh day following service of the Notice and Order.
55.2.8.4.2Upon timely receipt of a written request for hearing which complies with the requirements of this Section, the Clerk of the Board of Supervisors shall set a hearing date not less than seven (7) days or more than thirty (30) days from the date the request was filed. The Clerk shall send written notice of the hearing date to the requesting party, to any other parties upon whom the Notice and Order was served, and to the Enforcing Officer.
55.2.8.4.3Any hearing conducted pursuant to this Section need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The Board of Supervisors has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
55.2.8.4.4The Board of Supervisors may continue the administrative hearing from time to time.
55.2.8.4.5The Board of Supervisors shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the Notice and Order. The Board of Supervisors shall issue a written decision in the form of a resolution, which shall include findings relating to the existence or nonexistence of the nuisance, as well as findings concerning the propriety and means of abatement of the nuisance conditions set forth in the Notice and Order. Such decision shall be mailed to the party requesting the hearing, any other parties upon whom the Notice and Order was served, and the Enforcing Officer.
55.2.8.4.6The decision of the Board of Supervisors shall be final and conclusive on the date it is made.
55.2.8.5 Liability for Costs. ¶
55.2.8.5.1In any enforcement action brought pursuant to this Section, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful marijuana cultivation to exist shall be liable for all costs incurred by the County, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this Section, whether those costs are incurred prior to, during, or following enactment of this Section.
55.2.8.5.2In any action by the Enforcing Officer to abate unlawful marijuana cultivation under this Section, whether by administrative proceedings or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney’s fees incurred. Recovery of attorneys’ fees under this Code shall be limited to those actions or proceedings in which the County elects, at the initiation of that action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the County in the action or proceeding.
55.2.8.6 Abatement by Owner or Occupant. Any owner or occupant may abate the unlawful marijuana cultivation or cause it to be abated at any time prior to commencement of abatement by the enforcing officer.
55.2.8.7 Enforcement. Whenever the Enforcing Officer becomes aware that an owner or occupant has failed to abate any unlawful marijuana cultivation within fourteen (14) days of the date of service of the Notice and Order, unless timely appealed, or of the date of the decision of the Board of Supervisors requiring such abatement, the Enforcing Officer may take one (1) or more of the following actions:
55.2.8.7.1Enter upon the property and abate the nuisance. The Enforcing Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the abatement work, if necessary; and/or
55.2.8.7.2Request that the County Counsel commence a civil action to redress, enjoin, and abate the public nuisance.
55.2.8.8 Accounting. The Enforcing Officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the Board of Supervisors showing the cost of abatement and the administrative costs for each parcel.
55.2.8.9 Notice of Hearing on Accounting; Waiver by Payment. Upon receipt of the account of the Enforcing Officer, the Clerk of the Board of Supervisors shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time not less than five (5) business days after the date of mailing of the notice, the Board of Supervisors will meet to review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the Enforcing Officer prior to the time set for the hearing by the Board of Supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable.
55.2.8.10 Hearing on Accounting. ¶
55.2.8.10.1At the time fixed, the Board of Supervisors shall meet to review the report on the accounting by the Enforcing Officer. An owner may appear at said time and be heard on whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner, is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed.
55.2.8.10.2The report and the accounting of the Enforcing Officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.
55.2.8.10.3 Modifications. The Board of Supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.
55.2.8.10.4 Special Assessment and Lien. The Board of Supervisors may order that the cost of abating nuisances pursuant to this Section and the administrative costs as confirmed by the Board be placed upon the County tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The Board of Supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code.
55.2.8.11 Enforcement by Civil Action. As an alternative to the procedures set forth in this Section the County may abate the violation of this Section by the prosecution of a civil action through the Office of the County Counsel, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this Section or requiring compliance with other terms.
55.2.8.12 No Duty to Enforce. Nothing in this Section shall be construed as imposing on the enforcing officer or the County of Humboldt any duty to issue an Notice and Order, nor to abate any unlawful marijuana cultivation, nor to take any other action with regard to any unlawful marijuana cultivation, and neither the enforcing officer nor the County of Humboldt shall be held liable for
failure to issue an order to abate any unlawful marijuana cultivation, nor for failure to abate any unlawful marijuana cultivation, nor for failure to take any other action with regard to any unlawful marijuana cultivation.
55.2.8.13 Remedies Cumulative. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. Nothing in this Section shall be deemed to authorize or permit any activity that violates any provision of state or federal law.
55.2.8.14 Other Nuisance. Nothing in this Section shall be construed as a limitation on the County’s authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building.
55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship.
55.2.9.1 Low Odor Strains. To alleviate the potential the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.
55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.
55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.
55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near medical marijuana or the area where medical marijuana is being cultivated. Grow, process, and store medical marijuana in as “organic” and safe a fashion as possible to reduce potential adverse effects during use by medical patients who are ill and may have compromised immune systems.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices –Northern California Farmer’s Guide. (Ord. 2523, Section 4, 10/28/2014)
55.3 MEDICAL CANNABIS DISPENSARIES ¶
55.3.1 Authority and Title. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.2 Purpose and Intent. The purpose of this Section is to minimize the negative land use impacts that can be associated with the dispensing of medical cannabis by a Dispensary, as defined herein, to a qualified patient and to facilitate local implementation of the California Medical Cannabis Regulation and Safety Act (“MCRSA”).
55.3.2.1The further purpose of this Section is to minimize the negative land use impacts that can be associated with the sale or testing of cannabis to adults twenty-one (21) years of age or older and to facilitate the local implementation of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) (SB 94), and as it may subsequently be amended. (Ord. 2588, Section 3, 11/14/2017)
55.3.3 Applicability and Interpretation. ¶
55.3.3.1These regulations shall apply to the locating and permitting of medical cannabis Dispensaries in zoning districts which authorize this use, as specified under Section 55.3.8.2 of this Code.
55.3.3.2The distribution of medical cannabis by medical cannabis Dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.
55.3.3.3All distribution of medical cannabis by medical cannabis Dispensaries, as defined herein, regardless of whether the use was previously approved by the Humboldt County Planning Commission or the Humboldt County Board of Supervisors, shall come into full compliance with these regulations within one (1) year of the adoption of the ordinance establishing this Code.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of medical cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, or compliance with the MCRSA and any other applicable state laws.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to exempt medical cannabis Dispensaries as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
55.3.3.6Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting medical cannabis Dispensaries.
55.3.3.7The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Humboldt County Code section 314-135 et seq. and section 111-1 et seq. may also apply to this Code.
55.3.3.8Adult Use Retail Sales facilities are a conditionally permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)
permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)
55.3.3.9Permits issued for Medical Cannabis Dispensaries pursuant to Section 314-55.3 as set forth in Ordinance No. 2554 shall remain valid, and shall be governed by the terms and conditions of the approved permit, including those limiting distribution and sales to qualified patients with a recommendation from a licensed California physician, consistent with state provisions for medicinal use. Any Dispensary operating under a local permit approved prior to the effective date of the ordinance adding section 55.3.3.8 may seek a modification of the permit to authorize the sale of cannabis to an adult twenty-one (21) years of age or older who is not a qualified patient with a physician recommendation. Modification of the permit may be authorized as provided under section 312-11 of these regulations. Approval of the modification must be made by the Planning Commission or Zoning Administrator, at a public hearing for which notice has been provided pursuant to section 312-8. Holders of such permits may apply for state licenses for either medicinal or adult use retail sale license categories, or any combination thereof as may be permitted under state statute and regulations. (Ord. 2588, Section 4, 11/14/2017)
55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for medical cannabis Dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of medical cannabis Dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of medical cannabis.
55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable state and county laws.
55.3.7Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.8 General Provisions. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.8.1All medical cannabis Dispensaries shall operate in compliance with this Code, the MCRSA, and all other applicable state and local laws.
55.3.8.2Medical cannabis Dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit issued pursuant to Section 312-3.1 of the code. Zoning districts where a Dispensary may be located are C-1, C-2, C-3, MB, ML, MH.
55.3.8.3The fact that applicants possess other types of state or county or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a conditional use permit from the County of Humboldt to operate a Dispensary within the jurisdiction of the County.
55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure the safety of patients and staff; to ensure the security of the medical cannabis; and to safeguard against the diversion of medical cannabis for non-medical purposes.
55.3.9 Medical Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a medical cannabis Dispensary:
55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
55.3.9.2The Planning Commission shall specifically regulate the location of medical cannabis Dispensaries by considering the potential impacts and cumulative impacts of proposed medical cannabis Dispensaries to the community area as a whole and specifically on the following existing uses located within a 600 foot radius of a proposed Dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit for any proposed medical cannabis Dispensary within 600 feet of the following uses if the Commission determines that the impacts of a proposed Dispensary have the potential to be significant on the following uses:
55.3.9.2.1Residential neighborhoods and their inhabitants;
55.3.9.2.2Church, as defined herein;
55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
55.3.9.2.4Residential treatment facilities, as defined herein; and
55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a 600 foot radius of the proposed new facility.
55.3.9.3No medical cannabis Dispensaries, operators, establishments, or providers who possess, cultivate, or distribute medical cannabis shall be located within a 600-foot radius of a school [Health & Safety Code section 11362.768 (b)]. This distance shall be measured in a straight line from the property line of the school to the property line of the medical cannabis dispensing facility, operator, establishment, or provider.
55.3.9.4Submission of an Operations Manual and compliance with the Operating Standards, pursuant to sections 55.3.10 and 55.3.11 of this Code.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit, medical cannabis Dispensaries shall submit to the Planning Commission an Operations Manual which provides for the following:
55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit application, the Operations Manual, and the Operating Standards at any time before or after the conditional use permit is issued; and
55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and
55.3.10.3The hours and days of the week when the Dispensary will be open; and
55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a 600 foot radius; and
55.3.10.5A description of the security measures located on the premises, including but not limited to, lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients and secure the medical cannabis against diversion for non-medical purposes; and
55.3.10.6A description of the screening, registration and validation process and procedures for qualified patients and primary caregivers; and
55.3.10.7A description of qualified patient records acquisition and retention procedures and policies; and
55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of medical cannabis that come in and go out of the Dispensary; and
55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and
55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and
55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all medical cannabis distributed; and
55.3.10.12The procedure and documentation process for determining patient dosage, including any testing for the major active agents in medical cannabis offered to qualified patients, such as cannabinoids tetrahydrocannabinol (THC), Cannabidiol (CBD), and Cannabinol (CBN); and
55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and
55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, medical cannabis Dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as medical cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Medical cannabis delivery services shall only operate from a “store-front” Dispensary in a commercial or industrial zone with an approved conditional use permit; and
55.3.11.2Medical cannabis Dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and
55.3.11.3No dispensing of medical cannabis to an individual qualified patient shall be permitted more than twice a day; and
55.3.11.4The hours of operation of medical cannabis Dispensaries shall be no earlier than 6:00 a.m. and no later than 10:00 p.m.; and
55.3.11.5Medical cannabis Dispensaries shall only provide medical cannabis to an individual qualified patient who has a valid, verified physician’s recommendation issued in the State of California. Dispensaries shall verify on an annual basis, or more frequently if required by the State of California, that the physician’s recommendations of their clients are current and valid; and
55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the Dispensary. A copy of the client rules and/or regulations shall be provided to the qualified patient by a medical cannabis delivery service; and
55.3.11.7Repealed by Ord. 2599, § 2, 5/8/2018.
55.3.11.8Each building entrance to a medical cannabis Dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
55.3.11.9No medical cannabis Dispensary or delivery service shall provide medical cannabis to any qualified patient or holder of a medical cannabis recommendation who is under 18 unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of medical cannabis; and
55.3.11.10All medical cannabis Dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
55.3.11.11All medical cannabis dispensed by Dispensaries must be obtained in accordance with the MCRSA and other applicable state and local laws; and
55.3.11.12Dispensaries must comply with sections 313-87.3 and 314-87.2 of the County Zoning Regulations; and
55.3.11.13An up-to-date inventory of all hazardous materials stored and used onsite shall be maintained on the premises of the Dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.14Medical cannabis Dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
55.3.11.15Medical cannabis Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual or in the Operating Standards must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change; and
55.3.11.16Medical cannabis Dispensaries shall comply with any and all conditions of their conditional use permit.
55.3.11.17The operator shall provide information to all employees about the potential health impacts of cannabis use on children. Information shall be provided by posting the brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card.” This information shall also be provided to all employees as part of the employee orientation.
55.3.11.18The brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card” shall be printed and made available to all customers where transactions are completed.
55.3.11.19Prior to operation, the operator shall work with the Department of Health and Human Services to provide signage notifying customers of the potential health effects of cannabis consumption during pregnancy and upon nursing children.
55.3.12Performance Review Reports
55.3.12.1Medical cannabis Dispensaries shall submit a “Performance Review Report” on an annual basis from their initial date of operation for review and approval by the Planning Commission. The Planning Commission may delegate review of the annual Performance Review Report to the Zoning Administrator at the time of the initial hearing or at any time thereafter. This annual “Performance Review Report” is intended to identify the effectiveness of the approved conditional use permit, Operations Manual, Operating Standards, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
55.3.12.2Medical cannabis Dispensaries shall be inspected by the Humboldt County Sheriff or his/her designee, and/or employees of the Humboldt County Planning and Building Department and/or the Code Enforcement Investigator on an annual basis, or more frequently as requested by the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1) to
determine if the Dispensary is in compliance with its conditional use permit, Operating Standards, and Operations Manual. After payment of the inspection fees as indicated in the following section, a copy of the results from this inspection shall be given to the Dispensary for inclusion in their “Performance Review Report” to the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1).
55.3.12.3Inspection and review fees pursuant to the County’s adopted schedule of fees and charges, as amended from time to time by the Board of Supervisors, shall be paid by medical cannabis Dispensaries and accompany the “Performance Review Report” for costs associated with the inspection and the review of the report by County staff.
55.3.12.4Non-compliance by medical cannabis Dispensaries in allowing the inspection by the above-mentioned County personnel, or refusal to pay the required fees, or non-compliance in submitting the annual “Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the conditional use permit and/ or subject the holder of the permit to the penalties outlined in this Code, above.
55.3.13Permit Revocation & Transfer
- 55.3.13.1A conditional use permit shall be revoked or modified according to Humboldt County Code Section 312 14 (Revocation Procedures). Permit revocation or modification shall be sought for non-compliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.
55.3.14.1Conditional use permits to operate a medical cannabis Dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.15Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.16 Medical Cannabis Business Offices. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE OF CANNABIS LAND USE REGULATION FOR THE INLAND AREA
55.4.1 Authority and Title. This section shall be known as the commercial cannabis land use ordinance (CCLUO), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Inland Area of the County of Humboldt.
55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment, increases public awareness, and community health and safety while creating a clear and attainable path for operators to follow and authorities to enforce.
These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of Section 313-55.1, 314-55.1, 313-55.2, or 314-55.2 concerning cultivation of medical marijuana for personal use by patients or caregivers, or contravene the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twenty-one (21) years of age or older.
55.4.3 Applicability and Interpretation. ¶
55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt outside of the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. Applications for commercial cannabis activity land use permits filed on or before December 31, 2016, shall be governed by the regulations in effect at the time of their submittal, except as follows and is otherwise prescribed herein. Zoning clearance certificate applications for open air cultivation filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.7 below. Zoning clearance certificate applications for retirement, remediation and relocation sites filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.5.9.4 below.
55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area regulations as well as other applicable provisions of the County Code.
55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis, from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.
55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 314-135 et seq. and Section 111-1 et seq. may also apply to this section.
55.4.3.5 A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCLUO for any commercial cannabis activity regulated by this section or Section 314-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.
55.4.3.6 Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”
55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.
55.4.3.8 Zoning clearance certificates and permits issued for commercial cannabis activities pursuant to the commercial medical marijuana land use ordinance (CMMLUO) as set forth in this section shall remain valid, and shall be governed by the terms and conditions of this section until such time as the permit is modified. Holders of such permits may apply for State licenses for either medicinal or adult use license categories, or any combination thereof as may be permitted under State statute and regulations.
55.4.3.9 Notwithstanding the provisions of the right to farm ordinance, Section 314-43.2.6, the commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the general agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.10 Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any zoning district other than those zoning districts where it is expressly permitted.
55.4.3.11 The fact that an applicant possesses other types of State, County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.12 No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, or use permit required under this section.
55.4.3.13 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.4.4 Definitions. ¶
“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.
“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.
“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.
“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
“Captured rainfall” means catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.
“Category 4 roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Division 2 of this title.
“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.
“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.
“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.
“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”
“Cultivation site” means the location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.
“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from aboveground irrigation.
“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light, or indoor.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.
“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method to make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.
“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.
“Forbearance period” means the calendar days during which water may not be diverted from a water body. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Homesite area” means the land up to two (2) acres immediately surrounding a house or dwelling, including any closely associated buildings and structures, garden, storage, driveway and parking areas, but excluding any associated “open fields beyond,” and also excluding any closely associated buildings, structures, or divisions that contain the separate activities of their own respective occupants with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated.
“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.
“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.
“Irrigation” means use of water by any commercial cannabis cultivation activity.
“Licensee” means a person issued a State license to engage in commercial cannabis activity.
“Local water source” means water withdrawal from a water body occurring on the same parcel(s) or premises, or in their vicinity.
“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.
“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than 10,000 square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.
“Nondiversionary water source” means not involving the withdrawal of water from a water body.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a conversion of timberland, conducted prior to January 1, 2016.
“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.
“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.
“Outdoor” means outdoor cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 314-147.
“Permaculture” means a set of design principles centered on whole systems thinking, simulating, or directly utilizing the patterns and resilient features observed in natural ecosystems. Commonly associated with permaculture include agro-forestry, swales, contour plantings, soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder. “Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or group holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument shall not be considered a “person” for purposes of this section.
“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence. The maximum cultivation area that may be recognized is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above.
“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.
“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.
“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.
“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”
“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community service districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic.
“Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.
“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.
“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from one hundred percent (100%) renewable source.
“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. Retailer shall include medical cannabis dispensaries, as defined in and regulated by Section 314-55.3.
“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.
“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.
“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.
“Slope” means natural grade as defined in Section 314-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to MAUCRSA.
“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.
“Timberland” means land, which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.
“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the tribal council or equivalent body.
“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by nontribal members.
“Water body” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Water body” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.
55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits. ¶
55.4.5.1 Special Area Provisions. ¶
55.4.5.1.1 No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2 No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3 A special permit shall be required for any commercial cannabis activity in a TPZ zoning district, when authorized pursuant to Section 314-55.4.6.5 (preexisting cultivation sites).
55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.
55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the community planning areas (CPAs) identified herein. For purposes of determining the Trinidad planning area, the Trinidad general plan shall be utilized.
55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 314-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.
The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.
55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. ¶
The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their tribal historic preservation officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).
55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, or use permit for commercial cannabis activity, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.
55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.
Any violation of this section, including, but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of this title.
Whenever permit applicants seeking permits for new commercial activities initiate operations ahead of permit issuance or preexisting cultivation site operators seeking permits expand cultivation operations ahead of permit issuance the Director shall have discretion to:
55.4.5.3.1 Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;
55.4.5.3.2 Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings; or
55.4.5.3.3 Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1 No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 31455.4.6.1.2.3.
55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable clearance or permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to five thousand (5,000) square feet may be permitted on a parcel of between five (5) and ten (10) acres with a zoning clearance certificate per Section 314-55.4.6.1.2.1.1).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Any commercial cannabis activity zoning clearance certificate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
ate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
55.4.5.7 Annual Inspections. If the Inspector or other County official determines that the site does not comply with the conditions of approval, the Inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed. Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed time frames, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the Inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.
55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.
55.4.5.8.2 The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.
55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the
commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.
55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries shall be principally permitted with a zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified:
55.4.6.1 Eligibility Criteria – Resource Production and Residential Areas.
55.4.6.1.1 Zoning. AE, AG, FR, and U when accompanied by a resource production general plan land use designation (not including timberland) or residential land use designation requiring parcel sizes of more than five (5) acres.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area.
55.4.6.1.2.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.1.2.1.1Cultivation is located within the homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.1.2.1.2The property is owner-occupied; and
55.4.6.1.2.1.3Water source for irrigation is permitted and non-diversionary; and
55.4.6.1.2.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.1.2.1.5Permaculture is practiced; and
55.4.6.1.2.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.1.2.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.1.2.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.1.2.2Five (5) acre minimum parcel size, on parcels between five (5) and ten (10) acres in size:
55.4.6.1.2.2.1Up to five thousand (5,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.2.2Up to ten thousand (10,000) square feet of cultivation area with a special permit.
55.4.6.1.2.3On parcels ten (10) acres or larger in size:
55.4.6.1.2.3.1Up to ten thousand (10,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.3.2Up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a special permit.
55.4.6.1.2.4On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit; up to a maximum of eight (8) acres can be permitted. All cultivation areas must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas.
55.4.6.2.1 Zoning. C-3, ML, MH, and U when accompanied by a commercial or industrial general plan land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.
55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a zoning clearance certificate.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse.
55.4.6.3 Eligibility Criteria – All Areas. ¶
55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use.
55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier. Water from on-site greywater systems is also authorized for year-round use. Dry farmed outdoor or mixed-light cultivation sites may utilize irrigation from diversionary sources for propagation areas and transplantation. Irrigation water sourced from diversionary sources may be permitted with a special permit pursuant to the streamside management area ordinance, Section 314-61.1, and subject to the performance standards for diversionary water use.
55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 314-55.4.12.1.8.
55.4.6.4 Siting Criteria – All Areas. ¶
55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less.
55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016.
55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited. Exceptions to the in native soil planting requirement may be considered with a use permit. Where an exception is sought, the use permit application shall include evidence demonstrating that in the circumstances of the particular cultivation site, it is better to not plant within the native soils. An exception shall only be approved if it can be demonstrated that the native soil will not be impaired or damaged.
55.4.6.4.4 Setbacks. ¶
55.4.6.4.4.1 Standard Setbacks. Cultivation site(s) must observe all of the following setbacks:
55.4.6.4.4.1.1 Property Lines. Thirty (30) feet from any property line. ¶
55.4.6.4.4.1.2 Residences and Undeveloped Parcels. Three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.
55.4.6.4.4.1.3 Sensitive Receptors. Six hundred (600) feet from a church or other place of religious worship, public park, tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.
55.4.6.4.4.1.4 Tribal Ceremonial Sites. One thousand (1,000) feet from all tribal ceremonial sites.
55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet may be allowed with a special permit; provided, that advance notice is given to the person or agency responsible for managing or supervising the management of those lands. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.
55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.
55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.
55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including surface water diversions, agricultural wells, and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting streamside
management areas (SMAs) or other wet areas, as identified and described under Section 314-61.1. Under certain circumstances, a special permit may be required.
55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 314-55.4.5.1.4 are subject to the following enhanced setbacks, unless confined within enclosed structures:
55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area;
55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.
55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 314-55.4.6.4.4.2.1 and 314-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of this section are not applicable to any commercial cannabis activities conducted on a parcel zoned MH or lands planned for General Industrial uses (IG).
55.4.6.5 Accommodations for Pre-Existing Cultivation Sites. As set forth in the following subsections, pre-existing cultivation sites that meet all other eligibility and siting criteria and performance standards may be permitted within AE, AG, RA, FR, FP, TPZ, and U zoning districts, where accompanied by a resource production general plan land use designation or residential land use designation requiring parcel sizes of more than five (5) acres. Expansion of pre-existing cultivation sites is prohibited where located within TPZ Zones or U Zones where the general plan land use designation is “timberland.” For other areas, where the size of a pre-existing cultivation site is smaller than the allowed cultivation area which can be permitted, the site may be expanded to the maximum allowed for the applicable parcel size and permit type within existing nonforested areas with slopes of fifteen percent (15%) or less.
Permit applications for pre-existing cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.
Except as stated below, applications for pre-existing cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of the documented pre-existing cultivation area and applications for pre-existing cultivation submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area. No new applications for pre-existing cultivation sites shall be accepted after December 31, 2019, except applications for cultivation sites of two thousand (2,000) square feet or less pursuant to Section 55.4.6.5.1.1: (a) may be submitted after December 31, 2019; and (b) may be permitted for one hundred percent (100%) of the documented pre-existing cultivation area up to two thousand (2,000) square feet.
55.4.6.5.1 Small Cultivation Sites. ¶
55.4.6.5.1.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1On parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1.1Cultivation is located within the two (2) acre homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.5.1.1.1.2The property is owner-occupied; and
55.4.6.5.1.1.1.3Water source for irrigation is permitted and nondiversionary; and
55.4.6.5.1.1.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.5.1.1.1.5Permaculture is practiced; and
55.4.6.5.1.1.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.5.1.1.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.5.1.1.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.5.1.2On parcels five (5) acres or larger in size, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a zoning clearance certificate, subject to the following additional requirements and allowances:
55.4.6.5.1.2.1The operator’s principal residence is located on the same parcel and the residence was in existence before January 1, 2016.
55.4.6.5.1.2.2Not more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.2.3The road systems performance standards in Section 55.4.12.1.8.1 shall not apply.
55.4.6.5.1.2.4The road systems performance standards in Sections 55.4.12.1.8.3 and 55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.2.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 55.4.12.1.8.4.1, and submit a report prepared pursuant to Section 55.4.12.1.8.3.2, unless one (1) has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.2.4.2Improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.
55.4.6.5.1.2.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.
55.4.6.5.2On an AE-zoned parcel less than one (1) acre in size, up to two thousand five hundred (2,500) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.3On parcels between one (1) acre and five (5) acres in size, up to three thousand (3,000) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.4 A cultivation site located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a special permit.
55.4.6.5.5 In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit, subject to all applicable performance standards.
55.4.6.5.6 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation. In TPZ Zones and U Zones (with a land use designation of timberland) the use of generators and mixed-light cultivation is prohibited. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.
55.4.6.5.6.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.6.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:
55.4.6.5.6.2.1Keeping of ancillary mother plants off-site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.
55.4.6.5.6.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.6.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.
55.4.6.5.7 Provisional Permitting. An application for a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and
Building Department within one (1) year of issuance of the provisional clearance or permit. All violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event no more than two (2) years after the date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall then act as Hearing Officer.
As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.
55.4.6.5.8 Myers Flat Community Area. In the Myers Flat Community Area, on any sized parcel, the cultivation area of a preexisting site may be permitted with a special permit, up to a maximum of three thousand (3,000) square feet. Expansion is prohibited on parcels less than one (1) acre in size. The cultivation area setback requirement specified in Section 314-55.4.6.4.4.1.1 shall be reduced to the setbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
etbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
55.4.6.5.9 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:
55.4.6.5.9.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that were in operation at any time between January 1, 2006, and January 1, 2016, and are located in TPZ, RA, U, AG, FR or AE Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 314-55.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.
55.4.6.5.9.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting the eligibility criteria specified in Section 314-55.4.6.1 or 314-55.4.6.2 and the siting criteria specified in Sections 314-55.4.6.4 through 314-55.4.6.8, as well as all applicable performance standards specified in Section 314-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 314-55.4.5.1.4. Applications for RRR sites shall not be accepted after December 31, 2018.
55.4.6.5.9.3Operators of RRR sites shall be eligible to receive a zoning clearance certificate or special permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.
s on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.
55.4.6.5.9.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k). Up to two (2) RRR site zoning clearance certificates may be granted on relocation site parcels of ten (10) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation zoning clearance certificates issued for that parcel does not exceed twenty percent (20%) of the area of the relocation site parcel. With a special permit, more than two (2) RRR sites may be located on relocation site parcels of ten (10) acres or larger provided the cumulative total cultivation area for all commercial cannabis cultivation does not exceed twenty percent (20%) of the area of the relocation site parcel. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
l soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
55.4.6.5.9.5In order to receive the benefits specified in Section 314-55.4.6.5.9.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard for remediation activities. The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so. The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt, shall on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.
55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis activities, including but not limited to bags, pots or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis and cannabis waste products, imported soil and soil
amendments not incorporated into native soil, generators, pumps, and structures not associated with noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.
For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 314-55.4.5.3 and Chapter 1 of Division 5 of this title.
55.4.6.7 Zoning Clearance Certificates for Open Air Cultivation Submitted under Prior Ordinance – Provisions for Neighborhood Compatibility. Where located in or within one thousand (1,000) feet of any incorporated city, sphere of influence (SOI) of any incorporated city, tribal lands, or within any of the following mapped community planning areas: Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek, zoning clearance certificate applications submitted prior to January 1, 2017, shall be subject to compliance with the following provisions, which are designed to ensure compatibility with surrounding land uses and control of potential nuisance, and are hereby retroactively applicable. For purposes of determining the Trinidad planning area, the city of Trinidad general plan shall be utilized.
55.4.6.7.1 Where there is no public controversy associated with an application, within three (3) months of effective date of this ordinance, the applicant may request the pending permit application or approved permit be considered or reconsidered as a special permit. If following appropriate public notice, there is no opposition to the special permit, the permit may be approved. In situations where there is public controversy, applicants and operators must choose to comply with one (1) of the following options:
55.4.6.7.1.1Demonstrate all areas of open air cultivation activities maintain setbacks of six hundred (600) feet or greater from any residence(s) located on a separately owned parcel, and are located six hundred (600) feet or greater from any residentially zoned area or applicable community planning area boundary.
55.4.6.7.1.2Confine all open air cultivation activities to enclosed structures.
55.4.6.7.1.3 Secure a Conditional Use Permit. In considering the use permit request, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.7.1.4 Request Permit Cancellation. Permit holders shall be eligible for relocation incentives pursuant to the provisions of Section 314-55.4.6.5.9 and may be required to perform remediation of the site, where necessary.
55.4.6.7.2 Within ten (10) working days of these provisions becoming effective, the Department will provide written notice to all applicants and permit holders of sites subject to these provisions. The notice will include a ninety (90) day deadline for applicants and permit holders to provide a written decision to the Planning and Building Department declaring which option has been chosen to achieve compliance with this section. Failure to provide a timely response is a violation of the ordinance and shall be grounds for permit cancellation, penalties and enforcement pursuant to Section 314-55.4.5.3.
55.4.6.7.3 Permittees must obtain approval of all plans within eighteen (18) months of receiving written notice pursuant to Section 314-55.4.6.7.2, and must complete all work within thirty-six (36) months of the effective date of these provisions.
55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) shall be equally distributed among each of the twelve (12) discrete planning watersheds of Humboldt County as directed by the Board of Supervisors by resolution.
Once the permit cap for a given watershed has been reached, no additional permit applications for open air cultivation activities will be processed until the Planning Commission and Board of Supervisors consider an analysis of the state of the watershed and approves an increase in the cap. The analysis shall include review of water flow data and applicable studies or information prepared by State and local agencies and recommendations from the following State agencies: California Department of Fish and Wildlife, North Coast Regional Water Quality Control Board, State Water Resources Control Board, and the Department of Forestry and Fire Protection.
55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. Off-site processing, enclosed nurseries and community propagation centers must meet or exceed the setbacks from sensitive receptors and all cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Sections 314-55.4.6.1.1 (AE, AG, FR, and U) and 314-55.4.6.2.1 (C-3, ML, MH, and U), as well as C-2 and MB Zones, distribution, offsite processing, enclosed nurseries, community propagation centers shall be principally permitted with a zoning clearance certificate when meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and
the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3. Cannabis support facilities may also be permitted in CH and MB Zones with a special permit, where meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate in C-2, C-3, MB, ML, MH Zones, or U (when accompanied by a commercial or industrial general plan land use designation) or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 31455.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.3 Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.8
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and comply with the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4, and 314-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 31455.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1 Within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate, but may only be conducted within a nonresidential structure which was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size, with a special permit, up to 10,000 square feet of indoor cultivation may be permitted within a new or existing commercial structure, where the building is - also approved and utilized for cannabis support facilities. All properties must meet the locational criteria of Section 314 55.4.8.1.3 (no exceptions permitted) and the structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel. The cultivation area of the indoor facility shall be included in the calculation of total cultivation area of the parcel, where determining conformance with the (parcel size-specific) cultivation acreage limits of Section 314-55.4.6.1.2.3.
55.4.8.1.2 Within those zones specified under Section 314-55.4.6.2.1 (C-3, ML, MH, and U) MN with the Indoor Cultivation Q – Qualified Combining Zone, and C-2 as part of a microbusiness provided all cannabis activities occur within a building that is two (2) stories or less in height, cultivation area is limited to two thousand five hundred (2,500) square feet, and where the cultivation and cannabis activities are in scale with the surrounding community.
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted with a zoning clearance certificate.
55.4.8.1.2.2Up to 10,000 square feet of cultivation area may be permitted with a special permit.
55.4.8.1.2.3A use permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
55.4.8.1.3 Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.
pplication shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 31455.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4 and 314-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 314-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:
55.4.8.2.1 Flammable Extraction. ¶
55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit in the MH Zone, as well as the U zoning district, when accompanied by the industrial general (IG) land use designation.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit in the C-3 and ML Zones, as well as the U zoning district, where previously developed with a lawful heavy industrial use.
55.4.8.2.1.3Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), on properties meeting the locational criteria of Section 31455.4.8.2.3.3 (no exceptions permitted) where conducted within the footprint of a nonresidential structure that was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size or on parcels with a minimum of forty (40) acres where an agricultural cooperative association is the applicant, flammable extraction may also be permitted within a new commercial structure. The structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel.
55.4.8.2.1.4All manufacturing activities involving flammable extraction must be conducted within a commercial structure. Where located within those zones specified under Sections 314-55.4.8.2.1.2 and 314-55.4.8.2.1.3, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.4.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 314-55.4.5.1.
55.4.8.2.1.4.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.4.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.4.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.
55.4.8.2.2 Nonflammable Extraction. ¶
55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be principally permitted subject to issuance of a zoning clearance certificate within the C-3, ML, and MH Zones, as well as the U zoning district, when accompanied by an industrial land use designation.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit within CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit within those zones - specified under Section 314 55.4.6.1.1 (AE, AG, FR, and U).
55.4.8.2.2.4Manufacturing activities involving nonflammable extraction may be permitted with a zoning clearance certificate in association with a cannabis cultivation permit without on-site customer traffic, subject to the eligibility criteria and siting criteria required for the cultivation, and, if located within an FP or TPZ zone, the permitted manufacturing activities must occur within existing structures. Manufacturing activities permitted pursuant to this subsection are exempt from the locational criteria established in Section 55.4.8.2.4. Manufacturing activities permitted pursuant to this subsection are limited to the use of cannabis grown on the same parcel(s) or premises.
55.4.8.2.3 Infusion. ¶
55.4.8.2.3.1Manufacturing activities involving infusion may be principally permitted subject to issuance of a zoning clearance certificate within the CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be principally permitted in all zones which permit cottage industry activities, when in compliance with all performance standards found within Section 314-45.1.3, or with a special permit pursuant to Section 314-45.1.4.
55.4.8.2.4 Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.9 Adaptive Reuse of Industrial Sites. On parcels two (2) acres or larger in size, within existing structures previously developed for a lawful heavy industrial operation, occupancy of up to one (1) acre of gross floor area may be permitted for use by commercial cannabis activities including: indoor cultivation, manufacturing, and cannabis support facilities. A zoning clearance certificate will be required for each discrete lease area. Where permitted occupancy and use of the site has reached one (1) acre, a use permit will be required to consider any further use of the site by commercial cannabis activities.
55.4.10 Other Provisions.
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
55.4.10.2 Farm-Based Retail Sales. In addition to the zones in which cannabis retail facilities may be permitted pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries, retail sales of cannabis products limited to those produced on the same parcel(s) or premises where the cannabis was cultivated, may occur as follows; provided, that the cultivator also obtains a State cannabis retail sale license, if necessary. Sales of any cannabis products not cultivated on the same parcel is prohibited, unless pursuant to a microbusiness permit and license. Sites hosting on-site customer traffic may be permitted with a conditional use permit. Sites without on-site customer traffic, where all goods are provided to customers through delivery, off-site pickup, or similar means to the extent authorized by law, may be permitted with a zoning clearance certificate. Farm-based retail sales are not permitted on any parcel zoned TPZ, or a parcel zoned U with an underlying land use designation of timberland.
55.4.10.3 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned FP or TPZ). In cases where the highest level of required permit among the proposed uses is a zoning clearance certificate, the microbusiness may be permitted with a zoning clearance certificate instead.
55.4.10.3.1 FP and TPZ Zones. Parcels zoned FP or TPZ may not host microbusinesses, except in cases fulfilling all the following requirements:
55.4.10.3.2.1All new commercial cannabis activities occur within existing structures;
55.4.10.3.2.2All cannabis product utilized on site is grown on site; and
55.4.10.3.2.3The site features no on-site customer traffic.
55.4.10.3.2Uses requiring a microbusiness permit per other sections of this code shall be presumed to require a special permit, unless otherwise stated.
55.4.10.4 Locational Criteria. Adult use retail sales, farm based retail sales with on-site customer traffic, and microbusinesses with onsite customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met. Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.
55.4.10.5 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a use permit as required by Section 314-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and city of Ferndale. Any event must be managed to ensure that (1) all cannabis vendor participants are licensed; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (3) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.6 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit; provided, that: (1) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and, (3) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.
55.4.10.7 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours. Businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate, subject to meeting the following criteria:
55.4.10.7.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.7.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.
Tour businesses not meeting the above criteria may be permitted with a special permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.
55.4.10.8 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties - in conformance with the public accommodation performance standards as specified in Section 314 60.05 (“Short-Term Rentals”).
55.4.10.9 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities. Transportation does not include warehousing or storage of cannabis.
55.4.10.10 Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
55.4.10.11 Interim Permitting of Preexisting Cultivation Sites. Where adequate evidence has been submitted demonstrating that a cultivation site existed prior to January 1, 2016, permit applications seeking authorization of commercial cannabis cultivation and ancillary activities at these sites shall be eligible to receive an interim permit, provided the application was filed prior to January 1, 2017, and has been determined to be complete for processing by the Director of the Planning and Building Department. Prior to issuance of any interim permit, the Department shall independently review evidence of prior cultivation and specify the size of preexisting cultivation area (if any) based upon aerial and satellite imagery, or other substantial evidence.
Approval of the interim permit is conditional and shall occur through issuance of a zoning clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
g clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
The interim permit authorizes the permittee to seek state licensure and continue operations until completion of the local permit review process and issuance or denial of a County permit, or January 1, 2019, whichever occurs first. The Director may extend this deadline for cause. Refusal of the Director to issue or extend an interim permit shall not entitle the applicant to a hearing or appeal of the decision. Additionally, approval of any interim permit does not obligate the County to approve a noninterim permit or extension of the interim permit. Permit cancellation and disqualification of the property from future permitting shall be decided by the Zoning Administrator or the Planning Commission at a noticed public hearing. Those decisions may be appealed to the Board of Supervisors pursuant to the appeal procedures outlined under Section 312-13 of these regulations.
55.4.11 Application Requirements for Clearances or Permits. Applications may be required to include any or all of the following information, depending on permit activities and location: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, tribal cultural resources, and historical resources; assessments of projectrelated noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a preexisting cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board.
The County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA). All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
55.4.12 Performance Standards. ¶
55.4.12.1 Performance Standards for All Commercial Cannabis Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
55.4.12.1.1 Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2 Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.
55.4.12.1.3 Where subject to State licensure, participate in local and State programs for “track and trace” once available.
55.4.12.1.4Maintain a current, valid business license at all times.
55.4.12.1.5 Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours prior notice, to be conducted by appropriate County officials during regular business hours (Monday – Friday, 9:00 a.m. – 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7 Comply with any special conditions applicable to the permit or premises which may be imposed.
55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable:
55.4.12.1.8.1 Standard 1 – Dead-End Road Length. Projects shall not be located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or secondary access for emergency vehicles and personnel, including wildland fire equipment.
Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:
55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a center-line stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or
55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of the road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County, including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.
55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.
55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s).
55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.
55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” which was adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:
55.4.12.1.8.3.1.1Impacts from point source and nonpoint source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.
55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.
55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.
55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.
55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.
55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.
55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing. ¶
55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA secretary, or similar information.
55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.
55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.
55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.
55.4.12.1.9 The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited.
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing new development activities shall provide the necessary information to implement the following mitigation measures from the final environmental impact report:
| Mitigation Measure # |
Description of Mitigation |
|---|---|
| 3.4-1a | Biological reconnaissance surveys |
| 3.4-1b | Special-status amphibian surveys and relocation/buffers |
| 3.4-1c | Westernpond turtle surveys and relocation/buffers |
| 3.4-1d | Nestingraptor surveys and relocation/buffers |
| 3.4-1e | Northern spotted owl surveys |
| 3.4-1f | Special-status nestingbird surveys/buffers |
| 3.4-1g | Marbled murrelet habitat suitabilitysurveys/buffers |
| 3.4-1i | American badger surveys and buffers |
| 3.4-1j | Fisher and Humboldt marten surveys and den site preservation/buffers |
| 3.4-1k | Bat surveyand buffers |
| 3.4-1l | Vole surveyand relocation/buffers |
| 3.4-3a | Special-statusplants surveys |
| Mitigation Measure # |
Description of Mitigation |
| --- | --- |
| 3.4-4 | Protection of sensitive natural communities, riparian habitat,wetland vegetation |
| 3.4-5 | Waters of the United States |
| 3.4-6b | Retention of Fisher and Humboldt marten habitat features |
Exception: This section shall not apply to new development activities within the footprint of existing structures or proposed on lands planned or zoned for commercial or industrial activities.
During permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required in concert with consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites that submitted for permitting prior to December 31, 2019, within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to participate in the retirement, remediation, and relocation provisions of the proposed ordinance to relocate the cannabis cultivation to outside of the northern spotted owl activity area.
55.4.12.1.11 Hazardous Material Site Assessments and Contingency Plans. Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I environmental site assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
l risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
55.4.12.1.11.1Where contamination at the project site has been verified, a hazardous materials contingency plan shall be submitted for County review and approval during permit review. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance.
55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.
55.4.12.1.11.3If at any time during construction, evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
55.4.12.1.12 Storm Water Management. Applications for cannabis activities shall include a plan detailing how storm water will be addressed for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain pre-project drainage conditions, and in particular that there will be no net increase in the volume of storm water runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.
55.4.12.1.13 Management of Waste and Hazardous Materials. ¶
55.4.12.1.13.1Applications shall include a plan for disposal of project-related waste, including: solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.)
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a materials management plan which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment.
55.4.12.1.14 Protection of Historical Resources. Applications proposing projects which include the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s professional qualification standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.
55.4.12.1.15 Inadvertent Discovery of Archaeological and Paleontological Resources. ¶
55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate tribal historic preservation officer(s), shall be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.
55.4.12.2 Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties. General standards applicable to all commercial cannabis activities:
55.4.12.2.1 All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).
55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies.
55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.
Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.
55.4.12.2.4 All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.
Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.
55.4.12.2.5 Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as a sudden, unexpected occurrence demanding immediate action.
55.4.12.2.6 Provide and maintain an approved means of sewage disposal.
55.4.12.2.7 All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8 All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday.
55.4.12.2.9This performance standard shall apply to all permittees, regardless of whether an application was submitted prior to or after December 31, 2016. Permittees shall provide and maintain security in an amount the department determines to be sufficient to
secure timely payment of annual taxes imposed by Chapter 9 of Division 1 of Title VII. Permittees shall provide and maintain such security in one (1) of the following forms:
55.4.12.2.9.1Cash, or a cash equivalent;
55.4.12.2.9.2A bond or bonds duly executed by an admitted surety insurer, as defined by Section 995.120 of the Code of Civil Procedure, payable to the County; or
55.4.12.2.9.3Written agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
ten agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
To maintain a permit or certificate, such security shall be in place by January 1st of each year that the permit or certificate is granted or prior to commencement of cultivation for permits granted after January 1st of that year. If the Planning Department does not receive the security prior to January 1st or commencement of cultivation, the permit or certificate shall be deemed to have expired.
55.4.12.3 [Reserved for Future Use] ¶
55.4.12.4 Performance Standard for Light Pollution Control.
55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded so that no light escapes between sunset and sunrise.
55.4.12.4.2Where located on a parcel abutting a residential zoning district or proposed within resource production or rural residential areas, any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.
55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 314-55.4.5.3.
55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:
55.4.12.5.1 Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2 On-site renewable energy system with twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3 Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
55.4.12.6 Performance Standard for Noise at Cultivation Sites. Noise from cultivation and related activities shall not result in an increase of more than three decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three or more property lines when all cannabis related activities are not in operation.
55.4.12.6.1In TPZ Zones and U Zones (with a general plan land use designation of timberland), the use of generators is prohibited.
55.4.12.6.2Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result.
55.4.12.6.3The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.3.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.3.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.3.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.3.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.
55.4.12.7 Performance Standards for Cannabis Irrigation. A special permit shall be required where irrigation of commercial cannabis cultivation activities occurs wholly or in part using one (1) or more diversionary sources of water. All cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
55.4.12.7.1 Documentation of Current and Projected Water Use. All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff and will be used to assist in identifying and establishing an appropriate forbearance period. At a minimum, the following items shall be included:
55.4.12.7.1.1Information identifying the cultivation season(s).
55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.
55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, showing volume in gallons.
55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.
55.4.12.7.2 Forbearance Period and Storage Requirements. ¶
55.4.12.7.2.1 Operators of cannabis cultivation site(s) shall forbear from diversions of surface water for irrigation during periods of low or reduced stream flows, in accordance with requirements of the State Water Resources Control Board.
55.4.12.7.2.2The County may require the submittal of a water management plan prepared by a qualified person such as a licensed engineer, hydrologist, or similar licensed professional, establishing a smaller or larger water storage and forbearance period, if required, based upon local site conditions.
55.4.12.7.2.3Where subject to forbearance, the applicant shall provide a plan for developing adequate on-site water storage to provide for irrigation, based on the size of the area to be cultivated.
55.4.12.7.3 Metering and Recordkeeping. ¶
55.4.12.7.3.1A metering device shall be installed and maintained on all discrete points of diversion or other locations of water withdrawal (including wells). The meter shall be located at or near the point of diversion or withdrawal.
55.4.12.7.3.2A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.3.3Operators shall maintain a weekly record of water collected from diversionary sources, as well as a record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site, and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.
55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:
55.4.12.8.1 Ponds and Reservoirs. ¶
55.4.12.8.1.1Except in limited circumstances where already permitted or existing, ponds shall be located “off-channel” from watercourses and adequately setback from streams, springs, and other hydrologic features.
55.4.12.8.1.2To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.
55.4.12.8.1.3Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from, or outlets to, a nearby stream or wetland.
55.4.12.8.1.4Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.1.5All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be
submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting time frames.
55.4.12.8.2 Bladders and Aboveground Pools, and Similar Vessels. Use of bladders, aboveground pools, and similar vessels is prohibited. Where a preexisting cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.
55.4.12.8.3 Tanks Located in Designated Flood Zones. Tanks shall be sited at least one (1) foot above the base flood elevation or wet flood proofed and anchored.
55.4.12.9 Performance Standard for Wells on Small Parcels. Cultivation site(s) located within areas planned or zoned for lot sizes of ten (10) acres or smaller where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. These tests shall be preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.
operation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.
55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.
55.4.12.11 Existing Site Reconfiguration. ¶
55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.
55.4.12.11.2A biological resource protection plan must be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within a streamside management area, sensitive plant community, or area of similar biological sensitivity.
55.4.12.11.3Any new timberland conversion proposed in association with cultivation site reconfiguration must not exceed the areas of existing conversion to be relocated.
Preexisting cultivation areas to be relocated must be restored to pre-disturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.
All relocated road segments must be fully decommissioned and restored to pre-disturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.5All remediation activities shall be performed in accordance with the remediation performance standard.
55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.
55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.
55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.
55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).
55.4.12.13 Performance Standard for Remediation Activities. All remediation activities shall be conducted in accordance with the requirements for mitigation and monitoring plans described within Section 314-61.1, including the standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations. ¶
55.4.12.14.1Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1.1Public visitation may be principally permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts or where zoned unclassified and planned for or developed with lawful commercial or industrial uses, when meeting the requirements of this section.
55.4.12.14.1.2Public visitation may be permitted with a special permit at sites located within those zones listed under Section 31455.4.6.1.1 (AE, AG, FR, and U), when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 314-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.
55.4.12.14.1.3Visitation by the general public may include tours and tour groups, farm stays, farm-based retail sales, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a conditional use permit pursuant to Section 314-62.1.
55.4.12.14.2 The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.2.1Sites located in those zones specified in Section 314-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. to 6:00 p.m.
55.4.12.14.2.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.2.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).
55.4.12.14.2.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.2.5 Road System and Driveways. ¶
55.4.12.14.2.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.12.14.2.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.2.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.
55.4.12.14.2.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.
55.4.12.14.2.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.2.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
55.4.12.14.2.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.2.6 Parking. ¶
55.4.12.14.2.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.2.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.
55.4.12.15 Performance Standards for Tour Operators and Tour Sites.
55.4.12.15.1 Tour Operators. Tour operators shall comply with all of the following measures:
55.4.12.15.1.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.1.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.
55.4.12.15.1.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.
55.4.12.15.1.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
55.4.12.15.2 Tour Site Eligibility Criteria. Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.2.1The site(s) conform with the public accommodation performance standard.
55.4.12.15.2.2Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Species Control. It is the responsibility of a certificate or permit holder to work to eradicate invasive species. As part of any application, the existence of invasive species on the project parcel need to be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required if invasive species are found to have returned.
55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:
55.4.13.1Cultivation area of three thousand (3,000) square feet or less.
55.4.13.2Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic certification standards or the substantial equivalent.
55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 314-43.2, right to farm ordinance, said statement shall include information describing the possibility of commercial cultivation of cannabis.
55.5 INDUSTRIAL HEMP LAND USE REGULATIONS ¶
55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the Inland Area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.
55.5.2 Applicability and Interpretation. ¶
55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.
55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis.
55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions” as defined in Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2593, 2/27/2018; Ord. 2599, §§ 1 – 4, 5/8/2018; Ord. 2615, § 1, 11/13/2018; Ord. 2652, § 2, 10/6/2020; Ord. 2653, § 2, 10/6/2020; Ord. 2654, § 2, 10/6/2020; Ord. 2667, § 2, 2/9/2021; Ord. 2670, § 2, 2/23/2021; Ord. 2683, §§ 2, 3, 9/21/2021; Ord. 2732, § 9, 3/5/2024; Ord. 2759, § 1, 3/18/2025; Ord. 2778, §§ 2, 3, 11/18/2025)
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55.1 INDOOR RESIDENTIAL CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ¶
55.1.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Indoor Cultivation”.
55.1.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Indoor Cultivation (“MMLUCIC” or “this Code”) is to regulate the cultivation of medical marijuana for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the residential cultivation and processing of medical marijuana for an individual patient’s use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
55.1.3 Applicability and Interpretation. ¶
55.1.3.1The indoor cultivation and processing of medical marijuana for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.
55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor residential cultivation of medical marijuana for personal use, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.
55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to the MMLUCIC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.
55.1.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.1.6 Penalties. ¶
Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable state and county laws, including the County’s medical marijuana abatement procedures as put forth in Section 314-55.2.
55.1.7 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Cultivation of Medical Marijuana for Personal Use: cultivation and processing of medical marijuana indoors in a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Detached Accessory Building - Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this Section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Personal Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s use.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
Residential Cultivation: the growing of fifty (50) square feet or less that is ten (10) feet or less in height of medical marijuana indoors within a residence or detached accessory structure, as defined herein. Such cultivation shall be for a qualified patient’s personal use and must be subordinate, incidental, and accessory to the residential use.
55.1.8 Indoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s indoor residential cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor residential medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Medical marijuana cultivation in a residence shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Medical marijuana cultivation in detached accessory buildings shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.3A total of fifty (50) square feet of indoor medical marijuana cultivation for personal use, which does not exceed ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than fifty (50) square feet or more than ten (10) feet in height of medical marijuana cultivation area per residence on the parcel, regardless of the number of qualified patients or primary caregivers residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The medical marijuana cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, posted with a legible copy of the individual patient’s medical marijuana recommendation, secured against unauthorized entry, and maintained for the exclusive use of the qualified patient; and
55.1.8.5Grow lights for medical marijuana cultivation for personal use in a residence or a detached accessory building shall not exceed 1200 watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of medical marijuana in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the residential cultivation of medical marijuana is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor medical marijuana cultivation or processing in a residence or a detached accessory building is prohibited; and
55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of medical marijuana in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
55.1.8.9On parcels that contain more than one residence, no odor of medical marijuana shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one residence, no odor of medical marijuana shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the medical marijuana cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of marijuana from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and
55.1.8.10From a public right of way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor medical marijuana cultivation at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Medical marijuana cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a Cottage Industry or a Home Occupation, and are not eligible for an address of convenience; and
55.1.8.12No sale, trading, or dispensing of medical marijuana is allowed on a parcel where residential cultivation of medical marijuana occurs; and
55.1.8.13The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where medical marijuana is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for medical marijuana cultivation; and
55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor residential cultivation of medical marijuana; and
55.1.8.16The indoor residential cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
55.1.8.17The indoor residential cultivation of medical marijuana must comply with all applicable state and county laws, including fire and building codes.
55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.
55.1.8.19Outdoor cultivation, as described in Section 314-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein. (Ord. 2468, Section 2, 12/13/2011; Ord. 2523, Section 3, 10/28/2014)
55.2 OUTDOOR CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ON SMALL PARCELS
55.2.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation”.
55.2.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation (“MMLUCSPOC” or “this Code”) is to establish reasonable regulations governing the outdoor cultivation of medical marijuana for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of medical marijuana for an individual patient’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
55.2.3 Applicability and Interpretation. ¶
55.2.3.1The outdoor cultivation and processing of medical marijuana on parcels five (5) acres or less in size within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.
55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt any outdoor cultivation activities on parcels five (5) acres or less in size, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to the MMLUCSPOC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.
55.2.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the attorney General of the State of California, or the Attorney General of the United States of America.
55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Acre: means 43,560 square feet. See also the definition of “Lot Size” found under Section 314-147 of the code.
Canopy: means the area, in square feet, of vegetative growth, of a marijuana plant including starts. Area shall be calculated using the following formula: Diameter of Plant squared, and then multiplied by the conversion factor (π/4). For example, if the diameter of one (1) plant is equal to 30 inches (2.5 feet), the canopy would equal 4.9 square feet [2.5 feet² x 0.7854].
Cultivation: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more marijuana plants or any part thereof in any outdoor location.
Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.
Indoor Cultivation of Medical Marijuana: cultivation and processing of medical marijuana inside a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Marijuana Plant: means any mature or immature male or female marijuana plant, or any marijuana seedling, unless otherwise specifically provided herein.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this Section.
Personal Use Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s exclusive use.
Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.
Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
alified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, section 1238, to receive school buses, as defined in California Vehicle Code section 233, or school pupil activity buses, as defined in Vehicle Code section 546.
Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.
55.2.7 Outdoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s outdoor cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, outdoor medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 314-147 of the code.
55.2.7.2It shall not be deemed a nuisance per se for a qualified patient to cultivate medical marijuana outdoors for personal use as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:
55.2.7.2.1On parcels one (1) acre or smaller in size, the total plant canopy of the medical marijuana cultivated outdoors may not exceed one hundred (100) square feet in size, nor may cultivation occur within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre and up to five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed two hundred (200) square feet in size, and on parcels larger than five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
han five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
55.2.7.2.3No outdoor cultivation may occur within 600 feet of any School, School Bus Stop, Public Park, Place of Religious Worship, or Traditional Native American Cultural Site, so long as these uses existed prior to the outdoor cultivation of medical marijuana in compliance with this Code; and
55.2.7.2.4Indoor medical marijuana cultivation may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and
55.2.7.2.6Cultivation within a greenhouse or “hoophouse” shall be deemed outdoor cultivation and subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks.
55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor residential cultivation of medical marijuana; and
55.2.7.2.8The outdoor cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of medical marijuana pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a Lake and Streambed Alteration Agreement is necessary. If such an Agreement is required, the water use must comply with all of its terms.
55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of medical marijuana for personal use may only occur by a qualified patient who occupies a permitted residence located on the same property that is host to the cultivation activities. If the qualified patient is not the owner of the property, the occupant must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent.
55.2.8 Nuisance Declared; Specialized Abatement Process; Enforcement.
55.2.8.1Any violation of this Section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law, including the specialized abatement process as provided for in this Code.
55.2.8.2 Notice to Abate Unlawful Marijuana Cultivation. Whenever an Enforcing Officer determines that a public nuisance as described in this Code exists on any property within the unincorporated area of Humboldt County he or she is authorized to notify the owner and/or occupant(s) of the premises through issuance of a ”Notice and Order to Abate Unlawful Marijuana Cultivation”.
55.2.8.2.1 Contents of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” shall be in writing and shall include the following:
55.2.8.2.1.1Name of the owner(s) of the property upon which the nuisance exists, as listed in the records of the county assessor, and any occupant(s) shall also be identified, if known; and
55.2.8.2.1.2A description of the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property and/or identification of such property by reference to the assessor’s parcel number; and
55.2.8.2.1.3A statement that medical marijuana cultivation in violation of this Section exists on the property and therefore such cultivation is a public nuisance per se.
55.2.8.2.1.4A description of the medical marijuana cultivation in violation of this Section that exists on the property and the actions required to abate it.
55.2.8.2.1.5A statement that the owner and/or occupant is required to abate the identified violations of this Code within fourteen (14) calendar days after the date that said Notice was served.
55.2.8.2.1.6A statement that the owner and/or occupant may, within ten (10) calendar days after the date that said Notice was served, make a request in writing to the Clerk of the Board of Supervisors for a hearing to appeal the determination of the Enforcing Officer that the conditions existing constitute a public nuisance, or to show other cause why those conditions should not be abated in accordance with the provisions of this Section.
55.2.8.2.1.7A statement that, unless the owner and/or occupant abates the unlawful marijuana cultivation, or requests a hearing before the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
efore the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
55.2.8.3 Service of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” (“Notice and Order”) shall be served by delivering it personally to the owner and/or to the occupant, or by mailing it by regular United States mail, together with a certificate of mailing, to the owner and/or occupant of the property at the address thereof, and to any non-occupying owner at his or her address as it appears on the last equalized assessment roll and by posting a copy of the Notice and Order on the real property upon which the nuisance exists as follows: copies of the Notice and Order shall be posted along the frontage of the subject property and at such other locations on the property reasonably likely to provide notice to the owner. In no event shall fewer than two (2) copies of the Notice and Order be posted on a property pursuant to this section.
55.2.8.3.1The date of service is deemed to be the date of deposit in the mail, personal delivery, or posting, as applicable.
55.2.8.4 Administrative Review. ¶
55.2.8.4.1Any person upon whom a Notice and Order to Abate Unlawful Marijuana Cultivation has been served may appeal the determination of the Enforcing Officer that the conditions set forth in the Notice and Order constitute a public nuisance to the Board of Supervisors, or may show cause before the Board of Supervisors why those conditions should not be abated in accordance with the provisions of this Section. Any such administrative review shall be commenced by filing a written request for a hearing with the Clerk of the Board of Supervisors within ten (10) calendar days after the date that said Notice and Order was served. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing such a written request shall be deemed jurisdictional and may not be waived. In the absence of a timely filed written request that complies fully with the requirements of this Section, the findings of the Enforcing Officer contained in the Notice and Order shall become final and conclusive on the eleventh day following service of the Notice and Order.
55.2.8.4.2Upon timely receipt of a written request for hearing which complies with the requirements of this Section, the Clerk of the Board of Supervisors shall set a hearing date not less than seven (7) days or more than thirty (30) days from the date the request was filed. The Clerk shall send written notice of the hearing date to the requesting party, to any other parties upon whom the Notice and Order was served, and to the Enforcing Officer.
55.2.8.4.3Any hearing conducted pursuant to this Section need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The Board of Supervisors has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
55.2.8.4.4The Board of Supervisors may continue the administrative hearing from time to time.
55.2.8.4.5The Board of Supervisors shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the Notice and Order. The Board of Supervisors shall issue a written decision in the form of a resolution, which shall include findings relating to the existence or nonexistence of the nuisance, as well as findings concerning the propriety and means of abatement of the nuisance conditions set forth in the Notice and Order. Such decision shall be mailed to the party requesting the hearing, any other parties upon whom the Notice and Order was served, and the Enforcing Officer.
55.2.8.4.6The decision of the Board of Supervisors shall be final and conclusive on the date it is made.
55.2.8.5 Liability for Costs. ¶
55.2.8.5.1In any enforcement action brought pursuant to this Section, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful marijuana cultivation to exist shall be liable for all costs incurred by the County, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this Section, whether those costs are incurred prior to, during, or following enactment of this Section.
55.2.8.5.2In any action by the Enforcing Officer to abate unlawful marijuana cultivation under this Section, whether by administrative proceedings or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney’s fees incurred. Recovery of attorneys’ fees under this Code shall be limited to those actions or proceedings in which the County elects, at the initiation of that action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the County in the action or proceeding.
55.2.8.6 Abatement by Owner or Occupant. Any owner or occupant may abate the unlawful marijuana cultivation or cause it to be abated at any time prior to commencement of abatement by the enforcing officer.
55.2.8.7 Enforcement. Whenever the Enforcing Officer becomes aware that an owner or occupant has failed to abate any unlawful marijuana cultivation within fourteen (14) days of the date of service of the Notice and Order, unless timely appealed, or of the date of the decision of the Board of Supervisors requiring such abatement, the Enforcing Officer may take one (1) or more of the following actions:
55.2.8.7.1Enter upon the property and abate the nuisance. The Enforcing Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the abatement work, if necessary; and/or
55.2.8.7.2Request that the County Counsel commence a civil action to redress, enjoin, and abate the public nuisance.
55.2.8.8 Accounting. The Enforcing Officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the Board of Supervisors showing the cost of abatement and the administrative costs for each parcel.
55.2.8.9 Notice of Hearing on Accounting; Waiver by Payment. Upon receipt of the account of the Enforcing Officer, the Clerk of the Board of Supervisors shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time not less than five (5) business days after the date of mailing of the notice, the Board of Supervisors will meet to review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the Enforcing Officer prior to the time set for the hearing by the Board of Supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable.
55.2.8.10 Hearing on Accounting. ¶
55.2.8.10.1At the time fixed, the Board of Supervisors shall meet to review the report on the accounting by the Enforcing Officer. An owner may appear at said time and be heard on whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner, is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed.
55.2.8.10.2The report and the accounting of the Enforcing Officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.
55.2.8.10.3 Modifications. The Board of Supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.
55.2.8.10.4 Special Assessment and Lien. The Board of Supervisors may order that the cost of abating nuisances pursuant to this Section and the administrative costs as confirmed by the Board be placed upon the County tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The Board of Supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code.
55.2.8.11 Enforcement by Civil Action. As an alternative to the procedures set forth in this Section the County may abate the violation of this Section by the prosecution of a civil action through the Office of the County Counsel, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this Section or requiring compliance with other terms.
55.2.8.12 No Duty to Enforce. Nothing in this Section shall be construed as imposing on the enforcing officer or the County of Humboldt any duty to issue an Notice and Order, nor to abate any unlawful marijuana cultivation, nor to take any other action with regard to any unlawful marijuana cultivation, and neither the enforcing officer nor the County of Humboldt shall be held liable for
failure to issue an order to abate any unlawful marijuana cultivation, nor for failure to abate any unlawful marijuana cultivation, nor for failure to take any other action with regard to any unlawful marijuana cultivation.
55.2.8.13 Remedies Cumulative. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. Nothing in this Section shall be deemed to authorize or permit any activity that violates any provision of state or federal law.
55.2.8.14 Other Nuisance. Nothing in this Section shall be construed as a limitation on the County’s authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building.
55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship.
55.2.9.1 Low Odor Strains. To alleviate the potential the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.
55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.
55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.
55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near medical marijuana or the area where medical marijuana is being cultivated. Grow, process, and store medical marijuana in as “organic” and safe a fashion as possible to reduce potential adverse effects during use by medical patients who are ill and may have compromised immune systems.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices –Northern California Farmer’s Guide. (Ord. 2523, Section 4, 10/28/2014)
55.3 MEDICAL CANNABIS DISPENSARIES ¶
55.3.1 Authority and Title. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.2 Purpose and Intent. The purpose of this Section is to minimize the negative land use impacts that can be associated with the dispensing of medical cannabis by a Dispensary, as defined herein, to a qualified patient and to facilitate local implementation of the California Medical Cannabis Regulation and Safety Act (“MCRSA”).
55.3.2.1The further purpose of this Section is to minimize the negative land use impacts that can be associated with the sale or testing of cannabis to adults twenty-one (21) years of age or older and to facilitate the local implementation of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) (SB 94), and as it may subsequently be amended. (Ord. 2588, Section 3, 11/14/2017)
55.3.3 Applicability and Interpretation. ¶
55.3.3.1These regulations shall apply to the locating and permitting of medical cannabis Dispensaries in zoning districts which authorize this use, as specified under Section 55.3.8.2 of this Code.
55.3.3.2The distribution of medical cannabis by medical cannabis Dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.
55.3.3.3All distribution of medical cannabis by medical cannabis Dispensaries, as defined herein, regardless of whether the use was previously approved by the Humboldt County Planning Commission or the Humboldt County Board of Supervisors, shall come into full compliance with these regulations within one (1) year of the adoption of the ordinance establishing this Code.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of medical cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, or compliance with the MCRSA and any other applicable state laws.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to exempt medical cannabis Dispensaries as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
55.3.3.6Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting medical cannabis Dispensaries.
55.3.3.7The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Humboldt County Code section 314-135 et seq. and section 111-1 et seq. may also apply to this Code.
55.3.3.8Adult Use Retail Sales facilities are a conditionally permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)
permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)
55.3.3.9Permits issued for Medical Cannabis Dispensaries pursuant to Section 314-55.3 as set forth in Ordinance No. 2554 shall remain valid, and shall be governed by the terms and conditions of the approved permit, including those limiting distribution and sales to qualified patients with a recommendation from a licensed California physician, consistent with state provisions for medicinal use. Any Dispensary operating under a local permit approved prior to the effective date of the ordinance adding section 55.3.3.8 may seek a modification of the permit to authorize the sale of cannabis to an adult twenty-one (21) years of age or older who is not a qualified patient with a physician recommendation. Modification of the permit may be authorized as provided under section 312-11 of these regulations. Approval of the modification must be made by the Planning Commission or Zoning Administrator, at a public hearing for which notice has been provided pursuant to section 312-8. Holders of such permits may apply for state licenses for either medicinal or adult use retail sale license categories, or any combination thereof as may be permitted under state statute and regulations. (Ord. 2588, Section 4, 11/14/2017)
55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for medical cannabis Dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of medical cannabis Dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of medical cannabis.
55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable state and county laws.
55.3.7Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.8 General Provisions. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.8.1All medical cannabis Dispensaries shall operate in compliance with this Code, the MCRSA, and all other applicable state and local laws.
55.3.8.2Medical cannabis Dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit issued pursuant to Section 312-3.1 of the code. Zoning districts where a Dispensary may be located are C-1, C-2, C-3, MB, ML, MH.
55.3.8.3The fact that applicants possess other types of state or county or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a conditional use permit from the County of Humboldt to operate a Dispensary within the jurisdiction of the County.
55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure the safety of patients and staff; to ensure the security of the medical cannabis; and to safeguard against the diversion of medical cannabis for non-medical purposes.
55.3.9 Medical Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a medical cannabis Dispensary:
55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
55.3.9.2The Planning Commission shall specifically regulate the location of medical cannabis Dispensaries by considering the potential impacts and cumulative impacts of proposed medical cannabis Dispensaries to the community area as a whole and specifically on the following existing uses located within a 600 foot radius of a proposed Dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit for any proposed medical cannabis Dispensary within 600 feet of the following uses if the Commission determines that the impacts of a proposed Dispensary have the potential to be significant on the following uses:
55.3.9.2.1Residential neighborhoods and their inhabitants;
55.3.9.2.2Church, as defined herein;
55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
55.3.9.2.4Residential treatment facilities, as defined herein; and
55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a 600 foot radius of the proposed new facility.
55.3.9.3No medical cannabis Dispensaries, operators, establishments, or providers who possess, cultivate, or distribute medical cannabis shall be located within a 600-foot radius of a school [Health & Safety Code section 11362.768 (b)]. This distance shall be measured in a straight line from the property line of the school to the property line of the medical cannabis dispensing facility, operator, establishment, or provider.
55.3.9.4Submission of an Operations Manual and compliance with the Operating Standards, pursuant to sections 55.3.10 and 55.3.11 of this Code.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit, medical cannabis Dispensaries shall submit to the Planning Commission an Operations Manual which provides for the following:
55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit application, the Operations Manual, and the Operating Standards at any time before or after the conditional use permit is issued; and
55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and
55.3.10.3The hours and days of the week when the Dispensary will be open; and
55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a 600 foot radius; and
55.3.10.5A description of the security measures located on the premises, including but not limited to, lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients and secure the medical cannabis against diversion for non-medical purposes; and
55.3.10.6A description of the screening, registration and validation process and procedures for qualified patients and primary caregivers; and
55.3.10.7A description of qualified patient records acquisition and retention procedures and policies; and
55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of medical cannabis that come in and go out of the Dispensary; and
55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and
55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and
55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all medical cannabis distributed; and
55.3.10.12The procedure and documentation process for determining patient dosage, including any testing for the major active agents in medical cannabis offered to qualified patients, such as cannabinoids tetrahydrocannabinol (THC), Cannabidiol (CBD), and Cannabinol (CBN); and
55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and
55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, medical cannabis Dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as medical cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Medical cannabis delivery services shall only operate from a “store-front” Dispensary in a commercial or industrial zone with an approved conditional use permit; and
55.3.11.2Medical cannabis Dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and
55.3.11.3No dispensing of medical cannabis to an individual qualified patient shall be permitted more than twice a day; and
55.3.11.4The hours of operation of medical cannabis Dispensaries shall be no earlier than 6:00 a.m. and no later than 10:00 p.m.; and
55.3.11.5Medical cannabis Dispensaries shall only provide medical cannabis to an individual qualified patient who has a valid, verified physician’s recommendation issued in the State of California. Dispensaries shall verify on an annual basis, or more frequently if required by the State of California, that the physician’s recommendations of their clients are current and valid; and
55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the Dispensary. A copy of the client rules and/or regulations shall be provided to the qualified patient by a medical cannabis delivery service; and
55.3.11.7Repealed by Ord. 2599, § 2, 5/8/2018.
55.3.11.8Each building entrance to a medical cannabis Dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
55.3.11.9No medical cannabis Dispensary or delivery service shall provide medical cannabis to any qualified patient or holder of a medical cannabis recommendation who is under 18 unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of medical cannabis; and
55.3.11.10All medical cannabis Dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
55.3.11.11All medical cannabis dispensed by Dispensaries must be obtained in accordance with the MCRSA and other applicable state and local laws; and
55.3.11.12Dispensaries must comply with sections 313-87.3 and 314-87.2 of the County Zoning Regulations; and
55.3.11.13An up-to-date inventory of all hazardous materials stored and used onsite shall be maintained on the premises of the Dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.14Medical cannabis Dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
55.3.11.15Medical cannabis Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual or in the Operating Standards must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change; and
55.3.11.16Medical cannabis Dispensaries shall comply with any and all conditions of their conditional use permit.
55.3.11.17The operator shall provide information to all employees about the potential health impacts of cannabis use on children. Information shall be provided by posting the brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card.” This information shall also be provided to all employees as part of the employee orientation.
55.3.11.18The brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card” shall be printed and made available to all customers where transactions are completed.
55.3.11.19Prior to operation, the operator shall work with the Department of Health and Human Services to provide signage notifying customers of the potential health effects of cannabis consumption during pregnancy and upon nursing children.
55.3.12Performance Review Reports
55.3.12.1Medical cannabis Dispensaries shall submit a “Performance Review Report” on an annual basis from their initial date of operation for review and approval by the Planning Commission. The Planning Commission may delegate review of the annual Performance Review Report to the Zoning Administrator at the time of the initial hearing or at any time thereafter. This annual “Performance Review Report” is intended to identify the effectiveness of the approved conditional use permit, Operations Manual, Operating Standards, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
55.3.12.2Medical cannabis Dispensaries shall be inspected by the Humboldt County Sheriff or his/her designee, and/or employees of the Humboldt County Planning and Building Department and/or the Code Enforcement Investigator on an annual basis, or more frequently as requested by the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1) to
determine if the Dispensary is in compliance with its conditional use permit, Operating Standards, and Operations Manual. After payment of the inspection fees as indicated in the following section, a copy of the results from this inspection shall be given to the Dispensary for inclusion in their “Performance Review Report” to the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1).
55.3.12.3Inspection and review fees pursuant to the County’s adopted schedule of fees and charges, as amended from time to time by the Board of Supervisors, shall be paid by medical cannabis Dispensaries and accompany the “Performance Review Report” for costs associated with the inspection and the review of the report by County staff.
55.3.12.4Non-compliance by medical cannabis Dispensaries in allowing the inspection by the above-mentioned County personnel, or refusal to pay the required fees, or non-compliance in submitting the annual “Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the conditional use permit and/ or subject the holder of the permit to the penalties outlined in this Code, above.
55.3.13Permit Revocation & Transfer
- 55.3.13.1A conditional use permit shall be revoked or modified according to Humboldt County Code Section 312 14 (Revocation Procedures). Permit revocation or modification shall be sought for non-compliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.
55.3.14.1Conditional use permits to operate a medical cannabis Dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.15Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.16 Medical Cannabis Business Offices. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE OF CANNABIS LAND USE REGULATION FOR THE INLAND AREA
55.4.1 Authority and Title. This section shall be known as the commercial cannabis land use ordinance (CCLUO), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Inland Area of the County of Humboldt.
55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment, increases public awareness, and community health and safety while creating a clear and attainable path for operators to follow and authorities to enforce.
These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of Section 313-55.1, 314-55.1, 313-55.2, or 314-55.2 concerning cultivation of medical marijuana for personal use by patients or caregivers, or contravene the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twenty-one (21) years of age or older.
55.4.3 Applicability and Interpretation. ¶
55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt outside of the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. Applications for commercial cannabis activity land use permits filed on or before December 31, 2016, shall be governed by the regulations in effect at the time of their submittal, except as follows and is otherwise prescribed herein. Zoning clearance certificate applications for open air cultivation filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.7 below. Zoning clearance certificate applications for retirement, remediation and relocation sites filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.5.9.4 below.
55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area regulations as well as other applicable provisions of the County Code.
55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis, from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.
55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 314-135 et seq. and Section 111-1 et seq. may also apply to this section.
55.4.3.5 A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCLUO for any commercial cannabis activity regulated by this section or Section 314-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.
55.4.3.6 Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”
55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.
55.4.3.8 Zoning clearance certificates and permits issued for commercial cannabis activities pursuant to the commercial medical marijuana land use ordinance (CMMLUO) as set forth in this section shall remain valid, and shall be governed by the terms and conditions of this section until such time as the permit is modified. Holders of such permits may apply for State licenses for either medicinal or adult use license categories, or any combination thereof as may be permitted under State statute and regulations.
55.4.3.9 Notwithstanding the provisions of the right to farm ordinance, Section 314-43.2.6, the commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the general agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.10 Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any zoning district other than those zoning districts where it is expressly permitted.
55.4.3.11 The fact that an applicant possesses other types of State, County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.12 No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, or use permit required under this section.
55.4.3.13 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.4.4 Definitions. ¶
“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.
“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.
“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.
“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
“Captured rainfall” means catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.
“Category 4 roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Division 2 of this title.
“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.
“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.
“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.
“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”
“Cultivation site” means the location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.
“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from aboveground irrigation.
“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light, or indoor.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.
“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method to make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.
“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.
“Forbearance period” means the calendar days during which water may not be diverted from a water body. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Homesite area” means the land up to two (2) acres immediately surrounding a house or dwelling, including any closely associated buildings and structures, garden, storage, driveway and parking areas, but excluding any associated “open fields beyond,” and also excluding any closely associated buildings, structures, or divisions that contain the separate activities of their own respective occupants with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated.
“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.
“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.
“Irrigation” means use of water by any commercial cannabis cultivation activity.
“Licensee” means a person issued a State license to engage in commercial cannabis activity.
“Local water source” means water withdrawal from a water body occurring on the same parcel(s) or premises, or in their vicinity.
“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.
“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than 10,000 square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.
“Nondiversionary water source” means not involving the withdrawal of water from a water body.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a conversion of timberland, conducted prior to January 1, 2016.
“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.
“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.
“Outdoor” means outdoor cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 314-147.
“Permaculture” means a set of design principles centered on whole systems thinking, simulating, or directly utilizing the patterns and resilient features observed in natural ecosystems. Commonly associated with permaculture include agro-forestry, swales, contour plantings, soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder. “Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or group holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument shall not be considered a “person” for purposes of this section.
“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence. The maximum cultivation area that may be recognized is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above.
“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.
“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.
“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.
“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”
“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community service districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic.
“Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.
“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.
“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from one hundred percent (100%) renewable source.
“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. Retailer shall include medical cannabis dispensaries, as defined in and regulated by Section 314-55.3.
“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.
“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.
“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.
“Slope” means natural grade as defined in Section 314-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to MAUCRSA.
“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.
“Timberland” means land, which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.
“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the tribal council or equivalent body.
“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by nontribal members.
“Water body” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Water body” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.
55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits. ¶
55.4.5.1 Special Area Provisions. ¶
55.4.5.1.1 No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2 No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3 A special permit shall be required for any commercial cannabis activity in a TPZ zoning district, when authorized pursuant to Section 314-55.4.6.5 (preexisting cultivation sites).
55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.
55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the community planning areas (CPAs) identified herein. For purposes of determining the Trinidad planning area, the Trinidad general plan shall be utilized.
55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 314-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.
The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.
55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. ¶
The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their tribal historic preservation officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).
55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, or use permit for commercial cannabis activity, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.
55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.
Any violation of this section, including, but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of this title.
Whenever permit applicants seeking permits for new commercial activities initiate operations ahead of permit issuance or preexisting cultivation site operators seeking permits expand cultivation operations ahead of permit issuance the Director shall have discretion to:
55.4.5.3.1 Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;
55.4.5.3.2 Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings; or
55.4.5.3.3 Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1 No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 31455.4.6.1.2.3.
55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable clearance or permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to five thousand (5,000) square feet may be permitted on a parcel of between five (5) and ten (10) acres with a zoning clearance certificate per Section 314-55.4.6.1.2.1.1).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Any commercial cannabis activity zoning clearance certificate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
ate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
55.4.5.7 Annual Inspections. If the Inspector or other County official determines that the site does not comply with the conditions of approval, the Inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed. Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed time frames, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the Inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.
55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.
55.4.5.8.2 The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.
55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the
commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.
55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries shall be principally permitted with a zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified:
55.4.6.1 Eligibility Criteria – Resource Production and Residential Areas.
55.4.6.1.1 Zoning. AE, AG, FR, and U when accompanied by a resource production general plan land use designation (not including timberland) or residential land use designation requiring parcel sizes of more than five (5) acres.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area.
55.4.6.1.2.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.1.2.1.1Cultivation is located within the homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.1.2.1.2The property is owner-occupied; and
55.4.6.1.2.1.3Water source for irrigation is permitted and non-diversionary; and
55.4.6.1.2.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.1.2.1.5Permaculture is practiced; and
55.4.6.1.2.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.1.2.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.1.2.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.1.2.2Five (5) acre minimum parcel size, on parcels between five (5) and ten (10) acres in size:
55.4.6.1.2.2.1Up to five thousand (5,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.2.2Up to ten thousand (10,000) square feet of cultivation area with a special permit.
55.4.6.1.2.3On parcels ten (10) acres or larger in size:
55.4.6.1.2.3.1Up to ten thousand (10,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.3.2Up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a special permit.
55.4.6.1.2.4On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit; up to a maximum of eight (8) acres can be permitted. All cultivation areas must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas.
55.4.6.2.1 Zoning. C-3, ML, MH, and U when accompanied by a commercial or industrial general plan land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.
55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a zoning clearance certificate.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse.
55.4.6.3 Eligibility Criteria – All Areas. ¶
55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use.
55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier. Water from on-site greywater systems is also authorized for year-round use. Dry farmed outdoor or mixed-light cultivation sites may utilize irrigation from diversionary sources for propagation areas and transplantation. Irrigation water sourced from diversionary sources may be permitted with a special permit pursuant to the streamside management area ordinance, Section 314-61.1, and subject to the performance standards for diversionary water use.
55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 314-55.4.12.1.8.
55.4.6.4 Siting Criteria – All Areas. ¶
55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less.
55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016.
55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited. Exceptions to the in native soil planting requirement may be considered with a use permit. Where an exception is sought, the use permit application shall include evidence demonstrating that in the circumstances of the particular cultivation site, it is better to not plant within the native soils. An exception shall only be approved if it can be demonstrated that the native soil will not be impaired or damaged.
55.4.6.4.4 Setbacks. ¶
55.4.6.4.4.1 Standard Setbacks. Cultivation site(s) must observe all of the following setbacks:
55.4.6.4.4.1.1 Property Lines. Thirty (30) feet from any property line. ¶
55.4.6.4.4.1.2 Residences and Undeveloped Parcels. Three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.
55.4.6.4.4.1.3 Sensitive Receptors. Six hundred (600) feet from a church or other place of religious worship, public park, tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.
55.4.6.4.4.1.4 Tribal Ceremonial Sites. One thousand (1,000) feet from all tribal ceremonial sites.
55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet may be allowed with a special permit; provided, that advance notice is given to the person or agency responsible for managing or supervising the management of those lands. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.
55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.
55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.
55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including surface water diversions, agricultural wells, and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting streamside
management areas (SMAs) or other wet areas, as identified and described under Section 314-61.1. Under certain circumstances, a special permit may be required.
55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 314-55.4.5.1.4 are subject to the following enhanced setbacks, unless confined within enclosed structures:
55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area;
55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.
55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 314-55.4.6.4.4.2.1 and 314-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of this section are not applicable to any commercial cannabis activities conducted on a parcel zoned MH or lands planned for General Industrial uses (IG).
55.4.6.5 Accommodations for Pre-Existing Cultivation Sites. As set forth in the following subsections, pre-existing cultivation sites that meet all other eligibility and siting criteria and performance standards may be permitted within AE, AG, RA, FR, FP, TPZ, and U zoning districts, where accompanied by a resource production general plan land use designation or residential land use designation requiring parcel sizes of more than five (5) acres. Expansion of pre-existing cultivation sites is prohibited where located within TPZ Zones or U Zones where the general plan land use designation is “timberland.” For other areas, where the size of a pre-existing cultivation site is smaller than the allowed cultivation area which can be permitted, the site may be expanded to the maximum allowed for the applicable parcel size and permit type within existing nonforested areas with slopes of fifteen percent (15%) or less.
Permit applications for pre-existing cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.
Except as stated below, applications for pre-existing cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of the documented pre-existing cultivation area and applications for pre-existing cultivation submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area. No new applications for pre-existing cultivation sites shall be accepted after December 31, 2019, except applications for cultivation sites of two thousand (2,000) square feet or less pursuant to Section 55.4.6.5.1.1: (a) may be submitted after December 31, 2019; and (b) may be permitted for one hundred percent (100%) of the documented pre-existing cultivation area up to two thousand (2,000) square feet.
55.4.6.5.1 Small Cultivation Sites. ¶
55.4.6.5.1.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1On parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1.1Cultivation is located within the two (2) acre homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.5.1.1.1.2The property is owner-occupied; and
55.4.6.5.1.1.1.3Water source for irrigation is permitted and nondiversionary; and
55.4.6.5.1.1.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.5.1.1.1.5Permaculture is practiced; and
55.4.6.5.1.1.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.5.1.1.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.5.1.1.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.5.1.2On parcels five (5) acres or larger in size, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a zoning clearance certificate, subject to the following additional requirements and allowances:
55.4.6.5.1.2.1The operator’s principal residence is located on the same parcel and the residence was in existence before January 1, 2016.
55.4.6.5.1.2.2Not more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.2.3The road systems performance standards in Section 55.4.12.1.8.1 shall not apply.
55.4.6.5.1.2.4The road systems performance standards in Sections 55.4.12.1.8.3 and 55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.2.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 55.4.12.1.8.4.1, and submit a report prepared pursuant to Section 55.4.12.1.8.3.2, unless one (1) has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.2.4.2Improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.
55.4.6.5.1.2.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.
55.4.6.5.2On an AE-zoned parcel less than one (1) acre in size, up to two thousand five hundred (2,500) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.3On parcels between one (1) acre and five (5) acres in size, up to three thousand (3,000) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.4 A cultivation site located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a special permit.
55.4.6.5.5 In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit, subject to all applicable performance standards.
55.4.6.5.6 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation. In TPZ Zones and U Zones (with a land use designation of timberland) the use of generators and mixed-light cultivation is prohibited. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.
55.4.6.5.6.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.6.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:
55.4.6.5.6.2.1Keeping of ancillary mother plants off-site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.
55.4.6.5.6.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.6.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.
55.4.6.5.7 Provisional Permitting. An application for a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and
Building Department within one (1) year of issuance of the provisional clearance or permit. All violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event no more than two (2) years after the date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall then act as Hearing Officer.
As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.
55.4.6.5.8 Myers Flat Community Area. In the Myers Flat Community Area, on any sized parcel, the cultivation area of a preexisting site may be permitted with a special permit, up to a maximum of three thousand (3,000) square feet. Expansion is prohibited on parcels less than one (1) acre in size. The cultivation area setback requirement specified in Section 314-55.4.6.4.4.1.1 shall be reduced to the setbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
etbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
55.4.6.5.9 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:
55.4.6.5.9.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that were in operation at any time between January 1, 2006, and January 1, 2016, and are located in TPZ, RA, U, AG, FR or AE Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 314-55.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.
55.4.6.5.9.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting the eligibility criteria specified in Section 314-55.4.6.1 or 314-55.4.6.2 and the siting criteria specified in Sections 314-55.4.6.4 through 314-55.4.6.8, as well as all applicable performance standards specified in Section 314-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 314-55.4.5.1.4. Applications for RRR sites shall not be accepted after December 31, 2018.
55.4.6.5.9.3Operators of RRR sites shall be eligible to receive a zoning clearance certificate or special permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.
s on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.
55.4.6.5.9.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k). Up to two (2) RRR site zoning clearance certificates may be granted on relocation site parcels of ten (10) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation zoning clearance certificates issued for that parcel does not exceed twenty percent (20%) of the area of the relocation site parcel. With a special permit, more than two (2) RRR sites may be located on relocation site parcels of ten (10) acres or larger provided the cumulative total cultivation area for all commercial cannabis cultivation does not exceed twenty percent (20%) of the area of the relocation site parcel. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
l soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
55.4.6.5.9.5In order to receive the benefits specified in Section 314-55.4.6.5.9.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard for remediation activities. The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so. The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt, shall on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.
55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis activities, including but not limited to bags, pots or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis and cannabis waste products, imported soil and soil
amendments not incorporated into native soil, generators, pumps, and structures not associated with noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.
For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 314-55.4.5.3 and Chapter 1 of Division 5 of this title.
55.4.6.7 Zoning Clearance Certificates for Open Air Cultivation Submitted under Prior Ordinance – Provisions for Neighborhood Compatibility. Where located in or within one thousand (1,000) feet of any incorporated city, sphere of influence (SOI) of any incorporated city, tribal lands, or within any of the following mapped community planning areas: Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek, zoning clearance certificate applications submitted prior to January 1, 2017, shall be subject to compliance with the following provisions, which are designed to ensure compatibility with surrounding land uses and control of potential nuisance, and are hereby retroactively applicable. For purposes of determining the Trinidad planning area, the city of Trinidad general plan shall be utilized.
55.4.6.7.1 Where there is no public controversy associated with an application, within three (3) months of effective date of this ordinance, the applicant may request the pending permit application or approved permit be considered or reconsidered as a special permit. If following appropriate public notice, there is no opposition to the special permit, the permit may be approved. In situations where there is public controversy, applicants and operators must choose to comply with one (1) of the following options:
55.4.6.7.1.1Demonstrate all areas of open air cultivation activities maintain setbacks of six hundred (600) feet or greater from any residence(s) located on a separately owned parcel, and are located six hundred (600) feet or greater from any residentially zoned area or applicable community planning area boundary.
55.4.6.7.1.2Confine all open air cultivation activities to enclosed structures.
55.4.6.7.1.3 Secure a Conditional Use Permit. In considering the use permit request, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.7.1.4 Request Permit Cancellation. Permit holders shall be eligible for relocation incentives pursuant to the provisions of Section 314-55.4.6.5.9 and may be required to perform remediation of the site, where necessary.
55.4.6.7.2 Within ten (10) working days of these provisions becoming effective, the Department will provide written notice to all applicants and permit holders of sites subject to these provisions. The notice will include a ninety (90) day deadline for applicants and permit holders to provide a written decision to the Planning and Building Department declaring which option has been chosen to achieve compliance with this section. Failure to provide a timely response is a violation of the ordinance and shall be grounds for permit cancellation, penalties and enforcement pursuant to Section 314-55.4.5.3.
55.4.6.7.3 Permittees must obtain approval of all plans within eighteen (18) months of receiving written notice pursuant to Section 314-55.4.6.7.2, and must complete all work within thirty-six (36) months of the effective date of these provisions.
55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) shall be equally distributed among each of the twelve (12) discrete planning watersheds of Humboldt County as directed by the Board of Supervisors by resolution.
Once the permit cap for a given watershed has been reached, no additional permit applications for open air cultivation activities will be processed until the Planning Commission and Board of Supervisors consider an analysis of the state of the watershed and approves an increase in the cap. The analysis shall include review of water flow data and applicable studies or information prepared by State and local agencies and recommendations from the following State agencies: California Department of Fish and Wildlife, North Coast Regional Water Quality Control Board, State Water Resources Control Board, and the Department of Forestry and Fire Protection.
55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. Off-site processing, enclosed nurseries and community propagation centers must meet or exceed the setbacks from sensitive receptors and all cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Sections 314-55.4.6.1.1 (AE, AG, FR, and U) and 314-55.4.6.2.1 (C-3, ML, MH, and U), as well as C-2 and MB Zones, distribution, offsite processing, enclosed nurseries, community propagation centers shall be principally permitted with a zoning clearance certificate when meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and
the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3. Cannabis support facilities may also be permitted in CH and MB Zones with a special permit, where meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate in C-2, C-3, MB, ML, MH Zones, or U (when accompanied by a commercial or industrial general plan land use designation) or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 31455.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.3 Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.8
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and comply with the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4, and 314-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 31455.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1 Within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate, but may only be conducted within a nonresidential structure which was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size, with a special permit, up to 10,000 square feet of indoor cultivation may be permitted within a new or existing commercial structure, where the building is - also approved and utilized for cannabis support facilities. All properties must meet the locational criteria of Section 314 55.4.8.1.3 (no exceptions permitted) and the structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel. The cultivation area of the indoor facility shall be included in the calculation of total cultivation area of the parcel, where determining conformance with the (parcel size-specific) cultivation acreage limits of Section 314-55.4.6.1.2.3.
55.4.8.1.2 Within those zones specified under Section 314-55.4.6.2.1 (C-3, ML, MH, and U) MN with the Indoor Cultivation Q – Qualified Combining Zone, and C-2 as part of a microbusiness provided all cannabis activities occur within a building that is two (2) stories or less in height, cultivation area is limited to two thousand five hundred (2,500) square feet, and where the cultivation and cannabis activities are in scale with the surrounding community.
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted with a zoning clearance certificate.
55.4.8.1.2.2Up to 10,000 square feet of cultivation area may be permitted with a special permit.
55.4.8.1.2.3A use permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
55.4.8.1.3 Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.
pplication shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 31455.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4 and 314-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 314-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:
55.4.8.2.1 Flammable Extraction. ¶
55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit in the MH Zone, as well as the U zoning district, when accompanied by the industrial general (IG) land use designation.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit in the C-3 and ML Zones, as well as the U zoning district, where previously developed with a lawful heavy industrial use.
55.4.8.2.1.3Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), on properties meeting the locational criteria of Section 31455.4.8.2.3.3 (no exceptions permitted) where conducted within the footprint of a nonresidential structure that was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size or on parcels with a minimum of forty (40) acres where an agricultural cooperative association is the applicant, flammable extraction may also be permitted within a new commercial structure. The structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel.
55.4.8.2.1.4All manufacturing activities involving flammable extraction must be conducted within a commercial structure. Where located within those zones specified under Sections 314-55.4.8.2.1.2 and 314-55.4.8.2.1.3, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.4.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 314-55.4.5.1.
55.4.8.2.1.4.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.4.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.4.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.
55.4.8.2.2 Nonflammable Extraction. ¶
55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be principally permitted subject to issuance of a zoning clearance certificate within the C-3, ML, and MH Zones, as well as the U zoning district, when accompanied by an industrial land use designation.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit within CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit within those zones - specified under Section 314 55.4.6.1.1 (AE, AG, FR, and U).
55.4.8.2.2.4Manufacturing activities involving nonflammable extraction may be permitted with a zoning clearance certificate in association with a cannabis cultivation permit without on-site customer traffic, subject to the eligibility criteria and siting criteria required for the cultivation, and, if located within an FP or TPZ zone, the permitted manufacturing activities must occur within existing structures. Manufacturing activities permitted pursuant to this subsection are exempt from the locational criteria established in Section 55.4.8.2.4. Manufacturing activities permitted pursuant to this subsection are limited to the use of cannabis grown on the same parcel(s) or premises.
55.4.8.2.3 Infusion. ¶
55.4.8.2.3.1Manufacturing activities involving infusion may be principally permitted subject to issuance of a zoning clearance certificate within the CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be principally permitted in all zones which permit cottage industry activities, when in compliance with all performance standards found within Section 314-45.1.3, or with a special permit pursuant to Section 314-45.1.4.
55.4.8.2.4 Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.9 Adaptive Reuse of Industrial Sites. On parcels two (2) acres or larger in size, within existing structures previously developed for a lawful heavy industrial operation, occupancy of up to one (1) acre of gross floor area may be permitted for use by commercial cannabis activities including: indoor cultivation, manufacturing, and cannabis support facilities. A zoning clearance certificate will be required for each discrete lease area. Where permitted occupancy and use of the site has reached one (1) acre, a use permit will be required to consider any further use of the site by commercial cannabis activities.
55.4.10 Other Provisions.
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
55.4.10.2 Farm-Based Retail Sales. In addition to the zones in which cannabis retail facilities may be permitted pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries, retail sales of cannabis products limited to those produced on the same parcel(s) or premises where the cannabis was cultivated, may occur as follows; provided, that the cultivator also obtains a State cannabis retail sale license, if necessary. Sales of any cannabis products not cultivated on the same parcel is prohibited, unless pursuant to a microbusiness permit and license. Sites hosting on-site customer traffic may be permitted with a conditional use permit. Sites without on-site customer traffic, where all goods are provided to customers through delivery, off-site pickup, or similar means to the extent authorized by law, may be permitted with a zoning clearance certificate. Farm-based retail sales are not permitted on any parcel zoned TPZ, or a parcel zoned U with an underlying land use designation of timberland.
55.4.10.3 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned FP or TPZ). In cases where the highest level of required permit among the proposed uses is a zoning clearance certificate, the microbusiness may be permitted with a zoning clearance certificate instead.
55.4.10.3.1 FP and TPZ Zones. Parcels zoned FP or TPZ may not host microbusinesses, except in cases fulfilling all the following requirements:
55.4.10.3.2.1All new commercial cannabis activities occur within existing structures;
55.4.10.3.2.2All cannabis product utilized on site is grown on site; and
55.4.10.3.2.3The site features no on-site customer traffic.
55.4.10.3.2Uses requiring a microbusiness permit per other sections of this code shall be presumed to require a special permit, unless otherwise stated.
55.4.10.4 Locational Criteria. Adult use retail sales, farm based retail sales with on-site customer traffic, and microbusinesses with onsite customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met. Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.
55.4.10.5 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a use permit as required by Section 314-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and city of Ferndale. Any event must be managed to ensure that (1) all cannabis vendor participants are licensed; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (3) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.6 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit; provided, that: (1) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and, (3) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.
55.4.10.7 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours. Businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate, subject to meeting the following criteria:
55.4.10.7.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.7.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.
Tour businesses not meeting the above criteria may be permitted with a special permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.
55.4.10.8 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties - in conformance with the public accommodation performance standards as specified in Section 314 60.05 (“Short-Term Rentals”).
55.4.10.9 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities. Transportation does not include warehousing or storage of cannabis.
55.4.10.10 Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
55.4.10.11 Interim Permitting of Preexisting Cultivation Sites. Where adequate evidence has been submitted demonstrating that a cultivation site existed prior to January 1, 2016, permit applications seeking authorization of commercial cannabis cultivation and ancillary activities at these sites shall be eligible to receive an interim permit, provided the application was filed prior to January 1, 2017, and has been determined to be complete for processing by the Director of the Planning and Building Department. Prior to issuance of any interim permit, the Department shall independently review evidence of prior cultivation and specify the size of preexisting cultivation area (if any) based upon aerial and satellite imagery, or other substantial evidence.
Approval of the interim permit is conditional and shall occur through issuance of a zoning clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
g clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
The interim permit authorizes the permittee to seek state licensure and continue operations until completion of the local permit review process and issuance or denial of a County permit, or January 1, 2019, whichever occurs first. The Director may extend this deadline for cause. Refusal of the Director to issue or extend an interim permit shall not entitle the applicant to a hearing or appeal of the decision. Additionally, approval of any interim permit does not obligate the County to approve a noninterim permit or extension of the interim permit. Permit cancellation and disqualification of the property from future permitting shall be decided by the Zoning Administrator or the Planning Commission at a noticed public hearing. Those decisions may be appealed to the Board of Supervisors pursuant to the appeal procedures outlined under Section 312-13 of these regulations.
55.4.11 Application Requirements for Clearances or Permits. Applications may be required to include any or all of the following information, depending on permit activities and location: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, tribal cultural resources, and historical resources; assessments of projectrelated noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a preexisting cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board.
The County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA). All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
55.4.12 Performance Standards. ¶
55.4.12.1 Performance Standards for All Commercial Cannabis Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
55.4.12.1.1 Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2 Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.
55.4.12.1.3 Where subject to State licensure, participate in local and State programs for “track and trace” once available.
55.4.12.1.4Maintain a current, valid business license at all times.
55.4.12.1.5 Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours prior notice, to be conducted by appropriate County officials during regular business hours (Monday – Friday, 9:00 a.m. – 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7 Comply with any special conditions applicable to the permit or premises which may be imposed.
55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable:
55.4.12.1.8.1 Standard 1 – Dead-End Road Length. Projects shall not be located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or secondary access for emergency vehicles and personnel, including wildland fire equipment.
Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:
55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a center-line stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or
55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of the road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County, including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.
55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.
55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s).
55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.
55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” which was adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:
55.4.12.1.8.3.1.1Impacts from point source and nonpoint source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.
55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.
55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.
55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.
55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.
55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.
55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing. ¶
55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA secretary, or similar information.
55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.
55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.
55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.
55.4.12.1.9 The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited.
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing new development activities shall provide the necessary information to implement the following mitigation measures from the final environmental impact report:
| Mitigation Measure # |
Description of Mitigation |
|---|---|
| 3.4-1a | Biological reconnaissance surveys |
| 3.4-1b | Special-status amphibian surveys and relocation/buffers |
| 3.4-1c | Westernpond turtle surveys and relocation/buffers |
| 3.4-1d | Nestingraptor surveys and relocation/buffers |
| 3.4-1e | Northern spotted owl surveys |
| 3.4-1f | Special-status nestingbird surveys/buffers |
| 3.4-1g | Marbled murrelet habitat suitabilitysurveys/buffers |
| 3.4-1i | American badger surveys and buffers |
| 3.4-1j | Fisher and Humboldt marten surveys and den site preservation/buffers |
| 3.4-1k | Bat surveyand buffers |
| 3.4-1l | Vole surveyand relocation/buffers |
| 3.4-3a | Special-statusplants surveys |
| Mitigation Measure # |
Description of Mitigation |
| --- | --- |
| 3.4-4 | Protection of sensitive natural communities, riparian habitat,wetland vegetation |
| 3.4-5 | Waters of the United States |
| 3.4-6b | Retention of Fisher and Humboldt marten habitat features |
Exception: This section shall not apply to new development activities within the footprint of existing structures or proposed on lands planned or zoned for commercial or industrial activities.
During permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required in concert with consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites that submitted for permitting prior to December 31, 2019, within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to participate in the retirement, remediation, and relocation provisions of the proposed ordinance to relocate the cannabis cultivation to outside of the northern spotted owl activity area.
55.4.12.1.11 Hazardous Material Site Assessments and Contingency Plans. Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I environmental site assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
l risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
55.4.12.1.11.1Where contamination at the project site has been verified, a hazardous materials contingency plan shall be submitted for County review and approval during permit review. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance.
55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.
55.4.12.1.11.3If at any time during construction, evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
55.4.12.1.12 Storm Water Management. Applications for cannabis activities shall include a plan detailing how storm water will be addressed for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain pre-project drainage conditions, and in particular that there will be no net increase in the volume of storm water runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.
55.4.12.1.13 Management of Waste and Hazardous Materials. ¶
55.4.12.1.13.1Applications shall include a plan for disposal of project-related waste, including: solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.)
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a materials management plan which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment.
55.4.12.1.14 Protection of Historical Resources. Applications proposing projects which include the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s professional qualification standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.
55.4.12.1.15 Inadvertent Discovery of Archaeological and Paleontological Resources. ¶
55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate tribal historic preservation officer(s), shall be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.
55.4.12.2 Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties. General standards applicable to all commercial cannabis activities:
55.4.12.2.1 All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).
55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies.
55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.
Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.
55.4.12.2.4 All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.
Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.
55.4.12.2.5 Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as a sudden, unexpected occurrence demanding immediate action.
55.4.12.2.6 Provide and maintain an approved means of sewage disposal.
55.4.12.2.7 All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8 All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday.
55.4.12.2.9This performance standard shall apply to all permittees, regardless of whether an application was submitted prior to or after December 31, 2016. Permittees shall provide and maintain security in an amount the department determines to be sufficient to
secure timely payment of annual taxes imposed by Chapter 9 of Division 1 of Title VII. Permittees shall provide and maintain such security in one (1) of the following forms:
55.4.12.2.9.1Cash, or a cash equivalent;
55.4.12.2.9.2A bond or bonds duly executed by an admitted surety insurer, as defined by Section 995.120 of the Code of Civil Procedure, payable to the County; or
55.4.12.2.9.3Written agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
ten agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
To maintain a permit or certificate, such security shall be in place by January 1st of each year that the permit or certificate is granted or prior to commencement of cultivation for permits granted after January 1st of that year. If the Planning Department does not receive the security prior to January 1st or commencement of cultivation, the permit or certificate shall be deemed to have expired.
55.4.12.3 [Reserved for Future Use] ¶
55.4.12.4 Performance Standard for Light Pollution Control.
55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded so that no light escapes between sunset and sunrise.
55.4.12.4.2Where located on a parcel abutting a residential zoning district or proposed within resource production or rural residential areas, any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.
55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 314-55.4.5.3.
55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:
55.4.12.5.1 Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2 On-site renewable energy system with twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3 Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
55.4.12.6 Performance Standard for Noise at Cultivation Sites. Noise from cultivation and related activities shall not result in an increase of more than three decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three or more property lines when all cannabis related activities are not in operation.
55.4.12.6.1In TPZ Zones and U Zones (with a general plan land use designation of timberland), the use of generators is prohibited.
55.4.12.6.2Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result.
55.4.12.6.3The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.3.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.3.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.3.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.3.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.
55.4.12.7 Performance Standards for Cannabis Irrigation. A special permit shall be required where irrigation of commercial cannabis cultivation activities occurs wholly or in part using one (1) or more diversionary sources of water. All cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
55.4.12.7.1 Documentation of Current and Projected Water Use. All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff and will be used to assist in identifying and establishing an appropriate forbearance period. At a minimum, the following items shall be included:
55.4.12.7.1.1Information identifying the cultivation season(s).
55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.
55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, showing volume in gallons.
55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.
55.4.12.7.2 Forbearance Period and Storage Requirements. ¶
55.4.12.7.2.1 Operators of cannabis cultivation site(s) shall forbear from diversions of surface water for irrigation during periods of low or reduced stream flows, in accordance with requirements of the State Water Resources Control Board.
55.4.12.7.2.2The County may require the submittal of a water management plan prepared by a qualified person such as a licensed engineer, hydrologist, or similar licensed professional, establishing a smaller or larger water storage and forbearance period, if required, based upon local site conditions.
55.4.12.7.2.3Where subject to forbearance, the applicant shall provide a plan for developing adequate on-site water storage to provide for irrigation, based on the size of the area to be cultivated.
55.4.12.7.3 Metering and Recordkeeping. ¶
55.4.12.7.3.1A metering device shall be installed and maintained on all discrete points of diversion or other locations of water withdrawal (including wells). The meter shall be located at or near the point of diversion or withdrawal.
55.4.12.7.3.2A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.3.3Operators shall maintain a weekly record of water collected from diversionary sources, as well as a record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site, and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.
55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:
55.4.12.8.1 Ponds and Reservoirs. ¶
55.4.12.8.1.1Except in limited circumstances where already permitted or existing, ponds shall be located “off-channel” from watercourses and adequately setback from streams, springs, and other hydrologic features.
55.4.12.8.1.2To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.
55.4.12.8.1.3Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from, or outlets to, a nearby stream or wetland.
55.4.12.8.1.4Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.1.5All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be
submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting time frames.
55.4.12.8.2 Bladders and Aboveground Pools, and Similar Vessels. Use of bladders, aboveground pools, and similar vessels is prohibited. Where a preexisting cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.
55.4.12.8.3 Tanks Located in Designated Flood Zones. Tanks shall be sited at least one (1) foot above the base flood elevation or wet flood proofed and anchored.
55.4.12.9 Performance Standard for Wells on Small Parcels. Cultivation site(s) located within areas planned or zoned for lot sizes of ten (10) acres or smaller where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. These tests shall be preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.
operation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.
55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.
55.4.12.11 Existing Site Reconfiguration. ¶
55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.
55.4.12.11.2A biological resource protection plan must be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within a streamside management area, sensitive plant community, or area of similar biological sensitivity.
55.4.12.11.3Any new timberland conversion proposed in association with cultivation site reconfiguration must not exceed the areas of existing conversion to be relocated.
Preexisting cultivation areas to be relocated must be restored to pre-disturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.
All relocated road segments must be fully decommissioned and restored to pre-disturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.5All remediation activities shall be performed in accordance with the remediation performance standard.
55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.
55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.
55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.
55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).
55.4.12.13 Performance Standard for Remediation Activities. All remediation activities shall be conducted in accordance with the requirements for mitigation and monitoring plans described within Section 314-61.1, including the standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations. ¶
55.4.12.14.1Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1.1Public visitation may be principally permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts or where zoned unclassified and planned for or developed with lawful commercial or industrial uses, when meeting the requirements of this section.
55.4.12.14.1.2Public visitation may be permitted with a special permit at sites located within those zones listed under Section 31455.4.6.1.1 (AE, AG, FR, and U), when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 314-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.
55.4.12.14.1.3Visitation by the general public may include tours and tour groups, farm stays, farm-based retail sales, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a conditional use permit pursuant to Section 314-62.1.
55.4.12.14.2 The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.2.1Sites located in those zones specified in Section 314-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. to 6:00 p.m.
55.4.12.14.2.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.2.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).
55.4.12.14.2.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.2.5 Road System and Driveways. ¶
55.4.12.14.2.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.12.14.2.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.2.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.
55.4.12.14.2.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.
55.4.12.14.2.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.2.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
55.4.12.14.2.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.2.6 Parking. ¶
55.4.12.14.2.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.2.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.
55.4.12.15 Performance Standards for Tour Operators and Tour Sites.
55.4.12.15.1 Tour Operators. Tour operators shall comply with all of the following measures:
55.4.12.15.1.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.1.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.
55.4.12.15.1.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.
55.4.12.15.1.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
55.4.12.15.2 Tour Site Eligibility Criteria. Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.2.1The site(s) conform with the public accommodation performance standard.
55.4.12.15.2.2Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Species Control. It is the responsibility of a certificate or permit holder to work to eradicate invasive species. As part of any application, the existence of invasive species on the project parcel need to be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required if invasive species are found to have returned.
55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:
55.4.13.1Cultivation area of three thousand (3,000) square feet or less.
55.4.13.2Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic certification standards or the substantial equivalent.
55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 314-43.2, right to farm ordinance, said statement shall include information describing the possibility of commercial cultivation of cannabis.
55.5 INDUSTRIAL HEMP LAND USE REGULATIONS ¶
55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the Inland Area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.
55.5.2 Applicability and Interpretation. ¶
55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.
55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis.
55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions” as defined in Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2593, 2/27/2018; Ord. 2599, §§ 1 – 4, 5/8/2018; Ord. 2615, § 1, 11/13/2018; Ord. 2652, § 2, 10/6/2020; Ord. 2653, § 2, 10/6/2020; Ord. 2654, § 2, 10/6/2020; Ord. 2667, § 2, 2/9/2021; Ord. 2670, § 2, 2/23/2021; Ord. 2683, §§ 2, 3, 9/21/2021; Ord. 2732, § 9, 3/5/2024; Ord. 2759, § 1, 3/18/2025; Ord. 2778, §§ 2, 3, 11/18/2025)
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55.1 INDOOR RESIDENTIAL CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ¶
55.1.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Indoor Cultivation”.
55.1.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Indoor Cultivation (“MMLUCIC” or “this Code”) is to regulate the cultivation of medical marijuana for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the residential cultivation and processing of medical marijuana for an individual patient’s use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
55.1.3 Applicability and Interpretation. ¶
55.1.3.1The indoor cultivation and processing of medical marijuana for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.
55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor residential cultivation of medical marijuana for personal use, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.
55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to the MMLUCIC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.
55.1.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.1.6 Penalties. ¶
Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable state and county laws, including the County’s medical marijuana abatement procedures as put forth in Section 314-55.2.
55.1.7 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Cultivation of Medical Marijuana for Personal Use: cultivation and processing of medical marijuana indoors in a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Detached Accessory Building - Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this Section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Personal Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s use.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
Residential Cultivation: the growing of fifty (50) square feet or less that is ten (10) feet or less in height of medical marijuana indoors within a residence or detached accessory structure, as defined herein. Such cultivation shall be for a qualified patient’s personal use and must be subordinate, incidental, and accessory to the residential use.
55.1.8 Indoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s indoor residential cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor residential medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Medical marijuana cultivation in a residence shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Medical marijuana cultivation in detached accessory buildings shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.3A total of fifty (50) square feet of indoor medical marijuana cultivation for personal use, which does not exceed ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than fifty (50) square feet or more than ten (10) feet in height of medical marijuana cultivation area per residence on the parcel, regardless of the number of qualified patients or primary caregivers residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The medical marijuana cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, posted with a legible copy of the individual patient’s medical marijuana recommendation, secured against unauthorized entry, and maintained for the exclusive use of the qualified patient; and
55.1.8.5Grow lights for medical marijuana cultivation for personal use in a residence or a detached accessory building shall not exceed 1200 watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of medical marijuana in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the residential cultivation of medical marijuana is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor medical marijuana cultivation or processing in a residence or a detached accessory building is prohibited; and
55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of medical marijuana in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
55.1.8.9On parcels that contain more than one residence, no odor of medical marijuana shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one residence, no odor of medical marijuana shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the medical marijuana cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of marijuana from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and
55.1.8.10From a public right of way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor medical marijuana cultivation at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Medical marijuana cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a Cottage Industry or a Home Occupation, and are not eligible for an address of convenience; and
55.1.8.12No sale, trading, or dispensing of medical marijuana is allowed on a parcel where residential cultivation of medical marijuana occurs; and
55.1.8.13The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where medical marijuana is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for medical marijuana cultivation; and
55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor residential cultivation of medical marijuana; and
55.1.8.16The indoor residential cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
55.1.8.17The indoor residential cultivation of medical marijuana must comply with all applicable state and county laws, including fire and building codes.
55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.
55.1.8.19Outdoor cultivation, as described in Section 314-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein. (Ord. 2468, Section 2, 12/13/2011; Ord. 2523, Section 3, 10/28/2014)
55.2 OUTDOOR CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ON SMALL PARCELS
55.2.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation”.
55.2.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation (“MMLUCSPOC” or “this Code”) is to establish reasonable regulations governing the outdoor cultivation of medical marijuana for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of medical marijuana for an individual patient’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
55.2.3 Applicability and Interpretation. ¶
55.2.3.1The outdoor cultivation and processing of medical marijuana on parcels five (5) acres or less in size within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.
55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt any outdoor cultivation activities on parcels five (5) acres or less in size, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to the MMLUCSPOC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.
55.2.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the attorney General of the State of California, or the Attorney General of the United States of America.
55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Acre: means 43,560 square feet. See also the definition of “Lot Size” found under Section 314-147 of the code.
Canopy: means the area, in square feet, of vegetative growth, of a marijuana plant including starts. Area shall be calculated using the following formula: Diameter of Plant squared, and then multiplied by the conversion factor (π/4). For example, if the diameter of one (1) plant is equal to 30 inches (2.5 feet), the canopy would equal 4.9 square feet [2.5 feet² x 0.7854].
Cultivation: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more marijuana plants or any part thereof in any outdoor location.
Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.
Indoor Cultivation of Medical Marijuana: cultivation and processing of medical marijuana inside a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Marijuana Plant: means any mature or immature male or female marijuana plant, or any marijuana seedling, unless otherwise specifically provided herein.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this Section.
Personal Use Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s exclusive use.
Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.
Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
alified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, section 1238, to receive school buses, as defined in California Vehicle Code section 233, or school pupil activity buses, as defined in Vehicle Code section 546.
Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.
55.2.7 Outdoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s outdoor cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, outdoor medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 314-147 of the code.
55.2.7.2It shall not be deemed a nuisance per se for a qualified patient to cultivate medical marijuana outdoors for personal use as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:
55.2.7.2.1On parcels one (1) acre or smaller in size, the total plant canopy of the medical marijuana cultivated outdoors may not exceed one hundred (100) square feet in size, nor may cultivation occur within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre and up to five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed two hundred (200) square feet in size, and on parcels larger than five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
han five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
55.2.7.2.3No outdoor cultivation may occur within 600 feet of any School, School Bus Stop, Public Park, Place of Religious Worship, or Traditional Native American Cultural Site, so long as these uses existed prior to the outdoor cultivation of medical marijuana in compliance with this Code; and
55.2.7.2.4Indoor medical marijuana cultivation may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and
55.2.7.2.6Cultivation within a greenhouse or “hoophouse” shall be deemed outdoor cultivation and subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks.
55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor residential cultivation of medical marijuana; and
55.2.7.2.8The outdoor cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of medical marijuana pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a Lake and Streambed Alteration Agreement is necessary. If such an Agreement is required, the water use must comply with all of its terms.
55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of medical marijuana for personal use may only occur by a qualified patient who occupies a permitted residence located on the same property that is host to the cultivation activities. If the qualified patient is not the owner of the property, the occupant must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent.
55.2.8 Nuisance Declared; Specialized Abatement Process; Enforcement.
55.2.8.1Any violation of this Section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law, including the specialized abatement process as provided for in this Code.
55.2.8.2 Notice to Abate Unlawful Marijuana Cultivation. Whenever an Enforcing Officer determines that a public nuisance as described in this Code exists on any property within the unincorporated area of Humboldt County he or she is authorized to notify the owner and/or occupant(s) of the premises through issuance of a ”Notice and Order to Abate Unlawful Marijuana Cultivation”.
55.2.8.2.1 Contents of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” shall be in writing and shall include the following:
55.2.8.2.1.1Name of the owner(s) of the property upon which the nuisance exists, as listed in the records of the county assessor, and any occupant(s) shall also be identified, if known; and
55.2.8.2.1.2A description of the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property and/or identification of such property by reference to the assessor’s parcel number; and
55.2.8.2.1.3A statement that medical marijuana cultivation in violation of this Section exists on the property and therefore such cultivation is a public nuisance per se.
55.2.8.2.1.4A description of the medical marijuana cultivation in violation of this Section that exists on the property and the actions required to abate it.
55.2.8.2.1.5A statement that the owner and/or occupant is required to abate the identified violations of this Code within fourteen (14) calendar days after the date that said Notice was served.
55.2.8.2.1.6A statement that the owner and/or occupant may, within ten (10) calendar days after the date that said Notice was served, make a request in writing to the Clerk of the Board of Supervisors for a hearing to appeal the determination of the Enforcing Officer that the conditions existing constitute a public nuisance, or to show other cause why those conditions should not be abated in accordance with the provisions of this Section.
55.2.8.2.1.7A statement that, unless the owner and/or occupant abates the unlawful marijuana cultivation, or requests a hearing before the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
efore the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
55.2.8.3 Service of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” (“Notice and Order”) shall be served by delivering it personally to the owner and/or to the occupant, or by mailing it by regular United States mail, together with a certificate of mailing, to the owner and/or occupant of the property at the address thereof, and to any non-occupying owner at his or her address as it appears on the last equalized assessment roll and by posting a copy of the Notice and Order on the real property upon which the nuisance exists as follows: copies of the Notice and Order shall be posted along the frontage of the subject property and at such other locations on the property reasonably likely to provide notice to the owner. In no event shall fewer than two (2) copies of the Notice and Order be posted on a property pursuant to this section.
55.2.8.3.1The date of service is deemed to be the date of deposit in the mail, personal delivery, or posting, as applicable.
55.2.8.4 Administrative Review. ¶
55.2.8.4.1Any person upon whom a Notice and Order to Abate Unlawful Marijuana Cultivation has been served may appeal the determination of the Enforcing Officer that the conditions set forth in the Notice and Order constitute a public nuisance to the Board of Supervisors, or may show cause before the Board of Supervisors why those conditions should not be abated in accordance with the provisions of this Section. Any such administrative review shall be commenced by filing a written request for a hearing with the Clerk of the Board of Supervisors within ten (10) calendar days after the date that said Notice and Order was served. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing such a written request shall be deemed jurisdictional and may not be waived. In the absence of a timely filed written request that complies fully with the requirements of this Section, the findings of the Enforcing Officer contained in the Notice and Order shall become final and conclusive on the eleventh day following service of the Notice and Order.
55.2.8.4.2Upon timely receipt of a written request for hearing which complies with the requirements of this Section, the Clerk of the Board of Supervisors shall set a hearing date not less than seven (7) days or more than thirty (30) days from the date the request was filed. The Clerk shall send written notice of the hearing date to the requesting party, to any other parties upon whom the Notice and Order was served, and to the Enforcing Officer.
55.2.8.4.3Any hearing conducted pursuant to this Section need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The Board of Supervisors has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
55.2.8.4.4The Board of Supervisors may continue the administrative hearing from time to time.
55.2.8.4.5The Board of Supervisors shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the Notice and Order. The Board of Supervisors shall issue a written decision in the form of a resolution, which shall include findings relating to the existence or nonexistence of the nuisance, as well as findings concerning the propriety and means of abatement of the nuisance conditions set forth in the Notice and Order. Such decision shall be mailed to the party requesting the hearing, any other parties upon whom the Notice and Order was served, and the Enforcing Officer.
55.2.8.4.6The decision of the Board of Supervisors shall be final and conclusive on the date it is made.
55.2.8.5 Liability for Costs. ¶
55.2.8.5.1In any enforcement action brought pursuant to this Section, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful marijuana cultivation to exist shall be liable for all costs incurred by the County, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this Section, whether those costs are incurred prior to, during, or following enactment of this Section.
55.2.8.5.2In any action by the Enforcing Officer to abate unlawful marijuana cultivation under this Section, whether by administrative proceedings or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney’s fees incurred. Recovery of attorneys’ fees under this Code shall be limited to those actions or proceedings in which the County elects, at the initiation of that action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the County in the action or proceeding.
55.2.8.6 Abatement by Owner or Occupant. Any owner or occupant may abate the unlawful marijuana cultivation or cause it to be abated at any time prior to commencement of abatement by the enforcing officer.
55.2.8.7 Enforcement. Whenever the Enforcing Officer becomes aware that an owner or occupant has failed to abate any unlawful marijuana cultivation within fourteen (14) days of the date of service of the Notice and Order, unless timely appealed, or of the date of the decision of the Board of Supervisors requiring such abatement, the Enforcing Officer may take one (1) or more of the following actions:
55.2.8.7.1Enter upon the property and abate the nuisance. The Enforcing Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the abatement work, if necessary; and/or
55.2.8.7.2Request that the County Counsel commence a civil action to redress, enjoin, and abate the public nuisance.
55.2.8.8 Accounting. The Enforcing Officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the Board of Supervisors showing the cost of abatement and the administrative costs for each parcel.
55.2.8.9 Notice of Hearing on Accounting; Waiver by Payment. Upon receipt of the account of the Enforcing Officer, the Clerk of the Board of Supervisors shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time not less than five (5) business days after the date of mailing of the notice, the Board of Supervisors will meet to review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the Enforcing Officer prior to the time set for the hearing by the Board of Supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable.
55.2.8.10 Hearing on Accounting. ¶
55.2.8.10.1At the time fixed, the Board of Supervisors shall meet to review the report on the accounting by the Enforcing Officer. An owner may appear at said time and be heard on whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner, is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed.
55.2.8.10.2The report and the accounting of the Enforcing Officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.
55.2.8.10.3 Modifications. The Board of Supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.
55.2.8.10.4 Special Assessment and Lien. The Board of Supervisors may order that the cost of abating nuisances pursuant to this Section and the administrative costs as confirmed by the Board be placed upon the County tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The Board of Supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code.
55.2.8.11 Enforcement by Civil Action. As an alternative to the procedures set forth in this Section the County may abate the violation of this Section by the prosecution of a civil action through the Office of the County Counsel, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this Section or requiring compliance with other terms.
55.2.8.12 No Duty to Enforce. Nothing in this Section shall be construed as imposing on the enforcing officer or the County of Humboldt any duty to issue an Notice and Order, nor to abate any unlawful marijuana cultivation, nor to take any other action with regard to any unlawful marijuana cultivation, and neither the enforcing officer nor the County of Humboldt shall be held liable for
failure to issue an order to abate any unlawful marijuana cultivation, nor for failure to abate any unlawful marijuana cultivation, nor for failure to take any other action with regard to any unlawful marijuana cultivation.
55.2.8.13 Remedies Cumulative. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. Nothing in this Section shall be deemed to authorize or permit any activity that violates any provision of state or federal law.
55.2.8.14 Other Nuisance. Nothing in this Section shall be construed as a limitation on the County’s authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building.
55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship.
55.2.9.1 Low Odor Strains. To alleviate the potential the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.
55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.
55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.
55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near medical marijuana or the area where medical marijuana is being cultivated. Grow, process, and store medical marijuana in as “organic” and safe a fashion as possible to reduce potential adverse effects during use by medical patients who are ill and may have compromised immune systems.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices –Northern California Farmer’s Guide. (Ord. 2523, Section 4, 10/28/2014)
55.3 MEDICAL CANNABIS DISPENSARIES ¶
55.3.1 Authority and Title. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.2 Purpose and Intent. The purpose of this Section is to minimize the negative land use impacts that can be associated with the dispensing of medical cannabis by a Dispensary, as defined herein, to a qualified patient and to facilitate local implementation of the California Medical Cannabis Regulation and Safety Act (“MCRSA”).
55.3.2.1The further purpose of this Section is to minimize the negative land use impacts that can be associated with the sale or testing of cannabis to adults twenty-one (21) years of age or older and to facilitate the local implementation of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) (SB 94), and as it may subsequently be amended. (Ord. 2588, Section 3, 11/14/2017)
55.3.3 Applicability and Interpretation. ¶
55.3.3.1These regulations shall apply to the locating and permitting of medical cannabis Dispensaries in zoning districts which authorize this use, as specified under Section 55.3.8.2 of this Code.
55.3.3.2The distribution of medical cannabis by medical cannabis Dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.
55.3.3.3All distribution of medical cannabis by medical cannabis Dispensaries, as defined herein, regardless of whether the use was previously approved by the Humboldt County Planning Commission or the Humboldt County Board of Supervisors, shall come into full compliance with these regulations within one (1) year of the adoption of the ordinance establishing this Code.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of medical cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, or compliance with the MCRSA and any other applicable state laws.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to exempt medical cannabis Dispensaries as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
55.3.3.6Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting medical cannabis Dispensaries.
55.3.3.7The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Humboldt County Code section 314-135 et seq. and section 111-1 et seq. may also apply to this Code.
55.3.3.8Adult Use Retail Sales facilities are a conditionally permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)
permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)
55.3.3.9Permits issued for Medical Cannabis Dispensaries pursuant to Section 314-55.3 as set forth in Ordinance No. 2554 shall remain valid, and shall be governed by the terms and conditions of the approved permit, including those limiting distribution and sales to qualified patients with a recommendation from a licensed California physician, consistent with state provisions for medicinal use. Any Dispensary operating under a local permit approved prior to the effective date of the ordinance adding section 55.3.3.8 may seek a modification of the permit to authorize the sale of cannabis to an adult twenty-one (21) years of age or older who is not a qualified patient with a physician recommendation. Modification of the permit may be authorized as provided under section 312-11 of these regulations. Approval of the modification must be made by the Planning Commission or Zoning Administrator, at a public hearing for which notice has been provided pursuant to section 312-8. Holders of such permits may apply for state licenses for either medicinal or adult use retail sale license categories, or any combination thereof as may be permitted under state statute and regulations. (Ord. 2588, Section 4, 11/14/2017)
55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for medical cannabis Dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of medical cannabis Dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of medical cannabis.
55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable state and county laws.
55.3.7Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.8 General Provisions. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.8.1All medical cannabis Dispensaries shall operate in compliance with this Code, the MCRSA, and all other applicable state and local laws.
55.3.8.2Medical cannabis Dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit issued pursuant to Section 312-3.1 of the code. Zoning districts where a Dispensary may be located are C-1, C-2, C-3, MB, ML, MH.
55.3.8.3The fact that applicants possess other types of state or county or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a conditional use permit from the County of Humboldt to operate a Dispensary within the jurisdiction of the County.
55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure the safety of patients and staff; to ensure the security of the medical cannabis; and to safeguard against the diversion of medical cannabis for non-medical purposes.
55.3.9 Medical Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a medical cannabis Dispensary:
55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
55.3.9.2The Planning Commission shall specifically regulate the location of medical cannabis Dispensaries by considering the potential impacts and cumulative impacts of proposed medical cannabis Dispensaries to the community area as a whole and specifically on the following existing uses located within a 600 foot radius of a proposed Dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit for any proposed medical cannabis Dispensary within 600 feet of the following uses if the Commission determines that the impacts of a proposed Dispensary have the potential to be significant on the following uses:
55.3.9.2.1Residential neighborhoods and their inhabitants;
55.3.9.2.2Church, as defined herein;
55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
55.3.9.2.4Residential treatment facilities, as defined herein; and
55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a 600 foot radius of the proposed new facility.
55.3.9.3No medical cannabis Dispensaries, operators, establishments, or providers who possess, cultivate, or distribute medical cannabis shall be located within a 600-foot radius of a school [Health & Safety Code section 11362.768 (b)]. This distance shall be measured in a straight line from the property line of the school to the property line of the medical cannabis dispensing facility, operator, establishment, or provider.
55.3.9.4Submission of an Operations Manual and compliance with the Operating Standards, pursuant to sections 55.3.10 and 55.3.11 of this Code.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit, medical cannabis Dispensaries shall submit to the Planning Commission an Operations Manual which provides for the following:
55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit application, the Operations Manual, and the Operating Standards at any time before or after the conditional use permit is issued; and
55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and
55.3.10.3The hours and days of the week when the Dispensary will be open; and
55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a 600 foot radius; and
55.3.10.5A description of the security measures located on the premises, including but not limited to, lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients and secure the medical cannabis against diversion for non-medical purposes; and
55.3.10.6A description of the screening, registration and validation process and procedures for qualified patients and primary caregivers; and
55.3.10.7A description of qualified patient records acquisition and retention procedures and policies; and
55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of medical cannabis that come in and go out of the Dispensary; and
55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and
55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and
55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all medical cannabis distributed; and
55.3.10.12The procedure and documentation process for determining patient dosage, including any testing for the major active agents in medical cannabis offered to qualified patients, such as cannabinoids tetrahydrocannabinol (THC), Cannabidiol (CBD), and Cannabinol (CBN); and
55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and
55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, medical cannabis Dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as medical cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Medical cannabis delivery services shall only operate from a “store-front” Dispensary in a commercial or industrial zone with an approved conditional use permit; and
55.3.11.2Medical cannabis Dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and
55.3.11.3No dispensing of medical cannabis to an individual qualified patient shall be permitted more than twice a day; and
55.3.11.4The hours of operation of medical cannabis Dispensaries shall be no earlier than 6:00 a.m. and no later than 10:00 p.m.; and
55.3.11.5Medical cannabis Dispensaries shall only provide medical cannabis to an individual qualified patient who has a valid, verified physician’s recommendation issued in the State of California. Dispensaries shall verify on an annual basis, or more frequently if required by the State of California, that the physician’s recommendations of their clients are current and valid; and
55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the Dispensary. A copy of the client rules and/or regulations shall be provided to the qualified patient by a medical cannabis delivery service; and
55.3.11.7Repealed by Ord. 2599, § 2, 5/8/2018.
55.3.11.8Each building entrance to a medical cannabis Dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
55.3.11.9No medical cannabis Dispensary or delivery service shall provide medical cannabis to any qualified patient or holder of a medical cannabis recommendation who is under 18 unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of medical cannabis; and
55.3.11.10All medical cannabis Dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
55.3.11.11All medical cannabis dispensed by Dispensaries must be obtained in accordance with the MCRSA and other applicable state and local laws; and
55.3.11.12Dispensaries must comply with sections 313-87.3 and 314-87.2 of the County Zoning Regulations; and
55.3.11.13An up-to-date inventory of all hazardous materials stored and used onsite shall be maintained on the premises of the Dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.14Medical cannabis Dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
55.3.11.15Medical cannabis Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual or in the Operating Standards must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change; and
55.3.11.16Medical cannabis Dispensaries shall comply with any and all conditions of their conditional use permit.
55.3.11.17The operator shall provide information to all employees about the potential health impacts of cannabis use on children. Information shall be provided by posting the brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card.” This information shall also be provided to all employees as part of the employee orientation.
55.3.11.18The brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card” shall be printed and made available to all customers where transactions are completed.
55.3.11.19Prior to operation, the operator shall work with the Department of Health and Human Services to provide signage notifying customers of the potential health effects of cannabis consumption during pregnancy and upon nursing children.
55.3.12Performance Review Reports
55.3.12.1Medical cannabis Dispensaries shall submit a “Performance Review Report” on an annual basis from their initial date of operation for review and approval by the Planning Commission. The Planning Commission may delegate review of the annual Performance Review Report to the Zoning Administrator at the time of the initial hearing or at any time thereafter. This annual “Performance Review Report” is intended to identify the effectiveness of the approved conditional use permit, Operations Manual, Operating Standards, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
55.3.12.2Medical cannabis Dispensaries shall be inspected by the Humboldt County Sheriff or his/her designee, and/or employees of the Humboldt County Planning and Building Department and/or the Code Enforcement Investigator on an annual basis, or more frequently as requested by the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1) to
determine if the Dispensary is in compliance with its conditional use permit, Operating Standards, and Operations Manual. After payment of the inspection fees as indicated in the following section, a copy of the results from this inspection shall be given to the Dispensary for inclusion in their “Performance Review Report” to the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1).
55.3.12.3Inspection and review fees pursuant to the County’s adopted schedule of fees and charges, as amended from time to time by the Board of Supervisors, shall be paid by medical cannabis Dispensaries and accompany the “Performance Review Report” for costs associated with the inspection and the review of the report by County staff.
55.3.12.4Non-compliance by medical cannabis Dispensaries in allowing the inspection by the above-mentioned County personnel, or refusal to pay the required fees, or non-compliance in submitting the annual “Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the conditional use permit and/ or subject the holder of the permit to the penalties outlined in this Code, above.
55.3.13Permit Revocation & Transfer
- 55.3.13.1A conditional use permit shall be revoked or modified according to Humboldt County Code Section 312 14 (Revocation Procedures). Permit revocation or modification shall be sought for non-compliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.
55.3.14.1Conditional use permits to operate a medical cannabis Dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.15Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.16 Medical Cannabis Business Offices. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE OF CANNABIS LAND USE REGULATION FOR THE INLAND AREA
55.4.1 Authority and Title. This section shall be known as the commercial cannabis land use ordinance (CCLUO), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Inland Area of the County of Humboldt.
55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment, increases public awareness, and community health and safety while creating a clear and attainable path for operators to follow and authorities to enforce.
These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of Section 313-55.1, 314-55.1, 313-55.2, or 314-55.2 concerning cultivation of medical marijuana for personal use by patients or caregivers, or contravene the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twenty-one (21) years of age or older.
55.4.3 Applicability and Interpretation. ¶
55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt outside of the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. Applications for commercial cannabis activity land use permits filed on or before December 31, 2016, shall be governed by the regulations in effect at the time of their submittal, except as follows and is otherwise prescribed herein. Zoning clearance certificate applications for open air cultivation filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.7 below. Zoning clearance certificate applications for retirement, remediation and relocation sites filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.5.9.4 below.
55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area regulations as well as other applicable provisions of the County Code.
55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis, from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.
55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 314-135 et seq. and Section 111-1 et seq. may also apply to this section.
55.4.3.5 A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCLUO for any commercial cannabis activity regulated by this section or Section 314-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.
55.4.3.6 Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”
55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.
55.4.3.8 Zoning clearance certificates and permits issued for commercial cannabis activities pursuant to the commercial medical marijuana land use ordinance (CMMLUO) as set forth in this section shall remain valid, and shall be governed by the terms and conditions of this section until such time as the permit is modified. Holders of such permits may apply for State licenses for either medicinal or adult use license categories, or any combination thereof as may be permitted under State statute and regulations.
55.4.3.9 Notwithstanding the provisions of the right to farm ordinance, Section 314-43.2.6, the commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the general agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.10 Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any zoning district other than those zoning districts where it is expressly permitted.
55.4.3.11 The fact that an applicant possesses other types of State, County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.12 No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, or use permit required under this section.
55.4.3.13 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.4.4 Definitions. ¶
“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.
“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.
“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.
“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
“Captured rainfall” means catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.
“Category 4 roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Division 2 of this title.
“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.
“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.
“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.
“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”
“Cultivation site” means the location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.
“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from aboveground irrigation.
“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light, or indoor.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.
“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method to make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.
“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.
“Forbearance period” means the calendar days during which water may not be diverted from a water body. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Homesite area” means the land up to two (2) acres immediately surrounding a house or dwelling, including any closely associated buildings and structures, garden, storage, driveway and parking areas, but excluding any associated “open fields beyond,” and also excluding any closely associated buildings, structures, or divisions that contain the separate activities of their own respective occupants with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated.
“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.
“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.
“Irrigation” means use of water by any commercial cannabis cultivation activity.
“Licensee” means a person issued a State license to engage in commercial cannabis activity.
“Local water source” means water withdrawal from a water body occurring on the same parcel(s) or premises, or in their vicinity.
“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.
“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than 10,000 square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.
“Nondiversionary water source” means not involving the withdrawal of water from a water body.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a conversion of timberland, conducted prior to January 1, 2016.
“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.
“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.
“Outdoor” means outdoor cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 314-147.
“Permaculture” means a set of design principles centered on whole systems thinking, simulating, or directly utilizing the patterns and resilient features observed in natural ecosystems. Commonly associated with permaculture include agro-forestry, swales, contour plantings, soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder. “Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or group holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument shall not be considered a “person” for purposes of this section.
“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence. The maximum cultivation area that may be recognized is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above.
“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.
“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.
“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.
“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”
“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community service districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic.
“Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.
“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.
“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from one hundred percent (100%) renewable source.
“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. Retailer shall include medical cannabis dispensaries, as defined in and regulated by Section 314-55.3.
“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.
“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.
“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.
“Slope” means natural grade as defined in Section 314-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to MAUCRSA.
“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.
“Timberland” means land, which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.
“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the tribal council or equivalent body.
“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by nontribal members.
“Water body” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Water body” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.
55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits. ¶
55.4.5.1 Special Area Provisions. ¶
55.4.5.1.1 No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2 No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3 A special permit shall be required for any commercial cannabis activity in a TPZ zoning district, when authorized pursuant to Section 314-55.4.6.5 (preexisting cultivation sites).
55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.
55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the community planning areas (CPAs) identified herein. For purposes of determining the Trinidad planning area, the Trinidad general plan shall be utilized.
55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 314-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.
The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.
55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. ¶
The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their tribal historic preservation officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).
55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, or use permit for commercial cannabis activity, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.
55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.
Any violation of this section, including, but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of this title.
Whenever permit applicants seeking permits for new commercial activities initiate operations ahead of permit issuance or preexisting cultivation site operators seeking permits expand cultivation operations ahead of permit issuance the Director shall have discretion to:
55.4.5.3.1 Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;
55.4.5.3.2 Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings; or
55.4.5.3.3 Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1 No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 31455.4.6.1.2.3.
55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable clearance or permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to five thousand (5,000) square feet may be permitted on a parcel of between five (5) and ten (10) acres with a zoning clearance certificate per Section 314-55.4.6.1.2.1.1).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Any commercial cannabis activity zoning clearance certificate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
ate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
55.4.5.7 Annual Inspections. If the Inspector or other County official determines that the site does not comply with the conditions of approval, the Inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed. Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed time frames, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the Inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.
55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.
55.4.5.8.2 The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.
55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the
commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.
55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries shall be principally permitted with a zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified:
55.4.6.1 Eligibility Criteria – Resource Production and Residential Areas.
55.4.6.1.1 Zoning. AE, AG, FR, and U when accompanied by a resource production general plan land use designation (not including timberland) or residential land use designation requiring parcel sizes of more than five (5) acres.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area.
55.4.6.1.2.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.1.2.1.1Cultivation is located within the homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.1.2.1.2The property is owner-occupied; and
55.4.6.1.2.1.3Water source for irrigation is permitted and non-diversionary; and
55.4.6.1.2.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.1.2.1.5Permaculture is practiced; and
55.4.6.1.2.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.1.2.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.1.2.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.1.2.2Five (5) acre minimum parcel size, on parcels between five (5) and ten (10) acres in size:
55.4.6.1.2.2.1Up to five thousand (5,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.2.2Up to ten thousand (10,000) square feet of cultivation area with a special permit.
55.4.6.1.2.3On parcels ten (10) acres or larger in size:
55.4.6.1.2.3.1Up to ten thousand (10,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.3.2Up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a special permit.
55.4.6.1.2.4On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit; up to a maximum of eight (8) acres can be permitted. All cultivation areas must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas.
55.4.6.2.1 Zoning. C-3, ML, MH, and U when accompanied by a commercial or industrial general plan land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.
55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a zoning clearance certificate.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse.
55.4.6.3 Eligibility Criteria – All Areas. ¶
55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use.
55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier. Water from on-site greywater systems is also authorized for year-round use. Dry farmed outdoor or mixed-light cultivation sites may utilize irrigation from diversionary sources for propagation areas and transplantation. Irrigation water sourced from diversionary sources may be permitted with a special permit pursuant to the streamside management area ordinance, Section 314-61.1, and subject to the performance standards for diversionary water use.
55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 314-55.4.12.1.8.
55.4.6.4 Siting Criteria – All Areas. ¶
55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less.
55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016.
55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited. Exceptions to the in native soil planting requirement may be considered with a use permit. Where an exception is sought, the use permit application shall include evidence demonstrating that in the circumstances of the particular cultivation site, it is better to not plant within the native soils. An exception shall only be approved if it can be demonstrated that the native soil will not be impaired or damaged.
55.4.6.4.4 Setbacks. ¶
55.4.6.4.4.1 Standard Setbacks. Cultivation site(s) must observe all of the following setbacks:
55.4.6.4.4.1.1 Property Lines. Thirty (30) feet from any property line. ¶
55.4.6.4.4.1.2 Residences and Undeveloped Parcels. Three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.
55.4.6.4.4.1.3 Sensitive Receptors. Six hundred (600) feet from a church or other place of religious worship, public park, tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.
55.4.6.4.4.1.4 Tribal Ceremonial Sites. One thousand (1,000) feet from all tribal ceremonial sites.
55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet may be allowed with a special permit; provided, that advance notice is given to the person or agency responsible for managing or supervising the management of those lands. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.
55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.
55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.
55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including surface water diversions, agricultural wells, and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting streamside
management areas (SMAs) or other wet areas, as identified and described under Section 314-61.1. Under certain circumstances, a special permit may be required.
55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 314-55.4.5.1.4 are subject to the following enhanced setbacks, unless confined within enclosed structures:
55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area;
55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.
55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 314-55.4.6.4.4.2.1 and 314-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of this section are not applicable to any commercial cannabis activities conducted on a parcel zoned MH or lands planned for General Industrial uses (IG).
55.4.6.5 Accommodations for Pre-Existing Cultivation Sites. As set forth in the following subsections, pre-existing cultivation sites that meet all other eligibility and siting criteria and performance standards may be permitted within AE, AG, RA, FR, FP, TPZ, and U zoning districts, where accompanied by a resource production general plan land use designation or residential land use designation requiring parcel sizes of more than five (5) acres. Expansion of pre-existing cultivation sites is prohibited where located within TPZ Zones or U Zones where the general plan land use designation is “timberland.” For other areas, where the size of a pre-existing cultivation site is smaller than the allowed cultivation area which can be permitted, the site may be expanded to the maximum allowed for the applicable parcel size and permit type within existing nonforested areas with slopes of fifteen percent (15%) or less.
Permit applications for pre-existing cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.
Except as stated below, applications for pre-existing cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of the documented pre-existing cultivation area and applications for pre-existing cultivation submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area. No new applications for pre-existing cultivation sites shall be accepted after December 31, 2019, except applications for cultivation sites of two thousand (2,000) square feet or less pursuant to Section 55.4.6.5.1.1: (a) may be submitted after December 31, 2019; and (b) may be permitted for one hundred percent (100%) of the documented pre-existing cultivation area up to two thousand (2,000) square feet.
55.4.6.5.1 Small Cultivation Sites. ¶
55.4.6.5.1.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1On parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1.1Cultivation is located within the two (2) acre homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.5.1.1.1.2The property is owner-occupied; and
55.4.6.5.1.1.1.3Water source for irrigation is permitted and nondiversionary; and
55.4.6.5.1.1.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.5.1.1.1.5Permaculture is practiced; and
55.4.6.5.1.1.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.5.1.1.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.5.1.1.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.5.1.2On parcels five (5) acres or larger in size, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a zoning clearance certificate, subject to the following additional requirements and allowances:
55.4.6.5.1.2.1The operator’s principal residence is located on the same parcel and the residence was in existence before January 1, 2016.
55.4.6.5.1.2.2Not more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.2.3The road systems performance standards in Section 55.4.12.1.8.1 shall not apply.
55.4.6.5.1.2.4The road systems performance standards in Sections 55.4.12.1.8.3 and 55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.2.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 55.4.12.1.8.4.1, and submit a report prepared pursuant to Section 55.4.12.1.8.3.2, unless one (1) has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.2.4.2Improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.
55.4.6.5.1.2.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.
55.4.6.5.2On an AE-zoned parcel less than one (1) acre in size, up to two thousand five hundred (2,500) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.3On parcels between one (1) acre and five (5) acres in size, up to three thousand (3,000) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.4 A cultivation site located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a special permit.
55.4.6.5.5 In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit, subject to all applicable performance standards.
55.4.6.5.6 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation. In TPZ Zones and U Zones (with a land use designation of timberland) the use of generators and mixed-light cultivation is prohibited. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.
55.4.6.5.6.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.6.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:
55.4.6.5.6.2.1Keeping of ancillary mother plants off-site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.
55.4.6.5.6.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.6.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.
55.4.6.5.7 Provisional Permitting. An application for a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and
Building Department within one (1) year of issuance of the provisional clearance or permit. All violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event no more than two (2) years after the date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall then act as Hearing Officer.
As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.
55.4.6.5.8 Myers Flat Community Area. In the Myers Flat Community Area, on any sized parcel, the cultivation area of a preexisting site may be permitted with a special permit, up to a maximum of three thousand (3,000) square feet. Expansion is prohibited on parcels less than one (1) acre in size. The cultivation area setback requirement specified in Section 314-55.4.6.4.4.1.1 shall be reduced to the setbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
etbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
55.4.6.5.9 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:
55.4.6.5.9.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that were in operation at any time between January 1, 2006, and January 1, 2016, and are located in TPZ, RA, U, AG, FR or AE Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 314-55.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.
55.4.6.5.9.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting the eligibility criteria specified in Section 314-55.4.6.1 or 314-55.4.6.2 and the siting criteria specified in Sections 314-55.4.6.4 through 314-55.4.6.8, as well as all applicable performance standards specified in Section 314-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 314-55.4.5.1.4. Applications for RRR sites shall not be accepted after December 31, 2018.
55.4.6.5.9.3Operators of RRR sites shall be eligible to receive a zoning clearance certificate or special permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.
s on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.
55.4.6.5.9.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k). Up to two (2) RRR site zoning clearance certificates may be granted on relocation site parcels of ten (10) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation zoning clearance certificates issued for that parcel does not exceed twenty percent (20%) of the area of the relocation site parcel. With a special permit, more than two (2) RRR sites may be located on relocation site parcels of ten (10) acres or larger provided the cumulative total cultivation area for all commercial cannabis cultivation does not exceed twenty percent (20%) of the area of the relocation site parcel. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
l soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
55.4.6.5.9.5In order to receive the benefits specified in Section 314-55.4.6.5.9.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard for remediation activities. The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so. The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt, shall on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.
55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis activities, including but not limited to bags, pots or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis and cannabis waste products, imported soil and soil
amendments not incorporated into native soil, generators, pumps, and structures not associated with noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.
For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 314-55.4.5.3 and Chapter 1 of Division 5 of this title.
55.4.6.7 Zoning Clearance Certificates for Open Air Cultivation Submitted under Prior Ordinance – Provisions for Neighborhood Compatibility. Where located in or within one thousand (1,000) feet of any incorporated city, sphere of influence (SOI) of any incorporated city, tribal lands, or within any of the following mapped community planning areas: Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek, zoning clearance certificate applications submitted prior to January 1, 2017, shall be subject to compliance with the following provisions, which are designed to ensure compatibility with surrounding land uses and control of potential nuisance, and are hereby retroactively applicable. For purposes of determining the Trinidad planning area, the city of Trinidad general plan shall be utilized.
55.4.6.7.1 Where there is no public controversy associated with an application, within three (3) months of effective date of this ordinance, the applicant may request the pending permit application or approved permit be considered or reconsidered as a special permit. If following appropriate public notice, there is no opposition to the special permit, the permit may be approved. In situations where there is public controversy, applicants and operators must choose to comply with one (1) of the following options:
55.4.6.7.1.1Demonstrate all areas of open air cultivation activities maintain setbacks of six hundred (600) feet or greater from any residence(s) located on a separately owned parcel, and are located six hundred (600) feet or greater from any residentially zoned area or applicable community planning area boundary.
55.4.6.7.1.2Confine all open air cultivation activities to enclosed structures.
55.4.6.7.1.3 Secure a Conditional Use Permit. In considering the use permit request, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.7.1.4 Request Permit Cancellation. Permit holders shall be eligible for relocation incentives pursuant to the provisions of Section 314-55.4.6.5.9 and may be required to perform remediation of the site, where necessary.
55.4.6.7.2 Within ten (10) working days of these provisions becoming effective, the Department will provide written notice to all applicants and permit holders of sites subject to these provisions. The notice will include a ninety (90) day deadline for applicants and permit holders to provide a written decision to the Planning and Building Department declaring which option has been chosen to achieve compliance with this section. Failure to provide a timely response is a violation of the ordinance and shall be grounds for permit cancellation, penalties and enforcement pursuant to Section 314-55.4.5.3.
55.4.6.7.3 Permittees must obtain approval of all plans within eighteen (18) months of receiving written notice pursuant to Section 314-55.4.6.7.2, and must complete all work within thirty-six (36) months of the effective date of these provisions.
55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) shall be equally distributed among each of the twelve (12) discrete planning watersheds of Humboldt County as directed by the Board of Supervisors by resolution.
Once the permit cap for a given watershed has been reached, no additional permit applications for open air cultivation activities will be processed until the Planning Commission and Board of Supervisors consider an analysis of the state of the watershed and approves an increase in the cap. The analysis shall include review of water flow data and applicable studies or information prepared by State and local agencies and recommendations from the following State agencies: California Department of Fish and Wildlife, North Coast Regional Water Quality Control Board, State Water Resources Control Board, and the Department of Forestry and Fire Protection.
55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. Off-site processing, enclosed nurseries and community propagation centers must meet or exceed the setbacks from sensitive receptors and all cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Sections 314-55.4.6.1.1 (AE, AG, FR, and U) and 314-55.4.6.2.1 (C-3, ML, MH, and U), as well as C-2 and MB Zones, distribution, offsite processing, enclosed nurseries, community propagation centers shall be principally permitted with a zoning clearance certificate when meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and
the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3. Cannabis support facilities may also be permitted in CH and MB Zones with a special permit, where meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate in C-2, C-3, MB, ML, MH Zones, or U (when accompanied by a commercial or industrial general plan land use designation) or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 31455.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.3 Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.8
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and comply with the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4, and 314-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 31455.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1 Within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate, but may only be conducted within a nonresidential structure which was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size, with a special permit, up to 10,000 square feet of indoor cultivation may be permitted within a new or existing commercial structure, where the building is - also approved and utilized for cannabis support facilities. All properties must meet the locational criteria of Section 314 55.4.8.1.3 (no exceptions permitted) and the structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel. The cultivation area of the indoor facility shall be included in the calculation of total cultivation area of the parcel, where determining conformance with the (parcel size-specific) cultivation acreage limits of Section 314-55.4.6.1.2.3.
55.4.8.1.2 Within those zones specified under Section 314-55.4.6.2.1 (C-3, ML, MH, and U) MN with the Indoor Cultivation Q – Qualified Combining Zone, and C-2 as part of a microbusiness provided all cannabis activities occur within a building that is two (2) stories or less in height, cultivation area is limited to two thousand five hundred (2,500) square feet, and where the cultivation and cannabis activities are in scale with the surrounding community.
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted with a zoning clearance certificate.
55.4.8.1.2.2Up to 10,000 square feet of cultivation area may be permitted with a special permit.
55.4.8.1.2.3A use permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
55.4.8.1.3 Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.
pplication shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 31455.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4 and 314-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 314-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:
55.4.8.2.1 Flammable Extraction. ¶
55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit in the MH Zone, as well as the U zoning district, when accompanied by the industrial general (IG) land use designation.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit in the C-3 and ML Zones, as well as the U zoning district, where previously developed with a lawful heavy industrial use.
55.4.8.2.1.3Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), on properties meeting the locational criteria of Section 31455.4.8.2.3.3 (no exceptions permitted) where conducted within the footprint of a nonresidential structure that was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size or on parcels with a minimum of forty (40) acres where an agricultural cooperative association is the applicant, flammable extraction may also be permitted within a new commercial structure. The structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel.
55.4.8.2.1.4All manufacturing activities involving flammable extraction must be conducted within a commercial structure. Where located within those zones specified under Sections 314-55.4.8.2.1.2 and 314-55.4.8.2.1.3, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.4.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 314-55.4.5.1.
55.4.8.2.1.4.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.4.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.4.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.
55.4.8.2.2 Nonflammable Extraction. ¶
55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be principally permitted subject to issuance of a zoning clearance certificate within the C-3, ML, and MH Zones, as well as the U zoning district, when accompanied by an industrial land use designation.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit within CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit within those zones - specified under Section 314 55.4.6.1.1 (AE, AG, FR, and U).
55.4.8.2.2.4Manufacturing activities involving nonflammable extraction may be permitted with a zoning clearance certificate in association with a cannabis cultivation permit without on-site customer traffic, subject to the eligibility criteria and siting criteria required for the cultivation, and, if located within an FP or TPZ zone, the permitted manufacturing activities must occur within existing structures. Manufacturing activities permitted pursuant to this subsection are exempt from the locational criteria established in Section 55.4.8.2.4. Manufacturing activities permitted pursuant to this subsection are limited to the use of cannabis grown on the same parcel(s) or premises.
55.4.8.2.3 Infusion. ¶
55.4.8.2.3.1Manufacturing activities involving infusion may be principally permitted subject to issuance of a zoning clearance certificate within the CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be principally permitted in all zones which permit cottage industry activities, when in compliance with all performance standards found within Section 314-45.1.3, or with a special permit pursuant to Section 314-45.1.4.
55.4.8.2.4 Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.9 Adaptive Reuse of Industrial Sites. On parcels two (2) acres or larger in size, within existing structures previously developed for a lawful heavy industrial operation, occupancy of up to one (1) acre of gross floor area may be permitted for use by commercial cannabis activities including: indoor cultivation, manufacturing, and cannabis support facilities. A zoning clearance certificate will be required for each discrete lease area. Where permitted occupancy and use of the site has reached one (1) acre, a use permit will be required to consider any further use of the site by commercial cannabis activities.
55.4.10 Other Provisions.
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
55.4.10.2 Farm-Based Retail Sales. In addition to the zones in which cannabis retail facilities may be permitted pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries, retail sales of cannabis products limited to those produced on the same parcel(s) or premises where the cannabis was cultivated, may occur as follows; provided, that the cultivator also obtains a State cannabis retail sale license, if necessary. Sales of any cannabis products not cultivated on the same parcel is prohibited, unless pursuant to a microbusiness permit and license. Sites hosting on-site customer traffic may be permitted with a conditional use permit. Sites without on-site customer traffic, where all goods are provided to customers through delivery, off-site pickup, or similar means to the extent authorized by law, may be permitted with a zoning clearance certificate. Farm-based retail sales are not permitted on any parcel zoned TPZ, or a parcel zoned U with an underlying land use designation of timberland.
55.4.10.3 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned FP or TPZ). In cases where the highest level of required permit among the proposed uses is a zoning clearance certificate, the microbusiness may be permitted with a zoning clearance certificate instead.
55.4.10.3.1 FP and TPZ Zones. Parcels zoned FP or TPZ may not host microbusinesses, except in cases fulfilling all the following requirements:
55.4.10.3.2.1All new commercial cannabis activities occur within existing structures;
55.4.10.3.2.2All cannabis product utilized on site is grown on site; and
55.4.10.3.2.3The site features no on-site customer traffic.
55.4.10.3.2Uses requiring a microbusiness permit per other sections of this code shall be presumed to require a special permit, unless otherwise stated.
55.4.10.4 Locational Criteria. Adult use retail sales, farm based retail sales with on-site customer traffic, and microbusinesses with onsite customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met. Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.
55.4.10.5 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a use permit as required by Section 314-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and city of Ferndale. Any event must be managed to ensure that (1) all cannabis vendor participants are licensed; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (3) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.6 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit; provided, that: (1) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and, (3) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.
55.4.10.7 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours. Businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate, subject to meeting the following criteria:
55.4.10.7.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.7.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.
Tour businesses not meeting the above criteria may be permitted with a special permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.
55.4.10.8 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties - in conformance with the public accommodation performance standards as specified in Section 314 60.05 (“Short-Term Rentals”).
55.4.10.9 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities. Transportation does not include warehousing or storage of cannabis.
55.4.10.10 Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
55.4.10.11 Interim Permitting of Preexisting Cultivation Sites. Where adequate evidence has been submitted demonstrating that a cultivation site existed prior to January 1, 2016, permit applications seeking authorization of commercial cannabis cultivation and ancillary activities at these sites shall be eligible to receive an interim permit, provided the application was filed prior to January 1, 2017, and has been determined to be complete for processing by the Director of the Planning and Building Department. Prior to issuance of any interim permit, the Department shall independently review evidence of prior cultivation and specify the size of preexisting cultivation area (if any) based upon aerial and satellite imagery, or other substantial evidence.
Approval of the interim permit is conditional and shall occur through issuance of a zoning clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
g clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
The interim permit authorizes the permittee to seek state licensure and continue operations until completion of the local permit review process and issuance or denial of a County permit, or January 1, 2019, whichever occurs first. The Director may extend this deadline for cause. Refusal of the Director to issue or extend an interim permit shall not entitle the applicant to a hearing or appeal of the decision. Additionally, approval of any interim permit does not obligate the County to approve a noninterim permit or extension of the interim permit. Permit cancellation and disqualification of the property from future permitting shall be decided by the Zoning Administrator or the Planning Commission at a noticed public hearing. Those decisions may be appealed to the Board of Supervisors pursuant to the appeal procedures outlined under Section 312-13 of these regulations.
55.4.11 Application Requirements for Clearances or Permits. Applications may be required to include any or all of the following information, depending on permit activities and location: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, tribal cultural resources, and historical resources; assessments of projectrelated noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a preexisting cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board.
The County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA). All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
55.4.12 Performance Standards. ¶
55.4.12.1 Performance Standards for All Commercial Cannabis Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
55.4.12.1.1 Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2 Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.
55.4.12.1.3 Where subject to State licensure, participate in local and State programs for “track and trace” once available.
55.4.12.1.4Maintain a current, valid business license at all times.
55.4.12.1.5 Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours prior notice, to be conducted by appropriate County officials during regular business hours (Monday – Friday, 9:00 a.m. – 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7 Comply with any special conditions applicable to the permit or premises which may be imposed.
55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable:
55.4.12.1.8.1 Standard 1 – Dead-End Road Length. Projects shall not be located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or secondary access for emergency vehicles and personnel, including wildland fire equipment.
Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:
55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a center-line stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or
55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of the road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County, including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.
55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.
55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s).
55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.
55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” which was adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:
55.4.12.1.8.3.1.1Impacts from point source and nonpoint source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.
55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.
55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.
55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.
55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.
55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.
55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing. ¶
55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA secretary, or similar information.
55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.
55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.
55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.
55.4.12.1.9 The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited.
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing new development activities shall provide the necessary information to implement the following mitigation measures from the final environmental impact report:
| Mitigation Measure # |
Description of Mitigation |
|---|---|
| 3.4-1a | Biological reconnaissance surveys |
| 3.4-1b | Special-status amphibian surveys and relocation/buffers |
| 3.4-1c | Westernpond turtle surveys and relocation/buffers |
| 3.4-1d | Nestingraptor surveys and relocation/buffers |
| 3.4-1e | Northern spotted owl surveys |
| 3.4-1f | Special-status nestingbird surveys/buffers |
| 3.4-1g | Marbled murrelet habitat suitabilitysurveys/buffers |
| 3.4-1i | American badger surveys and buffers |
| 3.4-1j | Fisher and Humboldt marten surveys and den site preservation/buffers |
| 3.4-1k | Bat surveyand buffers |
| 3.4-1l | Vole surveyand relocation/buffers |
| 3.4-3a | Special-statusplants surveys |
| Mitigation Measure # |
Description of Mitigation |
| --- | --- |
| 3.4-4 | Protection of sensitive natural communities, riparian habitat,wetland vegetation |
| 3.4-5 | Waters of the United States |
| 3.4-6b | Retention of Fisher and Humboldt marten habitat features |
Exception: This section shall not apply to new development activities within the footprint of existing structures or proposed on lands planned or zoned for commercial or industrial activities.
During permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required in concert with consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites that submitted for permitting prior to December 31, 2019, within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to participate in the retirement, remediation, and relocation provisions of the proposed ordinance to relocate the cannabis cultivation to outside of the northern spotted owl activity area.
55.4.12.1.11 Hazardous Material Site Assessments and Contingency Plans. Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I environmental site assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
l risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
55.4.12.1.11.1Where contamination at the project site has been verified, a hazardous materials contingency plan shall be submitted for County review and approval during permit review. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance.
55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.
55.4.12.1.11.3If at any time during construction, evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
55.4.12.1.12 Storm Water Management. Applications for cannabis activities shall include a plan detailing how storm water will be addressed for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain pre-project drainage conditions, and in particular that there will be no net increase in the volume of storm water runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.
55.4.12.1.13 Management of Waste and Hazardous Materials. ¶
55.4.12.1.13.1Applications shall include a plan for disposal of project-related waste, including: solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.)
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a materials management plan which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment.
55.4.12.1.14 Protection of Historical Resources. Applications proposing projects which include the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s professional qualification standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.
55.4.12.1.15 Inadvertent Discovery of Archaeological and Paleontological Resources. ¶
55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate tribal historic preservation officer(s), shall be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.
55.4.12.2 Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties. General standards applicable to all commercial cannabis activities:
55.4.12.2.1 All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).
55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies.
55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.
Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.
55.4.12.2.4 All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.
Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.
55.4.12.2.5 Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as a sudden, unexpected occurrence demanding immediate action.
55.4.12.2.6 Provide and maintain an approved means of sewage disposal.
55.4.12.2.7 All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8 All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday.
55.4.12.2.9This performance standard shall apply to all permittees, regardless of whether an application was submitted prior to or after December 31, 2016. Permittees shall provide and maintain security in an amount the department determines to be sufficient to
secure timely payment of annual taxes imposed by Chapter 9 of Division 1 of Title VII. Permittees shall provide and maintain such security in one (1) of the following forms:
55.4.12.2.9.1Cash, or a cash equivalent;
55.4.12.2.9.2A bond or bonds duly executed by an admitted surety insurer, as defined by Section 995.120 of the Code of Civil Procedure, payable to the County; or
55.4.12.2.9.3Written agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
ten agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
To maintain a permit or certificate, such security shall be in place by January 1st of each year that the permit or certificate is granted or prior to commencement of cultivation for permits granted after January 1st of that year. If the Planning Department does not receive the security prior to January 1st or commencement of cultivation, the permit or certificate shall be deemed to have expired.
55.4.12.3 [Reserved for Future Use] ¶
55.4.12.4 Performance Standard for Light Pollution Control.
55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded so that no light escapes between sunset and sunrise.
55.4.12.4.2Where located on a parcel abutting a residential zoning district or proposed within resource production or rural residential areas, any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.
55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 314-55.4.5.3.
55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:
55.4.12.5.1 Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2 On-site renewable energy system with twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3 Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
55.4.12.6 Performance Standard for Noise at Cultivation Sites. Noise from cultivation and related activities shall not result in an increase of more than three decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three or more property lines when all cannabis related activities are not in operation.
55.4.12.6.1In TPZ Zones and U Zones (with a general plan land use designation of timberland), the use of generators is prohibited.
55.4.12.6.2Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result.
55.4.12.6.3The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.3.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.3.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.3.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.3.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.
55.4.12.7 Performance Standards for Cannabis Irrigation. A special permit shall be required where irrigation of commercial cannabis cultivation activities occurs wholly or in part using one (1) or more diversionary sources of water. All cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
55.4.12.7.1 Documentation of Current and Projected Water Use. All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff and will be used to assist in identifying and establishing an appropriate forbearance period. At a minimum, the following items shall be included:
55.4.12.7.1.1Information identifying the cultivation season(s).
55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.
55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, showing volume in gallons.
55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.
55.4.12.7.2 Forbearance Period and Storage Requirements. ¶
55.4.12.7.2.1 Operators of cannabis cultivation site(s) shall forbear from diversions of surface water for irrigation during periods of low or reduced stream flows, in accordance with requirements of the State Water Resources Control Board.
55.4.12.7.2.2The County may require the submittal of a water management plan prepared by a qualified person such as a licensed engineer, hydrologist, or similar licensed professional, establishing a smaller or larger water storage and forbearance period, if required, based upon local site conditions.
55.4.12.7.2.3Where subject to forbearance, the applicant shall provide a plan for developing adequate on-site water storage to provide for irrigation, based on the size of the area to be cultivated.
55.4.12.7.3 Metering and Recordkeeping. ¶
55.4.12.7.3.1A metering device shall be installed and maintained on all discrete points of diversion or other locations of water withdrawal (including wells). The meter shall be located at or near the point of diversion or withdrawal.
55.4.12.7.3.2A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.3.3Operators shall maintain a weekly record of water collected from diversionary sources, as well as a record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site, and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.
55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:
55.4.12.8.1 Ponds and Reservoirs. ¶
55.4.12.8.1.1Except in limited circumstances where already permitted or existing, ponds shall be located “off-channel” from watercourses and adequately setback from streams, springs, and other hydrologic features.
55.4.12.8.1.2To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.
55.4.12.8.1.3Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from, or outlets to, a nearby stream or wetland.
55.4.12.8.1.4Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.1.5All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be
submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting time frames.
55.4.12.8.2 Bladders and Aboveground Pools, and Similar Vessels. Use of bladders, aboveground pools, and similar vessels is prohibited. Where a preexisting cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.
55.4.12.8.3 Tanks Located in Designated Flood Zones. Tanks shall be sited at least one (1) foot above the base flood elevation or wet flood proofed and anchored.
55.4.12.9 Performance Standard for Wells on Small Parcels. Cultivation site(s) located within areas planned or zoned for lot sizes of ten (10) acres or smaller where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. These tests shall be preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.
operation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.
55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.
55.4.12.11 Existing Site Reconfiguration. ¶
55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.
55.4.12.11.2A biological resource protection plan must be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within a streamside management area, sensitive plant community, or area of similar biological sensitivity.
55.4.12.11.3Any new timberland conversion proposed in association with cultivation site reconfiguration must not exceed the areas of existing conversion to be relocated.
Preexisting cultivation areas to be relocated must be restored to pre-disturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.
All relocated road segments must be fully decommissioned and restored to pre-disturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.5All remediation activities shall be performed in accordance with the remediation performance standard.
55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.
55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.
55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.
55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).
55.4.12.13 Performance Standard for Remediation Activities. All remediation activities shall be conducted in accordance with the requirements for mitigation and monitoring plans described within Section 314-61.1, including the standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations. ¶
55.4.12.14.1Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1.1Public visitation may be principally permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts or where zoned unclassified and planned for or developed with lawful commercial or industrial uses, when meeting the requirements of this section.
55.4.12.14.1.2Public visitation may be permitted with a special permit at sites located within those zones listed under Section 31455.4.6.1.1 (AE, AG, FR, and U), when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 314-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.
55.4.12.14.1.3Visitation by the general public may include tours and tour groups, farm stays, farm-based retail sales, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a conditional use permit pursuant to Section 314-62.1.
55.4.12.14.2 The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.2.1Sites located in those zones specified in Section 314-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. to 6:00 p.m.
55.4.12.14.2.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.2.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).
55.4.12.14.2.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.2.5 Road System and Driveways. ¶
55.4.12.14.2.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.12.14.2.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.2.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.
55.4.12.14.2.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.
55.4.12.14.2.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.2.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
55.4.12.14.2.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.2.6 Parking. ¶
55.4.12.14.2.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.2.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.
55.4.12.15 Performance Standards for Tour Operators and Tour Sites.
55.4.12.15.1 Tour Operators. Tour operators shall comply with all of the following measures:
55.4.12.15.1.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.1.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.
55.4.12.15.1.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.
55.4.12.15.1.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
55.4.12.15.2 Tour Site Eligibility Criteria. Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.2.1The site(s) conform with the public accommodation performance standard.
55.4.12.15.2.2Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Species Control. It is the responsibility of a certificate or permit holder to work to eradicate invasive species. As part of any application, the existence of invasive species on the project parcel need to be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required if invasive species are found to have returned.
55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:
55.4.13.1Cultivation area of three thousand (3,000) square feet or less.
55.4.13.2Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic certification standards or the substantial equivalent.
55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 314-43.2, right to farm ordinance, said statement shall include information describing the possibility of commercial cultivation of cannabis.
55.5 INDUSTRIAL HEMP LAND USE REGULATIONS ¶
55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the Inland Area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.
55.5.2 Applicability and Interpretation. ¶
55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.
55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis.
55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions” as defined in Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2593, 2/27/2018; Ord. 2599, §§ 1 – 4, 5/8/2018; Ord. 2615, § 1, 11/13/2018; Ord. 2652, § 2, 10/6/2020; Ord. 2653, § 2, 10/6/2020; Ord. 2654, § 2, 10/6/2020; Ord. 2667, § 2, 2/9/2021; Ord. 2670, § 2, 2/23/2021; Ord. 2683, §§ 2, 3, 9/21/2021; Ord. 2732, § 9, 3/5/2024; Ord. 2759, § 1, 3/18/2025; Ord. 2778, §§ 2, 3, 11/18/2025)
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55.1 INDOOR RESIDENTIAL CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ¶
55.1.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Indoor Cultivation”.
55.1.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Indoor Cultivation (“MMLUCIC” or “this Code”) is to regulate the cultivation of medical marijuana for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the residential cultivation and processing of medical marijuana for an individual patient’s use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
55.1.3 Applicability and Interpretation. ¶
55.1.3.1The indoor cultivation and processing of medical marijuana for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.
55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor residential cultivation of medical marijuana for personal use, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.
55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to the MMLUCIC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.
55.1.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.1.6 Penalties. ¶
Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable state and county laws, including the County’s medical marijuana abatement procedures as put forth in Section 314-55.2.
55.1.7 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Cultivation of Medical Marijuana for Personal Use: cultivation and processing of medical marijuana indoors in a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Detached Accessory Building - Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this Section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Personal Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s use.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
Residential Cultivation: the growing of fifty (50) square feet or less that is ten (10) feet or less in height of medical marijuana indoors within a residence or detached accessory structure, as defined herein. Such cultivation shall be for a qualified patient’s personal use and must be subordinate, incidental, and accessory to the residential use.
55.1.8 Indoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s indoor residential cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor residential medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Medical marijuana cultivation in a residence shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Medical marijuana cultivation in detached accessory buildings shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.3A total of fifty (50) square feet of indoor medical marijuana cultivation for personal use, which does not exceed ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than fifty (50) square feet or more than ten (10) feet in height of medical marijuana cultivation area per residence on the parcel, regardless of the number of qualified patients or primary caregivers residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The medical marijuana cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, posted with a legible copy of the individual patient’s medical marijuana recommendation, secured against unauthorized entry, and maintained for the exclusive use of the qualified patient; and
55.1.8.5Grow lights for medical marijuana cultivation for personal use in a residence or a detached accessory building shall not exceed 1200 watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of medical marijuana in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the residential cultivation of medical marijuana is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor medical marijuana cultivation or processing in a residence or a detached accessory building is prohibited; and
55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of medical marijuana in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
55.1.8.9On parcels that contain more than one residence, no odor of medical marijuana shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one residence, no odor of medical marijuana shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the medical marijuana cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of marijuana from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and
55.1.8.10From a public right of way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor medical marijuana cultivation at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Medical marijuana cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a Cottage Industry or a Home Occupation, and are not eligible for an address of convenience; and
55.1.8.12No sale, trading, or dispensing of medical marijuana is allowed on a parcel where residential cultivation of medical marijuana occurs; and
55.1.8.13The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where medical marijuana is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for medical marijuana cultivation; and
55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor residential cultivation of medical marijuana; and
55.1.8.16The indoor residential cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
55.1.8.17The indoor residential cultivation of medical marijuana must comply with all applicable state and county laws, including fire and building codes.
55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.
55.1.8.19Outdoor cultivation, as described in Section 314-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein. (Ord. 2468, Section 2, 12/13/2011; Ord. 2523, Section 3, 10/28/2014)
55.2 OUTDOOR CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ON SMALL PARCELS
55.2.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation”.
55.2.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation (“MMLUCSPOC” or “this Code”) is to establish reasonable regulations governing the outdoor cultivation of medical marijuana for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of medical marijuana for an individual patient’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
55.2.3 Applicability and Interpretation. ¶
55.2.3.1The outdoor cultivation and processing of medical marijuana on parcels five (5) acres or less in size within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.
55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt any outdoor cultivation activities on parcels five (5) acres or less in size, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to the MMLUCSPOC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.
55.2.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the attorney General of the State of California, or the Attorney General of the United States of America.
55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Acre: means 43,560 square feet. See also the definition of “Lot Size” found under Section 314-147 of the code.
Canopy: means the area, in square feet, of vegetative growth, of a marijuana plant including starts. Area shall be calculated using the following formula: Diameter of Plant squared, and then multiplied by the conversion factor (π/4). For example, if the diameter of one (1) plant is equal to 30 inches (2.5 feet), the canopy would equal 4.9 square feet [2.5 feet² x 0.7854].
Cultivation: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more marijuana plants or any part thereof in any outdoor location.
Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.
Indoor Cultivation of Medical Marijuana: cultivation and processing of medical marijuana inside a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Marijuana Plant: means any mature or immature male or female marijuana plant, or any marijuana seedling, unless otherwise specifically provided herein.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this Section.
Personal Use Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s exclusive use.
Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.
Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
alified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, section 1238, to receive school buses, as defined in California Vehicle Code section 233, or school pupil activity buses, as defined in Vehicle Code section 546.
Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.
55.2.7 Outdoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s outdoor cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, outdoor medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 314-147 of the code.
55.2.7.2It shall not be deemed a nuisance per se for a qualified patient to cultivate medical marijuana outdoors for personal use as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:
55.2.7.2.1On parcels one (1) acre or smaller in size, the total plant canopy of the medical marijuana cultivated outdoors may not exceed one hundred (100) square feet in size, nor may cultivation occur within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre and up to five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed two hundred (200) square feet in size, and on parcels larger than five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
han five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
55.2.7.2.3No outdoor cultivation may occur within 600 feet of any School, School Bus Stop, Public Park, Place of Religious Worship, or Traditional Native American Cultural Site, so long as these uses existed prior to the outdoor cultivation of medical marijuana in compliance with this Code; and
55.2.7.2.4Indoor medical marijuana cultivation may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and
55.2.7.2.6Cultivation within a greenhouse or “hoophouse” shall be deemed outdoor cultivation and subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks.
55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor residential cultivation of medical marijuana; and
55.2.7.2.8The outdoor cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of medical marijuana pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a Lake and Streambed Alteration Agreement is necessary. If such an Agreement is required, the water use must comply with all of its terms.
55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of medical marijuana for personal use may only occur by a qualified patient who occupies a permitted residence located on the same property that is host to the cultivation activities. If the qualified patient is not the owner of the property, the occupant must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent.
55.2.8 Nuisance Declared; Specialized Abatement Process; Enforcement.
55.2.8.1Any violation of this Section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law, including the specialized abatement process as provided for in this Code.
55.2.8.2 Notice to Abate Unlawful Marijuana Cultivation. Whenever an Enforcing Officer determines that a public nuisance as described in this Code exists on any property within the unincorporated area of Humboldt County he or she is authorized to notify the owner and/or occupant(s) of the premises through issuance of a ”Notice and Order to Abate Unlawful Marijuana Cultivation”.
55.2.8.2.1 Contents of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” shall be in writing and shall include the following:
55.2.8.2.1.1Name of the owner(s) of the property upon which the nuisance exists, as listed in the records of the county assessor, and any occupant(s) shall also be identified, if known; and
55.2.8.2.1.2A description of the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property and/or identification of such property by reference to the assessor’s parcel number; and
55.2.8.2.1.3A statement that medical marijuana cultivation in violation of this Section exists on the property and therefore such cultivation is a public nuisance per se.
55.2.8.2.1.4A description of the medical marijuana cultivation in violation of this Section that exists on the property and the actions required to abate it.
55.2.8.2.1.5A statement that the owner and/or occupant is required to abate the identified violations of this Code within fourteen (14) calendar days after the date that said Notice was served.
55.2.8.2.1.6A statement that the owner and/or occupant may, within ten (10) calendar days after the date that said Notice was served, make a request in writing to the Clerk of the Board of Supervisors for a hearing to appeal the determination of the Enforcing Officer that the conditions existing constitute a public nuisance, or to show other cause why those conditions should not be abated in accordance with the provisions of this Section.
55.2.8.2.1.7A statement that, unless the owner and/or occupant abates the unlawful marijuana cultivation, or requests a hearing before the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
efore the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
55.2.8.3 Service of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” (“Notice and Order”) shall be served by delivering it personally to the owner and/or to the occupant, or by mailing it by regular United States mail, together with a certificate of mailing, to the owner and/or occupant of the property at the address thereof, and to any non-occupying owner at his or her address as it appears on the last equalized assessment roll and by posting a copy of the Notice and Order on the real property upon which the nuisance exists as follows: copies of the Notice and Order shall be posted along the frontage of the subject property and at such other locations on the property reasonably likely to provide notice to the owner. In no event shall fewer than two (2) copies of the Notice and Order be posted on a property pursuant to this section.
55.2.8.3.1The date of service is deemed to be the date of deposit in the mail, personal delivery, or posting, as applicable.
55.2.8.4 Administrative Review. ¶
55.2.8.4.1Any person upon whom a Notice and Order to Abate Unlawful Marijuana Cultivation has been served may appeal the determination of the Enforcing Officer that the conditions set forth in the Notice and Order constitute a public nuisance to the Board of Supervisors, or may show cause before the Board of Supervisors why those conditions should not be abated in accordance with the provisions of this Section. Any such administrative review shall be commenced by filing a written request for a hearing with the Clerk of the Board of Supervisors within ten (10) calendar days after the date that said Notice and Order was served. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing such a written request shall be deemed jurisdictional and may not be waived. In the absence of a timely filed written request that complies fully with the requirements of this Section, the findings of the Enforcing Officer contained in the Notice and Order shall become final and conclusive on the eleventh day following service of the Notice and Order.
55.2.8.4.2Upon timely receipt of a written request for hearing which complies with the requirements of this Section, the Clerk of the Board of Supervisors shall set a hearing date not less than seven (7) days or more than thirty (30) days from the date the request was filed. The Clerk shall send written notice of the hearing date to the requesting party, to any other parties upon whom the Notice and Order was served, and to the Enforcing Officer.
55.2.8.4.3Any hearing conducted pursuant to this Section need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The Board of Supervisors has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
55.2.8.4.4The Board of Supervisors may continue the administrative hearing from time to time.
55.2.8.4.5The Board of Supervisors shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the Notice and Order. The Board of Supervisors shall issue a written decision in the form of a resolution, which shall include findings relating to the existence or nonexistence of the nuisance, as well as findings concerning the propriety and means of abatement of the nuisance conditions set forth in the Notice and Order. Such decision shall be mailed to the party requesting the hearing, any other parties upon whom the Notice and Order was served, and the Enforcing Officer.
55.2.8.4.6The decision of the Board of Supervisors shall be final and conclusive on the date it is made.
55.2.8.5 Liability for Costs. ¶
55.2.8.5.1In any enforcement action brought pursuant to this Section, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful marijuana cultivation to exist shall be liable for all costs incurred by the County, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this Section, whether those costs are incurred prior to, during, or following enactment of this Section.
55.2.8.5.2In any action by the Enforcing Officer to abate unlawful marijuana cultivation under this Section, whether by administrative proceedings or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney’s fees incurred. Recovery of attorneys’ fees under this Code shall be limited to those actions or proceedings in which the County elects, at the initiation of that action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the County in the action or proceeding.
55.2.8.6 Abatement by Owner or Occupant. Any owner or occupant may abate the unlawful marijuana cultivation or cause it to be abated at any time prior to commencement of abatement by the enforcing officer.
55.2.8.7 Enforcement. Whenever the Enforcing Officer becomes aware that an owner or occupant has failed to abate any unlawful marijuana cultivation within fourteen (14) days of the date of service of the Notice and Order, unless timely appealed, or of the date of the decision of the Board of Supervisors requiring such abatement, the Enforcing Officer may take one (1) or more of the following actions:
55.2.8.7.1Enter upon the property and abate the nuisance. The Enforcing Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the abatement work, if necessary; and/or
55.2.8.7.2Request that the County Counsel commence a civil action to redress, enjoin, and abate the public nuisance.
55.2.8.8 Accounting. The Enforcing Officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the Board of Supervisors showing the cost of abatement and the administrative costs for each parcel.
55.2.8.9 Notice of Hearing on Accounting; Waiver by Payment. Upon receipt of the account of the Enforcing Officer, the Clerk of the Board of Supervisors shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time not less than five (5) business days after the date of mailing of the notice, the Board of Supervisors will meet to review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the Enforcing Officer prior to the time set for the hearing by the Board of Supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable.
55.2.8.10 Hearing on Accounting. ¶
55.2.8.10.1At the time fixed, the Board of Supervisors shall meet to review the report on the accounting by the Enforcing Officer. An owner may appear at said time and be heard on whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner, is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed.
55.2.8.10.2The report and the accounting of the Enforcing Officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.
55.2.8.10.3 Modifications. The Board of Supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.
55.2.8.10.4 Special Assessment and Lien. The Board of Supervisors may order that the cost of abating nuisances pursuant to this Section and the administrative costs as confirmed by the Board be placed upon the County tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The Board of Supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code.
55.2.8.11 Enforcement by Civil Action. As an alternative to the procedures set forth in this Section the County may abate the violation of this Section by the prosecution of a civil action through the Office of the County Counsel, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this Section or requiring compliance with other terms.
55.2.8.12 No Duty to Enforce. Nothing in this Section shall be construed as imposing on the enforcing officer or the County of Humboldt any duty to issue an Notice and Order, nor to abate any unlawful marijuana cultivation, nor to take any other action with regard to any unlawful marijuana cultivation, and neither the enforcing officer nor the County of Humboldt shall be held liable for
failure to issue an order to abate any unlawful marijuana cultivation, nor for failure to abate any unlawful marijuana cultivation, nor for failure to take any other action with regard to any unlawful marijuana cultivation.
55.2.8.13 Remedies Cumulative. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. Nothing in this Section shall be deemed to authorize or permit any activity that violates any provision of state or federal law.
55.2.8.14 Other Nuisance. Nothing in this Section shall be construed as a limitation on the County’s authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building.
55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship.
55.2.9.1 Low Odor Strains. To alleviate the potential the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.
55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.
55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.
55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near medical marijuana or the area where medical marijuana is being cultivated. Grow, process, and store medical marijuana in as “organic” and safe a fashion as possible to reduce potential adverse effects during use by medical patients who are ill and may have compromised immune systems.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices –Northern California Farmer’s Guide. (Ord. 2523, Section 4, 10/28/2014)
55.3 MEDICAL CANNABIS DISPENSARIES ¶
55.3.1 Authority and Title. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.2 Purpose and Intent. The purpose of this Section is to minimize the negative land use impacts that can be associated with the dispensing of medical cannabis by a Dispensary, as defined herein, to a qualified patient and to facilitate local implementation of the California Medical Cannabis Regulation and Safety Act (“MCRSA”).
55.3.2.1The further purpose of this Section is to minimize the negative land use impacts that can be associated with the sale or testing of cannabis to adults twenty-one (21) years of age or older and to facilitate the local implementation of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) (SB 94), and as it may subsequently be amended. (Ord. 2588, Section 3, 11/14/2017)
55.3.3 Applicability and Interpretation. ¶
55.3.3.1These regulations shall apply to the locating and permitting of medical cannabis Dispensaries in zoning districts which authorize this use, as specified under Section 55.3.8.2 of this Code.
55.3.3.2The distribution of medical cannabis by medical cannabis Dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.
55.3.3.3All distribution of medical cannabis by medical cannabis Dispensaries, as defined herein, regardless of whether the use was previously approved by the Humboldt County Planning Commission or the Humboldt County Board of Supervisors, shall come into full compliance with these regulations within one (1) year of the adoption of the ordinance establishing this Code.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of medical cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, or compliance with the MCRSA and any other applicable state laws.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to exempt medical cannabis Dispensaries as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
55.3.3.6Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting medical cannabis Dispensaries.
55.3.3.7The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Humboldt County Code section 314-135 et seq. and section 111-1 et seq. may also apply to this Code.
55.3.3.8Adult Use Retail Sales facilities are a conditionally permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)
permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)
55.3.3.9Permits issued for Medical Cannabis Dispensaries pursuant to Section 314-55.3 as set forth in Ordinance No. 2554 shall remain valid, and shall be governed by the terms and conditions of the approved permit, including those limiting distribution and sales to qualified patients with a recommendation from a licensed California physician, consistent with state provisions for medicinal use. Any Dispensary operating under a local permit approved prior to the effective date of the ordinance adding section 55.3.3.8 may seek a modification of the permit to authorize the sale of cannabis to an adult twenty-one (21) years of age or older who is not a qualified patient with a physician recommendation. Modification of the permit may be authorized as provided under section 312-11 of these regulations. Approval of the modification must be made by the Planning Commission or Zoning Administrator, at a public hearing for which notice has been provided pursuant to section 312-8. Holders of such permits may apply for state licenses for either medicinal or adult use retail sale license categories, or any combination thereof as may be permitted under state statute and regulations. (Ord. 2588, Section 4, 11/14/2017)
55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for medical cannabis Dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of medical cannabis Dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of medical cannabis.
55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable state and county laws.
55.3.7Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.8 General Provisions. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.8.1All medical cannabis Dispensaries shall operate in compliance with this Code, the MCRSA, and all other applicable state and local laws.
55.3.8.2Medical cannabis Dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit issued pursuant to Section 312-3.1 of the code. Zoning districts where a Dispensary may be located are C-1, C-2, C-3, MB, ML, MH.
55.3.8.3The fact that applicants possess other types of state or county or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a conditional use permit from the County of Humboldt to operate a Dispensary within the jurisdiction of the County.
55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure the safety of patients and staff; to ensure the security of the medical cannabis; and to safeguard against the diversion of medical cannabis for non-medical purposes.
55.3.9 Medical Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a medical cannabis Dispensary:
55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
55.3.9.2The Planning Commission shall specifically regulate the location of medical cannabis Dispensaries by considering the potential impacts and cumulative impacts of proposed medical cannabis Dispensaries to the community area as a whole and specifically on the following existing uses located within a 600 foot radius of a proposed Dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit for any proposed medical cannabis Dispensary within 600 feet of the following uses if the Commission determines that the impacts of a proposed Dispensary have the potential to be significant on the following uses:
55.3.9.2.1Residential neighborhoods and their inhabitants;
55.3.9.2.2Church, as defined herein;
55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
55.3.9.2.4Residential treatment facilities, as defined herein; and
55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a 600 foot radius of the proposed new facility.
55.3.9.3No medical cannabis Dispensaries, operators, establishments, or providers who possess, cultivate, or distribute medical cannabis shall be located within a 600-foot radius of a school [Health & Safety Code section 11362.768 (b)]. This distance shall be measured in a straight line from the property line of the school to the property line of the medical cannabis dispensing facility, operator, establishment, or provider.
55.3.9.4Submission of an Operations Manual and compliance with the Operating Standards, pursuant to sections 55.3.10 and 55.3.11 of this Code.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit, medical cannabis Dispensaries shall submit to the Planning Commission an Operations Manual which provides for the following:
55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit application, the Operations Manual, and the Operating Standards at any time before or after the conditional use permit is issued; and
55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and
55.3.10.3The hours and days of the week when the Dispensary will be open; and
55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a 600 foot radius; and
55.3.10.5A description of the security measures located on the premises, including but not limited to, lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients and secure the medical cannabis against diversion for non-medical purposes; and
55.3.10.6A description of the screening, registration and validation process and procedures for qualified patients and primary caregivers; and
55.3.10.7A description of qualified patient records acquisition and retention procedures and policies; and
55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of medical cannabis that come in and go out of the Dispensary; and
55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and
55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and
55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all medical cannabis distributed; and
55.3.10.12The procedure and documentation process for determining patient dosage, including any testing for the major active agents in medical cannabis offered to qualified patients, such as cannabinoids tetrahydrocannabinol (THC), Cannabidiol (CBD), and Cannabinol (CBN); and
55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and
55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, medical cannabis Dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as medical cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Medical cannabis delivery services shall only operate from a “store-front” Dispensary in a commercial or industrial zone with an approved conditional use permit; and
55.3.11.2Medical cannabis Dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and
55.3.11.3No dispensing of medical cannabis to an individual qualified patient shall be permitted more than twice a day; and
55.3.11.4The hours of operation of medical cannabis Dispensaries shall be no earlier than 6:00 a.m. and no later than 10:00 p.m.; and
55.3.11.5Medical cannabis Dispensaries shall only provide medical cannabis to an individual qualified patient who has a valid, verified physician’s recommendation issued in the State of California. Dispensaries shall verify on an annual basis, or more frequently if required by the State of California, that the physician’s recommendations of their clients are current and valid; and
55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the Dispensary. A copy of the client rules and/or regulations shall be provided to the qualified patient by a medical cannabis delivery service; and
55.3.11.7Repealed by Ord. 2599, § 2, 5/8/2018.
55.3.11.8Each building entrance to a medical cannabis Dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
55.3.11.9No medical cannabis Dispensary or delivery service shall provide medical cannabis to any qualified patient or holder of a medical cannabis recommendation who is under 18 unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of medical cannabis; and
55.3.11.10All medical cannabis Dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
55.3.11.11All medical cannabis dispensed by Dispensaries must be obtained in accordance with the MCRSA and other applicable state and local laws; and
55.3.11.12Dispensaries must comply with sections 313-87.3 and 314-87.2 of the County Zoning Regulations; and
55.3.11.13An up-to-date inventory of all hazardous materials stored and used onsite shall be maintained on the premises of the Dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.14Medical cannabis Dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
55.3.11.15Medical cannabis Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual or in the Operating Standards must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change; and
55.3.11.16Medical cannabis Dispensaries shall comply with any and all conditions of their conditional use permit.
55.3.11.17The operator shall provide information to all employees about the potential health impacts of cannabis use on children. Information shall be provided by posting the brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card.” This information shall also be provided to all employees as part of the employee orientation.
55.3.11.18The brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card” shall be printed and made available to all customers where transactions are completed.
55.3.11.19Prior to operation, the operator shall work with the Department of Health and Human Services to provide signage notifying customers of the potential health effects of cannabis consumption during pregnancy and upon nursing children.
55.3.12Performance Review Reports
55.3.12.1Medical cannabis Dispensaries shall submit a “Performance Review Report” on an annual basis from their initial date of operation for review and approval by the Planning Commission. The Planning Commission may delegate review of the annual Performance Review Report to the Zoning Administrator at the time of the initial hearing or at any time thereafter. This annual “Performance Review Report” is intended to identify the effectiveness of the approved conditional use permit, Operations Manual, Operating Standards, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
55.3.12.2Medical cannabis Dispensaries shall be inspected by the Humboldt County Sheriff or his/her designee, and/or employees of the Humboldt County Planning and Building Department and/or the Code Enforcement Investigator on an annual basis, or more frequently as requested by the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1) to
determine if the Dispensary is in compliance with its conditional use permit, Operating Standards, and Operations Manual. After payment of the inspection fees as indicated in the following section, a copy of the results from this inspection shall be given to the Dispensary for inclusion in their “Performance Review Report” to the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1).
55.3.12.3Inspection and review fees pursuant to the County’s adopted schedule of fees and charges, as amended from time to time by the Board of Supervisors, shall be paid by medical cannabis Dispensaries and accompany the “Performance Review Report” for costs associated with the inspection and the review of the report by County staff.
55.3.12.4Non-compliance by medical cannabis Dispensaries in allowing the inspection by the above-mentioned County personnel, or refusal to pay the required fees, or non-compliance in submitting the annual “Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the conditional use permit and/ or subject the holder of the permit to the penalties outlined in this Code, above.
55.3.13Permit Revocation & Transfer
- 55.3.13.1A conditional use permit shall be revoked or modified according to Humboldt County Code Section 312 14 (Revocation Procedures). Permit revocation or modification shall be sought for non-compliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.
55.3.14.1Conditional use permits to operate a medical cannabis Dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.15Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.16 Medical Cannabis Business Offices. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE OF CANNABIS LAND USE REGULATION FOR THE INLAND AREA
55.4.1 Authority and Title. This section shall be known as the commercial cannabis land use ordinance (CCLUO), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Inland Area of the County of Humboldt.
55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment, increases public awareness, and community health and safety while creating a clear and attainable path for operators to follow and authorities to enforce.
These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of Section 313-55.1, 314-55.1, 313-55.2, or 314-55.2 concerning cultivation of medical marijuana for personal use by patients or caregivers, or contravene the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twenty-one (21) years of age or older.
55.4.3 Applicability and Interpretation. ¶
55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt outside of the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. Applications for commercial cannabis activity land use permits filed on or before December 31, 2016, shall be governed by the regulations in effect at the time of their submittal, except as follows and is otherwise prescribed herein. Zoning clearance certificate applications for open air cultivation filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.7 below. Zoning clearance certificate applications for retirement, remediation and relocation sites filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.5.9.4 below.
55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area regulations as well as other applicable provisions of the County Code.
55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis, from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.
55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 314-135 et seq. and Section 111-1 et seq. may also apply to this section.
55.4.3.5 A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCLUO for any commercial cannabis activity regulated by this section or Section 314-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.
55.4.3.6 Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”
55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.
55.4.3.8 Zoning clearance certificates and permits issued for commercial cannabis activities pursuant to the commercial medical marijuana land use ordinance (CMMLUO) as set forth in this section shall remain valid, and shall be governed by the terms and conditions of this section until such time as the permit is modified. Holders of such permits may apply for State licenses for either medicinal or adult use license categories, or any combination thereof as may be permitted under State statute and regulations.
55.4.3.9 Notwithstanding the provisions of the right to farm ordinance, Section 314-43.2.6, the commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the general agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.10 Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any zoning district other than those zoning districts where it is expressly permitted.
55.4.3.11 The fact that an applicant possesses other types of State, County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.12 No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, or use permit required under this section.
55.4.3.13 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.4.4 Definitions. ¶
“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.
“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.
“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.
“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
“Captured rainfall” means catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.
“Category 4 roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Division 2 of this title.
“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.
“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.
“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.
“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”
“Cultivation site” means the location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.
“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from aboveground irrigation.
“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light, or indoor.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.
“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method to make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.
“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.
“Forbearance period” means the calendar days during which water may not be diverted from a water body. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Homesite area” means the land up to two (2) acres immediately surrounding a house or dwelling, including any closely associated buildings and structures, garden, storage, driveway and parking areas, but excluding any associated “open fields beyond,” and also excluding any closely associated buildings, structures, or divisions that contain the separate activities of their own respective occupants with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated.
“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.
“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.
“Irrigation” means use of water by any commercial cannabis cultivation activity.
“Licensee” means a person issued a State license to engage in commercial cannabis activity.
“Local water source” means water withdrawal from a water body occurring on the same parcel(s) or premises, or in their vicinity.
“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.
“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than 10,000 square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.
“Nondiversionary water source” means not involving the withdrawal of water from a water body.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a conversion of timberland, conducted prior to January 1, 2016.
“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.
“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.
“Outdoor” means outdoor cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 314-147.
“Permaculture” means a set of design principles centered on whole systems thinking, simulating, or directly utilizing the patterns and resilient features observed in natural ecosystems. Commonly associated with permaculture include agro-forestry, swales, contour plantings, soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder. “Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or group holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument shall not be considered a “person” for purposes of this section.
“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence. The maximum cultivation area that may be recognized is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above.
“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.
“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.
“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.
“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”
“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community service districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic.
“Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.
“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.
“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from one hundred percent (100%) renewable source.
“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. Retailer shall include medical cannabis dispensaries, as defined in and regulated by Section 314-55.3.
“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.
“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.
“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.
“Slope” means natural grade as defined in Section 314-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to MAUCRSA.
“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.
“Timberland” means land, which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.
“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the tribal council or equivalent body.
“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by nontribal members.
“Water body” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Water body” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.
55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits. ¶
55.4.5.1 Special Area Provisions. ¶
55.4.5.1.1 No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2 No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3 A special permit shall be required for any commercial cannabis activity in a TPZ zoning district, when authorized pursuant to Section 314-55.4.6.5 (preexisting cultivation sites).
55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.
55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the community planning areas (CPAs) identified herein. For purposes of determining the Trinidad planning area, the Trinidad general plan shall be utilized.
55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 314-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.
The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.
55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. ¶
The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their tribal historic preservation officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).
55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, or use permit for commercial cannabis activity, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.
55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.
Any violation of this section, including, but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of this title.
Whenever permit applicants seeking permits for new commercial activities initiate operations ahead of permit issuance or preexisting cultivation site operators seeking permits expand cultivation operations ahead of permit issuance the Director shall have discretion to:
55.4.5.3.1 Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;
55.4.5.3.2 Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings; or
55.4.5.3.3 Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1 No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 31455.4.6.1.2.3.
55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable clearance or permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to five thousand (5,000) square feet may be permitted on a parcel of between five (5) and ten (10) acres with a zoning clearance certificate per Section 314-55.4.6.1.2.1.1).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Any commercial cannabis activity zoning clearance certificate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
ate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
55.4.5.7 Annual Inspections. If the Inspector or other County official determines that the site does not comply with the conditions of approval, the Inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed. Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed time frames, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the Inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.
55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.
55.4.5.8.2 The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.
55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the
commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.
55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries shall be principally permitted with a zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified:
55.4.6.1 Eligibility Criteria – Resource Production and Residential Areas.
55.4.6.1.1 Zoning. AE, AG, FR, and U when accompanied by a resource production general plan land use designation (not including timberland) or residential land use designation requiring parcel sizes of more than five (5) acres.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area.
55.4.6.1.2.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.1.2.1.1Cultivation is located within the homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.1.2.1.2The property is owner-occupied; and
55.4.6.1.2.1.3Water source for irrigation is permitted and non-diversionary; and
55.4.6.1.2.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.1.2.1.5Permaculture is practiced; and
55.4.6.1.2.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.1.2.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.1.2.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.1.2.2Five (5) acre minimum parcel size, on parcels between five (5) and ten (10) acres in size:
55.4.6.1.2.2.1Up to five thousand (5,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.2.2Up to ten thousand (10,000) square feet of cultivation area with a special permit.
55.4.6.1.2.3On parcels ten (10) acres or larger in size:
55.4.6.1.2.3.1Up to ten thousand (10,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.3.2Up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a special permit.
55.4.6.1.2.4On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit; up to a maximum of eight (8) acres can be permitted. All cultivation areas must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas.
55.4.6.2.1 Zoning. C-3, ML, MH, and U when accompanied by a commercial or industrial general plan land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.
55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a zoning clearance certificate.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse.
55.4.6.3 Eligibility Criteria – All Areas. ¶
55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use.
55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier. Water from on-site greywater systems is also authorized for year-round use. Dry farmed outdoor or mixed-light cultivation sites may utilize irrigation from diversionary sources for propagation areas and transplantation. Irrigation water sourced from diversionary sources may be permitted with a special permit pursuant to the streamside management area ordinance, Section 314-61.1, and subject to the performance standards for diversionary water use.
55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 314-55.4.12.1.8.
55.4.6.4 Siting Criteria – All Areas. ¶
55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less.
55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016.
55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited. Exceptions to the in native soil planting requirement may be considered with a use permit. Where an exception is sought, the use permit application shall include evidence demonstrating that in the circumstances of the particular cultivation site, it is better to not plant within the native soils. An exception shall only be approved if it can be demonstrated that the native soil will not be impaired or damaged.
55.4.6.4.4 Setbacks. ¶
55.4.6.4.4.1 Standard Setbacks. Cultivation site(s) must observe all of the following setbacks:
55.4.6.4.4.1.1 Property Lines. Thirty (30) feet from any property line. ¶
55.4.6.4.4.1.2 Residences and Undeveloped Parcels. Three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.
55.4.6.4.4.1.3 Sensitive Receptors. Six hundred (600) feet from a church or other place of religious worship, public park, tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.
55.4.6.4.4.1.4 Tribal Ceremonial Sites. One thousand (1,000) feet from all tribal ceremonial sites.
55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet may be allowed with a special permit; provided, that advance notice is given to the person or agency responsible for managing or supervising the management of those lands. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.
55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.
55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.
55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including surface water diversions, agricultural wells, and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting streamside
management areas (SMAs) or other wet areas, as identified and described under Section 314-61.1. Under certain circumstances, a special permit may be required.
55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 314-55.4.5.1.4 are subject to the following enhanced setbacks, unless confined within enclosed structures:
55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area;
55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.
55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 314-55.4.6.4.4.2.1 and 314-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of this section are not applicable to any commercial cannabis activities conducted on a parcel zoned MH or lands planned for General Industrial uses (IG).
55.4.6.5 Accommodations for Pre-Existing Cultivation Sites. As set forth in the following subsections, pre-existing cultivation sites that meet all other eligibility and siting criteria and performance standards may be permitted within AE, AG, RA, FR, FP, TPZ, and U zoning districts, where accompanied by a resource production general plan land use designation or residential land use designation requiring parcel sizes of more than five (5) acres. Expansion of pre-existing cultivation sites is prohibited where located within TPZ Zones or U Zones where the general plan land use designation is “timberland.” For other areas, where the size of a pre-existing cultivation site is smaller than the allowed cultivation area which can be permitted, the site may be expanded to the maximum allowed for the applicable parcel size and permit type within existing nonforested areas with slopes of fifteen percent (15%) or less.
Permit applications for pre-existing cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.
Except as stated below, applications for pre-existing cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of the documented pre-existing cultivation area and applications for pre-existing cultivation submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area. No new applications for pre-existing cultivation sites shall be accepted after December 31, 2019, except applications for cultivation sites of two thousand (2,000) square feet or less pursuant to Section 55.4.6.5.1.1: (a) may be submitted after December 31, 2019; and (b) may be permitted for one hundred percent (100%) of the documented pre-existing cultivation area up to two thousand (2,000) square feet.
55.4.6.5.1 Small Cultivation Sites. ¶
55.4.6.5.1.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1On parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1.1Cultivation is located within the two (2) acre homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.5.1.1.1.2The property is owner-occupied; and
55.4.6.5.1.1.1.3Water source for irrigation is permitted and nondiversionary; and
55.4.6.5.1.1.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.5.1.1.1.5Permaculture is practiced; and
55.4.6.5.1.1.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.5.1.1.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.5.1.1.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.5.1.2On parcels five (5) acres or larger in size, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a zoning clearance certificate, subject to the following additional requirements and allowances:
55.4.6.5.1.2.1The operator’s principal residence is located on the same parcel and the residence was in existence before January 1, 2016.
55.4.6.5.1.2.2Not more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.2.3The road systems performance standards in Section 55.4.12.1.8.1 shall not apply.
55.4.6.5.1.2.4The road systems performance standards in Sections 55.4.12.1.8.3 and 55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.2.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 55.4.12.1.8.4.1, and submit a report prepared pursuant to Section 55.4.12.1.8.3.2, unless one (1) has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.2.4.2Improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.
55.4.6.5.1.2.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.
55.4.6.5.2On an AE-zoned parcel less than one (1) acre in size, up to two thousand five hundred (2,500) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.3On parcels between one (1) acre and five (5) acres in size, up to three thousand (3,000) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.4 A cultivation site located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a special permit.
55.4.6.5.5 In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit, subject to all applicable performance standards.
55.4.6.5.6 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation. In TPZ Zones and U Zones (with a land use designation of timberland) the use of generators and mixed-light cultivation is prohibited. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.
55.4.6.5.6.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.6.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:
55.4.6.5.6.2.1Keeping of ancillary mother plants off-site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.
55.4.6.5.6.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.6.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.
55.4.6.5.7 Provisional Permitting. An application for a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and
Building Department within one (1) year of issuance of the provisional clearance or permit. All violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event no more than two (2) years after the date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall then act as Hearing Officer.
As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.
55.4.6.5.8 Myers Flat Community Area. In the Myers Flat Community Area, on any sized parcel, the cultivation area of a preexisting site may be permitted with a special permit, up to a maximum of three thousand (3,000) square feet. Expansion is prohibited on parcels less than one (1) acre in size. The cultivation area setback requirement specified in Section 314-55.4.6.4.4.1.1 shall be reduced to the setbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
etbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
55.4.6.5.9 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:
55.4.6.5.9.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that were in operation at any time between January 1, 2006, and January 1, 2016, and are located in TPZ, RA, U, AG, FR or AE Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 314-55.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.
55.4.6.5.9.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting the eligibility criteria specified in Section 314-55.4.6.1 or 314-55.4.6.2 and the siting criteria specified in Sections 314-55.4.6.4 through 314-55.4.6.8, as well as all applicable performance standards specified in Section 314-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 314-55.4.5.1.4. Applications for RRR sites shall not be accepted after December 31, 2018.
55.4.6.5.9.3Operators of RRR sites shall be eligible to receive a zoning clearance certificate or special permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.
s on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.
55.4.6.5.9.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k). Up to two (2) RRR site zoning clearance certificates may be granted on relocation site parcels of ten (10) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation zoning clearance certificates issued for that parcel does not exceed twenty percent (20%) of the area of the relocation site parcel. With a special permit, more than two (2) RRR sites may be located on relocation site parcels of ten (10) acres or larger provided the cumulative total cultivation area for all commercial cannabis cultivation does not exceed twenty percent (20%) of the area of the relocation site parcel. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
l soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
55.4.6.5.9.5In order to receive the benefits specified in Section 314-55.4.6.5.9.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard for remediation activities. The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so. The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt, shall on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.
55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis activities, including but not limited to bags, pots or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis and cannabis waste products, imported soil and soil
amendments not incorporated into native soil, generators, pumps, and structures not associated with noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.
For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 314-55.4.5.3 and Chapter 1 of Division 5 of this title.
55.4.6.7 Zoning Clearance Certificates for Open Air Cultivation Submitted under Prior Ordinance – Provisions for Neighborhood Compatibility. Where located in or within one thousand (1,000) feet of any incorporated city, sphere of influence (SOI) of any incorporated city, tribal lands, or within any of the following mapped community planning areas: Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek, zoning clearance certificate applications submitted prior to January 1, 2017, shall be subject to compliance with the following provisions, which are designed to ensure compatibility with surrounding land uses and control of potential nuisance, and are hereby retroactively applicable. For purposes of determining the Trinidad planning area, the city of Trinidad general plan shall be utilized.
55.4.6.7.1 Where there is no public controversy associated with an application, within three (3) months of effective date of this ordinance, the applicant may request the pending permit application or approved permit be considered or reconsidered as a special permit. If following appropriate public notice, there is no opposition to the special permit, the permit may be approved. In situations where there is public controversy, applicants and operators must choose to comply with one (1) of the following options:
55.4.6.7.1.1Demonstrate all areas of open air cultivation activities maintain setbacks of six hundred (600) feet or greater from any residence(s) located on a separately owned parcel, and are located six hundred (600) feet or greater from any residentially zoned area or applicable community planning area boundary.
55.4.6.7.1.2Confine all open air cultivation activities to enclosed structures.
55.4.6.7.1.3 Secure a Conditional Use Permit. In considering the use permit request, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.7.1.4 Request Permit Cancellation. Permit holders shall be eligible for relocation incentives pursuant to the provisions of Section 314-55.4.6.5.9 and may be required to perform remediation of the site, where necessary.
55.4.6.7.2 Within ten (10) working days of these provisions becoming effective, the Department will provide written notice to all applicants and permit holders of sites subject to these provisions. The notice will include a ninety (90) day deadline for applicants and permit holders to provide a written decision to the Planning and Building Department declaring which option has been chosen to achieve compliance with this section. Failure to provide a timely response is a violation of the ordinance and shall be grounds for permit cancellation, penalties and enforcement pursuant to Section 314-55.4.5.3.
55.4.6.7.3 Permittees must obtain approval of all plans within eighteen (18) months of receiving written notice pursuant to Section 314-55.4.6.7.2, and must complete all work within thirty-six (36) months of the effective date of these provisions.
55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) shall be equally distributed among each of the twelve (12) discrete planning watersheds of Humboldt County as directed by the Board of Supervisors by resolution.
Once the permit cap for a given watershed has been reached, no additional permit applications for open air cultivation activities will be processed until the Planning Commission and Board of Supervisors consider an analysis of the state of the watershed and approves an increase in the cap. The analysis shall include review of water flow data and applicable studies or information prepared by State and local agencies and recommendations from the following State agencies: California Department of Fish and Wildlife, North Coast Regional Water Quality Control Board, State Water Resources Control Board, and the Department of Forestry and Fire Protection.
55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. Off-site processing, enclosed nurseries and community propagation centers must meet or exceed the setbacks from sensitive receptors and all cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Sections 314-55.4.6.1.1 (AE, AG, FR, and U) and 314-55.4.6.2.1 (C-3, ML, MH, and U), as well as C-2 and MB Zones, distribution, offsite processing, enclosed nurseries, community propagation centers shall be principally permitted with a zoning clearance certificate when meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and
the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3. Cannabis support facilities may also be permitted in CH and MB Zones with a special permit, where meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate in C-2, C-3, MB, ML, MH Zones, or U (when accompanied by a commercial or industrial general plan land use designation) or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 31455.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.3 Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.8
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and comply with the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4, and 314-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 31455.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1 Within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate, but may only be conducted within a nonresidential structure which was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size, with a special permit, up to 10,000 square feet of indoor cultivation may be permitted within a new or existing commercial structure, where the building is - also approved and utilized for cannabis support facilities. All properties must meet the locational criteria of Section 314 55.4.8.1.3 (no exceptions permitted) and the structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel. The cultivation area of the indoor facility shall be included in the calculation of total cultivation area of the parcel, where determining conformance with the (parcel size-specific) cultivation acreage limits of Section 314-55.4.6.1.2.3.
55.4.8.1.2 Within those zones specified under Section 314-55.4.6.2.1 (C-3, ML, MH, and U) MN with the Indoor Cultivation Q – Qualified Combining Zone, and C-2 as part of a microbusiness provided all cannabis activities occur within a building that is two (2) stories or less in height, cultivation area is limited to two thousand five hundred (2,500) square feet, and where the cultivation and cannabis activities are in scale with the surrounding community.
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted with a zoning clearance certificate.
55.4.8.1.2.2Up to 10,000 square feet of cultivation area may be permitted with a special permit.
55.4.8.1.2.3A use permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
55.4.8.1.3 Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.
pplication shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 31455.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4 and 314-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 314-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:
55.4.8.2.1 Flammable Extraction. ¶
55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit in the MH Zone, as well as the U zoning district, when accompanied by the industrial general (IG) land use designation.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit in the C-3 and ML Zones, as well as the U zoning district, where previously developed with a lawful heavy industrial use.
55.4.8.2.1.3Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), on properties meeting the locational criteria of Section 31455.4.8.2.3.3 (no exceptions permitted) where conducted within the footprint of a nonresidential structure that was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size or on parcels with a minimum of forty (40) acres where an agricultural cooperative association is the applicant, flammable extraction may also be permitted within a new commercial structure. The structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel.
55.4.8.2.1.4All manufacturing activities involving flammable extraction must be conducted within a commercial structure. Where located within those zones specified under Sections 314-55.4.8.2.1.2 and 314-55.4.8.2.1.3, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.4.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 314-55.4.5.1.
55.4.8.2.1.4.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.4.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.4.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.
55.4.8.2.2 Nonflammable Extraction. ¶
55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be principally permitted subject to issuance of a zoning clearance certificate within the C-3, ML, and MH Zones, as well as the U zoning district, when accompanied by an industrial land use designation.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit within CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit within those zones - specified under Section 314 55.4.6.1.1 (AE, AG, FR, and U).
55.4.8.2.2.4Manufacturing activities involving nonflammable extraction may be permitted with a zoning clearance certificate in association with a cannabis cultivation permit without on-site customer traffic, subject to the eligibility criteria and siting criteria required for the cultivation, and, if located within an FP or TPZ zone, the permitted manufacturing activities must occur within existing structures. Manufacturing activities permitted pursuant to this subsection are exempt from the locational criteria established in Section 55.4.8.2.4. Manufacturing activities permitted pursuant to this subsection are limited to the use of cannabis grown on the same parcel(s) or premises.
55.4.8.2.3 Infusion. ¶
55.4.8.2.3.1Manufacturing activities involving infusion may be principally permitted subject to issuance of a zoning clearance certificate within the CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be principally permitted in all zones which permit cottage industry activities, when in compliance with all performance standards found within Section 314-45.1.3, or with a special permit pursuant to Section 314-45.1.4.
55.4.8.2.4 Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.9 Adaptive Reuse of Industrial Sites. On parcels two (2) acres or larger in size, within existing structures previously developed for a lawful heavy industrial operation, occupancy of up to one (1) acre of gross floor area may be permitted for use by commercial cannabis activities including: indoor cultivation, manufacturing, and cannabis support facilities. A zoning clearance certificate will be required for each discrete lease area. Where permitted occupancy and use of the site has reached one (1) acre, a use permit will be required to consider any further use of the site by commercial cannabis activities.
55.4.10 Other Provisions.
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
55.4.10.2 Farm-Based Retail Sales. In addition to the zones in which cannabis retail facilities may be permitted pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries, retail sales of cannabis products limited to those produced on the same parcel(s) or premises where the cannabis was cultivated, may occur as follows; provided, that the cultivator also obtains a State cannabis retail sale license, if necessary. Sales of any cannabis products not cultivated on the same parcel is prohibited, unless pursuant to a microbusiness permit and license. Sites hosting on-site customer traffic may be permitted with a conditional use permit. Sites without on-site customer traffic, where all goods are provided to customers through delivery, off-site pickup, or similar means to the extent authorized by law, may be permitted with a zoning clearance certificate. Farm-based retail sales are not permitted on any parcel zoned TPZ, or a parcel zoned U with an underlying land use designation of timberland.
55.4.10.3 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned FP or TPZ). In cases where the highest level of required permit among the proposed uses is a zoning clearance certificate, the microbusiness may be permitted with a zoning clearance certificate instead.
55.4.10.3.1 FP and TPZ Zones. Parcels zoned FP or TPZ may not host microbusinesses, except in cases fulfilling all the following requirements:
55.4.10.3.2.1All new commercial cannabis activities occur within existing structures;
55.4.10.3.2.2All cannabis product utilized on site is grown on site; and
55.4.10.3.2.3The site features no on-site customer traffic.
55.4.10.3.2Uses requiring a microbusiness permit per other sections of this code shall be presumed to require a special permit, unless otherwise stated.
55.4.10.4 Locational Criteria. Adult use retail sales, farm based retail sales with on-site customer traffic, and microbusinesses with onsite customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met. Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.
55.4.10.5 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a use permit as required by Section 314-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and city of Ferndale. Any event must be managed to ensure that (1) all cannabis vendor participants are licensed; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (3) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.6 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit; provided, that: (1) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and, (3) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.
55.4.10.7 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours. Businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate, subject to meeting the following criteria:
55.4.10.7.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.7.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.
Tour businesses not meeting the above criteria may be permitted with a special permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.
55.4.10.8 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties - in conformance with the public accommodation performance standards as specified in Section 314 60.05 (“Short-Term Rentals”).
55.4.10.9 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities. Transportation does not include warehousing or storage of cannabis.
55.4.10.10 Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
55.4.10.11 Interim Permitting of Preexisting Cultivation Sites. Where adequate evidence has been submitted demonstrating that a cultivation site existed prior to January 1, 2016, permit applications seeking authorization of commercial cannabis cultivation and ancillary activities at these sites shall be eligible to receive an interim permit, provided the application was filed prior to January 1, 2017, and has been determined to be complete for processing by the Director of the Planning and Building Department. Prior to issuance of any interim permit, the Department shall independently review evidence of prior cultivation and specify the size of preexisting cultivation area (if any) based upon aerial and satellite imagery, or other substantial evidence.
Approval of the interim permit is conditional and shall occur through issuance of a zoning clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
g clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
The interim permit authorizes the permittee to seek state licensure and continue operations until completion of the local permit review process and issuance or denial of a County permit, or January 1, 2019, whichever occurs first. The Director may extend this deadline for cause. Refusal of the Director to issue or extend an interim permit shall not entitle the applicant to a hearing or appeal of the decision. Additionally, approval of any interim permit does not obligate the County to approve a noninterim permit or extension of the interim permit. Permit cancellation and disqualification of the property from future permitting shall be decided by the Zoning Administrator or the Planning Commission at a noticed public hearing. Those decisions may be appealed to the Board of Supervisors pursuant to the appeal procedures outlined under Section 312-13 of these regulations.
55.4.11 Application Requirements for Clearances or Permits. Applications may be required to include any or all of the following information, depending on permit activities and location: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, tribal cultural resources, and historical resources; assessments of projectrelated noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a preexisting cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board.
The County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA). All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
55.4.12 Performance Standards. ¶
55.4.12.1 Performance Standards for All Commercial Cannabis Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
55.4.12.1.1 Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2 Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.
55.4.12.1.3 Where subject to State licensure, participate in local and State programs for “track and trace” once available.
55.4.12.1.4Maintain a current, valid business license at all times.
55.4.12.1.5 Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours prior notice, to be conducted by appropriate County officials during regular business hours (Monday – Friday, 9:00 a.m. – 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7 Comply with any special conditions applicable to the permit or premises which may be imposed.
55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable:
55.4.12.1.8.1 Standard 1 – Dead-End Road Length. Projects shall not be located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or secondary access for emergency vehicles and personnel, including wildland fire equipment.
Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:
55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a center-line stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or
55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of the road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County, including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.
55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.
55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s).
55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.
55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” which was adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:
55.4.12.1.8.3.1.1Impacts from point source and nonpoint source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.
55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.
55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.
55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.
55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.
55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.
55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing. ¶
55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA secretary, or similar information.
55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.
55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.
55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.
55.4.12.1.9 The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited.
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing new development activities shall provide the necessary information to implement the following mitigation measures from the final environmental impact report:
| Mitigation Measure # |
Description of Mitigation |
|---|---|
| 3.4-1a | Biological reconnaissance surveys |
| 3.4-1b | Special-status amphibian surveys and relocation/buffers |
| 3.4-1c | Westernpond turtle surveys and relocation/buffers |
| 3.4-1d | Nestingraptor surveys and relocation/buffers |
| 3.4-1e | Northern spotted owl surveys |
| 3.4-1f | Special-status nestingbird surveys/buffers |
| 3.4-1g | Marbled murrelet habitat suitabilitysurveys/buffers |
| 3.4-1i | American badger surveys and buffers |
| 3.4-1j | Fisher and Humboldt marten surveys and den site preservation/buffers |
| 3.4-1k | Bat surveyand buffers |
| 3.4-1l | Vole surveyand relocation/buffers |
| 3.4-3a | Special-statusplants surveys |
| Mitigation Measure # |
Description of Mitigation |
| --- | --- |
| 3.4-4 | Protection of sensitive natural communities, riparian habitat,wetland vegetation |
| 3.4-5 | Waters of the United States |
| 3.4-6b | Retention of Fisher and Humboldt marten habitat features |
Exception: This section shall not apply to new development activities within the footprint of existing structures or proposed on lands planned or zoned for commercial or industrial activities.
During permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required in concert with consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites that submitted for permitting prior to December 31, 2019, within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to participate in the retirement, remediation, and relocation provisions of the proposed ordinance to relocate the cannabis cultivation to outside of the northern spotted owl activity area.
55.4.12.1.11 Hazardous Material Site Assessments and Contingency Plans. Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I environmental site assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
l risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
55.4.12.1.11.1Where contamination at the project site has been verified, a hazardous materials contingency plan shall be submitted for County review and approval during permit review. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance.
55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.
55.4.12.1.11.3If at any time during construction, evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
55.4.12.1.12 Storm Water Management. Applications for cannabis activities shall include a plan detailing how storm water will be addressed for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain pre-project drainage conditions, and in particular that there will be no net increase in the volume of storm water runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.
55.4.12.1.13 Management of Waste and Hazardous Materials. ¶
55.4.12.1.13.1Applications shall include a plan for disposal of project-related waste, including: solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.)
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a materials management plan which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment.
55.4.12.1.14 Protection of Historical Resources. Applications proposing projects which include the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s professional qualification standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.
55.4.12.1.15 Inadvertent Discovery of Archaeological and Paleontological Resources. ¶
55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate tribal historic preservation officer(s), shall be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.
55.4.12.2 Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties. General standards applicable to all commercial cannabis activities:
55.4.12.2.1 All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).
55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies.
55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.
Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.
55.4.12.2.4 All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.
Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.
55.4.12.2.5 Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as a sudden, unexpected occurrence demanding immediate action.
55.4.12.2.6 Provide and maintain an approved means of sewage disposal.
55.4.12.2.7 All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8 All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday.
55.4.12.2.9This performance standard shall apply to all permittees, regardless of whether an application was submitted prior to or after December 31, 2016. Permittees shall provide and maintain security in an amount the department determines to be sufficient to
secure timely payment of annual taxes imposed by Chapter 9 of Division 1 of Title VII. Permittees shall provide and maintain such security in one (1) of the following forms:
55.4.12.2.9.1Cash, or a cash equivalent;
55.4.12.2.9.2A bond or bonds duly executed by an admitted surety insurer, as defined by Section 995.120 of the Code of Civil Procedure, payable to the County; or
55.4.12.2.9.3Written agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
ten agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
To maintain a permit or certificate, such security shall be in place by January 1st of each year that the permit or certificate is granted or prior to commencement of cultivation for permits granted after January 1st of that year. If the Planning Department does not receive the security prior to January 1st or commencement of cultivation, the permit or certificate shall be deemed to have expired.
55.4.12.3 [Reserved for Future Use] ¶
55.4.12.4 Performance Standard for Light Pollution Control.
55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded so that no light escapes between sunset and sunrise.
55.4.12.4.2Where located on a parcel abutting a residential zoning district or proposed within resource production or rural residential areas, any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.
55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 314-55.4.5.3.
55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:
55.4.12.5.1 Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2 On-site renewable energy system with twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3 Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
55.4.12.6 Performance Standard for Noise at Cultivation Sites. Noise from cultivation and related activities shall not result in an increase of more than three decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three or more property lines when all cannabis related activities are not in operation.
55.4.12.6.1In TPZ Zones and U Zones (with a general plan land use designation of timberland), the use of generators is prohibited.
55.4.12.6.2Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result.
55.4.12.6.3The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.3.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.3.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.3.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.3.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.
55.4.12.7 Performance Standards for Cannabis Irrigation. A special permit shall be required where irrigation of commercial cannabis cultivation activities occurs wholly or in part using one (1) or more diversionary sources of water. All cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
55.4.12.7.1 Documentation of Current and Projected Water Use. All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff and will be used to assist in identifying and establishing an appropriate forbearance period. At a minimum, the following items shall be included:
55.4.12.7.1.1Information identifying the cultivation season(s).
55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.
55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, showing volume in gallons.
55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.
55.4.12.7.2 Forbearance Period and Storage Requirements. ¶
55.4.12.7.2.1 Operators of cannabis cultivation site(s) shall forbear from diversions of surface water for irrigation during periods of low or reduced stream flows, in accordance with requirements of the State Water Resources Control Board.
55.4.12.7.2.2The County may require the submittal of a water management plan prepared by a qualified person such as a licensed engineer, hydrologist, or similar licensed professional, establishing a smaller or larger water storage and forbearance period, if required, based upon local site conditions.
55.4.12.7.2.3Where subject to forbearance, the applicant shall provide a plan for developing adequate on-site water storage to provide for irrigation, based on the size of the area to be cultivated.
55.4.12.7.3 Metering and Recordkeeping. ¶
55.4.12.7.3.1A metering device shall be installed and maintained on all discrete points of diversion or other locations of water withdrawal (including wells). The meter shall be located at or near the point of diversion or withdrawal.
55.4.12.7.3.2A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.3.3Operators shall maintain a weekly record of water collected from diversionary sources, as well as a record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site, and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.
55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:
55.4.12.8.1 Ponds and Reservoirs. ¶
55.4.12.8.1.1Except in limited circumstances where already permitted or existing, ponds shall be located “off-channel” from watercourses and adequately setback from streams, springs, and other hydrologic features.
55.4.12.8.1.2To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.
55.4.12.8.1.3Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from, or outlets to, a nearby stream or wetland.
55.4.12.8.1.4Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.1.5All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be
submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting time frames.
55.4.12.8.2 Bladders and Aboveground Pools, and Similar Vessels. Use of bladders, aboveground pools, and similar vessels is prohibited. Where a preexisting cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.
55.4.12.8.3 Tanks Located in Designated Flood Zones. Tanks shall be sited at least one (1) foot above the base flood elevation or wet flood proofed and anchored.
55.4.12.9 Performance Standard for Wells on Small Parcels. Cultivation site(s) located within areas planned or zoned for lot sizes of ten (10) acres or smaller where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. These tests shall be preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.
operation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.
55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.
55.4.12.11 Existing Site Reconfiguration. ¶
55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.
55.4.12.11.2A biological resource protection plan must be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within a streamside management area, sensitive plant community, or area of similar biological sensitivity.
55.4.12.11.3Any new timberland conversion proposed in association with cultivation site reconfiguration must not exceed the areas of existing conversion to be relocated.
Preexisting cultivation areas to be relocated must be restored to pre-disturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.
All relocated road segments must be fully decommissioned and restored to pre-disturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.5All remediation activities shall be performed in accordance with the remediation performance standard.
55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.
55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.
55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.
55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).
55.4.12.13 Performance Standard for Remediation Activities. All remediation activities shall be conducted in accordance with the requirements for mitigation and monitoring plans described within Section 314-61.1, including the standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations. ¶
55.4.12.14.1Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1.1Public visitation may be principally permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts or where zoned unclassified and planned for or developed with lawful commercial or industrial uses, when meeting the requirements of this section.
55.4.12.14.1.2Public visitation may be permitted with a special permit at sites located within those zones listed under Section 31455.4.6.1.1 (AE, AG, FR, and U), when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 314-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.
55.4.12.14.1.3Visitation by the general public may include tours and tour groups, farm stays, farm-based retail sales, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a conditional use permit pursuant to Section 314-62.1.
55.4.12.14.2 The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.2.1Sites located in those zones specified in Section 314-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. to 6:00 p.m.
55.4.12.14.2.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.2.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).
55.4.12.14.2.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.2.5 Road System and Driveways. ¶
55.4.12.14.2.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.12.14.2.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.2.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.
55.4.12.14.2.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.
55.4.12.14.2.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.2.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
55.4.12.14.2.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.2.6 Parking. ¶
55.4.12.14.2.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.2.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.
55.4.12.15 Performance Standards for Tour Operators and Tour Sites.
55.4.12.15.1 Tour Operators. Tour operators shall comply with all of the following measures:
55.4.12.15.1.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.1.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.
55.4.12.15.1.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.
55.4.12.15.1.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
55.4.12.15.2 Tour Site Eligibility Criteria. Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.2.1The site(s) conform with the public accommodation performance standard.
55.4.12.15.2.2Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Species Control. It is the responsibility of a certificate or permit holder to work to eradicate invasive species. As part of any application, the existence of invasive species on the project parcel need to be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required if invasive species are found to have returned.
55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:
55.4.13.1Cultivation area of three thousand (3,000) square feet or less.
55.4.13.2Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic certification standards or the substantial equivalent.
55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 314-43.2, right to farm ordinance, said statement shall include information describing the possibility of commercial cultivation of cannabis.
55.5 INDUSTRIAL HEMP LAND USE REGULATIONS ¶
55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the Inland Area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.
55.5.2 Applicability and Interpretation. ¶
55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.
55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis.
55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions” as defined in Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2593, 2/27/2018; Ord. 2599, §§ 1 – 4, 5/8/2018; Ord. 2615, § 1, 11/13/2018; Ord. 2652, § 2, 10/6/2020; Ord. 2653, § 2, 10/6/2020; Ord. 2654, § 2, 10/6/2020; Ord. 2667, § 2, 2/9/2021; Ord. 2670, § 2, 2/23/2021; Ord. 2683, §§ 2, 3, 9/21/2021; Ord. 2732, § 9, 3/5/2024; Ord. 2759, § 1, 3/18/2025; Ord. 2778, §§ 2, 3, 11/18/2025)
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55.1 INDOOR RESIDENTIAL CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ¶
55.1.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Indoor Cultivation”.
55.1.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Indoor Cultivation (“MMLUCIC” or “this Code”) is to regulate the cultivation of medical marijuana for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the residential cultivation and processing of medical marijuana for an individual patient’s use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
55.1.3 Applicability and Interpretation. ¶
55.1.3.1The indoor cultivation and processing of medical marijuana for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.
55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor residential cultivation of medical marijuana for personal use, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.
55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to the MMLUCIC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.
55.1.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.1.6 Penalties. ¶
Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable state and county laws, including the County’s medical marijuana abatement procedures as put forth in Section 314-55.2.
55.1.7 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Cultivation of Medical Marijuana for Personal Use: cultivation and processing of medical marijuana indoors in a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Detached Accessory Building - Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this Section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Personal Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s use.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
Residential Cultivation: the growing of fifty (50) square feet or less that is ten (10) feet or less in height of medical marijuana indoors within a residence or detached accessory structure, as defined herein. Such cultivation shall be for a qualified patient’s personal use and must be subordinate, incidental, and accessory to the residential use.
55.1.8 Indoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s indoor residential cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor residential medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Medical marijuana cultivation in a residence shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Medical marijuana cultivation in detached accessory buildings shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.3A total of fifty (50) square feet of indoor medical marijuana cultivation for personal use, which does not exceed ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than fifty (50) square feet or more than ten (10) feet in height of medical marijuana cultivation area per residence on the parcel, regardless of the number of qualified patients or primary caregivers residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The medical marijuana cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, posted with a legible copy of the individual patient’s medical marijuana recommendation, secured against unauthorized entry, and maintained for the exclusive use of the qualified patient; and
55.1.8.5Grow lights for medical marijuana cultivation for personal use in a residence or a detached accessory building shall not exceed 1200 watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of medical marijuana in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the residential cultivation of medical marijuana is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor medical marijuana cultivation or processing in a residence or a detached accessory building is prohibited; and
55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of medical marijuana in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
55.1.8.9On parcels that contain more than one residence, no odor of medical marijuana shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one residence, no odor of medical marijuana shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the medical marijuana cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of marijuana from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and
55.1.8.10From a public right of way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor medical marijuana cultivation at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Medical marijuana cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a Cottage Industry or a Home Occupation, and are not eligible for an address of convenience; and
55.1.8.12No sale, trading, or dispensing of medical marijuana is allowed on a parcel where residential cultivation of medical marijuana occurs; and
55.1.8.13The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where medical marijuana is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for medical marijuana cultivation; and
55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor residential cultivation of medical marijuana; and
55.1.8.16The indoor residential cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
55.1.8.17The indoor residential cultivation of medical marijuana must comply with all applicable state and county laws, including fire and building codes.
55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.
55.1.8.19Outdoor cultivation, as described in Section 314-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein. (Ord. 2468, Section 2, 12/13/2011; Ord. 2523, Section 3, 10/28/2014)
55.2 OUTDOOR CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ON SMALL PARCELS
55.2.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation”.
55.2.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation (“MMLUCSPOC” or “this Code”) is to establish reasonable regulations governing the outdoor cultivation of medical marijuana for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of medical marijuana for an individual patient’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
55.2.3 Applicability and Interpretation. ¶
55.2.3.1The outdoor cultivation and processing of medical marijuana on parcels five (5) acres or less in size within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.
55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt any outdoor cultivation activities on parcels five (5) acres or less in size, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to the MMLUCSPOC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.
55.2.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the attorney General of the State of California, or the Attorney General of the United States of America.
55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Acre: means 43,560 square feet. See also the definition of “Lot Size” found under Section 314-147 of the code.
Canopy: means the area, in square feet, of vegetative growth, of a marijuana plant including starts. Area shall be calculated using the following formula: Diameter of Plant squared, and then multiplied by the conversion factor (π/4). For example, if the diameter of one (1) plant is equal to 30 inches (2.5 feet), the canopy would equal 4.9 square feet [2.5 feet² x 0.7854].
Cultivation: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more marijuana plants or any part thereof in any outdoor location.
Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.
Indoor Cultivation of Medical Marijuana: cultivation and processing of medical marijuana inside a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Marijuana Plant: means any mature or immature male or female marijuana plant, or any marijuana seedling, unless otherwise specifically provided herein.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this Section.
Personal Use Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s exclusive use.
Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.
Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
alified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, section 1238, to receive school buses, as defined in California Vehicle Code section 233, or school pupil activity buses, as defined in Vehicle Code section 546.
Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.
55.2.7 Outdoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s outdoor cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, outdoor medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 314-147 of the code.
55.2.7.2It shall not be deemed a nuisance per se for a qualified patient to cultivate medical marijuana outdoors for personal use as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:
55.2.7.2.1On parcels one (1) acre or smaller in size, the total plant canopy of the medical marijuana cultivated outdoors may not exceed one hundred (100) square feet in size, nor may cultivation occur within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre and up to five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed two hundred (200) square feet in size, and on parcels larger than five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
han five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
55.2.7.2.3No outdoor cultivation may occur within 600 feet of any School, School Bus Stop, Public Park, Place of Religious Worship, or Traditional Native American Cultural Site, so long as these uses existed prior to the outdoor cultivation of medical marijuana in compliance with this Code; and
55.2.7.2.4Indoor medical marijuana cultivation may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and
55.2.7.2.6Cultivation within a greenhouse or “hoophouse” shall be deemed outdoor cultivation and subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks.
55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor residential cultivation of medical marijuana; and
55.2.7.2.8The outdoor cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of medical marijuana pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a Lake and Streambed Alteration Agreement is necessary. If such an Agreement is required, the water use must comply with all of its terms.
55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of medical marijuana for personal use may only occur by a qualified patient who occupies a permitted residence located on the same property that is host to the cultivation activities. If the qualified patient is not the owner of the property, the occupant must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent.
55.2.8 Nuisance Declared; Specialized Abatement Process; Enforcement.
55.2.8.1Any violation of this Section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law, including the specialized abatement process as provided for in this Code.
55.2.8.2 Notice to Abate Unlawful Marijuana Cultivation. Whenever an Enforcing Officer determines that a public nuisance as described in this Code exists on any property within the unincorporated area of Humboldt County he or she is authorized to notify the owner and/or occupant(s) of the premises through issuance of a ”Notice and Order to Abate Unlawful Marijuana Cultivation”.
55.2.8.2.1 Contents of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” shall be in writing and shall include the following:
55.2.8.2.1.1Name of the owner(s) of the property upon which the nuisance exists, as listed in the records of the county assessor, and any occupant(s) shall also be identified, if known; and
55.2.8.2.1.2A description of the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property and/or identification of such property by reference to the assessor’s parcel number; and
55.2.8.2.1.3A statement that medical marijuana cultivation in violation of this Section exists on the property and therefore such cultivation is a public nuisance per se.
55.2.8.2.1.4A description of the medical marijuana cultivation in violation of this Section that exists on the property and the actions required to abate it.
55.2.8.2.1.5A statement that the owner and/or occupant is required to abate the identified violations of this Code within fourteen (14) calendar days after the date that said Notice was served.
55.2.8.2.1.6A statement that the owner and/or occupant may, within ten (10) calendar days after the date that said Notice was served, make a request in writing to the Clerk of the Board of Supervisors for a hearing to appeal the determination of the Enforcing Officer that the conditions existing constitute a public nuisance, or to show other cause why those conditions should not be abated in accordance with the provisions of this Section.
55.2.8.2.1.7A statement that, unless the owner and/or occupant abates the unlawful marijuana cultivation, or requests a hearing before the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
efore the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
55.2.8.3 Service of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” (“Notice and Order”) shall be served by delivering it personally to the owner and/or to the occupant, or by mailing it by regular United States mail, together with a certificate of mailing, to the owner and/or occupant of the property at the address thereof, and to any non-occupying owner at his or her address as it appears on the last equalized assessment roll and by posting a copy of the Notice and Order on the real property upon which the nuisance exists as follows: copies of the Notice and Order shall be posted along the frontage of the subject property and at such other locations on the property reasonably likely to provide notice to the owner. In no event shall fewer than two (2) copies of the Notice and Order be posted on a property pursuant to this section.
55.2.8.3.1The date of service is deemed to be the date of deposit in the mail, personal delivery, or posting, as applicable.
55.2.8.4 Administrative Review. ¶
55.2.8.4.1Any person upon whom a Notice and Order to Abate Unlawful Marijuana Cultivation has been served may appeal the determination of the Enforcing Officer that the conditions set forth in the Notice and Order constitute a public nuisance to the Board of Supervisors, or may show cause before the Board of Supervisors why those conditions should not be abated in accordance with the provisions of this Section. Any such administrative review shall be commenced by filing a written request for a hearing with the Clerk of the Board of Supervisors within ten (10) calendar days after the date that said Notice and Order was served. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing such a written request shall be deemed jurisdictional and may not be waived. In the absence of a timely filed written request that complies fully with the requirements of this Section, the findings of the Enforcing Officer contained in the Notice and Order shall become final and conclusive on the eleventh day following service of the Notice and Order.
55.2.8.4.2Upon timely receipt of a written request for hearing which complies with the requirements of this Section, the Clerk of the Board of Supervisors shall set a hearing date not less than seven (7) days or more than thirty (30) days from the date the request was filed. The Clerk shall send written notice of the hearing date to the requesting party, to any other parties upon whom the Notice and Order was served, and to the Enforcing Officer.
55.2.8.4.3Any hearing conducted pursuant to this Section need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The Board of Supervisors has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
55.2.8.4.4The Board of Supervisors may continue the administrative hearing from time to time.
55.2.8.4.5The Board of Supervisors shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the Notice and Order. The Board of Supervisors shall issue a written decision in the form of a resolution, which shall include findings relating to the existence or nonexistence of the nuisance, as well as findings concerning the propriety and means of abatement of the nuisance conditions set forth in the Notice and Order. Such decision shall be mailed to the party requesting the hearing, any other parties upon whom the Notice and Order was served, and the Enforcing Officer.
55.2.8.4.6The decision of the Board of Supervisors shall be final and conclusive on the date it is made.
55.2.8.5 Liability for Costs. ¶
55.2.8.5.1In any enforcement action brought pursuant to this Section, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful marijuana cultivation to exist shall be liable for all costs incurred by the County, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this Section, whether those costs are incurred prior to, during, or following enactment of this Section.
55.2.8.5.2In any action by the Enforcing Officer to abate unlawful marijuana cultivation under this Section, whether by administrative proceedings or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney’s fees incurred. Recovery of attorneys’ fees under this Code shall be limited to those actions or proceedings in which the County elects, at the initiation of that action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the County in the action or proceeding.
55.2.8.6 Abatement by Owner or Occupant. Any owner or occupant may abate the unlawful marijuana cultivation or cause it to be abated at any time prior to commencement of abatement by the enforcing officer.
55.2.8.7 Enforcement. Whenever the Enforcing Officer becomes aware that an owner or occupant has failed to abate any unlawful marijuana cultivation within fourteen (14) days of the date of service of the Notice and Order, unless timely appealed, or of the date of the decision of the Board of Supervisors requiring such abatement, the Enforcing Officer may take one (1) or more of the following actions:
55.2.8.7.1Enter upon the property and abate the nuisance. The Enforcing Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the abatement work, if necessary; and/or
55.2.8.7.2Request that the County Counsel commence a civil action to redress, enjoin, and abate the public nuisance.
55.2.8.8 Accounting. The Enforcing Officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the Board of Supervisors showing the cost of abatement and the administrative costs for each parcel.
55.2.8.9 Notice of Hearing on Accounting; Waiver by Payment. Upon receipt of the account of the Enforcing Officer, the Clerk of the Board of Supervisors shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time not less than five (5) business days after the date of mailing of the notice, the Board of Supervisors will meet to review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the Enforcing Officer prior to the time set for the hearing by the Board of Supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable.
55.2.8.10 Hearing on Accounting. ¶
55.2.8.10.1At the time fixed, the Board of Supervisors shall meet to review the report on the accounting by the Enforcing Officer. An owner may appear at said time and be heard on whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner, is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed.
55.2.8.10.2The report and the accounting of the Enforcing Officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.
55.2.8.10.3 Modifications. The Board of Supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.
55.2.8.10.4 Special Assessment and Lien. The Board of Supervisors may order that the cost of abating nuisances pursuant to this Section and the administrative costs as confirmed by the Board be placed upon the County tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The Board of Supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code.
55.2.8.11 Enforcement by Civil Action. As an alternative to the procedures set forth in this Section the County may abate the violation of this Section by the prosecution of a civil action through the Office of the County Counsel, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this Section or requiring compliance with other terms.
55.2.8.12 No Duty to Enforce. Nothing in this Section shall be construed as imposing on the enforcing officer or the County of Humboldt any duty to issue an Notice and Order, nor to abate any unlawful marijuana cultivation, nor to take any other action with regard to any unlawful marijuana cultivation, and neither the enforcing officer nor the County of Humboldt shall be held liable for
failure to issue an order to abate any unlawful marijuana cultivation, nor for failure to abate any unlawful marijuana cultivation, nor for failure to take any other action with regard to any unlawful marijuana cultivation.
55.2.8.13 Remedies Cumulative. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. Nothing in this Section shall be deemed to authorize or permit any activity that violates any provision of state or federal law.
55.2.8.14 Other Nuisance. Nothing in this Section shall be construed as a limitation on the County’s authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building.
55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship.
55.2.9.1 Low Odor Strains. To alleviate the potential the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.
55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.
55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.
55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near medical marijuana or the area where medical marijuana is being cultivated. Grow, process, and store medical marijuana in as “organic” and safe a fashion as possible to reduce potential adverse effects during use by medical patients who are ill and may have compromised immune systems.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices –Northern California Farmer’s Guide. (Ord. 2523, Section 4, 10/28/2014)
55.3 MEDICAL CANNABIS DISPENSARIES ¶
55.3.1 Authority and Title. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.2 Purpose and Intent. The purpose of this Section is to minimize the negative land use impacts that can be associated with the dispensing of medical cannabis by a Dispensary, as defined herein, to a qualified patient and to facilitate local implementation of the California Medical Cannabis Regulation and Safety Act (“MCRSA”).
55.3.2.1The further purpose of this Section is to minimize the negative land use impacts that can be associated with the sale or testing of cannabis to adults twenty-one (21) years of age or older and to facilitate the local implementation of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) (SB 94), and as it may subsequently be amended. (Ord. 2588, Section 3, 11/14/2017)
55.3.3 Applicability and Interpretation. ¶
55.3.3.1These regulations shall apply to the locating and permitting of medical cannabis Dispensaries in zoning districts which authorize this use, as specified under Section 55.3.8.2 of this Code.
55.3.3.2The distribution of medical cannabis by medical cannabis Dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.
55.3.3.3All distribution of medical cannabis by medical cannabis Dispensaries, as defined herein, regardless of whether the use was previously approved by the Humboldt County Planning Commission or the Humboldt County Board of Supervisors, shall come into full compliance with these regulations within one (1) year of the adoption of the ordinance establishing this Code.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of medical cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, or compliance with the MCRSA and any other applicable state laws.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to exempt medical cannabis Dispensaries as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
55.3.3.6Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting medical cannabis Dispensaries.
55.3.3.7The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Humboldt County Code section 314-135 et seq. and section 111-1 et seq. may also apply to this Code.
55.3.3.8Adult Use Retail Sales facilities are a conditionally permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)
permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)
55.3.3.9Permits issued for Medical Cannabis Dispensaries pursuant to Section 314-55.3 as set forth in Ordinance No. 2554 shall remain valid, and shall be governed by the terms and conditions of the approved permit, including those limiting distribution and sales to qualified patients with a recommendation from a licensed California physician, consistent with state provisions for medicinal use. Any Dispensary operating under a local permit approved prior to the effective date of the ordinance adding section 55.3.3.8 may seek a modification of the permit to authorize the sale of cannabis to an adult twenty-one (21) years of age or older who is not a qualified patient with a physician recommendation. Modification of the permit may be authorized as provided under section 312-11 of these regulations. Approval of the modification must be made by the Planning Commission or Zoning Administrator, at a public hearing for which notice has been provided pursuant to section 312-8. Holders of such permits may apply for state licenses for either medicinal or adult use retail sale license categories, or any combination thereof as may be permitted under state statute and regulations. (Ord. 2588, Section 4, 11/14/2017)
55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for medical cannabis Dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of medical cannabis Dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of medical cannabis.
55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable state and county laws.
55.3.7Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.8 General Provisions. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.8.1All medical cannabis Dispensaries shall operate in compliance with this Code, the MCRSA, and all other applicable state and local laws.
55.3.8.2Medical cannabis Dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit issued pursuant to Section 312-3.1 of the code. Zoning districts where a Dispensary may be located are C-1, C-2, C-3, MB, ML, MH.
55.3.8.3The fact that applicants possess other types of state or county or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a conditional use permit from the County of Humboldt to operate a Dispensary within the jurisdiction of the County.
55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure the safety of patients and staff; to ensure the security of the medical cannabis; and to safeguard against the diversion of medical cannabis for non-medical purposes.
55.3.9 Medical Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a medical cannabis Dispensary:
55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
55.3.9.2The Planning Commission shall specifically regulate the location of medical cannabis Dispensaries by considering the potential impacts and cumulative impacts of proposed medical cannabis Dispensaries to the community area as a whole and specifically on the following existing uses located within a 600 foot radius of a proposed Dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit for any proposed medical cannabis Dispensary within 600 feet of the following uses if the Commission determines that the impacts of a proposed Dispensary have the potential to be significant on the following uses:
55.3.9.2.1Residential neighborhoods and their inhabitants;
55.3.9.2.2Church, as defined herein;
55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
55.3.9.2.4Residential treatment facilities, as defined herein; and
55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a 600 foot radius of the proposed new facility.
55.3.9.3No medical cannabis Dispensaries, operators, establishments, or providers who possess, cultivate, or distribute medical cannabis shall be located within a 600-foot radius of a school [Health & Safety Code section 11362.768 (b)]. This distance shall be measured in a straight line from the property line of the school to the property line of the medical cannabis dispensing facility, operator, establishment, or provider.
55.3.9.4Submission of an Operations Manual and compliance with the Operating Standards, pursuant to sections 55.3.10 and 55.3.11 of this Code.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit, medical cannabis Dispensaries shall submit to the Planning Commission an Operations Manual which provides for the following:
55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit application, the Operations Manual, and the Operating Standards at any time before or after the conditional use permit is issued; and
55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and
55.3.10.3The hours and days of the week when the Dispensary will be open; and
55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a 600 foot radius; and
55.3.10.5A description of the security measures located on the premises, including but not limited to, lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients and secure the medical cannabis against diversion for non-medical purposes; and
55.3.10.6A description of the screening, registration and validation process and procedures for qualified patients and primary caregivers; and
55.3.10.7A description of qualified patient records acquisition and retention procedures and policies; and
55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of medical cannabis that come in and go out of the Dispensary; and
55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and
55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and
55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all medical cannabis distributed; and
55.3.10.12The procedure and documentation process for determining patient dosage, including any testing for the major active agents in medical cannabis offered to qualified patients, such as cannabinoids tetrahydrocannabinol (THC), Cannabidiol (CBD), and Cannabinol (CBN); and
55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and
55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, medical cannabis Dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as medical cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Medical cannabis delivery services shall only operate from a “store-front” Dispensary in a commercial or industrial zone with an approved conditional use permit; and
55.3.11.2Medical cannabis Dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and
55.3.11.3No dispensing of medical cannabis to an individual qualified patient shall be permitted more than twice a day; and
55.3.11.4The hours of operation of medical cannabis Dispensaries shall be no earlier than 6:00 a.m. and no later than 10:00 p.m.; and
55.3.11.5Medical cannabis Dispensaries shall only provide medical cannabis to an individual qualified patient who has a valid, verified physician’s recommendation issued in the State of California. Dispensaries shall verify on an annual basis, or more frequently if required by the State of California, that the physician’s recommendations of their clients are current and valid; and
55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the Dispensary. A copy of the client rules and/or regulations shall be provided to the qualified patient by a medical cannabis delivery service; and
55.3.11.7Repealed by Ord. 2599, § 2, 5/8/2018.
55.3.11.8Each building entrance to a medical cannabis Dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
55.3.11.9No medical cannabis Dispensary or delivery service shall provide medical cannabis to any qualified patient or holder of a medical cannabis recommendation who is under 18 unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of medical cannabis; and
55.3.11.10All medical cannabis Dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
55.3.11.11All medical cannabis dispensed by Dispensaries must be obtained in accordance with the MCRSA and other applicable state and local laws; and
55.3.11.12Dispensaries must comply with sections 313-87.3 and 314-87.2 of the County Zoning Regulations; and
55.3.11.13An up-to-date inventory of all hazardous materials stored and used onsite shall be maintained on the premises of the Dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.14Medical cannabis Dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
55.3.11.15Medical cannabis Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual or in the Operating Standards must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change; and
55.3.11.16Medical cannabis Dispensaries shall comply with any and all conditions of their conditional use permit.
55.3.11.17The operator shall provide information to all employees about the potential health impacts of cannabis use on children. Information shall be provided by posting the brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card.” This information shall also be provided to all employees as part of the employee orientation.
55.3.11.18The brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card” shall be printed and made available to all customers where transactions are completed.
55.3.11.19Prior to operation, the operator shall work with the Department of Health and Human Services to provide signage notifying customers of the potential health effects of cannabis consumption during pregnancy and upon nursing children.
55.3.12Performance Review Reports
55.3.12.1Medical cannabis Dispensaries shall submit a “Performance Review Report” on an annual basis from their initial date of operation for review and approval by the Planning Commission. The Planning Commission may delegate review of the annual Performance Review Report to the Zoning Administrator at the time of the initial hearing or at any time thereafter. This annual “Performance Review Report” is intended to identify the effectiveness of the approved conditional use permit, Operations Manual, Operating Standards, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
55.3.12.2Medical cannabis Dispensaries shall be inspected by the Humboldt County Sheriff or his/her designee, and/or employees of the Humboldt County Planning and Building Department and/or the Code Enforcement Investigator on an annual basis, or more frequently as requested by the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1) to
determine if the Dispensary is in compliance with its conditional use permit, Operating Standards, and Operations Manual. After payment of the inspection fees as indicated in the following section, a copy of the results from this inspection shall be given to the Dispensary for inclusion in their “Performance Review Report” to the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1).
55.3.12.3Inspection and review fees pursuant to the County’s adopted schedule of fees and charges, as amended from time to time by the Board of Supervisors, shall be paid by medical cannabis Dispensaries and accompany the “Performance Review Report” for costs associated with the inspection and the review of the report by County staff.
55.3.12.4Non-compliance by medical cannabis Dispensaries in allowing the inspection by the above-mentioned County personnel, or refusal to pay the required fees, or non-compliance in submitting the annual “Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the conditional use permit and/ or subject the holder of the permit to the penalties outlined in this Code, above.
55.3.13Permit Revocation & Transfer
- 55.3.13.1A conditional use permit shall be revoked or modified according to Humboldt County Code Section 312 14 (Revocation Procedures). Permit revocation or modification shall be sought for non-compliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.
55.3.14.1Conditional use permits to operate a medical cannabis Dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.15Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.16 Medical Cannabis Business Offices. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE OF CANNABIS LAND USE REGULATION FOR THE INLAND AREA
55.4.1 Authority and Title. This section shall be known as the commercial cannabis land use ordinance (CCLUO), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Inland Area of the County of Humboldt.
55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment, increases public awareness, and community health and safety while creating a clear and attainable path for operators to follow and authorities to enforce.
These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of Section 313-55.1, 314-55.1, 313-55.2, or 314-55.2 concerning cultivation of medical marijuana for personal use by patients or caregivers, or contravene the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twenty-one (21) years of age or older.
55.4.3 Applicability and Interpretation. ¶
55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt outside of the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. Applications for commercial cannabis activity land use permits filed on or before December 31, 2016, shall be governed by the regulations in effect at the time of their submittal, except as follows and is otherwise prescribed herein. Zoning clearance certificate applications for open air cultivation filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.7 below. Zoning clearance certificate applications for retirement, remediation and relocation sites filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.5.9.4 below.
55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area regulations as well as other applicable provisions of the County Code.
55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis, from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.
55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 314-135 et seq. and Section 111-1 et seq. may also apply to this section.
55.4.3.5 A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCLUO for any commercial cannabis activity regulated by this section or Section 314-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.
55.4.3.6 Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”
55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.
55.4.3.8 Zoning clearance certificates and permits issued for commercial cannabis activities pursuant to the commercial medical marijuana land use ordinance (CMMLUO) as set forth in this section shall remain valid, and shall be governed by the terms and conditions of this section until such time as the permit is modified. Holders of such permits may apply for State licenses for either medicinal or adult use license categories, or any combination thereof as may be permitted under State statute and regulations.
55.4.3.9 Notwithstanding the provisions of the right to farm ordinance, Section 314-43.2.6, the commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the general agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.10 Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any zoning district other than those zoning districts where it is expressly permitted.
55.4.3.11 The fact that an applicant possesses other types of State, County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.12 No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, or use permit required under this section.
55.4.3.13 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.4.4 Definitions. ¶
“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.
“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.
“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.
“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
“Captured rainfall” means catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.
“Category 4 roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Division 2 of this title.
“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.
“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.
“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.
“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”
“Cultivation site” means the location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.
“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from aboveground irrigation.
“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light, or indoor.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.
“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method to make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.
“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.
“Forbearance period” means the calendar days during which water may not be diverted from a water body. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Homesite area” means the land up to two (2) acres immediately surrounding a house or dwelling, including any closely associated buildings and structures, garden, storage, driveway and parking areas, but excluding any associated “open fields beyond,” and also excluding any closely associated buildings, structures, or divisions that contain the separate activities of their own respective occupants with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated.
“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.
“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.
“Irrigation” means use of water by any commercial cannabis cultivation activity.
“Licensee” means a person issued a State license to engage in commercial cannabis activity.
“Local water source” means water withdrawal from a water body occurring on the same parcel(s) or premises, or in their vicinity.
“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.
“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than 10,000 square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.
“Nondiversionary water source” means not involving the withdrawal of water from a water body.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a conversion of timberland, conducted prior to January 1, 2016.
“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.
“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.
“Outdoor” means outdoor cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 314-147.
“Permaculture” means a set of design principles centered on whole systems thinking, simulating, or directly utilizing the patterns and resilient features observed in natural ecosystems. Commonly associated with permaculture include agro-forestry, swales, contour plantings, soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder. “Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or group holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument shall not be considered a “person” for purposes of this section.
“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence. The maximum cultivation area that may be recognized is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above.
“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.
“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.
“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.
“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”
“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community service districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic.
“Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.
“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.
“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from one hundred percent (100%) renewable source.
“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. Retailer shall include medical cannabis dispensaries, as defined in and regulated by Section 314-55.3.
“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.
“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.
“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.
“Slope” means natural grade as defined in Section 314-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to MAUCRSA.
“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.
“Timberland” means land, which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.
“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the tribal council or equivalent body.
“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by nontribal members.
“Water body” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Water body” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.
55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits. ¶
55.4.5.1 Special Area Provisions. ¶
55.4.5.1.1 No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2 No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3 A special permit shall be required for any commercial cannabis activity in a TPZ zoning district, when authorized pursuant to Section 314-55.4.6.5 (preexisting cultivation sites).
55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.
55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the community planning areas (CPAs) identified herein. For purposes of determining the Trinidad planning area, the Trinidad general plan shall be utilized.
55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 314-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.
The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.
55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. ¶
The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their tribal historic preservation officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).
55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, or use permit for commercial cannabis activity, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.
55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.
Any violation of this section, including, but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of this title.
Whenever permit applicants seeking permits for new commercial activities initiate operations ahead of permit issuance or preexisting cultivation site operators seeking permits expand cultivation operations ahead of permit issuance the Director shall have discretion to:
55.4.5.3.1 Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;
55.4.5.3.2 Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings; or
55.4.5.3.3 Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1 No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 31455.4.6.1.2.3.
55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable clearance or permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to five thousand (5,000) square feet may be permitted on a parcel of between five (5) and ten (10) acres with a zoning clearance certificate per Section 314-55.4.6.1.2.1.1).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Any commercial cannabis activity zoning clearance certificate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
ate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
55.4.5.7 Annual Inspections. If the Inspector or other County official determines that the site does not comply with the conditions of approval, the Inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed. Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed time frames, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the Inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.
55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.
55.4.5.8.2 The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.
55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the
commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.
55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries shall be principally permitted with a zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified:
55.4.6.1 Eligibility Criteria – Resource Production and Residential Areas.
55.4.6.1.1 Zoning. AE, AG, FR, and U when accompanied by a resource production general plan land use designation (not including timberland) or residential land use designation requiring parcel sizes of more than five (5) acres.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area.
55.4.6.1.2.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.1.2.1.1Cultivation is located within the homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.1.2.1.2The property is owner-occupied; and
55.4.6.1.2.1.3Water source for irrigation is permitted and non-diversionary; and
55.4.6.1.2.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.1.2.1.5Permaculture is practiced; and
55.4.6.1.2.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.1.2.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.1.2.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.1.2.2Five (5) acre minimum parcel size, on parcels between five (5) and ten (10) acres in size:
55.4.6.1.2.2.1Up to five thousand (5,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.2.2Up to ten thousand (10,000) square feet of cultivation area with a special permit.
55.4.6.1.2.3On parcels ten (10) acres or larger in size:
55.4.6.1.2.3.1Up to ten thousand (10,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.3.2Up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a special permit.
55.4.6.1.2.4On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit; up to a maximum of eight (8) acres can be permitted. All cultivation areas must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas.
55.4.6.2.1 Zoning. C-3, ML, MH, and U when accompanied by a commercial or industrial general plan land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.
55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a zoning clearance certificate.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse.
55.4.6.3 Eligibility Criteria – All Areas. ¶
55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use.
55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier. Water from on-site greywater systems is also authorized for year-round use. Dry farmed outdoor or mixed-light cultivation sites may utilize irrigation from diversionary sources for propagation areas and transplantation. Irrigation water sourced from diversionary sources may be permitted with a special permit pursuant to the streamside management area ordinance, Section 314-61.1, and subject to the performance standards for diversionary water use.
55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 314-55.4.12.1.8.
55.4.6.4 Siting Criteria – All Areas. ¶
55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less.
55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016.
55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited. Exceptions to the in native soil planting requirement may be considered with a use permit. Where an exception is sought, the use permit application shall include evidence demonstrating that in the circumstances of the particular cultivation site, it is better to not plant within the native soils. An exception shall only be approved if it can be demonstrated that the native soil will not be impaired or damaged.
55.4.6.4.4 Setbacks. ¶
55.4.6.4.4.1 Standard Setbacks. Cultivation site(s) must observe all of the following setbacks:
55.4.6.4.4.1.1 Property Lines. Thirty (30) feet from any property line. ¶
55.4.6.4.4.1.2 Residences and Undeveloped Parcels. Three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.
55.4.6.4.4.1.3 Sensitive Receptors. Six hundred (600) feet from a church or other place of religious worship, public park, tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.
55.4.6.4.4.1.4 Tribal Ceremonial Sites. One thousand (1,000) feet from all tribal ceremonial sites.
55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet may be allowed with a special permit; provided, that advance notice is given to the person or agency responsible for managing or supervising the management of those lands. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.
55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.
55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.
55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including surface water diversions, agricultural wells, and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting streamside
management areas (SMAs) or other wet areas, as identified and described under Section 314-61.1. Under certain circumstances, a special permit may be required.
55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 314-55.4.5.1.4 are subject to the following enhanced setbacks, unless confined within enclosed structures:
55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area;
55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.
55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 314-55.4.6.4.4.2.1 and 314-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of this section are not applicable to any commercial cannabis activities conducted on a parcel zoned MH or lands planned for General Industrial uses (IG).
55.4.6.5 Accommodations for Pre-Existing Cultivation Sites. As set forth in the following subsections, pre-existing cultivation sites that meet all other eligibility and siting criteria and performance standards may be permitted within AE, AG, RA, FR, FP, TPZ, and U zoning districts, where accompanied by a resource production general plan land use designation or residential land use designation requiring parcel sizes of more than five (5) acres. Expansion of pre-existing cultivation sites is prohibited where located within TPZ Zones or U Zones where the general plan land use designation is “timberland.” For other areas, where the size of a pre-existing cultivation site is smaller than the allowed cultivation area which can be permitted, the site may be expanded to the maximum allowed for the applicable parcel size and permit type within existing nonforested areas with slopes of fifteen percent (15%) or less.
Permit applications for pre-existing cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.
Except as stated below, applications for pre-existing cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of the documented pre-existing cultivation area and applications for pre-existing cultivation submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area. No new applications for pre-existing cultivation sites shall be accepted after December 31, 2019, except applications for cultivation sites of two thousand (2,000) square feet or less pursuant to Section 55.4.6.5.1.1: (a) may be submitted after December 31, 2019; and (b) may be permitted for one hundred percent (100%) of the documented pre-existing cultivation area up to two thousand (2,000) square feet.
55.4.6.5.1 Small Cultivation Sites. ¶
55.4.6.5.1.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1On parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1.1Cultivation is located within the two (2) acre homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.5.1.1.1.2The property is owner-occupied; and
55.4.6.5.1.1.1.3Water source for irrigation is permitted and nondiversionary; and
55.4.6.5.1.1.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.5.1.1.1.5Permaculture is practiced; and
55.4.6.5.1.1.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.5.1.1.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.5.1.1.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.5.1.2On parcels five (5) acres or larger in size, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a zoning clearance certificate, subject to the following additional requirements and allowances:
55.4.6.5.1.2.1The operator’s principal residence is located on the same parcel and the residence was in existence before January 1, 2016.
55.4.6.5.1.2.2Not more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.2.3The road systems performance standards in Section 55.4.12.1.8.1 shall not apply.
55.4.6.5.1.2.4The road systems performance standards in Sections 55.4.12.1.8.3 and 55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.2.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 55.4.12.1.8.4.1, and submit a report prepared pursuant to Section 55.4.12.1.8.3.2, unless one (1) has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.2.4.2Improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.
55.4.6.5.1.2.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.
55.4.6.5.2On an AE-zoned parcel less than one (1) acre in size, up to two thousand five hundred (2,500) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.3On parcels between one (1) acre and five (5) acres in size, up to three thousand (3,000) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.4 A cultivation site located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a special permit.
55.4.6.5.5 In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit, subject to all applicable performance standards.
55.4.6.5.6 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation. In TPZ Zones and U Zones (with a land use designation of timberland) the use of generators and mixed-light cultivation is prohibited. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.
55.4.6.5.6.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.6.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:
55.4.6.5.6.2.1Keeping of ancillary mother plants off-site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.
55.4.6.5.6.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.6.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.
55.4.6.5.7 Provisional Permitting. An application for a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and
Building Department within one (1) year of issuance of the provisional clearance or permit. All violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event no more than two (2) years after the date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall then act as Hearing Officer.
As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.
55.4.6.5.8 Myers Flat Community Area. In the Myers Flat Community Area, on any sized parcel, the cultivation area of a preexisting site may be permitted with a special permit, up to a maximum of three thousand (3,000) square feet. Expansion is prohibited on parcels less than one (1) acre in size. The cultivation area setback requirement specified in Section 314-55.4.6.4.4.1.1 shall be reduced to the setbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
etbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
55.4.6.5.9 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:
55.4.6.5.9.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that were in operation at any time between January 1, 2006, and January 1, 2016, and are located in TPZ, RA, U, AG, FR or AE Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 314-55.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.
55.4.6.5.9.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting the eligibility criteria specified in Section 314-55.4.6.1 or 314-55.4.6.2 and the siting criteria specified in Sections 314-55.4.6.4 through 314-55.4.6.8, as well as all applicable performance standards specified in Section 314-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 314-55.4.5.1.4. Applications for RRR sites shall not be accepted after December 31, 2018.
55.4.6.5.9.3Operators of RRR sites shall be eligible to receive a zoning clearance certificate or special permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.
s on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.
55.4.6.5.9.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k). Up to two (2) RRR site zoning clearance certificates may be granted on relocation site parcels of ten (10) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation zoning clearance certificates issued for that parcel does not exceed twenty percent (20%) of the area of the relocation site parcel. With a special permit, more than two (2) RRR sites may be located on relocation site parcels of ten (10) acres or larger provided the cumulative total cultivation area for all commercial cannabis cultivation does not exceed twenty percent (20%) of the area of the relocation site parcel. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
l soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
55.4.6.5.9.5In order to receive the benefits specified in Section 314-55.4.6.5.9.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard for remediation activities. The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so. The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt, shall on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.
55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis activities, including but not limited to bags, pots or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis and cannabis waste products, imported soil and soil
amendments not incorporated into native soil, generators, pumps, and structures not associated with noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.
For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 314-55.4.5.3 and Chapter 1 of Division 5 of this title.
55.4.6.7 Zoning Clearance Certificates for Open Air Cultivation Submitted under Prior Ordinance – Provisions for Neighborhood Compatibility. Where located in or within one thousand (1,000) feet of any incorporated city, sphere of influence (SOI) of any incorporated city, tribal lands, or within any of the following mapped community planning areas: Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek, zoning clearance certificate applications submitted prior to January 1, 2017, shall be subject to compliance with the following provisions, which are designed to ensure compatibility with surrounding land uses and control of potential nuisance, and are hereby retroactively applicable. For purposes of determining the Trinidad planning area, the city of Trinidad general plan shall be utilized.
55.4.6.7.1 Where there is no public controversy associated with an application, within three (3) months of effective date of this ordinance, the applicant may request the pending permit application or approved permit be considered or reconsidered as a special permit. If following appropriate public notice, there is no opposition to the special permit, the permit may be approved. In situations where there is public controversy, applicants and operators must choose to comply with one (1) of the following options:
55.4.6.7.1.1Demonstrate all areas of open air cultivation activities maintain setbacks of six hundred (600) feet or greater from any residence(s) located on a separately owned parcel, and are located six hundred (600) feet or greater from any residentially zoned area or applicable community planning area boundary.
55.4.6.7.1.2Confine all open air cultivation activities to enclosed structures.
55.4.6.7.1.3 Secure a Conditional Use Permit. In considering the use permit request, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.7.1.4 Request Permit Cancellation. Permit holders shall be eligible for relocation incentives pursuant to the provisions of Section 314-55.4.6.5.9 and may be required to perform remediation of the site, where necessary.
55.4.6.7.2 Within ten (10) working days of these provisions becoming effective, the Department will provide written notice to all applicants and permit holders of sites subject to these provisions. The notice will include a ninety (90) day deadline for applicants and permit holders to provide a written decision to the Planning and Building Department declaring which option has been chosen to achieve compliance with this section. Failure to provide a timely response is a violation of the ordinance and shall be grounds for permit cancellation, penalties and enforcement pursuant to Section 314-55.4.5.3.
55.4.6.7.3 Permittees must obtain approval of all plans within eighteen (18) months of receiving written notice pursuant to Section 314-55.4.6.7.2, and must complete all work within thirty-six (36) months of the effective date of these provisions.
55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) shall be equally distributed among each of the twelve (12) discrete planning watersheds of Humboldt County as directed by the Board of Supervisors by resolution.
Once the permit cap for a given watershed has been reached, no additional permit applications for open air cultivation activities will be processed until the Planning Commission and Board of Supervisors consider an analysis of the state of the watershed and approves an increase in the cap. The analysis shall include review of water flow data and applicable studies or information prepared by State and local agencies and recommendations from the following State agencies: California Department of Fish and Wildlife, North Coast Regional Water Quality Control Board, State Water Resources Control Board, and the Department of Forestry and Fire Protection.
55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. Off-site processing, enclosed nurseries and community propagation centers must meet or exceed the setbacks from sensitive receptors and all cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Sections 314-55.4.6.1.1 (AE, AG, FR, and U) and 314-55.4.6.2.1 (C-3, ML, MH, and U), as well as C-2 and MB Zones, distribution, offsite processing, enclosed nurseries, community propagation centers shall be principally permitted with a zoning clearance certificate when meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and
the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3. Cannabis support facilities may also be permitted in CH and MB Zones with a special permit, where meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate in C-2, C-3, MB, ML, MH Zones, or U (when accompanied by a commercial or industrial general plan land use designation) or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 31455.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.3 Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.8
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and comply with the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4, and 314-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 31455.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1 Within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate, but may only be conducted within a nonresidential structure which was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size, with a special permit, up to 10,000 square feet of indoor cultivation may be permitted within a new or existing commercial structure, where the building is - also approved and utilized for cannabis support facilities. All properties must meet the locational criteria of Section 314 55.4.8.1.3 (no exceptions permitted) and the structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel. The cultivation area of the indoor facility shall be included in the calculation of total cultivation area of the parcel, where determining conformance with the (parcel size-specific) cultivation acreage limits of Section 314-55.4.6.1.2.3.
55.4.8.1.2 Within those zones specified under Section 314-55.4.6.2.1 (C-3, ML, MH, and U) MN with the Indoor Cultivation Q – Qualified Combining Zone, and C-2 as part of a microbusiness provided all cannabis activities occur within a building that is two (2) stories or less in height, cultivation area is limited to two thousand five hundred (2,500) square feet, and where the cultivation and cannabis activities are in scale with the surrounding community.
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted with a zoning clearance certificate.
55.4.8.1.2.2Up to 10,000 square feet of cultivation area may be permitted with a special permit.
55.4.8.1.2.3A use permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
55.4.8.1.3 Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.
pplication shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 31455.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4 and 314-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 314-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:
55.4.8.2.1 Flammable Extraction. ¶
55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit in the MH Zone, as well as the U zoning district, when accompanied by the industrial general (IG) land use designation.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit in the C-3 and ML Zones, as well as the U zoning district, where previously developed with a lawful heavy industrial use.
55.4.8.2.1.3Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), on properties meeting the locational criteria of Section 31455.4.8.2.3.3 (no exceptions permitted) where conducted within the footprint of a nonresidential structure that was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size or on parcels with a minimum of forty (40) acres where an agricultural cooperative association is the applicant, flammable extraction may also be permitted within a new commercial structure. The structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel.
55.4.8.2.1.4All manufacturing activities involving flammable extraction must be conducted within a commercial structure. Where located within those zones specified under Sections 314-55.4.8.2.1.2 and 314-55.4.8.2.1.3, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.4.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 314-55.4.5.1.
55.4.8.2.1.4.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.4.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.4.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.
55.4.8.2.2 Nonflammable Extraction. ¶
55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be principally permitted subject to issuance of a zoning clearance certificate within the C-3, ML, and MH Zones, as well as the U zoning district, when accompanied by an industrial land use designation.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit within CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit within those zones - specified under Section 314 55.4.6.1.1 (AE, AG, FR, and U).
55.4.8.2.2.4Manufacturing activities involving nonflammable extraction may be permitted with a zoning clearance certificate in association with a cannabis cultivation permit without on-site customer traffic, subject to the eligibility criteria and siting criteria required for the cultivation, and, if located within an FP or TPZ zone, the permitted manufacturing activities must occur within existing structures. Manufacturing activities permitted pursuant to this subsection are exempt from the locational criteria established in Section 55.4.8.2.4. Manufacturing activities permitted pursuant to this subsection are limited to the use of cannabis grown on the same parcel(s) or premises.
55.4.8.2.3 Infusion. ¶
55.4.8.2.3.1Manufacturing activities involving infusion may be principally permitted subject to issuance of a zoning clearance certificate within the CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be principally permitted in all zones which permit cottage industry activities, when in compliance with all performance standards found within Section 314-45.1.3, or with a special permit pursuant to Section 314-45.1.4.
55.4.8.2.4 Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.9 Adaptive Reuse of Industrial Sites. On parcels two (2) acres or larger in size, within existing structures previously developed for a lawful heavy industrial operation, occupancy of up to one (1) acre of gross floor area may be permitted for use by commercial cannabis activities including: indoor cultivation, manufacturing, and cannabis support facilities. A zoning clearance certificate will be required for each discrete lease area. Where permitted occupancy and use of the site has reached one (1) acre, a use permit will be required to consider any further use of the site by commercial cannabis activities.
55.4.10 Other Provisions.
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
55.4.10.2 Farm-Based Retail Sales. In addition to the zones in which cannabis retail facilities may be permitted pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries, retail sales of cannabis products limited to those produced on the same parcel(s) or premises where the cannabis was cultivated, may occur as follows; provided, that the cultivator also obtains a State cannabis retail sale license, if necessary. Sales of any cannabis products not cultivated on the same parcel is prohibited, unless pursuant to a microbusiness permit and license. Sites hosting on-site customer traffic may be permitted with a conditional use permit. Sites without on-site customer traffic, where all goods are provided to customers through delivery, off-site pickup, or similar means to the extent authorized by law, may be permitted with a zoning clearance certificate. Farm-based retail sales are not permitted on any parcel zoned TPZ, or a parcel zoned U with an underlying land use designation of timberland.
55.4.10.3 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned FP or TPZ). In cases where the highest level of required permit among the proposed uses is a zoning clearance certificate, the microbusiness may be permitted with a zoning clearance certificate instead.
55.4.10.3.1 FP and TPZ Zones. Parcels zoned FP or TPZ may not host microbusinesses, except in cases fulfilling all the following requirements:
55.4.10.3.2.1All new commercial cannabis activities occur within existing structures;
55.4.10.3.2.2All cannabis product utilized on site is grown on site; and
55.4.10.3.2.3The site features no on-site customer traffic.
55.4.10.3.2Uses requiring a microbusiness permit per other sections of this code shall be presumed to require a special permit, unless otherwise stated.
55.4.10.4 Locational Criteria. Adult use retail sales, farm based retail sales with on-site customer traffic, and microbusinesses with onsite customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met. Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.
55.4.10.5 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a use permit as required by Section 314-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and city of Ferndale. Any event must be managed to ensure that (1) all cannabis vendor participants are licensed; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (3) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.6 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit; provided, that: (1) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and, (3) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.
55.4.10.7 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours. Businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate, subject to meeting the following criteria:
55.4.10.7.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.7.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.
Tour businesses not meeting the above criteria may be permitted with a special permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.
55.4.10.8 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties - in conformance with the public accommodation performance standards as specified in Section 314 60.05 (“Short-Term Rentals”).
55.4.10.9 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities. Transportation does not include warehousing or storage of cannabis.
55.4.10.10 Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
55.4.10.11 Interim Permitting of Preexisting Cultivation Sites. Where adequate evidence has been submitted demonstrating that a cultivation site existed prior to January 1, 2016, permit applications seeking authorization of commercial cannabis cultivation and ancillary activities at these sites shall be eligible to receive an interim permit, provided the application was filed prior to January 1, 2017, and has been determined to be complete for processing by the Director of the Planning and Building Department. Prior to issuance of any interim permit, the Department shall independently review evidence of prior cultivation and specify the size of preexisting cultivation area (if any) based upon aerial and satellite imagery, or other substantial evidence.
Approval of the interim permit is conditional and shall occur through issuance of a zoning clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
g clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
The interim permit authorizes the permittee to seek state licensure and continue operations until completion of the local permit review process and issuance or denial of a County permit, or January 1, 2019, whichever occurs first. The Director may extend this deadline for cause. Refusal of the Director to issue or extend an interim permit shall not entitle the applicant to a hearing or appeal of the decision. Additionally, approval of any interim permit does not obligate the County to approve a noninterim permit or extension of the interim permit. Permit cancellation and disqualification of the property from future permitting shall be decided by the Zoning Administrator or the Planning Commission at a noticed public hearing. Those decisions may be appealed to the Board of Supervisors pursuant to the appeal procedures outlined under Section 312-13 of these regulations.
55.4.11 Application Requirements for Clearances or Permits. Applications may be required to include any or all of the following information, depending on permit activities and location: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, tribal cultural resources, and historical resources; assessments of projectrelated noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a preexisting cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board.
The County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA). All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
55.4.12 Performance Standards. ¶
55.4.12.1 Performance Standards for All Commercial Cannabis Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
55.4.12.1.1 Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2 Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.
55.4.12.1.3 Where subject to State licensure, participate in local and State programs for “track and trace” once available.
55.4.12.1.4Maintain a current, valid business license at all times.
55.4.12.1.5 Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours prior notice, to be conducted by appropriate County officials during regular business hours (Monday – Friday, 9:00 a.m. – 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7 Comply with any special conditions applicable to the permit or premises which may be imposed.
55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable:
55.4.12.1.8.1 Standard 1 – Dead-End Road Length. Projects shall not be located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or secondary access for emergency vehicles and personnel, including wildland fire equipment.
Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:
55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a center-line stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or
55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of the road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County, including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.
55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.
55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s).
55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.
55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” which was adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:
55.4.12.1.8.3.1.1Impacts from point source and nonpoint source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.
55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.
55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.
55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.
55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.
55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.
55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing. ¶
55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA secretary, or similar information.
55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.
55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.
55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.
55.4.12.1.9 The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited.
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing new development activities shall provide the necessary information to implement the following mitigation measures from the final environmental impact report:
| Mitigation Measure # |
Description of Mitigation |
|---|---|
| 3.4-1a | Biological reconnaissance surveys |
| 3.4-1b | Special-status amphibian surveys and relocation/buffers |
| 3.4-1c | Westernpond turtle surveys and relocation/buffers |
| 3.4-1d | Nestingraptor surveys and relocation/buffers |
| 3.4-1e | Northern spotted owl surveys |
| 3.4-1f | Special-status nestingbird surveys/buffers |
| 3.4-1g | Marbled murrelet habitat suitabilitysurveys/buffers |
| 3.4-1i | American badger surveys and buffers |
| 3.4-1j | Fisher and Humboldt marten surveys and den site preservation/buffers |
| 3.4-1k | Bat surveyand buffers |
| 3.4-1l | Vole surveyand relocation/buffers |
| 3.4-3a | Special-statusplants surveys |
| Mitigation Measure # |
Description of Mitigation |
| --- | --- |
| 3.4-4 | Protection of sensitive natural communities, riparian habitat,wetland vegetation |
| 3.4-5 | Waters of the United States |
| 3.4-6b | Retention of Fisher and Humboldt marten habitat features |
Exception: This section shall not apply to new development activities within the footprint of existing structures or proposed on lands planned or zoned for commercial or industrial activities.
During permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required in concert with consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites that submitted for permitting prior to December 31, 2019, within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to participate in the retirement, remediation, and relocation provisions of the proposed ordinance to relocate the cannabis cultivation to outside of the northern spotted owl activity area.
55.4.12.1.11 Hazardous Material Site Assessments and Contingency Plans. Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I environmental site assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
l risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
55.4.12.1.11.1Where contamination at the project site has been verified, a hazardous materials contingency plan shall be submitted for County review and approval during permit review. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance.
55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.
55.4.12.1.11.3If at any time during construction, evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
55.4.12.1.12 Storm Water Management. Applications for cannabis activities shall include a plan detailing how storm water will be addressed for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain pre-project drainage conditions, and in particular that there will be no net increase in the volume of storm water runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.
55.4.12.1.13 Management of Waste and Hazardous Materials. ¶
55.4.12.1.13.1Applications shall include a plan for disposal of project-related waste, including: solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.)
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a materials management plan which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment.
55.4.12.1.14 Protection of Historical Resources. Applications proposing projects which include the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s professional qualification standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.
55.4.12.1.15 Inadvertent Discovery of Archaeological and Paleontological Resources. ¶
55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate tribal historic preservation officer(s), shall be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.
55.4.12.2 Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties. General standards applicable to all commercial cannabis activities:
55.4.12.2.1 All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).
55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies.
55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.
Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.
55.4.12.2.4 All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.
Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.
55.4.12.2.5 Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as a sudden, unexpected occurrence demanding immediate action.
55.4.12.2.6 Provide and maintain an approved means of sewage disposal.
55.4.12.2.7 All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8 All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday.
55.4.12.2.9This performance standard shall apply to all permittees, regardless of whether an application was submitted prior to or after December 31, 2016. Permittees shall provide and maintain security in an amount the department determines to be sufficient to
secure timely payment of annual taxes imposed by Chapter 9 of Division 1 of Title VII. Permittees shall provide and maintain such security in one (1) of the following forms:
55.4.12.2.9.1Cash, or a cash equivalent;
55.4.12.2.9.2A bond or bonds duly executed by an admitted surety insurer, as defined by Section 995.120 of the Code of Civil Procedure, payable to the County; or
55.4.12.2.9.3Written agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
ten agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
To maintain a permit or certificate, such security shall be in place by January 1st of each year that the permit or certificate is granted or prior to commencement of cultivation for permits granted after January 1st of that year. If the Planning Department does not receive the security prior to January 1st or commencement of cultivation, the permit or certificate shall be deemed to have expired.
55.4.12.3 [Reserved for Future Use] ¶
55.4.12.4 Performance Standard for Light Pollution Control.
55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded so that no light escapes between sunset and sunrise.
55.4.12.4.2Where located on a parcel abutting a residential zoning district or proposed within resource production or rural residential areas, any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.
55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 314-55.4.5.3.
55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:
55.4.12.5.1 Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2 On-site renewable energy system with twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3 Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
55.4.12.6 Performance Standard for Noise at Cultivation Sites. Noise from cultivation and related activities shall not result in an increase of more than three decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three or more property lines when all cannabis related activities are not in operation.
55.4.12.6.1In TPZ Zones and U Zones (with a general plan land use designation of timberland), the use of generators is prohibited.
55.4.12.6.2Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result.
55.4.12.6.3The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.3.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.3.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.3.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.3.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.
55.4.12.7 Performance Standards for Cannabis Irrigation. A special permit shall be required where irrigation of commercial cannabis cultivation activities occurs wholly or in part using one (1) or more diversionary sources of water. All cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
55.4.12.7.1 Documentation of Current and Projected Water Use. All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff and will be used to assist in identifying and establishing an appropriate forbearance period. At a minimum, the following items shall be included:
55.4.12.7.1.1Information identifying the cultivation season(s).
55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.
55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, showing volume in gallons.
55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.
55.4.12.7.2 Forbearance Period and Storage Requirements. ¶
55.4.12.7.2.1 Operators of cannabis cultivation site(s) shall forbear from diversions of surface water for irrigation during periods of low or reduced stream flows, in accordance with requirements of the State Water Resources Control Board.
55.4.12.7.2.2The County may require the submittal of a water management plan prepared by a qualified person such as a licensed engineer, hydrologist, or similar licensed professional, establishing a smaller or larger water storage and forbearance period, if required, based upon local site conditions.
55.4.12.7.2.3Where subject to forbearance, the applicant shall provide a plan for developing adequate on-site water storage to provide for irrigation, based on the size of the area to be cultivated.
55.4.12.7.3 Metering and Recordkeeping. ¶
55.4.12.7.3.1A metering device shall be installed and maintained on all discrete points of diversion or other locations of water withdrawal (including wells). The meter shall be located at or near the point of diversion or withdrawal.
55.4.12.7.3.2A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.3.3Operators shall maintain a weekly record of water collected from diversionary sources, as well as a record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site, and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.
55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:
55.4.12.8.1 Ponds and Reservoirs. ¶
55.4.12.8.1.1Except in limited circumstances where already permitted or existing, ponds shall be located “off-channel” from watercourses and adequately setback from streams, springs, and other hydrologic features.
55.4.12.8.1.2To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.
55.4.12.8.1.3Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from, or outlets to, a nearby stream or wetland.
55.4.12.8.1.4Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.1.5All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be
submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting time frames.
55.4.12.8.2 Bladders and Aboveground Pools, and Similar Vessels. Use of bladders, aboveground pools, and similar vessels is prohibited. Where a preexisting cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.
55.4.12.8.3 Tanks Located in Designated Flood Zones. Tanks shall be sited at least one (1) foot above the base flood elevation or wet flood proofed and anchored.
55.4.12.9 Performance Standard for Wells on Small Parcels. Cultivation site(s) located within areas planned or zoned for lot sizes of ten (10) acres or smaller where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. These tests shall be preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.
operation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.
55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.
55.4.12.11 Existing Site Reconfiguration. ¶
55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.
55.4.12.11.2A biological resource protection plan must be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within a streamside management area, sensitive plant community, or area of similar biological sensitivity.
55.4.12.11.3Any new timberland conversion proposed in association with cultivation site reconfiguration must not exceed the areas of existing conversion to be relocated.
Preexisting cultivation areas to be relocated must be restored to pre-disturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.
All relocated road segments must be fully decommissioned and restored to pre-disturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.5All remediation activities shall be performed in accordance with the remediation performance standard.
55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.
55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.
55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.
55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).
55.4.12.13 Performance Standard for Remediation Activities. All remediation activities shall be conducted in accordance with the requirements for mitigation and monitoring plans described within Section 314-61.1, including the standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations. ¶
55.4.12.14.1Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1.1Public visitation may be principally permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts or where zoned unclassified and planned for or developed with lawful commercial or industrial uses, when meeting the requirements of this section.
55.4.12.14.1.2Public visitation may be permitted with a special permit at sites located within those zones listed under Section 31455.4.6.1.1 (AE, AG, FR, and U), when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 314-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.
55.4.12.14.1.3Visitation by the general public may include tours and tour groups, farm stays, farm-based retail sales, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a conditional use permit pursuant to Section 314-62.1.
55.4.12.14.2 The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.2.1Sites located in those zones specified in Section 314-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. to 6:00 p.m.
55.4.12.14.2.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.2.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).
55.4.12.14.2.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.2.5 Road System and Driveways. ¶
55.4.12.14.2.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.12.14.2.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.2.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.
55.4.12.14.2.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.
55.4.12.14.2.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.2.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
55.4.12.14.2.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.2.6 Parking. ¶
55.4.12.14.2.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.2.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.
55.4.12.15 Performance Standards for Tour Operators and Tour Sites.
55.4.12.15.1 Tour Operators. Tour operators shall comply with all of the following measures:
55.4.12.15.1.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.1.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.
55.4.12.15.1.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.
55.4.12.15.1.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
55.4.12.15.2 Tour Site Eligibility Criteria. Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.2.1The site(s) conform with the public accommodation performance standard.
55.4.12.15.2.2Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Species Control. It is the responsibility of a certificate or permit holder to work to eradicate invasive species. As part of any application, the existence of invasive species on the project parcel need to be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required if invasive species are found to have returned.
55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:
55.4.13.1Cultivation area of three thousand (3,000) square feet or less.
55.4.13.2Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic certification standards or the substantial equivalent.
55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 314-43.2, right to farm ordinance, said statement shall include information describing the possibility of commercial cultivation of cannabis.
55.5 INDUSTRIAL HEMP LAND USE REGULATIONS ¶
55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the Inland Area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.
55.5.2 Applicability and Interpretation. ¶
55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.
55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis.
55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions” as defined in Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2593, 2/27/2018; Ord. 2599, §§ 1 – 4, 5/8/2018; Ord. 2615, § 1, 11/13/2018; Ord. 2652, § 2, 10/6/2020; Ord. 2653, § 2, 10/6/2020; Ord. 2654, § 2, 10/6/2020; Ord. 2667, § 2, 2/9/2021; Ord. 2670, § 2, 2/23/2021; Ord. 2683, §§ 2, 3, 9/21/2021; Ord. 2732, § 9, 3/5/2024; Ord. 2759, § 1, 3/18/2025; Ord. 2778, §§ 2, 3, 11/18/2025)
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55.1 INDOOR RESIDENTIAL CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ¶
55.1.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Indoor Cultivation”.
55.1.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Indoor Cultivation (“MMLUCIC” or “this Code”) is to regulate the cultivation of medical marijuana for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the residential cultivation and processing of medical marijuana for an individual patient’s use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
55.1.3 Applicability and Interpretation. ¶
55.1.3.1The indoor cultivation and processing of medical marijuana for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.
55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor residential cultivation of medical marijuana for personal use, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.
55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.1.3.4The definitions in this Code are intended to apply to the MMLUCIC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.
55.1.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.
55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.1.6 Penalties. ¶
Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable state and county laws, including the County’s medical marijuana abatement procedures as put forth in Section 314-55.2.
55.1.7 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Cultivation of Medical Marijuana for Personal Use: cultivation and processing of medical marijuana indoors in a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Detached Accessory Building - Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this Section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.
Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Personal Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s use.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.
Residential Cultivation: the growing of fifty (50) square feet or less that is ten (10) feet or less in height of medical marijuana indoors within a residence or detached accessory structure, as defined herein. Such cultivation shall be for a qualified patient’s personal use and must be subordinate, incidental, and accessory to the residential use.
55.1.8 Indoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s indoor residential cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor residential medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.1.8.1Medical marijuana cultivation in a residence shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.2Medical marijuana cultivation in detached accessory buildings shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and
55.1.8.3A total of fifty (50) square feet of indoor medical marijuana cultivation for personal use, which does not exceed ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than fifty (50) square feet or more than ten (10) feet in height of medical marijuana cultivation area per residence on the parcel, regardless of the number of qualified patients or primary caregivers residing at the residence or participating directly or indirectly in the cultivation; and
55.1.8.4The medical marijuana cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, posted with a legible copy of the individual patient’s medical marijuana recommendation, secured against unauthorized entry, and maintained for the exclusive use of the qualified patient; and
55.1.8.5Grow lights for medical marijuana cultivation for personal use in a residence or a detached accessory building shall not exceed 1200 watts total; and
55.1.8.6All electrical equipment used in the indoor cultivation of medical marijuana in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the residential cultivation of medical marijuana is prohibited; and
55.1.8.7The use of gas products (CO2, butane, etc.) for indoor medical marijuana cultivation or processing in a residence or a detached accessory building is prohibited; and
55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of medical marijuana in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and
55.1.8.9On parcels that contain more than one residence, no odor of medical marijuana shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one residence, no odor of medical marijuana shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the medical marijuana cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of marijuana from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to noncultivation residential uses; and
55.1.8.10From a public right of way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor medical marijuana cultivation at the residence or detached accessory building that is detectable by a person of ordinary senses; and
55.1.8.11Medical marijuana cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a Cottage Industry or a Home Occupation, and are not eligible for an address of convenience; and
55.1.8.12No sale, trading, or dispensing of medical marijuana is allowed on a parcel where residential cultivation of medical marijuana occurs; and
55.1.8.13The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence or detached accessory building within the jurisdiction of the County of Humboldt; and
55.1.8.14The residence where medical marijuana is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for medical marijuana cultivation; and
55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor residential cultivation of medical marijuana; and
55.1.8.16The indoor residential cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
55.1.8.17The indoor residential cultivation of medical marijuana must comply with all applicable state and county laws, including fire and building codes.
55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.
55.1.8.19Outdoor cultivation, as described in Section 314-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein. (Ord. 2468, Section 2, 12/13/2011; Ord. 2523, Section 3, 10/28/2014)
55.2 OUTDOOR CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ON SMALL PARCELS
55.2.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation”.
55.2.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation (“MMLUCSPOC” or “this Code”) is to establish reasonable regulations governing the outdoor cultivation of medical marijuana for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of medical marijuana for an individual patient’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor marijuana cultivation.
Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.
55.2.3 Applicability and Interpretation. ¶
55.2.3.1The outdoor cultivation and processing of medical marijuana on parcels five (5) acres or less in size within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.
55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt any outdoor cultivation activities on parcels five (5) acres or less in size, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.
55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.
55.2.3.4The definitions in this Code are intended to apply to the MMLUCSPOC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.
55.2.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the attorney General of the State of California, or the Attorney General of the United States of America.
55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.
55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:
Acre: means 43,560 square feet. See also the definition of “Lot Size” found under Section 314-147 of the code.
Canopy: means the area, in square feet, of vegetative growth, of a marijuana plant including starts. Area shall be calculated using the following formula: Diameter of Plant squared, and then multiplied by the conversion factor (π/4). For example, if the diameter of one (1) plant is equal to 30 inches (2.5 feet), the canopy would equal 4.9 square feet [2.5 feet² x 0.7854].
Cultivation: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more marijuana plants or any part thereof in any outdoor location.
Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.
Indoor Cultivation of Medical Marijuana: cultivation and processing of medical marijuana inside a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.
Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.
Marijuana Plant: means any mature or immature male or female marijuana plant, or any marijuana seedling, unless otherwise specifically provided herein.
Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.
Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.
Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this Section.
Personal Use Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s exclusive use.
Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.
Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.
Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
alified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.
School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.
School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, section 1238, to receive school buses, as defined in California Vehicle Code section 233, or school pupil activity buses, as defined in Vehicle Code section 546.
Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.
55.2.7 Outdoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s outdoor cultivation of medical marijuana for that patient’s personal use outside the Coastal Zone, so long as the cultivation is in conformance with this Code and state law.
In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, outdoor medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:
55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 314-147 of the code.
55.2.7.2It shall not be deemed a nuisance per se for a qualified patient to cultivate medical marijuana outdoors for personal use as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:
55.2.7.2.1On parcels one (1) acre or smaller in size, the total plant canopy of the medical marijuana cultivated outdoors may not exceed one hundred (100) square feet in size, nor may cultivation occur within twenty (20) feet of a property boundary line; and
55.2.7.2.2On parcels greater than one (1) acre and up to five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed two hundred (200) square feet in size, and on parcels larger than five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
han five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed four hundred (400) square feet in size. Cultivation may not occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and
55.2.7.2.3No outdoor cultivation may occur within 600 feet of any School, School Bus Stop, Public Park, Place of Religious Worship, or Traditional Native American Cultural Site, so long as these uses existed prior to the outdoor cultivation of medical marijuana in compliance with this Code; and
55.2.7.2.4Indoor medical marijuana cultivation may not occur in addition to the outdoor cultivation provisions described herein; and
55.2.7.2.5The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and
55.2.7.2.6Cultivation within a greenhouse or “hoophouse” shall be deemed outdoor cultivation and subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks.
55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor residential cultivation of medical marijuana; and
55.2.7.2.8The outdoor cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and
55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of medical marijuana pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a Lake and Streambed Alteration Agreement is necessary. If such an Agreement is required, the water use must comply with all of its terms.
55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of medical marijuana for personal use may only occur by a qualified patient who occupies a permitted residence located on the same property that is host to the cultivation activities. If the qualified patient is not the owner of the property, the occupant must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent.
55.2.8 Nuisance Declared; Specialized Abatement Process; Enforcement.
55.2.8.1Any violation of this Section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law, including the specialized abatement process as provided for in this Code.
55.2.8.2 Notice to Abate Unlawful Marijuana Cultivation. Whenever an Enforcing Officer determines that a public nuisance as described in this Code exists on any property within the unincorporated area of Humboldt County he or she is authorized to notify the owner and/or occupant(s) of the premises through issuance of a ”Notice and Order to Abate Unlawful Marijuana Cultivation”.
55.2.8.2.1 Contents of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” shall be in writing and shall include the following:
55.2.8.2.1.1Name of the owner(s) of the property upon which the nuisance exists, as listed in the records of the county assessor, and any occupant(s) shall also be identified, if known; and
55.2.8.2.1.2A description of the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property and/or identification of such property by reference to the assessor’s parcel number; and
55.2.8.2.1.3A statement that medical marijuana cultivation in violation of this Section exists on the property and therefore such cultivation is a public nuisance per se.
55.2.8.2.1.4A description of the medical marijuana cultivation in violation of this Section that exists on the property and the actions required to abate it.
55.2.8.2.1.5A statement that the owner and/or occupant is required to abate the identified violations of this Code within fourteen (14) calendar days after the date that said Notice was served.
55.2.8.2.1.6A statement that the owner and/or occupant may, within ten (10) calendar days after the date that said Notice was served, make a request in writing to the Clerk of the Board of Supervisors for a hearing to appeal the determination of the Enforcing Officer that the conditions existing constitute a public nuisance, or to show other cause why those conditions should not be abated in accordance with the provisions of this Section.
55.2.8.2.1.7A statement that, unless the owner and/or occupant abates the unlawful marijuana cultivation, or requests a hearing before the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
efore the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.
55.2.8.3 Service of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” (“Notice and Order”) shall be served by delivering it personally to the owner and/or to the occupant, or by mailing it by regular United States mail, together with a certificate of mailing, to the owner and/or occupant of the property at the address thereof, and to any non-occupying owner at his or her address as it appears on the last equalized assessment roll and by posting a copy of the Notice and Order on the real property upon which the nuisance exists as follows: copies of the Notice and Order shall be posted along the frontage of the subject property and at such other locations on the property reasonably likely to provide notice to the owner. In no event shall fewer than two (2) copies of the Notice and Order be posted on a property pursuant to this section.
55.2.8.3.1The date of service is deemed to be the date of deposit in the mail, personal delivery, or posting, as applicable.
55.2.8.4 Administrative Review. ¶
55.2.8.4.1Any person upon whom a Notice and Order to Abate Unlawful Marijuana Cultivation has been served may appeal the determination of the Enforcing Officer that the conditions set forth in the Notice and Order constitute a public nuisance to the Board of Supervisors, or may show cause before the Board of Supervisors why those conditions should not be abated in accordance with the provisions of this Section. Any such administrative review shall be commenced by filing a written request for a hearing with the Clerk of the Board of Supervisors within ten (10) calendar days after the date that said Notice and Order was served. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing such a written request shall be deemed jurisdictional and may not be waived. In the absence of a timely filed written request that complies fully with the requirements of this Section, the findings of the Enforcing Officer contained in the Notice and Order shall become final and conclusive on the eleventh day following service of the Notice and Order.
55.2.8.4.2Upon timely receipt of a written request for hearing which complies with the requirements of this Section, the Clerk of the Board of Supervisors shall set a hearing date not less than seven (7) days or more than thirty (30) days from the date the request was filed. The Clerk shall send written notice of the hearing date to the requesting party, to any other parties upon whom the Notice and Order was served, and to the Enforcing Officer.
55.2.8.4.3Any hearing conducted pursuant to this Section need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The Board of Supervisors has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
55.2.8.4.4The Board of Supervisors may continue the administrative hearing from time to time.
55.2.8.4.5The Board of Supervisors shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the Notice and Order. The Board of Supervisors shall issue a written decision in the form of a resolution, which shall include findings relating to the existence or nonexistence of the nuisance, as well as findings concerning the propriety and means of abatement of the nuisance conditions set forth in the Notice and Order. Such decision shall be mailed to the party requesting the hearing, any other parties upon whom the Notice and Order was served, and the Enforcing Officer.
55.2.8.4.6The decision of the Board of Supervisors shall be final and conclusive on the date it is made.
55.2.8.5 Liability for Costs. ¶
55.2.8.5.1In any enforcement action brought pursuant to this Section, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful marijuana cultivation to exist shall be liable for all costs incurred by the County, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this Section, whether those costs are incurred prior to, during, or following enactment of this Section.
55.2.8.5.2In any action by the Enforcing Officer to abate unlawful marijuana cultivation under this Section, whether by administrative proceedings or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney’s fees incurred. Recovery of attorneys’ fees under this Code shall be limited to those actions or proceedings in which the County elects, at the initiation of that action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the County in the action or proceeding.
55.2.8.6 Abatement by Owner or Occupant. Any owner or occupant may abate the unlawful marijuana cultivation or cause it to be abated at any time prior to commencement of abatement by the enforcing officer.
55.2.8.7 Enforcement. Whenever the Enforcing Officer becomes aware that an owner or occupant has failed to abate any unlawful marijuana cultivation within fourteen (14) days of the date of service of the Notice and Order, unless timely appealed, or of the date of the decision of the Board of Supervisors requiring such abatement, the Enforcing Officer may take one (1) or more of the following actions:
55.2.8.7.1Enter upon the property and abate the nuisance. The Enforcing Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the abatement work, if necessary; and/or
55.2.8.7.2Request that the County Counsel commence a civil action to redress, enjoin, and abate the public nuisance.
55.2.8.8 Accounting. The Enforcing Officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the Board of Supervisors showing the cost of abatement and the administrative costs for each parcel.
55.2.8.9 Notice of Hearing on Accounting; Waiver by Payment. Upon receipt of the account of the Enforcing Officer, the Clerk of the Board of Supervisors shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time not less than five (5) business days after the date of mailing of the notice, the Board of Supervisors will meet to review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the Enforcing Officer prior to the time set for the hearing by the Board of Supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable.
55.2.8.10 Hearing on Accounting. ¶
55.2.8.10.1At the time fixed, the Board of Supervisors shall meet to review the report on the accounting by the Enforcing Officer. An owner may appear at said time and be heard on whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner, is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed.
55.2.8.10.2The report and the accounting of the Enforcing Officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.
55.2.8.10.3 Modifications. The Board of Supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.
55.2.8.10.4 Special Assessment and Lien. The Board of Supervisors may order that the cost of abating nuisances pursuant to this Section and the administrative costs as confirmed by the Board be placed upon the County tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The Board of Supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code.
55.2.8.11 Enforcement by Civil Action. As an alternative to the procedures set forth in this Section the County may abate the violation of this Section by the prosecution of a civil action through the Office of the County Counsel, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this Section or requiring compliance with other terms.
55.2.8.12 No Duty to Enforce. Nothing in this Section shall be construed as imposing on the enforcing officer or the County of Humboldt any duty to issue an Notice and Order, nor to abate any unlawful marijuana cultivation, nor to take any other action with regard to any unlawful marijuana cultivation, and neither the enforcing officer nor the County of Humboldt shall be held liable for
failure to issue an order to abate any unlawful marijuana cultivation, nor for failure to abate any unlawful marijuana cultivation, nor for failure to take any other action with regard to any unlawful marijuana cultivation.
55.2.8.13 Remedies Cumulative. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. Nothing in this Section shall be deemed to authorize or permit any activity that violates any provision of state or federal law.
55.2.8.14 Other Nuisance. Nothing in this Section shall be construed as a limitation on the County’s authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building.
55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship.
55.2.9.1 Low Odor Strains. To alleviate the potential the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.
55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.
55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.
55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near medical marijuana or the area where medical marijuana is being cultivated. Grow, process, and store medical marijuana in as “organic” and safe a fashion as possible to reduce potential adverse effects during use by medical patients who are ill and may have compromised immune systems.
55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices –Northern California Farmer’s Guide. (Ord. 2523, Section 4, 10/28/2014)
55.3 MEDICAL CANNABIS DISPENSARIES ¶
55.3.1 Authority and Title. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.2 Purpose and Intent. The purpose of this Section is to minimize the negative land use impacts that can be associated with the dispensing of medical cannabis by a Dispensary, as defined herein, to a qualified patient and to facilitate local implementation of the California Medical Cannabis Regulation and Safety Act (“MCRSA”).
55.3.2.1The further purpose of this Section is to minimize the negative land use impacts that can be associated with the sale or testing of cannabis to adults twenty-one (21) years of age or older and to facilitate the local implementation of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) (SB 94), and as it may subsequently be amended. (Ord. 2588, Section 3, 11/14/2017)
55.3.3 Applicability and Interpretation. ¶
55.3.3.1These regulations shall apply to the locating and permitting of medical cannabis Dispensaries in zoning districts which authorize this use, as specified under Section 55.3.8.2 of this Code.
55.3.3.2The distribution of medical cannabis by medical cannabis Dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.
55.3.3.3All distribution of medical cannabis by medical cannabis Dispensaries, as defined herein, regardless of whether the use was previously approved by the Humboldt County Planning Commission or the Humboldt County Board of Supervisors, shall come into full compliance with these regulations within one (1) year of the adoption of the ordinance establishing this Code.
55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of medical cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, or compliance with the MCRSA and any other applicable state laws.
55.3.3.5Nothing in this Code is intended, nor shall it be construed, to exempt medical cannabis Dispensaries as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.
55.3.3.6Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting medical cannabis Dispensaries.
55.3.3.7The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Humboldt County Code section 314-135 et seq. and section 111-1 et seq. may also apply to this Code.
55.3.3.8Adult Use Retail Sales facilities are a conditionally permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)
permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)
55.3.3.9Permits issued for Medical Cannabis Dispensaries pursuant to Section 314-55.3 as set forth in Ordinance No. 2554 shall remain valid, and shall be governed by the terms and conditions of the approved permit, including those limiting distribution and sales to qualified patients with a recommendation from a licensed California physician, consistent with state provisions for medicinal use. Any Dispensary operating under a local permit approved prior to the effective date of the ordinance adding section 55.3.3.8 may seek a modification of the permit to authorize the sale of cannabis to an adult twenty-one (21) years of age or older who is not a qualified patient with a physician recommendation. Modification of the permit may be authorized as provided under section 312-11 of these regulations. Approval of the modification must be made by the Planning Commission or Zoning Administrator, at a public hearing for which notice has been provided pursuant to section 312-8. Holders of such permits may apply for state licenses for either medicinal or adult use retail sale license categories, or any combination thereof as may be permitted under state statute and regulations. (Ord. 2588, Section 4, 11/14/2017)
55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.
55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for medical cannabis Dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of medical cannabis Dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of medical cannabis.
55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.
Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable state and county laws.
55.3.7Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.8 General Provisions. This section applies to all medical cannabis Dispensaries, as defined in this Code.
55.3.8.1All medical cannabis Dispensaries shall operate in compliance with this Code, the MCRSA, and all other applicable state and local laws.
55.3.8.2Medical cannabis Dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit issued pursuant to Section 312-3.1 of the code. Zoning districts where a Dispensary may be located are C-1, C-2, C-3, MB, ML, MH.
55.3.8.3The fact that applicants possess other types of state or county or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a conditional use permit from the County of Humboldt to operate a Dispensary within the jurisdiction of the County.
55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure the safety of patients and staff; to ensure the security of the medical cannabis; and to safeguard against the diversion of medical cannabis for non-medical purposes.
55.3.9 Medical Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a medical cannabis Dispensary:
55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.
55.3.9.2The Planning Commission shall specifically regulate the location of medical cannabis Dispensaries by considering the potential impacts and cumulative impacts of proposed medical cannabis Dispensaries to the community area as a whole and specifically on the following existing uses located within a 600 foot radius of a proposed Dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit for any proposed medical cannabis Dispensary within 600 feet of the following uses if the Commission determines that the impacts of a proposed Dispensary have the potential to be significant on the following uses:
55.3.9.2.1Residential neighborhoods and their inhabitants;
55.3.9.2.2Church, as defined herein;
55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;
55.3.9.2.4Residential treatment facilities, as defined herein; and
55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a 600 foot radius of the proposed new facility.
55.3.9.3No medical cannabis Dispensaries, operators, establishments, or providers who possess, cultivate, or distribute medical cannabis shall be located within a 600-foot radius of a school [Health & Safety Code section 11362.768 (b)]. This distance shall be measured in a straight line from the property line of the school to the property line of the medical cannabis dispensing facility, operator, establishment, or provider.
55.3.9.4Submission of an Operations Manual and compliance with the Operating Standards, pursuant to sections 55.3.10 and 55.3.11 of this Code.
55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit, medical cannabis Dispensaries shall submit to the Planning Commission an Operations Manual which provides for the following:
55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit application, the Operations Manual, and the Operating Standards at any time before or after the conditional use permit is issued; and
55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and
55.3.10.3The hours and days of the week when the Dispensary will be open; and
55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a 600 foot radius; and
55.3.10.5A description of the security measures located on the premises, including but not limited to, lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients and secure the medical cannabis against diversion for non-medical purposes; and
55.3.10.6A description of the screening, registration and validation process and procedures for qualified patients and primary caregivers; and
55.3.10.7A description of qualified patient records acquisition and retention procedures and policies; and
55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of medical cannabis that come in and go out of the Dispensary; and
55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and
55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and
55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all medical cannabis distributed; and
55.3.10.12The procedure and documentation process for determining patient dosage, including any testing for the major active agents in medical cannabis offered to qualified patients, such as cannabinoids tetrahydrocannabinol (THC), Cannabidiol (CBD), and Cannabinol (CBN); and
55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and
55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change.
55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, medical cannabis Dispensaries shall comply with all of the following operating standards:
55.3.11.1Dispensaries that function as medical cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Medical cannabis delivery services shall only operate from a “store-front” Dispensary in a commercial or industrial zone with an approved conditional use permit; and
55.3.11.2Medical cannabis Dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and
55.3.11.3No dispensing of medical cannabis to an individual qualified patient shall be permitted more than twice a day; and
55.3.11.4The hours of operation of medical cannabis Dispensaries shall be no earlier than 6:00 a.m. and no later than 10:00 p.m.; and
55.3.11.5Medical cannabis Dispensaries shall only provide medical cannabis to an individual qualified patient who has a valid, verified physician’s recommendation issued in the State of California. Dispensaries shall verify on an annual basis, or more frequently if required by the State of California, that the physician’s recommendations of their clients are current and valid; and
55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the Dispensary. A copy of the client rules and/or regulations shall be provided to the qualified patient by a medical cannabis delivery service; and
55.3.11.7Repealed by Ord. 2599, § 2, 5/8/2018.
55.3.11.8Each building entrance to a medical cannabis Dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and
55.3.11.9No medical cannabis Dispensary or delivery service shall provide medical cannabis to any qualified patient or holder of a medical cannabis recommendation who is under 18 unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of medical cannabis; and
55.3.11.10All medical cannabis Dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and
55.3.11.11All medical cannabis dispensed by Dispensaries must be obtained in accordance with the MCRSA and other applicable state and local laws; and
55.3.11.12Dispensaries must comply with sections 313-87.3 and 314-87.2 of the County Zoning Regulations; and
55.3.11.13An up-to-date inventory of all hazardous materials stored and used onsite shall be maintained on the premises of the Dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and
55.3.11.14Medical cannabis Dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and
55.3.11.15Medical cannabis Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual or in the Operating Standards must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change; and
55.3.11.16Medical cannabis Dispensaries shall comply with any and all conditions of their conditional use permit.
55.3.11.17The operator shall provide information to all employees about the potential health impacts of cannabis use on children. Information shall be provided by posting the brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card.” This information shall also be provided to all employees as part of the employee orientation.
55.3.11.18The brochures from the Department of Health and Human Services titled “Cannabis Palm Card and Cannabis Rack Card” shall be printed and made available to all customers where transactions are completed.
55.3.11.19Prior to operation, the operator shall work with the Department of Health and Human Services to provide signage notifying customers of the potential health effects of cannabis consumption during pregnancy and upon nursing children.
55.3.12Performance Review Reports
55.3.12.1Medical cannabis Dispensaries shall submit a “Performance Review Report” on an annual basis from their initial date of operation for review and approval by the Planning Commission. The Planning Commission may delegate review of the annual Performance Review Report to the Zoning Administrator at the time of the initial hearing or at any time thereafter. This annual “Performance Review Report” is intended to identify the effectiveness of the approved conditional use permit, Operations Manual, Operating Standards, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.
55.3.12.2Medical cannabis Dispensaries shall be inspected by the Humboldt County Sheriff or his/her designee, and/or employees of the Humboldt County Planning and Building Department and/or the Code Enforcement Investigator on an annual basis, or more frequently as requested by the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1) to
determine if the Dispensary is in compliance with its conditional use permit, Operating Standards, and Operations Manual. After payment of the inspection fees as indicated in the following section, a copy of the results from this inspection shall be given to the Dispensary for inclusion in their “Performance Review Report” to the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1).
55.3.12.3Inspection and review fees pursuant to the County’s adopted schedule of fees and charges, as amended from time to time by the Board of Supervisors, shall be paid by medical cannabis Dispensaries and accompany the “Performance Review Report” for costs associated with the inspection and the review of the report by County staff.
55.3.12.4Non-compliance by medical cannabis Dispensaries in allowing the inspection by the above-mentioned County personnel, or refusal to pay the required fees, or non-compliance in submitting the annual “Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the conditional use permit and/ or subject the holder of the permit to the penalties outlined in this Code, above.
55.3.13Permit Revocation & Transfer
- 55.3.13.1A conditional use permit shall be revoked or modified according to Humboldt County Code Section 312 14 (Revocation Procedures). Permit revocation or modification shall be sought for non-compliance with one (1) or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.
55.3.14.1Conditional use permits to operate a medical cannabis Dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.
55.3.15Repealed by Ord. 2599, § 3, 5/8/2018.
55.3.16 Medical Cannabis Business Offices. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, § 4, 7/19/2016)
55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE OF CANNABIS LAND USE REGULATION FOR THE INLAND AREA
55.4.1 Authority and Title. This section shall be known as the commercial cannabis land use ordinance (CCLUO), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Inland Area of the County of Humboldt.
55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment, increases public awareness, and community health and safety while creating a clear and attainable path for operators to follow and authorities to enforce.
These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.
This section is not intended to supersede the provisions of Section 313-55.1, 314-55.1, 313-55.2, or 314-55.2 concerning cultivation of medical marijuana for personal use by patients or caregivers, or contravene the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twenty-one (21) years of age or older.
55.4.3 Applicability and Interpretation. ¶
55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt outside of the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. Applications for commercial cannabis activity land use permits filed on or before December 31, 2016, shall be governed by the regulations in effect at the time of their submittal, except as follows and is otherwise prescribed herein. Zoning clearance certificate applications for open air cultivation filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.7 below. Zoning clearance certificate applications for retirement, remediation and relocation sites filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.5.9.4 below.
55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area regulations as well as other applicable provisions of the County Code.
55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis, from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.
55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 314-135 et seq. and Section 111-1 et seq. may also apply to this section.
55.4.3.5 A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCLUO for any commercial cannabis activity regulated by this section or Section 314-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.
55.4.3.6 Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”
55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.
55.4.3.8 Zoning clearance certificates and permits issued for commercial cannabis activities pursuant to the commercial medical marijuana land use ordinance (CMMLUO) as set forth in this section shall remain valid, and shall be governed by the terms and conditions of this section until such time as the permit is modified. Holders of such permits may apply for State licenses for either medicinal or adult use license categories, or any combination thereof as may be permitted under State statute and regulations.
55.4.3.9 Notwithstanding the provisions of the right to farm ordinance, Section 314-43.2.6, the commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the general agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, or use permit, and the person engaged in such activity must obtain all required State licenses and permits.
55.4.3.10 Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any zoning district other than those zoning districts where it is expressly permitted.
55.4.3.11 The fact that an applicant possesses other types of State, County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.
55.4.3.12 No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, or use permit required under this section.
55.4.3.13 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.4.4 Definitions. ¶
“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.
“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.
“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.
“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.
“Captured rainfall” means catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.
“Category 4 roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Division 2 of this title.
“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.
“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.
“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.
“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”
“Cultivation site” means the location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.
“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.
“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.
“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from aboveground irrigation.
“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light, or indoor.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.
“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method to make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.
“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.
“Forbearance period” means the calendar days during which water may not be diverted from a water body. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.
“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.
“Homesite area” means the land up to two (2) acres immediately surrounding a house or dwelling, including any closely associated buildings and structures, garden, storage, driveway and parking areas, but excluding any associated “open fields beyond,” and also excluding any closely associated buildings, structures, or divisions that contain the separate activities of their own respective occupants with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated.
“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.
“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.
“Irrigation” means use of water by any commercial cannabis cultivation activity.
“Licensee” means a person issued a State license to engage in commercial cannabis activity.
“Local water source” means water withdrawal from a water body occurring on the same parcel(s) or premises, or in their vicinity.
“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.
“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than 10,000 square feet, distribution, manufacturing without use of volatile solvents, and retail sales.
“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.
“Nondiversionary water source” means not involving the withdrawal of water from a water body.
“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a conversion of timberland, conducted prior to January 1, 2016.
“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.
“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.
“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.
“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.
“Outdoor” means outdoor cultivation using no artificial lighting.
“Parcel” means the same as the definition of “lot” found under Section 314-147.
“Permaculture” means a set of design principles centered on whole systems thinking, simulating, or directly utilizing the patterns and resilient features observed in natural ecosystems. Commonly associated with permaculture include agro-forestry, swales, contour plantings, soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
soil and water management, hedgerows and windbreaks, and integrated farming systems such as pond-dike aquaculture, aquaponics, intercropping, and polyculture. For the purposes of this section, permaculture includes the exclusive use of native soil; organic fertilizers, pesticides, rodenticides and insecticides; and use of water efficient irrigation systems for all commercial cannabis cultivation.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder. “Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or group holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument shall not be considered a “person” for purposes of this section.
“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence. The maximum cultivation area that may be recognized is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above.
“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.
“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.
“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.
“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”
“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community service districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic.
“Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.
“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.
“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from one hundred percent (100%) renewable source.
“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.
“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. Retailer shall include medical cannabis dispensaries, as defined in and regulated by Section 314-55.3.
“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.
“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.
“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.
“Slope” means natural grade as defined in Section 314-142, which has not been filled or graded after January 1, 2016.
“State license,” or “license,” means a State license issued pursuant to MAUCRSA.
“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.
“Timberland” means land, which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.
“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the tribal council or equivalent body.
“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.
“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by nontribal members.
“Water body” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Water body” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.
55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits. ¶
55.4.5.1 Special Area Provisions. ¶
55.4.5.1.1 No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.
55.4.5.1.2 No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.
55.4.5.1.3 A special permit shall be required for any commercial cannabis activity in a TPZ zoning district, when authorized pursuant to Section 314-55.4.6.5 (preexisting cultivation sites).
55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.
55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the community planning areas (CPAs) identified herein. For purposes of determining the Trinidad planning area, the Trinidad general plan shall be utilized.
55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 314-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.
The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.
55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.
55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. ¶
The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their tribal historic preservation officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).
55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, or use permit for commercial cannabis activity, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.
55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.
Any violation of this section, including, but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of this title.
Whenever permit applicants seeking permits for new commercial activities initiate operations ahead of permit issuance or preexisting cultivation site operators seeking permits expand cultivation operations ahead of permit issuance the Director shall have discretion to:
55.4.5.3.1 Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;
55.4.5.3.2 Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings; or
55.4.5.3.3 Resolve the violations and proceed with processing of the application.
55.4.5.4 Permit Limits and Permit Counting.
55.4.5.4.1 No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 31455.4.6.1.2.3.
55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable clearance or permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to five thousand (5,000) square feet may be permitted on a parcel of between five (5) and ten (10) acres with a zoning clearance certificate per Section 314-55.4.6.1.2.1.1).
55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Any commercial cannabis activity zoning clearance certificate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
ate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.
55.4.5.7 Annual Inspections. If the Inspector or other County official determines that the site does not comply with the conditions of approval, the Inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed. Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed time frames, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.
55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the Inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.
55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.
55.4.5.8.2 The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.
55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.
55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the
commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.
55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries shall be principally permitted with a zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified:
55.4.6.1 Eligibility Criteria – Resource Production and Residential Areas.
55.4.6.1.1 Zoning. AE, AG, FR, and U when accompanied by a resource production general plan land use designation (not including timberland) or residential land use designation requiring parcel sizes of more than five (5) acres.
55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area.
55.4.6.1.2.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.1.2.1.1Cultivation is located within the homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.1.2.1.2The property is owner-occupied; and
55.4.6.1.2.1.3Water source for irrigation is permitted and non-diversionary; and
55.4.6.1.2.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.1.2.1.5Permaculture is practiced; and
55.4.6.1.2.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.1.2.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.1.2.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.1.2.2Five (5) acre minimum parcel size, on parcels between five (5) and ten (10) acres in size:
55.4.6.1.2.2.1Up to five thousand (5,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.2.2Up to ten thousand (10,000) square feet of cultivation area with a special permit.
55.4.6.1.2.3On parcels ten (10) acres or larger in size:
55.4.6.1.2.3.1Up to ten thousand (10,000) square feet of cultivation area with a zoning clearance certificate;
55.4.6.1.2.3.2Up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a special permit.
55.4.6.1.2.4On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit; up to a maximum of eight (8) acres can be permitted. All cultivation areas must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.
55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas.
55.4.6.2.1 Zoning. C-3, ML, MH, and U when accompanied by a commercial or industrial general plan land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.
55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a zoning clearance certificate.
55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit.
Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse.
55.4.6.3 Eligibility Criteria – All Areas. ¶
55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use.
55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier. Water from on-site greywater systems is also authorized for year-round use. Dry farmed outdoor or mixed-light cultivation sites may utilize irrigation from diversionary sources for propagation areas and transplantation. Irrigation water sourced from diversionary sources may be permitted with a special permit pursuant to the streamside management area ordinance, Section 314-61.1, and subject to the performance standards for diversionary water use.
55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 314-55.4.12.1.8.
55.4.6.4 Siting Criteria – All Areas. ¶
55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less.
55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016.
55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited. Exceptions to the in native soil planting requirement may be considered with a use permit. Where an exception is sought, the use permit application shall include evidence demonstrating that in the circumstances of the particular cultivation site, it is better to not plant within the native soils. An exception shall only be approved if it can be demonstrated that the native soil will not be impaired or damaged.
55.4.6.4.4 Setbacks. ¶
55.4.6.4.4.1 Standard Setbacks. Cultivation site(s) must observe all of the following setbacks:
55.4.6.4.4.1.1 Property Lines. Thirty (30) feet from any property line. ¶
55.4.6.4.4.1.2 Residences and Undeveloped Parcels. Three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.
55.4.6.4.4.1.3 Sensitive Receptors. Six hundred (600) feet from a church or other place of religious worship, public park, tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.
55.4.6.4.4.1.4 Tribal Ceremonial Sites. One thousand (1,000) feet from all tribal ceremonial sites.
55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.
55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet may be allowed with a special permit; provided, that advance notice is given to the person or agency responsible for managing or supervising the management of those lands. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.
55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.
55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.
55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including surface water diversions, agricultural wells, and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting streamside
management areas (SMAs) or other wet areas, as identified and described under Section 314-61.1. Under certain circumstances, a special permit may be required.
55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 314-55.4.5.1.4 are subject to the following enhanced setbacks, unless confined within enclosed structures:
55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area;
55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.
55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 314-55.4.6.4.4.2.1 and 314-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of this section are not applicable to any commercial cannabis activities conducted on a parcel zoned MH or lands planned for General Industrial uses (IG).
55.4.6.5 Accommodations for Pre-Existing Cultivation Sites. As set forth in the following subsections, pre-existing cultivation sites that meet all other eligibility and siting criteria and performance standards may be permitted within AE, AG, RA, FR, FP, TPZ, and U zoning districts, where accompanied by a resource production general plan land use designation or residential land use designation requiring parcel sizes of more than five (5) acres. Expansion of pre-existing cultivation sites is prohibited where located within TPZ Zones or U Zones where the general plan land use designation is “timberland.” For other areas, where the size of a pre-existing cultivation site is smaller than the allowed cultivation area which can be permitted, the site may be expanded to the maximum allowed for the applicable parcel size and permit type within existing nonforested areas with slopes of fifteen percent (15%) or less.
Permit applications for pre-existing cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.
Except as stated below, applications for pre-existing cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of the documented pre-existing cultivation area and applications for pre-existing cultivation submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area. No new applications for pre-existing cultivation sites shall be accepted after December 31, 2019, except applications for cultivation sites of two thousand (2,000) square feet or less pursuant to Section 55.4.6.5.1.1: (a) may be submitted after December 31, 2019; and (b) may be permitted for one hundred percent (100%) of the documented pre-existing cultivation area up to two thousand (2,000) square feet.
55.4.6.5.1 Small Cultivation Sites. ¶
55.4.6.5.1.1Until September 30, 2025, on parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1On parcels five (5) acres or larger in size, up to two thousand (2,000) square feet of cultivation area is allowed on a property where all the following criteria are met:
55.4.6.5.1.1.1.1Cultivation is located within the two (2) acre homesite area of the home, and the home existed prior to January 1, 2016; and
55.4.6.5.1.1.1.2The property is owner-occupied; and
55.4.6.5.1.1.1.3Water source for irrigation is permitted and nondiversionary; and
55.4.6.5.1.1.1.4Cultivation is outdoor within permitted or ag exempted hoophouses or greenhouses without the use of lights or fans or other components which would otherwise require the use of electrical power; and
55.4.6.5.1.1.1.5Permaculture is practiced; and
55.4.6.5.1.1.1.6Cultivation is not located on, above, or disrupting leach field areas or systems; and
55.4.6.5.1.1.1.7The cultivation area is not located on a parcel with any other commercial cannabis activity; and
55.4.6.5.1.1.1.8The parcel is confirmed to be a legally created parcel.
Where an application for cultivation meets all the above criteria, the application is exempted from Section 55.4.12.1.8, Performance Standard–Road Systems, and as long as a special permit or conditional use permit is not otherwise required, the application shall be processed as a zoning clearance and approved within thirty (30) days, or will be automatically approved unless the applicant is notified in writing of specific deficiencies related to compliance with this section. The cost of the zoning clearance certificate shall not exceed the initial deposit for processing the application.
55.4.6.5.1.2On parcels five (5) acres or larger in size, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a zoning clearance certificate, subject to the following additional requirements and allowances:
55.4.6.5.1.2.1The operator’s principal residence is located on the same parcel and the residence was in existence before January 1, 2016.
55.4.6.5.1.2.2Not more than one (1) cultivation permit may be issued for the same parcel.
55.4.6.5.1.2.3The road systems performance standards in Section 55.4.12.1.8.1 shall not apply.
55.4.6.5.1.2.4The road systems performance standards in Sections 55.4.12.1.8.3 and 55.4.12.1.8.4 shall apply as follows:
55.4.6.5.1.2.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 55.4.12.1.8.4.1, and submit a report prepared pursuant to Section 55.4.12.1.8.3.2, unless one (1) has already been submitted for other commercial cannabis activity sites within the roadshed.
55.4.6.5.1.2.4.2Improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.
55.4.6.5.1.2.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.
55.4.6.5.2On an AE-zoned parcel less than one (1) acre in size, up to two thousand five hundred (2,500) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.3On parcels between one (1) acre and five (5) acres in size, up to three thousand (3,000) square feet of cultivation area may be permitted with a special permit.
55.4.6.5.4 A cultivation site located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a special permit.
55.4.6.5.5 In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit, subject to all applicable performance standards.
55.4.6.5.6 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation. In TPZ Zones and U Zones (with a land use designation of timberland) the use of generators and mixed-light cultivation is prohibited. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.
55.4.6.5.6.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.
55.4.6.5.6.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:
55.4.6.5.6.2.1Keeping of ancillary mother plants off-site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.
55.4.6.5.6.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).
55.4.6.5.6.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.
55.4.6.5.7 Provisional Permitting. An application for a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and
Building Department within one (1) year of issuance of the provisional clearance or permit. All violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event no more than two (2) years after the date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall then act as Hearing Officer.
As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.
55.4.6.5.8 Myers Flat Community Area. In the Myers Flat Community Area, on any sized parcel, the cultivation area of a preexisting site may be permitted with a special permit, up to a maximum of three thousand (3,000) square feet. Expansion is prohibited on parcels less than one (1) acre in size. The cultivation area setback requirement specified in Section 314-55.4.6.4.4.1.1 shall be reduced to the setbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
etbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.
55.4.6.5.9 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:
55.4.6.5.9.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that were in operation at any time between January 1, 2006, and January 1, 2016, and are located in TPZ, RA, U, AG, FR or AE Zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 314-55.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.
55.4.6.5.9.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting the eligibility criteria specified in Section 314-55.4.6.1 or 314-55.4.6.2 and the siting criteria specified in Sections 314-55.4.6.4 through 314-55.4.6.8, as well as all applicable performance standards specified in Section 314-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 314-55.4.5.1.4. Applications for RRR sites shall not be accepted after December 31, 2018.
55.4.6.5.9.3Operators of RRR sites shall be eligible to receive a zoning clearance certificate or special permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.
s on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.
55.4.6.5.9.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k). Up to two (2) RRR site zoning clearance certificates may be granted on relocation site parcels of ten (10) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation zoning clearance certificates issued for that parcel does not exceed twenty percent (20%) of the area of the relocation site parcel. With a special permit, more than two (2) RRR sites may be located on relocation site parcels of ten (10) acres or larger provided the cumulative total cultivation area for all commercial cannabis cultivation does not exceed twenty percent (20%) of the area of the relocation site parcel. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
l soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel. All zoning clearance certificate applications for RRR sites and relocation sites, including those submitted on or before December 31, 2016, shall be subject to compliance with the provisions of this subsection.
55.4.6.5.9.5In order to receive the benefits specified in Section 314-55.4.6.5.9.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard for remediation activities. The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so. The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt, shall on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.
55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis activities, including but not limited to bags, pots or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis and cannabis waste products, imported soil and soil
amendments not incorporated into native soil, generators, pumps, and structures not associated with noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.
For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 314-55.4.5.3 and Chapter 1 of Division 5 of this title.
55.4.6.7 Zoning Clearance Certificates for Open Air Cultivation Submitted under Prior Ordinance – Provisions for Neighborhood Compatibility. Where located in or within one thousand (1,000) feet of any incorporated city, sphere of influence (SOI) of any incorporated city, tribal lands, or within any of the following mapped community planning areas: Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek, zoning clearance certificate applications submitted prior to January 1, 2017, shall be subject to compliance with the following provisions, which are designed to ensure compatibility with surrounding land uses and control of potential nuisance, and are hereby retroactively applicable. For purposes of determining the Trinidad planning area, the city of Trinidad general plan shall be utilized.
55.4.6.7.1 Where there is no public controversy associated with an application, within three (3) months of effective date of this ordinance, the applicant may request the pending permit application or approved permit be considered or reconsidered as a special permit. If following appropriate public notice, there is no opposition to the special permit, the permit may be approved. In situations where there is public controversy, applicants and operators must choose to comply with one (1) of the following options:
55.4.6.7.1.1Demonstrate all areas of open air cultivation activities maintain setbacks of six hundred (600) feet or greater from any residence(s) located on a separately owned parcel, and are located six hundred (600) feet or greater from any residentially zoned area or applicable community planning area boundary.
55.4.6.7.1.2Confine all open air cultivation activities to enclosed structures.
55.4.6.7.1.3 Secure a Conditional Use Permit. In considering the use permit request, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.
55.4.6.7.1.4 Request Permit Cancellation. Permit holders shall be eligible for relocation incentives pursuant to the provisions of Section 314-55.4.6.5.9 and may be required to perform remediation of the site, where necessary.
55.4.6.7.2 Within ten (10) working days of these provisions becoming effective, the Department will provide written notice to all applicants and permit holders of sites subject to these provisions. The notice will include a ninety (90) day deadline for applicants and permit holders to provide a written decision to the Planning and Building Department declaring which option has been chosen to achieve compliance with this section. Failure to provide a timely response is a violation of the ordinance and shall be grounds for permit cancellation, penalties and enforcement pursuant to Section 314-55.4.5.3.
55.4.6.7.3 Permittees must obtain approval of all plans within eighteen (18) months of receiving written notice pursuant to Section 314-55.4.6.7.2, and must complete all work within thirty-six (36) months of the effective date of these provisions.
55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) shall be equally distributed among each of the twelve (12) discrete planning watersheds of Humboldt County as directed by the Board of Supervisors by resolution.
Once the permit cap for a given watershed has been reached, no additional permit applications for open air cultivation activities will be processed until the Planning Commission and Board of Supervisors consider an analysis of the state of the watershed and approves an increase in the cap. The analysis shall include review of water flow data and applicable studies or information prepared by State and local agencies and recommendations from the following State agencies: California Department of Fish and Wildlife, North Coast Regional Water Quality Control Board, State Water Resources Control Board, and the Department of Forestry and Fire Protection.
55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. Off-site processing, enclosed nurseries and community propagation centers must meet or exceed the setbacks from sensitive receptors and all cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
cannabis support facilities must meet or exceed the setbacks from tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.
55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Sections 314-55.4.6.1.1 (AE, AG, FR, and U) and 314-55.4.6.2.1 (C-3, ML, MH, and U), as well as C-2 and MB Zones, distribution, offsite processing, enclosed nurseries, community propagation centers shall be principally permitted with a zoning clearance certificate when meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and
the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3. Cannabis support facilities may also be permitted in CH and MB Zones with a special permit, where meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate in C-2, C-3, MB, ML, MH Zones, or U (when accompanied by a commercial or industrial general plan land use designation) or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 31455.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.
55.4.7.3 Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.8
55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and comply with the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4, and 314-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 31455.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:
55.4.8.1.1 Within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate, but may only be conducted within a nonresidential structure which was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size, with a special permit, up to 10,000 square feet of indoor cultivation may be permitted within a new or existing commercial structure, where the building is - also approved and utilized for cannabis support facilities. All properties must meet the locational criteria of Section 314 55.4.8.1.3 (no exceptions permitted) and the structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel. The cultivation area of the indoor facility shall be included in the calculation of total cultivation area of the parcel, where determining conformance with the (parcel size-specific) cultivation acreage limits of Section 314-55.4.6.1.2.3.
55.4.8.1.2 Within those zones specified under Section 314-55.4.6.2.1 (C-3, ML, MH, and U) MN with the Indoor Cultivation Q – Qualified Combining Zone, and C-2 as part of a microbusiness provided all cannabis activities occur within a building that is two (2) stories or less in height, cultivation area is limited to two thousand five hundred (2,500) square feet, and where the cultivation and cannabis activities are in scale with the surrounding community.
55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted with a zoning clearance certificate.
55.4.8.1.2.2Up to 10,000 square feet of cultivation area may be permitted with a special permit.
55.4.8.1.2.3A use permit shall be required where more than one (1) clearance or permit is being sought on a parcel.
55.4.8.1.3 Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.
pplication shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.
55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 31455.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4 and 314-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 314-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:
55.4.8.2.1 Flammable Extraction. ¶
55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit in the MH Zone, as well as the U zoning district, when accompanied by the industrial general (IG) land use designation.
55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit in the C-3 and ML Zones, as well as the U zoning district, where previously developed with a lawful heavy industrial use.
55.4.8.2.1.3Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), on properties meeting the locational criteria of Section 31455.4.8.2.3.3 (no exceptions permitted) where conducted within the footprint of a nonresidential structure that was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size or on parcels with a minimum of forty (40) acres where an agricultural cooperative association is the applicant, flammable extraction may also be permitted within a new commercial structure. The structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel.
55.4.8.2.1.4All manufacturing activities involving flammable extraction must be conducted within a commercial structure. Where located within those zones specified under Sections 314-55.4.8.2.1.2 and 314-55.4.8.2.1.3, the structure must meet or exceed the following special setbacks:
55.4.8.2.1.4.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 314-55.4.5.1.
55.4.8.2.1.4.2One thousand (1,000) feet from any residence located on a separately owned parcel.
55.4.8.2.1.4.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.
55.4.8.2.1.4.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.
55.4.8.2.2 Nonflammable Extraction. ¶
55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be principally permitted subject to issuance of a zoning clearance certificate within the C-3, ML, and MH Zones, as well as the U zoning district, when accompanied by an industrial land use designation.
55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit within CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit within those zones - specified under Section 314 55.4.6.1.1 (AE, AG, FR, and U).
55.4.8.2.2.4Manufacturing activities involving nonflammable extraction may be permitted with a zoning clearance certificate in association with a cannabis cultivation permit without on-site customer traffic, subject to the eligibility criteria and siting criteria required for the cultivation, and, if located within an FP or TPZ zone, the permitted manufacturing activities must occur within existing structures. Manufacturing activities permitted pursuant to this subsection are exempt from the locational criteria established in Section 55.4.8.2.4. Manufacturing activities permitted pursuant to this subsection are limited to the use of cannabis grown on the same parcel(s) or premises.
55.4.8.2.3 Infusion. ¶
55.4.8.2.3.1Manufacturing activities involving infusion may be principally permitted subject to issuance of a zoning clearance certificate within the CH, C-2, C-3, MB, ML, and MH Zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.
55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be principally permitted in all zones which permit cottage industry activities, when in compliance with all performance standards found within Section 314-45.1.3, or with a special permit pursuant to Section 314-45.1.4.
55.4.8.2.4 Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.9 Adaptive Reuse of Industrial Sites. On parcels two (2) acres or larger in size, within existing structures previously developed for a lawful heavy industrial operation, occupancy of up to one (1) acre of gross floor area may be permitted for use by commercial cannabis activities including: indoor cultivation, manufacturing, and cannabis support facilities. A zoning clearance certificate will be required for each discrete lease area. Where permitted occupancy and use of the site has reached one (1) acre, a use permit will be required to consider any further use of the site by commercial cannabis activities.
55.4.10 Other Provisions.
55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.
55.4.10.2 Farm-Based Retail Sales. In addition to the zones in which cannabis retail facilities may be permitted pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries, retail sales of cannabis products limited to those produced on the same parcel(s) or premises where the cannabis was cultivated, may occur as follows; provided, that the cultivator also obtains a State cannabis retail sale license, if necessary. Sales of any cannabis products not cultivated on the same parcel is prohibited, unless pursuant to a microbusiness permit and license. Sites hosting on-site customer traffic may be permitted with a conditional use permit. Sites without on-site customer traffic, where all goods are provided to customers through delivery, off-site pickup, or similar means to the extent authorized by law, may be permitted with a zoning clearance certificate. Farm-based retail sales are not permitted on any parcel zoned TPZ, or a parcel zoned U with an underlying land use designation of timberland.
55.4.10.3 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned FP or TPZ). In cases where the highest level of required permit among the proposed uses is a zoning clearance certificate, the microbusiness may be permitted with a zoning clearance certificate instead.
55.4.10.3.1 FP and TPZ Zones. Parcels zoned FP or TPZ may not host microbusinesses, except in cases fulfilling all the following requirements:
55.4.10.3.2.1All new commercial cannabis activities occur within existing structures;
55.4.10.3.2.2All cannabis product utilized on site is grown on site; and
55.4.10.3.2.3The site features no on-site customer traffic.
55.4.10.3.2Uses requiring a microbusiness permit per other sections of this code shall be presumed to require a special permit, unless otherwise stated.
55.4.10.4 Locational Criteria. Adult use retail sales, farm based retail sales with on-site customer traffic, and microbusinesses with onsite customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met. Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.
55.4.10.5 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a use permit as required by Section 314-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and city of Ferndale. Any event must be managed to ensure that (1) all cannabis vendor participants are licensed; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (3) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.
55.4.10.6 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit; provided, that: (1) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and, (3) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.
55.4.10.7 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours. Businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate, subject to meeting the following criteria:
55.4.10.7.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.
55.4.10.7.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.
Tour businesses not meeting the above criteria may be permitted with a special permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.
55.4.10.8 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties - in conformance with the public accommodation performance standards as specified in Section 314 60.05 (“Short-Term Rentals”).
55.4.10.9 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities. Transportation does not include warehousing or storage of cannabis.
55.4.10.10 Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.
55.4.10.11 Interim Permitting of Preexisting Cultivation Sites. Where adequate evidence has been submitted demonstrating that a cultivation site existed prior to January 1, 2016, permit applications seeking authorization of commercial cannabis cultivation and ancillary activities at these sites shall be eligible to receive an interim permit, provided the application was filed prior to January 1, 2017, and has been determined to be complete for processing by the Director of the Planning and Building Department. Prior to issuance of any interim permit, the Department shall independently review evidence of prior cultivation and specify the size of preexisting cultivation area (if any) based upon aerial and satellite imagery, or other substantial evidence.
Approval of the interim permit is conditional and shall occur through issuance of a zoning clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
g clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.
The interim permit authorizes the permittee to seek state licensure and continue operations until completion of the local permit review process and issuance or denial of a County permit, or January 1, 2019, whichever occurs first. The Director may extend this deadline for cause. Refusal of the Director to issue or extend an interim permit shall not entitle the applicant to a hearing or appeal of the decision. Additionally, approval of any interim permit does not obligate the County to approve a noninterim permit or extension of the interim permit. Permit cancellation and disqualification of the property from future permitting shall be decided by the Zoning Administrator or the Planning Commission at a noticed public hearing. Those decisions may be appealed to the Board of Supervisors pursuant to the appeal procedures outlined under Section 312-13 of these regulations.
55.4.11 Application Requirements for Clearances or Permits. Applications may be required to include any or all of the following information, depending on permit activities and location: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, tribal cultural resources, and historical resources; assessments of projectrelated noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a preexisting cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board.
The County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA). All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.
55.4.12 Performance Standards. ¶
55.4.12.1 Performance Standards for All Commercial Cannabis Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.
55.4.12.1.1 Maintain compliance with all applicable State laws and County ordinances.
55.4.12.1.2 Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.
55.4.12.1.3 Where subject to State licensure, participate in local and State programs for “track and trace” once available.
55.4.12.1.4Maintain a current, valid business license at all times.
55.4.12.1.5 Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours prior notice, to be conducted by appropriate County officials during regular business hours (Monday – Friday, 9:00 a.m. – 5:00 p.m., excluding holidays).
55.4.12.1.6Pay all applicable application and annual inspection fees.
55.4.12.1.7 Comply with any special conditions applicable to the permit or premises which may be imposed.
55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable:
55.4.12.1.8.1 Standard 1 – Dead-End Road Length. Projects shall not be located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or secondary access for emergency vehicles and personnel, including wildland fire equipment.
Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.
55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:
55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a center-line stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or
55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of the road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County, including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.
55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.
55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s).
55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.
55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” which was adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:
55.4.12.1.8.3.1.1Impacts from point source and nonpoint source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.
55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.
55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.
55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.
55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.
55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.
55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.
55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing. ¶
55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA secretary, or similar information.
55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.
55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.
55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.
55.4.12.1.9 The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited.
55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing new development activities shall provide the necessary information to implement the following mitigation measures from the final environmental impact report:
| Mitigation Measure # |
Description of Mitigation |
|---|---|
| 3.4-1a | Biological reconnaissance surveys |
| 3.4-1b | Special-status amphibian surveys and relocation/buffers |
| 3.4-1c | Westernpond turtle surveys and relocation/buffers |
| 3.4-1d | Nestingraptor surveys and relocation/buffers |
| 3.4-1e | Northern spotted owl surveys |
| 3.4-1f | Special-status nestingbird surveys/buffers |
| 3.4-1g | Marbled murrelet habitat suitabilitysurveys/buffers |
| 3.4-1i | American badger surveys and buffers |
| 3.4-1j | Fisher and Humboldt marten surveys and den site preservation/buffers |
| 3.4-1k | Bat surveyand buffers |
| 3.4-1l | Vole surveyand relocation/buffers |
| 3.4-3a | Special-statusplants surveys |
| Mitigation Measure # |
Description of Mitigation |
| --- | --- |
| 3.4-4 | Protection of sensitive natural communities, riparian habitat,wetland vegetation |
| 3.4-5 | Waters of the United States |
| 3.4-6b | Retention of Fisher and Humboldt marten habitat features |
Exception: This section shall not apply to new development activities within the footprint of existing structures or proposed on lands planned or zoned for commercial or industrial activities.
During permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required in concert with consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites that submitted for permitting prior to December 31, 2019, within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to participate in the retirement, remediation, and relocation provisions of the proposed ordinance to relocate the cannabis cultivation to outside of the northern spotted owl activity area.
55.4.12.1.11 Hazardous Material Site Assessments and Contingency Plans. Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I environmental site assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
l risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.
55.4.12.1.11.1Where contamination at the project site has been verified, a hazardous materials contingency plan shall be submitted for County review and approval during permit review. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance.
55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.
55.4.12.1.11.3If at any time during construction, evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.
55.4.12.1.12 Storm Water Management. Applications for cannabis activities shall include a plan detailing how storm water will be addressed for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain pre-project drainage conditions, and in particular that there will be no net increase in the volume of storm water runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.
55.4.12.1.13 Management of Waste and Hazardous Materials. ¶
55.4.12.1.13.1Applications shall include a plan for disposal of project-related waste, including: solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.)
55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a materials management plan which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment.
55.4.12.1.14 Protection of Historical Resources. Applications proposing projects which include the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s professional qualification standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.
55.4.12.1.15 Inadvertent Discovery of Archaeological and Paleontological Resources. ¶
55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate tribal historic preservation officer(s), shall be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.
55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.
55.4.12.2 Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties. General standards applicable to all commercial cannabis activities:
55.4.12.2.1 All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).
55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies.
55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.
Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.
55.4.12.2.4 All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.
Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.
55.4.12.2.5 Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as a sudden, unexpected occurrence demanding immediate action.
55.4.12.2.6 Provide and maintain an approved means of sewage disposal.
55.4.12.2.7 All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.
55.4.12.2.8 All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday.
55.4.12.2.9This performance standard shall apply to all permittees, regardless of whether an application was submitted prior to or after December 31, 2016. Permittees shall provide and maintain security in an amount the department determines to be sufficient to
secure timely payment of annual taxes imposed by Chapter 9 of Division 1 of Title VII. Permittees shall provide and maintain such security in one (1) of the following forms:
55.4.12.2.9.1Cash, or a cash equivalent;
55.4.12.2.9.2A bond or bonds duly executed by an admitted surety insurer, as defined by Section 995.120 of the Code of Civil Procedure, payable to the County; or
55.4.12.2.9.3Written agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
ten agreement of the record owner of the premises consenting to collection on the property tax roll of all taxes, penalties, and other obligations arising out of Chapter 9 of Division 1 of Title VII, as to the premises. Upon such consent, the department shall inform the County Assessor, and the Tax Collector shall collect those sums at the time and in the same manner as ad valorem property taxes.
To maintain a permit or certificate, such security shall be in place by January 1st of each year that the permit or certificate is granted or prior to commencement of cultivation for permits granted after January 1st of that year. If the Planning Department does not receive the security prior to January 1st or commencement of cultivation, the permit or certificate shall be deemed to have expired.
55.4.12.3 [Reserved for Future Use] ¶
55.4.12.4 Performance Standard for Light Pollution Control.
55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded so that no light escapes between sunset and sunrise.
55.4.12.4.2Where located on a parcel abutting a residential zoning district or proposed within resource production or rural residential areas, any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.
55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 314-55.4.5.3.
55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:
55.4.12.5.1 Grid power supplied from one hundred percent (100%) renewable source.
55.4.12.5.2 On-site renewable energy system with twenty percent (20%) net nonrenewable energy use.
55.4.12.5.3 Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.
Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.
55.4.12.6 Performance Standard for Noise at Cultivation Sites. Noise from cultivation and related activities shall not result in an increase of more than three decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three or more property lines when all cannabis related activities are not in operation.
55.4.12.6.1In TPZ Zones and U Zones (with a general plan land use designation of timberland), the use of generators is prohibited.
55.4.12.6.2Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result.
55.4.12.6.3The permit application must include information demonstrating compliance with the noise standards, including but not limited to:
55.4.12.6.3.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.
55.4.12.6.3.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).
55.4.12.6.3.3Details on the design of any structure(s) or equipment used to attenuate noise.
55.4.12.6.3.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.
55.4.12.7 Performance Standards for Cannabis Irrigation. A special permit shall be required where irrigation of commercial cannabis cultivation activities occurs wholly or in part using one (1) or more diversionary sources of water. All cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:
55.4.12.7.1 Documentation of Current and Projected Water Use. All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff and will be used to assist in identifying and establishing an appropriate forbearance period. At a minimum, the following items shall be included:
55.4.12.7.1.1Information identifying the cultivation season(s).
55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.
55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, showing volume in gallons.
55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.
55.4.12.7.2 Forbearance Period and Storage Requirements. ¶
55.4.12.7.2.1 Operators of cannabis cultivation site(s) shall forbear from diversions of surface water for irrigation during periods of low or reduced stream flows, in accordance with requirements of the State Water Resources Control Board.
55.4.12.7.2.2The County may require the submittal of a water management plan prepared by a qualified person such as a licensed engineer, hydrologist, or similar licensed professional, establishing a smaller or larger water storage and forbearance period, if required, based upon local site conditions.
55.4.12.7.2.3Where subject to forbearance, the applicant shall provide a plan for developing adequate on-site water storage to provide for irrigation, based on the size of the area to be cultivated.
55.4.12.7.3 Metering and Recordkeeping. ¶
55.4.12.7.3.1A metering device shall be installed and maintained on all discrete points of diversion or other locations of water withdrawal (including wells). The meter shall be located at or near the point of diversion or withdrawal.
55.4.12.7.3.2A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.
55.4.12.7.3.3Operators shall maintain a weekly record of water collected from diversionary sources, as well as a record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site, and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.
55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:
55.4.12.8.1 Ponds and Reservoirs. ¶
55.4.12.8.1.1Except in limited circumstances where already permitted or existing, ponds shall be located “off-channel” from watercourses and adequately setback from streams, springs, and other hydrologic features.
55.4.12.8.1.2To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.
55.4.12.8.1.3Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from, or outlets to, a nearby stream or wetland.
55.4.12.8.1.4Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.
55.4.12.8.1.5All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be
submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting time frames.
55.4.12.8.2 Bladders and Aboveground Pools, and Similar Vessels. Use of bladders, aboveground pools, and similar vessels is prohibited. Where a preexisting cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.
55.4.12.8.3 Tanks Located in Designated Flood Zones. Tanks shall be sited at least one (1) foot above the base flood elevation or wet flood proofed and anchored.
55.4.12.9 Performance Standard for Wells on Small Parcels. Cultivation site(s) located within areas planned or zoned for lot sizes of ten (10) acres or smaller where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. These tests shall be preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.
operation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.
55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.
55.4.12.11 Existing Site Reconfiguration. ¶
55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.
55.4.12.11.2A biological resource protection plan must be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within a streamside management area, sensitive plant community, or area of similar biological sensitivity.
55.4.12.11.3Any new timberland conversion proposed in association with cultivation site reconfiguration must not exceed the areas of existing conversion to be relocated.
Preexisting cultivation areas to be relocated must be restored to pre-disturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.
All relocated road segments must be fully decommissioned and restored to pre-disturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.
55.4.12.11.5All remediation activities shall be performed in accordance with the remediation performance standard.
55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.
55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.
55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.
55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).
55.4.12.13 Performance Standard for Remediation Activities. All remediation activities shall be conducted in accordance with the requirements for mitigation and monitoring plans described within Section 314-61.1, including the standards for documentation, reporting, and adaptive management.
55.4.12.14 Performance Standard for Public Accommodations. ¶
55.4.12.14.1Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:
55.4.12.14.1.1Public visitation may be principally permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts or where zoned unclassified and planned for or developed with lawful commercial or industrial uses, when meeting the requirements of this section.
55.4.12.14.1.2Public visitation may be permitted with a special permit at sites located within those zones listed under Section 31455.4.6.1.1 (AE, AG, FR, and U), when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 314-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.
55.4.12.14.1.3Visitation by the general public may include tours and tour groups, farm stays, farm-based retail sales, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a conditional use permit pursuant to Section 314-62.1.
55.4.12.14.2 The following standards apply to any commercial cannabis activity site open to the public:
55.4.12.14.2.1Sites located in those zones specified in Section 314-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. to 6:00 p.m.
55.4.12.14.2.2Restroom facilities shall be provided for visitors to the site.
55.4.12.14.2.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).
55.4.12.14.2.4Agricultural-exempt structures may not be opened to visitation by the general public.
55.4.12.14.2.5 Road System and Driveways. ¶
55.4.12.14.2.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.
55.4.12.14.2.5.2Sites shall have a driveway and turnaround area meeting the following requirements:
55.4.12.14.2.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.
55.4.12.14.2.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.
55.4.12.14.2.5.2.3A turnaround shall be within fifty (50) feet of the parking area.
55.4.12.14.2.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
55.4.12.14.2.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.
55.4.12.14.2.6 Parking. ¶
55.4.12.14.2.6.1Sites shall provide adequately sized on-site parking for tour vehicles.
55.4.12.14.2.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.
55.4.12.15 Performance Standards for Tour Operators and Tour Sites.
55.4.12.15.1 Tour Operators. Tour operators shall comply with all of the following measures:
55.4.12.15.1.1The use of sound amplification equipment outside the tour vehicle is prohibited.
55.4.12.15.1.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.
55.4.12.15.1.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.
55.4.12.15.1.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.
55.4.12.15.2 Tour Site Eligibility Criteria. Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:
55.4.12.15.2.1The site(s) conform with the public accommodation performance standard.
55.4.12.15.2.2Visitation is restricted to vehicles in compliance with the applicable weight restriction.
55.4.12.16 Invasive Species Control. It is the responsibility of a certificate or permit holder to work to eradicate invasive species. As part of any application, the existence of invasive species on the project parcel need to be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required if invasive species are found to have returned.
55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:
55.4.13.1Cultivation area of three thousand (3,000) square feet or less.
55.4.13.2Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.
55.4.13.3Grown exclusively with natural light.
55.4.13.4Meets organic certification standards or the substantial equivalent.
55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 314-43.2, right to farm ordinance, said statement shall include information describing the possibility of commercial cultivation of cannabis.
55.5 INDUSTRIAL HEMP LAND USE REGULATIONS ¶
55.5.1 Purpose and Intent. The purpose of this section is to establish land use regulations for the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the Inland Area of the County of Humboldt which reduce negative impacts of industrial hemp cultivation on our community and environment.
55.5.2 Applicability and Interpretation. ¶
55.5.2.1All facilities and activities involved in the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section.
55.5.2.2 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.
55.5.3 Definitions. “Industrial hemp” means a crop agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa Linnaeus and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths percent (0.3%) on a dry weight basis.
55.5.4 General Provisions Applicable to Industrial Hemp Cultivation and Registration of Industrial Hemp Cultivation Sites.
55.5.4.1Cultivation of industrial hemp by any person or entity for any purpose is expressly prohibited in all zoning districts in the unincorporated area of the County. Additionally, “established agricultural research institutions” as defined in Food and Agriculture Code Section 81000, are similarly prohibited from cultivating industrial hemp for agricultural or academic research purposes.
55.5.4.2Acceptance of any application for or issuance of a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the cultivation of industrial hemp is expressly prohibited in all zoning districts in the unincorporated area of the County. (Ord. 2593, 2/27/2018; Ord. 2599, §§ 1 – 4, 5/8/2018; Ord. 2615, § 1, 11/13/2018; Ord. 2652, § 2, 10/6/2020; Ord. 2653, § 2, 10/6/2020; Ord. 2654, § 2, 10/6/2020; Ord. 2667, § 2, 2/9/2021; Ord. 2670, § 2, 2/23/2021; Ord. 2683, §§ 2, 3, 9/21/2021; Ord. 2732, § 9, 3/5/2024; Ord. 2759, § 1, 3/18/2025; Ord. 2778, §§ 2, 3, 11/18/2025)
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314-56.5 COMMERCIAL RESIDENTIAL DEVELOPMENT
56.5.1 Purpose. The purpose of these regulations is to allow dwellings and mixed-use development within commercial and limited industrial areas to encourage housing development and infill.
56.5.2 Applicability. These regulations shall apply in Neighborhood Commercial (C-1), Community Commercial (C-2), Industrial Commercial (C-3), Highway Service Commercial (CH), and Business Park (MB) where the property is served by public water and sewer service including service from a Community Services District. In these Zones not served by public water and sewer a Special Permit is required.
56.5.3 Development Standards for Commercial Residential. ¶
56.5.3.1 Site Eligibility. Commercial residential cannot be on a site or adjoining a site where more than one-third (1/3) of the square footage is dedicated to industrial use.
56.5.3.2 Density. The maximum residential density shall be thirty (30) dwelling units per acre. If only residential use is proposed on a vacant lot, there shall be a minimum residential density of fifteen (15) dwelling units per acre.
56.5.3.2.1 Density Bonus. Density may exceed the maximum of thirty (30) dwelling units per acre if the affordability provisions are met. Eligibility criteria for Density Bonus is codified in Section 314-112.1.
56.5.3.3 Parking. With approval of an administrative permit, a commercial residential project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts. Approval of reductions in required parking and sharing of parking shall be based on substantial evidence provided by the applicant documenting the adequacy of fewer spaces. Documentation may include but is not limited to customer traffic, location within one-half (1/2) mile of a transit stop with a clear path of travel and connection with appropriate pedestrian and bicycle facilities, available public parking, surrounding land use mix, or peak parking demand of adjacent uses.
56.5.3.3.1 Exceptions to Parking Standards. Parking standards for new residential units allowed as a commercial residential development shall not apply if the commercial residential development is located within one-half (1/2) mile walking distance of public transit with a clear path of travel and connection with appropriate pedestrian and bicycle facilities.
56.5.3.4 Existing Commercial Use. Conversion of existing commercial space into residential space shall not result in the eviction of existing businesses, except for housing developments allowed by right pursuant to Government Code Section 65852.24 which shall comply with Government Code Section 65852.24(c).
56.5.3.5 No Short-Term Rentals. Rental of any unit created pursuant to this section shall be for a term longer than thirty (30) days. (Ord. 2747, § 2, 10/1/2024)
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314-56.5 COMMERCIAL RESIDENTIAL DEVELOPMENT
56.5.1 Purpose. The purpose of these regulations is to allow dwellings and mixed-use development within commercial and limited industrial areas to encourage housing development and infill.
56.5.2 Applicability. These regulations shall apply in Neighborhood Commercial (C-1), Community Commercial (C-2), Industrial Commercial (C-3), Highway Service Commercial (CH), and Business Park (MB) where the property is served by public water and sewer service including service from a Community Services District. In these Zones not served by public water and sewer a Special Permit is required.
56.5.3 Development Standards for Commercial Residential. ¶
56.5.3.1 Site Eligibility. Commercial residential cannot be on a site or adjoining a site where more than one-third (1/3) of the square footage is dedicated to industrial use.
56.5.3.2 Density. The maximum residential density shall be thirty (30) dwelling units per acre. If only residential use is proposed on a vacant lot, there shall be a minimum residential density of fifteen (15) dwelling units per acre.
56.5.3.2.1 Density Bonus. Density may exceed the maximum of thirty (30) dwelling units per acre if the affordability provisions are met. Eligibility criteria for Density Bonus is codified in Section 314-112.1.
56.5.3.3 Parking. With approval of an administrative permit, a commercial residential project may reduce the required vehicle parking by up to fifty percent (50%) of the spaces for the residential use, and off-street parking facilities for one (1) mixed use may provide parking facilities for other proposed uses within the same development site when the demand for the parking spaces does not result in conflicts. Approval of reductions in required parking and sharing of parking shall be based on substantial evidence provided by the applicant documenting the adequacy of fewer spaces. Documentation may include but is not limited to customer traffic, location within one-half (1/2) mile of a transit stop with a clear path of travel and connection with appropriate pedestrian and bicycle facilities, available public parking, surrounding land use mix, or peak parking demand of adjacent uses.
56.5.3.3.1 Exceptions to Parking Standards. Parking standards for new residential units allowed as a commercial residential development shall not apply if the commercial residential development is located within one-half (1/2) mile walking distance of public transit with a clear path of travel and connection with appropriate pedestrian and bicycle facilities.
56.5.3.4 Existing Commercial Use. Conversion of existing commercial space into residential space shall not result in the eviction of existing businesses, except for housing developments allowed by right pursuant to Government Code Section 65852.24 which shall comply with Government Code Section 65852.24(c).
56.5.3.5 No Short-Term Rentals. Rental of any unit created pursuant to this section shall be for a term longer than thirty (30) days. (Ord. 2747, § 2, 10/1/2024)
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58.1 PUBLIC USES ¶
Public uses as defined in this Code, shall be permitted in any zone without the necessity of first obtaining a Use Permit. However, the locations of proposed public uses shall be submitted to the Planning Commission for recommendation at least thirty (30) days prior to the acquisition of sites or rights-of-way for the public use. (Former Section INL#316-14; Ord. 519 Sec. 614, 5/11/65)
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58.1 PUBLIC USES ¶
Public uses as defined in this Code, shall be permitted in any zone without the necessity of first obtaining a Use Permit. However, the locations of proposed public uses shall be submitted to the Planning Commission for recommendation at least thirty (30) days prior to the acquisition of sites or rights-of-way for the public use. (Former Section INL#316-14; Ord. 519 Sec. 614, 5/11/65)
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59.1 REMOVAL OF NATURAL MATERIALS ¶
Surface removal of minerals and natural materials, including building and construction materials to be used for commercial purposes, shall be allowed in any zone with a use permit. A discretionary (special or conditional use) permit is not required for onsite excavation and removal of material for normal construction of buildings, structures or underground facilities, or where such removal is primarily for grading and land leveling, except where the activity is subject to the Streamside Management Area Ordinance, Section 314-61.1. (Ord. 519, § 617, 5/11/1965; Ord. 2275, § E, 5/28/2002)
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59.1 REMOVAL OF NATURAL MATERIALS ¶
Surface removal of minerals and natural materials, including building and construction materials to be used for commercial purposes, shall be allowed in any zone with a use permit. A discretionary (special or conditional use) permit is not required for onsite excavation and removal of material for normal construction of buildings, structures or underground facilities, or where such removal is primarily for grading and land leveling, except where the activity is subject to the Streamside Management Area Ordinance, Section 314-61.1. (Ord. 519, § 617, 5/11/1965; Ord. 2275, § E, 5/28/2002)
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60.05 SHORT-TERM RENTALS ¶
60.05.1 Purpose. The purpose and intent of this section (the “Short-Term Rental Ordinance”) is to protect and promote the public health, safety and welfare, support tourism and economic development, protect housing stock, preserve the quality of neighborhoods, and balance the needs of property owners, tenants, and neighbors.
60.05.2 Applicability. These provisions apply when dwelling units are used as short-term rentals.
60.05.3 Allowed Zones. Short-term rentals may be permitted in zoning districts where residential use is a permitted use subject to these regulations.
60.05.4 Application. In addition to all materials required for a permit pursuant to Section 312-5.2, a complete application for a ShortTerm Rental Permit shall include the following:
60.05.4.1Current grant deed for the subject parcel.
60.05.4.2 Good Neighbor Guide. Consistent with the provisions of subsections 314-60.05.9.1.2.3 and 314-60.05.10.4.
60.05.4.3Affidavit signed by the permit holder confirming delivery of the Good Neighbor Guide to all neighbors in the closest ten (10) dwellings and within three hundred (300) feet up and down the street, if applicable.
60.05.4.4Evidence of property owner consent if the permit holder is someone other than the property owner. If the property owner withdraws consent at any time when the permit is active, the permit is immediately revoked.
60.05.4.4.1Where the owner is an LLC or other corporation, the ownership of the corporation(s) shall include the people who own the corporation or controlling corporation via an ownership roster or operating agreement identifying all parties involved within the LLC or other corporation(s) for said owner or operator.
60.05.4.5Access route, if seeking a Special Permit and the site is accessed via a shared private road system.
60.05.4.6 Farm Stay Applications. Provide documentation describing the educational activities or experiences in which the tenants will participate in as an immersive encounter with agricultural living.
60.05.5 Existing Operations. No permits for whole dwelling unit short-term rentals shall be issued during the first two (2) months following the effective date of this section but applications from individuals operating existing short-term rentals will be received. Three (3) months after the effective date of the ordinance codified in this section, the Department will issue permits for qualifying locations with existing short-term rentals. An existing short-term rental shall be determined based on evidence of operation prior to October 26, 2023. If the number of permits issued for existing short-term rentals exceeds the cap identified in subsection 31460.05.10.2.1, then no permits will be issued for new short-term rentals until the number of permitted short-term rentals in the County falls below the cap. A permit shall not be issued on a parcel with active violations.
60.05.6 Permit Requirements. ¶
60.05.6.1 Administrative Permit Required. A short-term rental meeting the requirements herein shall be permitted with an Administrative Permit.
60.05.6.2 Special Permit Required. A short-term rental seeking exception from standards identified in subsections 314-60.05.9.1 and 314-60.05.10.3 may only be allowed upon issuance of a Special Permit.
60.05.6.2.1 Required Findings. A Special Permit for a short-term rental may be approved only if the following findings are made:
60.05.6.2.1.1The short-term rental would not result in significant adverse effects on the health, safety, and welfare of the community; and
60.05.6.2.1.2The short-term rental would not result in significant adverse effects on the quality of the neighborhood.
60.05.6.2.2 Special Noticing Requirements. In addition to following the procedures identified in Section 312-8.1, Notice of Application Submittal, notice shall be sent to all owners and occupants of property accessed through shared private road system.
60.05.7 Permit Term for Short-Term Rentals. All Short-Term Rental Permits (including nonconforming approvals) shall lapse two (2) years after the effective date of the permit unless all of the following requirements are met:
60.05.7.1The permit holder shall submit a statement of continued operation as provided by the Planning and Building Department, indicating a desire to continue operation; provided, that there is evidence of hosting stays; and
60.05.7.2There are no outstanding violations associated with the permit; and
60.05.7.3The permit holder shall submit evidence showing that no outstanding taxes are associated with the subject parcel;
60.05.7.4A fee which allows for review of the materials and investigation of any complaints and violations as established in the County Fee Schedule.
60.05.8 Violations. Continuous use of a short-term rental without resolution of the violation(s) of this section may result in code enforcement action, permit suspension or permit revocation.
60.05.8.1 Suspension or Revocation. Consistent with the procedures in Section 312-14, a short-term rental permit may be suspended or revoked for violations of the Short-Term Rental Ordinance and/or violations of permit terms or conditions.
60.05.9 Home-Share Rental. This section applies to home-share rentals which are a short-term rental of a portion of a dwelling unit where the caretaker remains in residence.
60.05.9.1 Standards for Home-Share Rentals. ¶
60.05.9.1.1 Health and Safety Standards. Exception to standards in subsections 314-60.05.9.1.1.3 and 314-60.05.9.1.1.4 may be sought with a Special Permit.
60.05.9.1.1.1 Building, Fire and Health.
60.05.9.1.1.1.1Dwellings shall be permitted or legal nonconforming.
60.05.9.1.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the dwelling unit.
60.05.9.1.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
60.05.9.1.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
60.05.9.1.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
60.05.9.1.2 Neighborhood Quality and Public Nuisance Standards. Exception to standard in subsection 314-60.05.9.1.2.4 may be sought with a Special Permit.
60.05.9.1.2.1 Resident Caretaker. The caretaker shall reside within the dwelling unit and be present when rooms are occupied by guests.
60.05.9.1.2.2 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
60.05.9.1.2.3 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
60.05.9.1.2.3.1Name and telephone number for a caretaker who shall:
60.05.9.1.2.3.1.1Respond to all questions or concerns timely.
60.05.9.1.2.3.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code timely.
60.05.9.1.2.3.2Location of the approved parking spaces.
60.05.9.1.2.3.3Permit standards.
60.05.9.1.2.3.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
60.05.9.1.2.3.5Traffic etiquette guidelines.
60.05.9.1.2.4 Parking. Each home-share rental shall provide one (1) off-street parking space per rented bedroom. Where legal onstreet parking is available, one (1) on-street parking space may count toward the minimum number of parking spaces required.
60.05.10 Short-Term Rental. This section applies to short-term rental of whole dwelling units. Short-term rentals may be rented for the whole or a portion of the year. A residence which is rented on a short-term basis for sixty (60) consecutive days or fewer out of the year does not count against the cap; provided, that it is occupied as long-term housing for the remainder of the year.
60.05.10.1 Short-Term Rentals Prohibited. Short-term rentals are not allowed in dwellings with any of the following limitations:
60.05.10.1.1 Recorded Limitation. Dwellings subject to a recorded covenant, agreement, deed restriction or other recorded document to which the County is a party that limits the use of the dwelling to affordable housing, or otherwise prohibits use as a short-term rental.
60.05.10.1.2 SB9 California H.O.M.E. Act. Dwellings on lots approved pursuant to Section 66411.7 of Chapter 1 of Division 2 of Title 7 of the California Government Code (SB 9 – “The California H.O.M.E. Act”) shall not be permitted as short-term rentals.
60.05.10.1.3 Accessory Dwelling Unit. ADUs permitted after January 1, 2020, shall not be permitted as short-term rentals.
60.05.10.1.4 Alternative Owner Builder. Dwellings permitted pursuant to the alternative owner builder (AOB) provisions of Section 331.5-4 shall not be permitted as short-term rentals.
60.05.10.1.4.1AOB dwellings may be permitted after-the-fact, pursuant to the building code in effect at the time of original permit issuance. A Short-Term Rental Permit application may be submitted concurrently with the Building Permit application. The permit for the short-term rental shall not be approved until after the certificate of occupancy is issued by the Building Division.
60.05.10.2 Short-Term Rental Permit Limitations.
60.05.10.2.1 Short-Term Rental Cap. The total number of short-term rentals shall be limited.
60.05.10.2.1.1Not more than two percent (2%) of the overall housing stock may be permitted as short-term rentals in the Greater Humboldt Bay Area Short-Term Rental Cap Area which is comprised of the following Community Plan Areas: Trinidad-Westhaven Community Plan Area (CPA), McKinleyville CPA, Fieldbrook-Glendale CPA, Blue Lake CPA, Arcata CPA, Jacoby Creek CPA, Freshwater CPA, Eureka CPA, Fortuna CPA, Hydesville-Carlotta CPA and the Rio Dell-Scotia CPA. In addition to the two percent (2%) cap on short-term rentals in the Greater Humboldt Bay Area, not more than two percent (2%) of housing stock within each Community Plan Area can be used for short-term rentals. Farm stays and homes listed on the local, State, or Federal Historic Registry are exempt from the cap.
60.05.10.2.1.2Not more than five percent (5%) of the overall housing stock outside of the Greater Humboldt Bay Area Short-Term Rental Cap Area may be permitted as short-term rentals with the exception of Shelter Cove which has no limit. If the cap is exceeded, a short-term rental may be approved with a Special Permit.
60.05.10.2.1.3In areas where the cap applies, applications for existing short-term rentals can be submitted for sixty (60) days from the effective date of the ordinance codified in this section. The Department shall assess the status of the cap within ninety (90) days of the effective date of the ordinance codified in this section. No applications for new permits will be accepted within the area subject to the cap within ninety (90) of the effective date of the ordinance codified in this section.
60.05.10.2.2 Nontransferable. Short-Term Rental Permits shall not be transferred between property owners.
60.05.10.2.3 Per Person Limit. An individual or business shall not own more than three (3) parcels with Short-Term Rental Permits.
60.05.10.2.4 Resource Zone Districts. Short-term rentals in Agriculture Exclusive Zone, Agriculture General Zone, Forestry Recreation Zone, and Timberland Production Zone may only be permitted as farm stays except as follows:
60.05.10.2.4.1In Agriculture General Zones, on parcels less than two and one-half (2.5) acres, short-term rentals shall be as allowed consistent with these provisions; and
60.05.10.2.4.2In Agriculture General Zones on parcels between two and one-half (2.5) and ten (10) acres, short-term rentals may be considered with a Special Permit; and
60.05.10.2.4.3In Agriculture General Zones, on parcels less than five (5) acres, homeshares shall be as allowed consistent with these provisions.
60.05.10.2.5 No Violations. A permit shall not be issued on a parcel with active violations.
60.05.10.3 Standards for Short-Term Rentals.
60.05.10.3.1 Health and Safety. Exception to standards in subsections 314-60.05.10.3.1.3 and 314-60.05.10.3.1.4 may be sought with a Special Permit.
60.05.10.3.1.1 Building and Fire.
60.05.10.3.1.1.1Dwellings shall be permitted or legal nonconforming.
60.05.10.3.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the short-term rental.
60.05.10.3.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
60.05.10.3.1.3 Access. The access road shall operate at a function equivalent of a Category 3 road.
60.05.10.3.1.3.1 Road Maintenance Association (RMA). If a private access road has an established RMA, the permit-holder shall be a member in good standing.
60.05.10.3.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
60.05.10.4 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
60.05.10.4.1Name and telephone number for a caretaker who shall:
60.05.10.4.1.1Respond to all questions or concerns timely.
60.05.10.4.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code timely.
60.05.10.4.2Location of the approved parking spaces.
60.05.10.4.3Permit standards.
60.05.10.4.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
60.05.10.4.5Traffic etiquette guidelines.
60.05.10.5 Lighting. No direct light shall spill onto adjacent properties or create glare above the property.
60.05.10.6 Neighborhood Quality and Public Nuisance. These provisions apply to parcels that are within a Community Plan Area, are less than ten (10) acres in area, and where the short-term rental is located within one thousand (1,000) feet of the nearest neighboring residence. Exception to standards in subsections 314-60.05.10.6.1 through 314-60.05.10.6.2.5 may be sought with a Special Permit.
60.05.10.6.1 Per Parcel Limit. One (1) short-term rental may be permitted per legal parcel.
60.05.10.6.2 Neighborhood Concentration. Each short-term rental may not exceed the following neighborhood concentration limitations, except within the Shelter Cove Community Plan Area where this standard does not apply:
60.05.10.6.2.1Parcels with a General Plan density of one (1) or more dwelling units per acre.
60.05.10.6.2.1.1Short-term rentals shall not exceed ten percent (10%) of the dwellings on the access road (one (1) dwelling for roads with less than ten (10) dwellings); and
60.05.10.6.2.1.2There shall not be another short-term rental within six hundred (600) feet of the proposed short-term rental, measured as a six hundred (600) foot radius from the center of the dwelling used for the short-term rental.
60.05.10.6.2.2Parcels with a General Plan density of less than one (1) dwelling unit per acre.
60.05.10.6.2.2.1Short-term rentals shall not exceed twenty percent (20%) of the dwellings on the access road (one (1) dwelling for roads with less than five (5) dwellings).
60.05.10.6.2.3 Private Gatherings and Parties. Gatherings and parties shall have no more than twice the maximum occupancy of the short-term rental, only allowed during the hours of 8:00 a.m. to 10:00 p.m. (not eligible for stay). If gatherings are intended, they must be included in the application for the short-term rental and the application must include provisions for parking, which can be on street where allowed.
60.05.10.6.2.4 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
60.05.10.6.2.4.1Following one (1) or more noise complaint(s) for a short-term rental, the permit holder shall install noise sensor and provide recorded data to the Planning and Building Department upon request.
60.05.10.6.2.5 Parking. Each short-term rental shall provide one (1) off-street parking space per rented bedroom. Where legal onstreet parking is available, one (1) on-street parking space may count toward the minimum number of parking spaces required.
60.1 SINGLE-ROOM OCCUPANCY STRUCTURES AND FACILITIES ¶
60.1.1 Purpose. The purpose of these regulations is to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in Single-Room Occupancy (SRO) Facilities in proximity to transit and services, and to establish standards for the small units within those facilities.
60.1.2 Applicability. These regulations shall apply in all zones in which the SRO Facilities use type is permitted, and where public water is available, including but not limited to proposed expansions at existing SRO Facilities, and to proposed new facilities.
60.1.3 Development Standards for SRO Facilities. ¶
60.1.3.1 Density. An SRO Facility which is a conversion of an existing hotel or motel is not required to meet density standards of the General Plan but shall comply with the occupancy standards of the adopted Airport Land Use Plan. All other SRO Facilities shall meet the density standards of the General Plan and the occupancy standards of the adopted Airport Land Use Plan.
60.1.3.2 Common Area. Four (4) square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.
60.1.3.3 Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof, with at least one washer and dryer per floor.
60.1.3.4 Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO Facility.
60.1.3.5 Common Building Site. The total area occupied by the SRO Facility shall be no more than 2 contiguous acres.
60.1.3.6 Management. ¶
60.1.3.6.1 Facility Management. An SRO Facility with 10 or more units shall provide on-site management. An SRO Facility with less than 10 units shall provide a management office on-site.
60.1.3.6.2 Management Plan. A management plan shall be submitted with the development application for an SRO Facility and shall be approved by the County. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance.
60.1.3.7 Parking. Off-street parking shall be provided consistent with the parking regulations in §314-109.1 (Inland). Secure bicycle parking shall be provided at the ratio of one (1) space per four (4) SRO units.
60.1.3.8 Existing Structures. An existing structure may be converted to an SRO Facility, consistent with the provisions of this Section.
60.1.3.9 Exceptions. Exceptions to the Standards of Subsections 60.1.3.1 through 60.1.3.7 of this section may be approved by the Planning Commission upon making a finding that an alternative standard is in substantial conformance with the prescriptive standard where compatible with surrounding land uses.
60.1.4 Development Standards for SRO Units. ¶
60.1.4.1 Unit Size. An SRO unit shall have a minimum size of 150 square feet and a maximum size of 400 square feet.
60.1.4.2 Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
60.1.4.3 Kitchen. Except as provided herein, an SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one (1) of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
60.1.4.4 Closet. Each SRO unit shall have a separate closet. ¶
60.1.4.5 Code Compliance. SRO units shall comply with all requirements of the California Building Code and required health and safety standards for water and sewer.
60.1.4.6 Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. (Ord. 2472, § 1, 2/14/2012; Ord. 2732, § 2, 3/5/2024; Ord. 2756, § 2, 3/11/2025)
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60.05 SHORT-TERM RENTALS ¶
60.05.1 Purpose. The purpose and intent of this section (the “Short-Term Rental Ordinance”) is to protect and promote the public health, safety and welfare, support tourism and economic development, protect housing stock, preserve the quality of neighborhoods, and balance the needs of property owners, tenants, and neighbors.
60.05.2 Applicability. These provisions apply when dwelling units are used as short-term rentals.
60.05.3 Allowed Zones. Short-term rentals may be permitted in zoning districts where residential use is a permitted use subject to these regulations.
60.05.4 Application. In addition to all materials required for a permit pursuant to Section 312-5.2, a complete application for a ShortTerm Rental Permit shall include the following:
60.05.4.1Current grant deed for the subject parcel.
60.05.4.2 Good Neighbor Guide. Consistent with the provisions of subsections 314-60.05.9.1.2.3 and 314-60.05.10.4.
60.05.4.3Affidavit signed by the permit holder confirming delivery of the Good Neighbor Guide to all neighbors in the closest ten (10) dwellings and within three hundred (300) feet up and down the street, if applicable.
60.05.4.4Evidence of property owner consent if the permit holder is someone other than the property owner. If the property owner withdraws consent at any time when the permit is active, the permit is immediately revoked.
60.05.4.4.1Where the owner is an LLC or other corporation, the ownership of the corporation(s) shall include the people who own the corporation or controlling corporation via an ownership roster or operating agreement identifying all parties involved within the LLC or other corporation(s) for said owner or operator.
60.05.4.5Access route, if seeking a Special Permit and the site is accessed via a shared private road system.
60.05.4.6 Farm Stay Applications. Provide documentation describing the educational activities or experiences in which the tenants will participate in as an immersive encounter with agricultural living.
60.05.5 Existing Operations. No permits for whole dwelling unit short-term rentals shall be issued during the first two (2) months following the effective date of this section but applications from individuals operating existing short-term rentals will be received. Three (3) months after the effective date of the ordinance codified in this section, the Department will issue permits for qualifying locations with existing short-term rentals. An existing short-term rental shall be determined based on evidence of operation prior to October 26, 2023. If the number of permits issued for existing short-term rentals exceeds the cap identified in subsection 31460.05.10.2.1, then no permits will be issued for new short-term rentals until the number of permitted short-term rentals in the County falls below the cap. A permit shall not be issued on a parcel with active violations.
60.05.6 Permit Requirements. ¶
60.05.6.1 Administrative Permit Required. A short-term rental meeting the requirements herein shall be permitted with an Administrative Permit.
60.05.6.2 Special Permit Required. A short-term rental seeking exception from standards identified in subsections 314-60.05.9.1 and 314-60.05.10.3 may only be allowed upon issuance of a Special Permit.
60.05.6.2.1 Required Findings. A Special Permit for a short-term rental may be approved only if the following findings are made:
60.05.6.2.1.1The short-term rental would not result in significant adverse effects on the health, safety, and welfare of the community; and
60.05.6.2.1.2The short-term rental would not result in significant adverse effects on the quality of the neighborhood.
60.05.6.2.2 Special Noticing Requirements. In addition to following the procedures identified in Section 312-8.1, Notice of Application Submittal, notice shall be sent to all owners and occupants of property accessed through shared private road system.
60.05.7 Permit Term for Short-Term Rentals. All Short-Term Rental Permits (including nonconforming approvals) shall lapse two (2) years after the effective date of the permit unless all of the following requirements are met:
60.05.7.1The permit holder shall submit a statement of continued operation as provided by the Planning and Building Department, indicating a desire to continue operation; provided, that there is evidence of hosting stays; and
60.05.7.2There are no outstanding violations associated with the permit; and
60.05.7.3The permit holder shall submit evidence showing that no outstanding taxes are associated with the subject parcel;
60.05.7.4A fee which allows for review of the materials and investigation of any complaints and violations as established in the County Fee Schedule.
60.05.8 Violations. Continuous use of a short-term rental without resolution of the violation(s) of this section may result in code enforcement action, permit suspension or permit revocation.
60.05.8.1 Suspension or Revocation. Consistent with the procedures in Section 312-14, a short-term rental permit may be suspended or revoked for violations of the Short-Term Rental Ordinance and/or violations of permit terms or conditions.
60.05.9 Home-Share Rental. This section applies to home-share rentals which are a short-term rental of a portion of a dwelling unit where the caretaker remains in residence.
60.05.9.1 Standards for Home-Share Rentals. ¶
60.05.9.1.1 Health and Safety Standards. Exception to standards in subsections 314-60.05.9.1.1.3 and 314-60.05.9.1.1.4 may be sought with a Special Permit.
60.05.9.1.1.1 Building, Fire and Health.
60.05.9.1.1.1.1Dwellings shall be permitted or legal nonconforming.
60.05.9.1.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the dwelling unit.
60.05.9.1.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
60.05.9.1.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
60.05.9.1.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
60.05.9.1.2 Neighborhood Quality and Public Nuisance Standards. Exception to standard in subsection 314-60.05.9.1.2.4 may be sought with a Special Permit.
60.05.9.1.2.1 Resident Caretaker. The caretaker shall reside within the dwelling unit and be present when rooms are occupied by guests.
60.05.9.1.2.2 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
60.05.9.1.2.3 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
60.05.9.1.2.3.1Name and telephone number for a caretaker who shall:
60.05.9.1.2.3.1.1Respond to all questions or concerns timely.
60.05.9.1.2.3.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code timely.
60.05.9.1.2.3.2Location of the approved parking spaces.
60.05.9.1.2.3.3Permit standards.
60.05.9.1.2.3.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
60.05.9.1.2.3.5Traffic etiquette guidelines.
60.05.9.1.2.4 Parking. Each home-share rental shall provide one (1) off-street parking space per rented bedroom. Where legal onstreet parking is available, one (1) on-street parking space may count toward the minimum number of parking spaces required.
60.05.10 Short-Term Rental. This section applies to short-term rental of whole dwelling units. Short-term rentals may be rented for the whole or a portion of the year. A residence which is rented on a short-term basis for sixty (60) consecutive days or fewer out of the year does not count against the cap; provided, that it is occupied as long-term housing for the remainder of the year.
60.05.10.1 Short-Term Rentals Prohibited. Short-term rentals are not allowed in dwellings with any of the following limitations:
60.05.10.1.1 Recorded Limitation. Dwellings subject to a recorded covenant, agreement, deed restriction or other recorded document to which the County is a party that limits the use of the dwelling to affordable housing, or otherwise prohibits use as a short-term rental.
60.05.10.1.2 SB9 California H.O.M.E. Act. Dwellings on lots approved pursuant to Section 66411.7 of Chapter 1 of Division 2 of Title 7 of the California Government Code (SB 9 – “The California H.O.M.E. Act”) shall not be permitted as short-term rentals.
60.05.10.1.3 Accessory Dwelling Unit. ADUs permitted after January 1, 2020, shall not be permitted as short-term rentals.
60.05.10.1.4 Alternative Owner Builder. Dwellings permitted pursuant to the alternative owner builder (AOB) provisions of Section 331.5-4 shall not be permitted as short-term rentals.
60.05.10.1.4.1AOB dwellings may be permitted after-the-fact, pursuant to the building code in effect at the time of original permit issuance. A Short-Term Rental Permit application may be submitted concurrently with the Building Permit application. The permit for the short-term rental shall not be approved until after the certificate of occupancy is issued by the Building Division.
60.05.10.2 Short-Term Rental Permit Limitations.
60.05.10.2.1 Short-Term Rental Cap. The total number of short-term rentals shall be limited.
60.05.10.2.1.1Not more than two percent (2%) of the overall housing stock may be permitted as short-term rentals in the Greater Humboldt Bay Area Short-Term Rental Cap Area which is comprised of the following Community Plan Areas: Trinidad-Westhaven Community Plan Area (CPA), McKinleyville CPA, Fieldbrook-Glendale CPA, Blue Lake CPA, Arcata CPA, Jacoby Creek CPA, Freshwater CPA, Eureka CPA, Fortuna CPA, Hydesville-Carlotta CPA and the Rio Dell-Scotia CPA. In addition to the two percent (2%) cap on short-term rentals in the Greater Humboldt Bay Area, not more than two percent (2%) of housing stock within each Community Plan Area can be used for short-term rentals. Farm stays and homes listed on the local, State, or Federal Historic Registry are exempt from the cap.
60.05.10.2.1.2Not more than five percent (5%) of the overall housing stock outside of the Greater Humboldt Bay Area Short-Term Rental Cap Area may be permitted as short-term rentals with the exception of Shelter Cove which has no limit. If the cap is exceeded, a short-term rental may be approved with a Special Permit.
60.05.10.2.1.3In areas where the cap applies, applications for existing short-term rentals can be submitted for sixty (60) days from the effective date of the ordinance codified in this section. The Department shall assess the status of the cap within ninety (90) days of the effective date of the ordinance codified in this section. No applications for new permits will be accepted within the area subject to the cap within ninety (90) of the effective date of the ordinance codified in this section.
60.05.10.2.2 Nontransferable. Short-Term Rental Permits shall not be transferred between property owners.
60.05.10.2.3 Per Person Limit. An individual or business shall not own more than three (3) parcels with Short-Term Rental Permits.
60.05.10.2.4 Resource Zone Districts. Short-term rentals in Agriculture Exclusive Zone, Agriculture General Zone, Forestry Recreation Zone, and Timberland Production Zone may only be permitted as farm stays except as follows:
60.05.10.2.4.1In Agriculture General Zones, on parcels less than two and one-half (2.5) acres, short-term rentals shall be as allowed consistent with these provisions; and
60.05.10.2.4.2In Agriculture General Zones on parcels between two and one-half (2.5) and ten (10) acres, short-term rentals may be considered with a Special Permit; and
60.05.10.2.4.3In Agriculture General Zones, on parcels less than five (5) acres, homeshares shall be as allowed consistent with these provisions.
60.05.10.2.5 No Violations. A permit shall not be issued on a parcel with active violations.
60.05.10.3 Standards for Short-Term Rentals.
60.05.10.3.1 Health and Safety. Exception to standards in subsections 314-60.05.10.3.1.3 and 314-60.05.10.3.1.4 may be sought with a Special Permit.
60.05.10.3.1.1 Building and Fire.
60.05.10.3.1.1.1Dwellings shall be permitted or legal nonconforming.
60.05.10.3.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the short-term rental.
60.05.10.3.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
60.05.10.3.1.3 Access. The access road shall operate at a function equivalent of a Category 3 road.
60.05.10.3.1.3.1 Road Maintenance Association (RMA). If a private access road has an established RMA, the permit-holder shall be a member in good standing.
60.05.10.3.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
60.05.10.4 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
60.05.10.4.1Name and telephone number for a caretaker who shall:
60.05.10.4.1.1Respond to all questions or concerns timely.
60.05.10.4.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code timely.
60.05.10.4.2Location of the approved parking spaces.
60.05.10.4.3Permit standards.
60.05.10.4.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
60.05.10.4.5Traffic etiquette guidelines.
60.05.10.5 Lighting. No direct light shall spill onto adjacent properties or create glare above the property.
60.05.10.6 Neighborhood Quality and Public Nuisance. These provisions apply to parcels that are within a Community Plan Area, are less than ten (10) acres in area, and where the short-term rental is located within one thousand (1,000) feet of the nearest neighboring residence. Exception to standards in subsections 314-60.05.10.6.1 through 314-60.05.10.6.2.5 may be sought with a Special Permit.
60.05.10.6.1 Per Parcel Limit. One (1) short-term rental may be permitted per legal parcel.
60.05.10.6.2 Neighborhood Concentration. Each short-term rental may not exceed the following neighborhood concentration limitations, except within the Shelter Cove Community Plan Area where this standard does not apply:
60.05.10.6.2.1Parcels with a General Plan density of one (1) or more dwelling units per acre.
60.05.10.6.2.1.1Short-term rentals shall not exceed ten percent (10%) of the dwellings on the access road (one (1) dwelling for roads with less than ten (10) dwellings); and
60.05.10.6.2.1.2There shall not be another short-term rental within six hundred (600) feet of the proposed short-term rental, measured as a six hundred (600) foot radius from the center of the dwelling used for the short-term rental.
60.05.10.6.2.2Parcels with a General Plan density of less than one (1) dwelling unit per acre.
60.05.10.6.2.2.1Short-term rentals shall not exceed twenty percent (20%) of the dwellings on the access road (one (1) dwelling for roads with less than five (5) dwellings).
60.05.10.6.2.3 Private Gatherings and Parties. Gatherings and parties shall have no more than twice the maximum occupancy of the short-term rental, only allowed during the hours of 8:00 a.m. to 10:00 p.m. (not eligible for stay). If gatherings are intended, they must be included in the application for the short-term rental and the application must include provisions for parking, which can be on street where allowed.
60.05.10.6.2.4 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
60.05.10.6.2.4.1Following one (1) or more noise complaint(s) for a short-term rental, the permit holder shall install noise sensor and provide recorded data to the Planning and Building Department upon request.
60.05.10.6.2.5 Parking. Each short-term rental shall provide one (1) off-street parking space per rented bedroom. Where legal onstreet parking is available, one (1) on-street parking space may count toward the minimum number of parking spaces required.
60.1 SINGLE-ROOM OCCUPANCY STRUCTURES AND FACILITIES ¶
60.1.1 Purpose. The purpose of these regulations is to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in Single-Room Occupancy (SRO) Facilities in proximity to transit and services, and to establish standards for the small units within those facilities.
60.1.2 Applicability. These regulations shall apply in all zones in which the SRO Facilities use type is permitted, and where public water is available, including but not limited to proposed expansions at existing SRO Facilities, and to proposed new facilities.
60.1.3 Development Standards for SRO Facilities. ¶
60.1.3.1 Density. An SRO Facility which is a conversion of an existing hotel or motel is not required to meet density standards of the General Plan but shall comply with the occupancy standards of the adopted Airport Land Use Plan. All other SRO Facilities shall meet the density standards of the General Plan and the occupancy standards of the adopted Airport Land Use Plan.
60.1.3.2 Common Area. Four (4) square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.
60.1.3.3 Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof, with at least one washer and dryer per floor.
60.1.3.4 Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO Facility.
60.1.3.5 Common Building Site. The total area occupied by the SRO Facility shall be no more than 2 contiguous acres.
60.1.3.6 Management. ¶
60.1.3.6.1 Facility Management. An SRO Facility with 10 or more units shall provide on-site management. An SRO Facility with less than 10 units shall provide a management office on-site.
60.1.3.6.2 Management Plan. A management plan shall be submitted with the development application for an SRO Facility and shall be approved by the County. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance.
60.1.3.7 Parking. Off-street parking shall be provided consistent with the parking regulations in §314-109.1 (Inland). Secure bicycle parking shall be provided at the ratio of one (1) space per four (4) SRO units.
60.1.3.8 Existing Structures. An existing structure may be converted to an SRO Facility, consistent with the provisions of this Section.
60.1.3.9 Exceptions. Exceptions to the Standards of Subsections 60.1.3.1 through 60.1.3.7 of this section may be approved by the Planning Commission upon making a finding that an alternative standard is in substantial conformance with the prescriptive standard where compatible with surrounding land uses.
60.1.4 Development Standards for SRO Units. ¶
60.1.4.1 Unit Size. An SRO unit shall have a minimum size of 150 square feet and a maximum size of 400 square feet.
60.1.4.2 Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
60.1.4.3 Kitchen. Except as provided herein, an SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one (1) of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
60.1.4.4 Closet. Each SRO unit shall have a separate closet. ¶
60.1.4.5 Code Compliance. SRO units shall comply with all requirements of the California Building Code and required health and safety standards for water and sewer.
60.1.4.6 Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. (Ord. 2472, § 1, 2/14/2012; Ord. 2732, § 2, 3/5/2024; Ord. 2756, § 2, 3/11/2025)
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60.05 SHORT-TERM RENTALS ¶
60.05.1 Purpose. The purpose and intent of this section (the “Short-Term Rental Ordinance”) is to protect and promote the public health, safety and welfare, support tourism and economic development, protect housing stock, preserve the quality of neighborhoods, and balance the needs of property owners, tenants, and neighbors.
60.05.2 Applicability. These provisions apply when dwelling units are used as short-term rentals.
60.05.3 Allowed Zones. Short-term rentals may be permitted in zoning districts where residential use is a permitted use subject to these regulations.
60.05.4 Application. In addition to all materials required for a permit pursuant to Section 312-5.2, a complete application for a ShortTerm Rental Permit shall include the following:
60.05.4.1Current grant deed for the subject parcel.
60.05.4.2 Good Neighbor Guide. Consistent with the provisions of subsections 314-60.05.9.1.2.3 and 314-60.05.10.4.
60.05.4.3Affidavit signed by the permit holder confirming delivery of the Good Neighbor Guide to all neighbors in the closest ten (10) dwellings and within three hundred (300) feet up and down the street, if applicable.
60.05.4.4Evidence of property owner consent if the permit holder is someone other than the property owner. If the property owner withdraws consent at any time when the permit is active, the permit is immediately revoked.
60.05.4.4.1Where the owner is an LLC or other corporation, the ownership of the corporation(s) shall include the people who own the corporation or controlling corporation via an ownership roster or operating agreement identifying all parties involved within the LLC or other corporation(s) for said owner or operator.
60.05.4.5Access route, if seeking a Special Permit and the site is accessed via a shared private road system.
60.05.4.6 Farm Stay Applications. Provide documentation describing the educational activities or experiences in which the tenants will participate in as an immersive encounter with agricultural living.
60.05.5 Existing Operations. No permits for whole dwelling unit short-term rentals shall be issued during the first two (2) months following the effective date of this section but applications from individuals operating existing short-term rentals will be received. Three (3) months after the effective date of the ordinance codified in this section, the Department will issue permits for qualifying locations with existing short-term rentals. An existing short-term rental shall be determined based on evidence of operation prior to October 26, 2023. If the number of permits issued for existing short-term rentals exceeds the cap identified in subsection 31460.05.10.2.1, then no permits will be issued for new short-term rentals until the number of permitted short-term rentals in the County falls below the cap. A permit shall not be issued on a parcel with active violations.
60.05.6 Permit Requirements. ¶
60.05.6.1 Administrative Permit Required. A short-term rental meeting the requirements herein shall be permitted with an Administrative Permit.
60.05.6.2 Special Permit Required. A short-term rental seeking exception from standards identified in subsections 314-60.05.9.1 and 314-60.05.10.3 may only be allowed upon issuance of a Special Permit.
60.05.6.2.1 Required Findings. A Special Permit for a short-term rental may be approved only if the following findings are made:
60.05.6.2.1.1The short-term rental would not result in significant adverse effects on the health, safety, and welfare of the community; and
60.05.6.2.1.2The short-term rental would not result in significant adverse effects on the quality of the neighborhood.
60.05.6.2.2 Special Noticing Requirements. In addition to following the procedures identified in Section 312-8.1, Notice of Application Submittal, notice shall be sent to all owners and occupants of property accessed through shared private road system.
60.05.7 Permit Term for Short-Term Rentals. All Short-Term Rental Permits (including nonconforming approvals) shall lapse two (2) years after the effective date of the permit unless all of the following requirements are met:
60.05.7.1The permit holder shall submit a statement of continued operation as provided by the Planning and Building Department, indicating a desire to continue operation; provided, that there is evidence of hosting stays; and
60.05.7.2There are no outstanding violations associated with the permit; and
60.05.7.3The permit holder shall submit evidence showing that no outstanding taxes are associated with the subject parcel;
60.05.7.4A fee which allows for review of the materials and investigation of any complaints and violations as established in the County Fee Schedule.
60.05.8 Violations. Continuous use of a short-term rental without resolution of the violation(s) of this section may result in code enforcement action, permit suspension or permit revocation.
60.05.8.1 Suspension or Revocation. Consistent with the procedures in Section 312-14, a short-term rental permit may be suspended or revoked for violations of the Short-Term Rental Ordinance and/or violations of permit terms or conditions.
60.05.9 Home-Share Rental. This section applies to home-share rentals which are a short-term rental of a portion of a dwelling unit where the caretaker remains in residence.
60.05.9.1 Standards for Home-Share Rentals. ¶
60.05.9.1.1 Health and Safety Standards. Exception to standards in subsections 314-60.05.9.1.1.3 and 314-60.05.9.1.1.4 may be sought with a Special Permit.
60.05.9.1.1.1 Building, Fire and Health.
60.05.9.1.1.1.1Dwellings shall be permitted or legal nonconforming.
60.05.9.1.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the dwelling unit.
60.05.9.1.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
60.05.9.1.1.3 Access. The access road shall operate at a functional equivalent of a Category 3 road.
60.05.9.1.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
60.05.9.1.2 Neighborhood Quality and Public Nuisance Standards. Exception to standard in subsection 314-60.05.9.1.2.4 may be sought with a Special Permit.
60.05.9.1.2.1 Resident Caretaker. The caretaker shall reside within the dwelling unit and be present when rooms are occupied by guests.
60.05.9.1.2.2 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
60.05.9.1.2.3 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
60.05.9.1.2.3.1Name and telephone number for a caretaker who shall:
60.05.9.1.2.3.1.1Respond to all questions or concerns timely.
60.05.9.1.2.3.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code timely.
60.05.9.1.2.3.2Location of the approved parking spaces.
60.05.9.1.2.3.3Permit standards.
60.05.9.1.2.3.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
60.05.9.1.2.3.5Traffic etiquette guidelines.
60.05.9.1.2.4 Parking. Each home-share rental shall provide one (1) off-street parking space per rented bedroom. Where legal onstreet parking is available, one (1) on-street parking space may count toward the minimum number of parking spaces required.
60.05.10 Short-Term Rental. This section applies to short-term rental of whole dwelling units. Short-term rentals may be rented for the whole or a portion of the year. A residence which is rented on a short-term basis for sixty (60) consecutive days or fewer out of the year does not count against the cap; provided, that it is occupied as long-term housing for the remainder of the year.
60.05.10.1 Short-Term Rentals Prohibited. Short-term rentals are not allowed in dwellings with any of the following limitations:
60.05.10.1.1 Recorded Limitation. Dwellings subject to a recorded covenant, agreement, deed restriction or other recorded document to which the County is a party that limits the use of the dwelling to affordable housing, or otherwise prohibits use as a short-term rental.
60.05.10.1.2 SB9 California H.O.M.E. Act. Dwellings on lots approved pursuant to Section 66411.7 of Chapter 1 of Division 2 of Title 7 of the California Government Code (SB 9 – “The California H.O.M.E. Act”) shall not be permitted as short-term rentals.
60.05.10.1.3 Accessory Dwelling Unit. ADUs permitted after January 1, 2020, shall not be permitted as short-term rentals.
60.05.10.1.4 Alternative Owner Builder. Dwellings permitted pursuant to the alternative owner builder (AOB) provisions of Section 331.5-4 shall not be permitted as short-term rentals.
60.05.10.1.4.1AOB dwellings may be permitted after-the-fact, pursuant to the building code in effect at the time of original permit issuance. A Short-Term Rental Permit application may be submitted concurrently with the Building Permit application. The permit for the short-term rental shall not be approved until after the certificate of occupancy is issued by the Building Division.
60.05.10.2 Short-Term Rental Permit Limitations.
60.05.10.2.1 Short-Term Rental Cap. The total number of short-term rentals shall be limited.
60.05.10.2.1.1Not more than two percent (2%) of the overall housing stock may be permitted as short-term rentals in the Greater Humboldt Bay Area Short-Term Rental Cap Area which is comprised of the following Community Plan Areas: Trinidad-Westhaven Community Plan Area (CPA), McKinleyville CPA, Fieldbrook-Glendale CPA, Blue Lake CPA, Arcata CPA, Jacoby Creek CPA, Freshwater CPA, Eureka CPA, Fortuna CPA, Hydesville-Carlotta CPA and the Rio Dell-Scotia CPA. In addition to the two percent (2%) cap on short-term rentals in the Greater Humboldt Bay Area, not more than two percent (2%) of housing stock within each Community Plan Area can be used for short-term rentals. Farm stays and homes listed on the local, State, or Federal Historic Registry are exempt from the cap.
60.05.10.2.1.2Not more than five percent (5%) of the overall housing stock outside of the Greater Humboldt Bay Area Short-Term Rental Cap Area may be permitted as short-term rentals with the exception of Shelter Cove which has no limit. If the cap is exceeded, a short-term rental may be approved with a Special Permit.
60.05.10.2.1.3In areas where the cap applies, applications for existing short-term rentals can be submitted for sixty (60) days from the effective date of the ordinance codified in this section. The Department shall assess the status of the cap within ninety (90) days of the effective date of the ordinance codified in this section. No applications for new permits will be accepted within the area subject to the cap within ninety (90) of the effective date of the ordinance codified in this section.
60.05.10.2.2 Nontransferable. Short-Term Rental Permits shall not be transferred between property owners.
60.05.10.2.3 Per Person Limit. An individual or business shall not own more than three (3) parcels with Short-Term Rental Permits.
60.05.10.2.4 Resource Zone Districts. Short-term rentals in Agriculture Exclusive Zone, Agriculture General Zone, Forestry Recreation Zone, and Timberland Production Zone may only be permitted as farm stays except as follows:
60.05.10.2.4.1In Agriculture General Zones, on parcels less than two and one-half (2.5) acres, short-term rentals shall be as allowed consistent with these provisions; and
60.05.10.2.4.2In Agriculture General Zones on parcels between two and one-half (2.5) and ten (10) acres, short-term rentals may be considered with a Special Permit; and
60.05.10.2.4.3In Agriculture General Zones, on parcels less than five (5) acres, homeshares shall be as allowed consistent with these provisions.
60.05.10.2.5 No Violations. A permit shall not be issued on a parcel with active violations.
60.05.10.3 Standards for Short-Term Rentals.
60.05.10.3.1 Health and Safety. Exception to standards in subsections 314-60.05.10.3.1.3 and 314-60.05.10.3.1.4 may be sought with a Special Permit.
60.05.10.3.1.1 Building and Fire.
60.05.10.3.1.1.1Dwellings shall be permitted or legal nonconforming.
60.05.10.3.1.1.2Fire extinguishers, smoke detectors and carbon monoxide detectors shall be maintained in working order, and information related to all emergency exits shall be provided inside the short-term rental.
60.05.10.3.1.2 Solid Waste, Recycling and Compost. Trash, recycled materials, and organic compost shall be appropriately disposed of at least weekly.
60.05.10.3.1.3 Access. The access road shall operate at a function equivalent of a Category 3 road.
60.05.10.3.1.3.1 Road Maintenance Association (RMA). If a private access road has an established RMA, the permit-holder shall be a member in good standing.
60.05.10.3.1.4 Maximum Overnight Occupancy. Overnight occupancy shall not exceed two (2) per bedroom plus one (1), excluding children under twelve (12).
60.05.10.4 Good Neighbor Guide. Prior to the operation of the short-term rental, the permit holder shall submit to the Planning and Building Department a signed affidavit certifying the delivery of a Good Neighbor Guide to all neighbors with dwellings within three hundred (300) feet of the short-term rental as the crow flies, and to the nearest five (5) neighbors up and down the access road. The Good Neighbor Guide shall also be submitted to the Planning and Building Department and must be present and available for tenants in all short-term rentals. The Good Neighbor Guide must contain, at a minimum, the following:
60.05.10.4.1Name and telephone number for a caretaker who shall:
60.05.10.4.1.1Respond to all questions or concerns timely.
60.05.10.4.1.2Remedy complaints related to health and safety (e.g., gas leak or power outage), as well as any violations of Humboldt County Code timely.
60.05.10.4.2Location of the approved parking spaces.
60.05.10.4.3Permit standards.
60.05.10.4.4Safety manual identifying evacuation route(s) and the locations of the nearest public service facilities (e.g., hospitals, police stations, fire stations).
60.05.10.4.5Traffic etiquette guidelines.
60.05.10.5 Lighting. No direct light shall spill onto adjacent properties or create glare above the property.
60.05.10.6 Neighborhood Quality and Public Nuisance. These provisions apply to parcels that are within a Community Plan Area, are less than ten (10) acres in area, and where the short-term rental is located within one thousand (1,000) feet of the nearest neighboring residence. Exception to standards in subsections 314-60.05.10.6.1 through 314-60.05.10.6.2.5 may be sought with a Special Permit.
60.05.10.6.1 Per Parcel Limit. One (1) short-term rental may be permitted per legal parcel.
60.05.10.6.2 Neighborhood Concentration. Each short-term rental may not exceed the following neighborhood concentration limitations, except within the Shelter Cove Community Plan Area where this standard does not apply:
60.05.10.6.2.1Parcels with a General Plan density of one (1) or more dwelling units per acre.
60.05.10.6.2.1.1Short-term rentals shall not exceed ten percent (10%) of the dwellings on the access road (one (1) dwelling for roads with less than ten (10) dwellings); and
60.05.10.6.2.1.2There shall not be another short-term rental within six hundred (600) feet of the proposed short-term rental, measured as a six hundred (600) foot radius from the center of the dwelling used for the short-term rental.
60.05.10.6.2.2Parcels with a General Plan density of less than one (1) dwelling unit per acre.
60.05.10.6.2.2.1Short-term rentals shall not exceed twenty percent (20%) of the dwellings on the access road (one (1) dwelling for roads with less than five (5) dwellings).
60.05.10.6.2.3 Private Gatherings and Parties. Gatherings and parties shall have no more than twice the maximum occupancy of the short-term rental, only allowed during the hours of 8:00 a.m. to 10:00 p.m. (not eligible for stay). If gatherings are intended, they must be included in the application for the short-term rental and the application must include provisions for parking, which can be on street where allowed.
60.05.10.6.2.4 Noise. The maximum noise levels allowed in all outdoor areas and indoor common areas of the property are as follows: sixty-five (65) dB during the hours of 8:00 a.m. to 10:00 p.m. and sixty (60) dB from 10:00 p.m. to 8:00 a.m.
60.05.10.6.2.4.1Following one (1) or more noise complaint(s) for a short-term rental, the permit holder shall install noise sensor and provide recorded data to the Planning and Building Department upon request.
60.05.10.6.2.5 Parking. Each short-term rental shall provide one (1) off-street parking space per rented bedroom. Where legal onstreet parking is available, one (1) on-street parking space may count toward the minimum number of parking spaces required.
60.1 SINGLE-ROOM OCCUPANCY STRUCTURES AND FACILITIES ¶
60.1.1 Purpose. The purpose of these regulations is to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in Single-Room Occupancy (SRO) Facilities in proximity to transit and services, and to establish standards for the small units within those facilities.
60.1.2 Applicability. These regulations shall apply in all zones in which the SRO Facilities use type is permitted, and where public water is available, including but not limited to proposed expansions at existing SRO Facilities, and to proposed new facilities.
60.1.3 Development Standards for SRO Facilities. ¶
60.1.3.1 Density. An SRO Facility which is a conversion of an existing hotel or motel is not required to meet density standards of the General Plan but shall comply with the occupancy standards of the adopted Airport Land Use Plan. All other SRO Facilities shall meet the density standards of the General Plan and the occupancy standards of the adopted Airport Land Use Plan.
60.1.3.2 Common Area. Four (4) square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.
60.1.3.3 Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof, with at least one washer and dryer per floor.
60.1.3.4 Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO Facility.
60.1.3.5 Common Building Site. The total area occupied by the SRO Facility shall be no more than 2 contiguous acres.
60.1.3.6 Management. ¶
60.1.3.6.1 Facility Management. An SRO Facility with 10 or more units shall provide on-site management. An SRO Facility with less than 10 units shall provide a management office on-site.
60.1.3.6.2 Management Plan. A management plan shall be submitted with the development application for an SRO Facility and shall be approved by the County. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance.
60.1.3.7 Parking. Off-street parking shall be provided consistent with the parking regulations in §314-109.1 (Inland). Secure bicycle parking shall be provided at the ratio of one (1) space per four (4) SRO units.
60.1.3.8 Existing Structures. An existing structure may be converted to an SRO Facility, consistent with the provisions of this Section.
60.1.3.9 Exceptions. Exceptions to the Standards of Subsections 60.1.3.1 through 60.1.3.7 of this section may be approved by the Planning Commission upon making a finding that an alternative standard is in substantial conformance with the prescriptive standard where compatible with surrounding land uses.
60.1.4 Development Standards for SRO Units. ¶
60.1.4.1 Unit Size. An SRO unit shall have a minimum size of 150 square feet and a maximum size of 400 square feet.
60.1.4.2 Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
60.1.4.3 Kitchen. Except as provided herein, an SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one (1) of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
60.1.4.4 Closet. Each SRO unit shall have a separate closet. ¶
60.1.4.5 Code Compliance. SRO units shall comply with all requirements of the California Building Code and required health and safety standards for water and sewer.
60.1.4.6 Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. (Ord. 2472, § 1, 2/14/2012; Ord. 2732, § 2, 3/5/2024; Ord. 2756, § 2, 3/11/2025)
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61.05 SAFE PARKING AND SAFE SHELTER PILOT PROGRAM ¶
61.05.1 Purpose and Duration. The purpose of these regulations is to facilitate development of a pilot program to provide safe, temporary shelter sites that accommodate vehicles, tents, or other approved structures for people who are experiencing homelessness while they seek permanent housing. Participation in the program is not conditioned on accepting the services offered. This section and all zoning clearance certificates issued pursuant to this section shall expire and be automatically repealed forty-two (42) months from the effective date unless the term of this section and specified zoning clearance certificates are extended by the Board of Supervisors.
This section places a limit on the number of safe parking and safe shelter sites at ten (10) sites.
61.05.2 Applicability. The safe parking and safe shelter programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. Safe parking and safe shelter programs that meet all of the following requirements are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts with a zoning clearance certificate. Safe parking and safe shelter programs on the site of a church in other zones may be permitted with a use permit, except that church sites on TPZ or prime agricultural land are not eligible. Safe parking and safe shelter may be located on AG parcels located within one (1) mile of services needed for sustainable living.
61.05.3 Site Requirements. Safe parking and safe shelter sites: ¶
61.05.3.1May accommodate up to twenty (20) vehicles, tents, sleeping cabins, or other units that meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards. Exception: A site operated under the village - model management plan (defined in Section 314 61.05.6.3) is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet the standards above.
61.05.3.2Must be located on a road or have a driveway that is accessible for emergency vehicles, trash pickup, and portable restroom service.
61.05.3.3Must have drainage so there is no standing water in the areas used for sleeping.
61.05.3.4Must be located at least three hundred (300) feet from another safe parking or safe shelter site.
61.05.3.5If the site is an existing parking lot, no more than one-half (1/2) of the parking spaces may be occupied by vehicles, tents, or shelter units.
61.05.3.6At the time of issuance of a zoning clearance certificate, the proposed site may not be occupied by unauthorized homeless individuals, vehicles or shelters, and properties in the abatement process are not eligible.
61.05.3.7All safe parking/safe shelter zoning clearance certificates or special permits on the anniversary date of such issuance will be subject to an annual inspection by the County to verify compliance with this section and all terms of the approved management plan.
Exceptions to Sections 314-61.05.3.1 through 314-61.05.3.5 may be allowed subject to a special permit in accordance with Section 3125 et seq. with a finding that the exception poses no additional risk to the health and safety of the occupants.
61.05.4 Vehicle and Shelter Types. ¶
61.05.4.1 Safe Parking Sites. ¶
61.05.4.1.1The type of vehicle and number of each vehicle type, if applicable, must be specified in the management plan and may include cars, vans, recreational vehicles (“RVs”) or a combination of these.
61.05.4.1.2All vehicles parked overnight must be operable so they can be moved off the site under their own power.
61.05.4.1.3A minimum of six (6) feet clearance must be maintained between vehicles.
61.05.4.2 Safe Shelter Sites. ¶
61.05.4.2.1Tents, sleeping cabins, or other shelters are allowed as individual units if they meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards.
61.05.4.2.2A minimum of six (6) feet clearance must be maintained between tents or units.
61.05.4.2.3Each tent or unit must have an exit that leads directly to the outdoors/evacuation route.
61.05.4.2.4Sleeping cabins must have light and ventilation.
61.05.5 Operating Standards.
61.05.5.1Vehicles, tents or shelter units must be at least five (5) feet from any property line.
61.05.5.2Outdoor lighting must be shielded and focused away from adjoining properties.
61.05.5.3Prior to occupancy of the site, the provider must submit, along with its management plan, a department approval letter from the Division of Environmental Health verifying that the site is served by an acceptable means of sewage disposal able to accommodate the anticipated wastewater demand.
61.05.5.4If the site allows recreational vehicles, no disposal of sewage from recreational vehicles is permitted at the site, unless the provider documents that the North Coast Regional Water Quality Control Board has approved the sewage disposal system for that use and details of the sewage disposal system are included in its management plan.
61.05.5.5If the site allows recreational vehicles, no disposal of graywater or blackwater from recreational vehicles is permitted at the site, unless the provider shows documentation for legal disposal in its management plan.
61.05.5.6Hours of operation are limited to overnight hours as specified in the provider’s management plan, except as follows:
61.05.5.6.1 Exception. A program that qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify twenty-four (24) hour operation in the provider’s management plan if it provides appropriate staffing. Low barrier navigation center programs include all the following components:
61.05.5.6.1.1The program offers services to connect people to permanent housing through a services plan that identifies services staffing.
61.05.5.6.1.2The program is linked to a coordinated entry system, so that staff may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system designed to coordinate program participant intake, assessment, and referrals as described in Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements.
61.05.5.6.1.3The program complies with Housing First as set forth in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
61.05.5.6.1.4The program has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System (HMIS) as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
61.05.5.6.1.5A site that operates as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify a length of stay longer than six (6) months, as set forth in the provider’s management plan, defined in Section 314-61.05.6.3.
61.05.5.6.2 Exception. A program operated under the village model management plan described below may choose to provide twentyfour/seven (24/7) service if it is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet California emergency housing standards, and at least two (2) employees or volunteer staff remain on site at all times, as set forth in the provider’s management plan.
61.05.5.7The operator must provide monthly reports to the Planning and Building Department and Department of Health and Human Services identifying the number of people present each night during the month, the use and maintenance of temporary restroom facilities, and any operational concerns. Pictures of the site must be included with the monthly report showing the condition of the site.
61.05.5.8Within thirty (30) days of the end of the use, all elements associated with the temporary use must be removed.
61.05.6 Safe Parking/Safe Shelter Provider.
61.05.6.1A safe parking or safe shelter program must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization, or a party contracted by the above (“provider”). A provider monitors compliance with its written management plan and notifies emergency services in the event of an emergency.
61.05.6.2The provider must provide for, or provide access to, all of the following:
61.05.6.2.1Sanitary facilities, including toilet and handwashing;
61.05.6.2.2Shower facilities or access to showers;
61.05.6.2.3Facilities accessible to persons with disabilities (twenty percent (20%) of spaces or units, including sanitary facilities);
61.05.6.2.4Garbage containers and trash disposal services; and
61.05.6.2.5Secure storage facilities for personal items, but storage of such items must not create a fire-life-safety hazard.
61.05.6.3The provider must have an approved management plan prior to opening its facility for use. The provider may use one of three (3) preapproved model safe parking/safe shelter plans, available on file with the Planning and Building Department: (1) a minimal
requirements model designed for overnight programs, (2) a village model with fewer spaces, participants as staff, and capability for twenty-four (24) hour operation, or (3) a service-intensive low barrier model. The plans describe the services provided including all of the following:
61.05.6.3.1Hours of operation;
61.05.6.3.2Number of parking spaces or tent/shelter units;
61.05.6.3.3The services and amenities to be provided;
61.05.6.3.4Staffing levels;
61.05.6.3.5Neighborhood outreach program;
61.05.6.3.6Rules governing participant intake and selection, a written participant agreement, and procedures for periodic reviews, extensions, and removals;
61.05.6.3.7A security plan ensuring adequate health and safety of management and visitors on site, and a process to avoid potential nuisances near the site. The provider must demonstrate that local emergency services, including the Sheriff's Office, the local Fire Department and the appropriate ambulance operators have been notified of the shelter’s operation.
Programs that accommodate tents, cabins, or other non-vehicle shelter types must submit Appendix A, detailing plans to comply with the emergency housing building code.
61.05.6.4A provider may amend voluntary provisions of its management plan by filing an update with the Planning Department, posting the changes as provided in the plan, and notifying neighbors as part of its neighborhood outreach plan.
61.05.6.5Providers operating safe parking/safe shelter facilities must annually track and report to the County by September 30th of each year the following details of the use of their facility:
61.05.6.5.1Number of persons served by month;
61.05.6.5.2Number of persons served whose residence was or is a vehicle;
61.05.6.5.3Number of persons served who are no longer in need of a homeless shelter;
61.05.6.5.4Number of persons who have moved into permanent supportive housing;
61.05.6.5.5Average percent occupancy of safe parking and safe shelter sites.
61.05.7 Zoning Clearance Certificate Revocation.
61.05.7.1 Grounds for Revocation. The Director may initiate proceedings to revoke the zoning clearance certificate for a safe parking/safe shelter site granted under this section if the Director has substantial evidence that:
61.05.7.1.1The facility may not be in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s);
61.05.7.1.2The facility failed to comply with objective standards in this section;
61.05.7.1.3The facility failed to comply with its management plan in a way that poses harm to the health and safety of its participants or the community; or
61.05.7.1.4Activities at the facility constitute a nuisance as defined in Section 351-3.
61.05.7.2 Notice. Before the Director may initiate a public hearing to revoke any zoning clearance certificate for a safe parking/safe shelter site, the Director must issue a written notice to the provider that specifies (A) the facility; (B) the violation(s) to be corrected; (C) the time frame in which the provider must correct such violation(s); and (D) that, in addition to all other rights and remedies the County may pursue, the County may initiate revocation proceedings for failure to correct such violation(s) in the specified time frame.
61.05.7.3 Hearing. A zoning clearance certificate granted under this section may be revoked pursuant to Section 314-61.05.7.1 only by the Board of Supervisors after a duly noticed public hearing.
61.05.7.4 No Appeals. Any decision by the Board of Supervisors to revoke or not revoke a zoning clearance certificate is final and not subject to further appeals. Within five (5) business days after the Board of Supervisors adopts a resolution to revoke the zoning clearance certificate, the Director will provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.
61.1 STREAMSIDE MANAGEMENT AREAS AND WETLANDS ORDINANCE
61.1.1 Short Title. This section shall be known and cited as the “Streamside Management Areas and Wetlands Ordinance of the County of Humboldt” (SMAWO). In any administrative action taken by any public official under the authority of this code, the use of the term “Streamside Management Areas and Wetlands Ordinance” or “SMAWO,” unless further modified, shall also refer to and mean this section.
61.1.2 Purpose. The purpose of this section is to provide minimum standards pertaining to the use and development of land located within Streamside Management Areas (SMAs), wetlands and other wet areas such as: natural ponds, springs, vernal pools, marshes, and wet meadows.
The purpose of establishing the standards is to:
•Create a Streamside Management Areas and Wetlands ordinance within the zoning regulations of the County of Humboldt pursuant to the mandates of state law.
•Implement portions of the County’s General Plan policies and standards pertaining to open space, conservation, housing, water resources, biological resources, and public facilities.
61.1.3 Relationship to Other Regulations. These regulations shall be in addition to regulations imposed by the principal zone, combining zone, development regulations, and other open space or resource protection regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most protective of natural resources shall apply.
61.1.4 Scope of Application. This section shall be applicable to all development within or affecting SMAs, wetlands or other wet areas within the unincorporated areas of the County and outside the Coastal Zone.
The provisions of this section shall be applicable to all development permits issued by the County pursuant to:
(1) Division 1, Planning, of Title III, Land Use and Development.
(2) Division 2, Subdivision Regulations, of Title III, Land Use and Development.
(3) Division 3, Building Regulations, Title III, Land Use and Development.
(4) Division 4, Protection and Control of County Roads and Permits, Title IV, Streets and Highways.
These regulations shall not apply to:
61.1.4.1Routine maintenance activities associated with existing public or private facilities, defined as “activities to support, keep and continue in an existing state or condition without decline.” Routine activities include the replacement of culverts and related structures when conducted pursuant to a Department of Fish and Wildlife Lake or Streambed Alteration Agreement (LSAA).
For the purpose of these regulations, routine maintenance activities do not include:
•Removal of trees with a diameter of twelve (12) inches or greater (thirty-eight (38) inch circumference), or
•Removal of trees from within a contiguous or noncontiguous area of more than six thousand (6,000) square feet as measured under the tree canopy, or
•Activities that could result in significant environmental impacts where the removal will:
–Be located within a streamside management area, wetland or other wet area as defined in County regulations, or
–Occur on slopes greater than fifteen percent (15%), or
–Will expose more than two thousand (2,000) square feet of soil to erosion.
A site evaluation shall be made where necessary to determine if a project meets the exemption standards of these regulations or if the proposed development requires a special permit.
61.1.4.2Grading and construction activities associated with on-site wells and sewage disposal systems for single-family dwellings which have received all required County and State permits; or
61.1.4.3Any project where a complete application for grading or construction was accepted by the Planning and Building Department prior to April 25, 1995; or
61.1.4.4To any construction or grading on property which was subdivided and subject to discretionary and environmental review by the County after the effective date of the 1984 General Plan, January 2, 1985, and any subsequent and applicable Community Plans, if the responsible department has determined that all conditions of approval and specific mitigation requirements have been fully met; or
61.1.4.5Development activities proposed and carried out under the provisions of the Division 9, Mining Operations, of Title III, Land Use and Development.
61.1.4.6Timber harvest and management activities when approved and carried out consistent with the California Forest Practices Act. Activities which are not exempt from the local regulation pursuant to Public Resources Code Section 4516.5(f) are subject to these regulations. Permits are required for private roads within timber harvest areas where the proposed improvements are in excess of the minimum road standards required by the California Department of Forestry for timber harvesting activities.
The exemptions contained in Section 331-14(d)(2), Grading, Excavation, Erosion and Sedimentation Control, do not apply in SMAs, wetlands or other wet areas.
61.1.5 Permit Required and Processing. All development as defined in the General Plan within or affecting SMAs, wetlands or other wet areas not exempted under Section 314-61.1.4 shall require a permit pursuant to an application for development within SMAs, wetlands or other wet areas and processed as a special permit pursuant to the Humboldt County Zoning Regulations (Section 312-3.1.1 et seq.).
For those activities subject to these regulations and conducted by the County Department of Public Works, the Director of the Department (of Public Works) shall be responsible for the environmental review and public notice requirement, be empowered to approve and issue a special permit following the making of findings, be empowered to meet with and work out solutions with impacted parties, and be required to provide notice and staff support to the Planning Commission when a hearing is requested. The impacted parties shall have a mandatory meeting with the Department of Public Works in an attempt to work out any issues before a hearing is requested or an appeal to the Planning Commission is filed.
61.1.6 Findings of Exception – Written Report. Where there is disputed evidence, or controversy, regarding a finding of exception, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which a finding of exemption is made. Copies of the report shall be sent to CDFW or any person or group requesting such report in writing. Any person dissatisfied with the finding of exemption may request a formal review pursuant to Section 314-61.1.8.
61.1.7 Definitions. Whenever the words listed below are used in the Zoning Regulations or other regulations related to the Streamside Management Areas and Wetlands Ordinance, they shall have the following meaning:
61.1.7.1“Grading” means all grading, filling, land contouring, clearing and grubbing, drainage activities, site preparation, and road building.
61.1.7.2“CDFW” means the California Department of Fish and Wildlife.
61.1.7.3“Construction” means the erection or construction of, or addition to, any building or structure but shall not include the structural alteration, repair, remodeling, or demolition and reconstruction of and additions to any building or structure where the work would not increase the “footprint” of the building or structure. “Construction” does not include “minor additions” as defined in this section.
61.1.7.4“Minor additions” means an exception to these standards for additions to buildings or structures existing on April 25, 1995, of up to five hundred (500) square feet of floor area. From this date forward, any number of individual additions to an existing building or structure may be permitted provided the aggregated total increase in square footage for all changes does not exceed five hundred (500) square feet of floor area. A “minor addition” is not “construction” as defined in these standards. Note: Physical additions to a building or structure where a condition or a prior discretionary permit or subdivision approval indicated that any future additions would be prohibited are not minor additions as defined in these Implementation Standards.
61.1.7.5“Project” means any “grading” or “construction” activities subject to the provisions of these standards.
61.1.7.6“Streamside management areas” (SMAs) [Policy BR-S5. Streamside management areas defined of the 2017 General Plan] shall be as defined in the Humboldt County General Plan Section 10.3, Biological Resources, of Chapter 10, Conservation and Open Space Elements of the Humboldt County General Plan and includes, a natural resource area along both sides of streams containing the channel and adjacent land. SMAs do not include watercourses consisting entirely of a manmade drainage ditch, or other manmade drainage device, construction, or system. Streamside management areas (SMA) are identified and modified as follows:
61.1.7.6.1Areas specifically mapped as SMA and Wetland (WR) Combining Zones, subject to verification and adjustment pursuant to site-specific biological reporting and review procedures.
61.1.7.6.2For areas along streams not specifically mapped as SMA and Wetland (WR) Combining Zones, the outer boundaries of the SMA shall be defined as:
61.1.7.6.2.1One hundred (100) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of perennial streams.
61.1.7.6.2.2Fifty (50) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of intermittent streams.
Where necessary, as determined by the responsible department, the width of SMAs shall be expanded to include significant areas of riparian vegetation adjacent to the buffer area, slides and areas with visible evidence of slope instability, not to exceed two hundred
(200) feet measured as a horizontal distance from the top of bank as necessary to include slides, or areas with visible evidence of slope instability.
61.1.7.6.3The streamside management area may be reduced or eliminated where the County determines, based on specific factual findings, that:
61.1.7.6.3.1The mapping of the SMA is not accurate, there are no in-channel wetland characteristics or off-channel riparian vegetation, or the reduction will not significantly affect the biological resources of the SMA on the property.
61.1.7.6.3.2For projects subject to ministerial review, reductions may be allowed without a special permit in consultation with California Department of Fish and Wildlife.
When the prescribed buffer would prohibit development of the site for the principal use for which it is designated, measures shall be applied that result in the least environmentally damaging feasible project.
Such determinations require a special permit pursuant to Section 312-3.1.1 et seq.
61.1.7.6.4“Other wet areas,” i.e., natural ponds, springs, vernal pools, marshes and wet meadows. The existence of possible other wet areas shall be identified by the responsible department using normal soils investigation criteria. These criteria indicate the presence of any of the following: standing water, evidencing a natural pond or poor drainage conditions, wetland soils, or hydrophytic vegetation (e.g., swamp grass).
i.e., natural ponds, springs, vernal pools, marshes and wet meadows. The existence of possible other wet areas shall be identified by the responsible department using normal soils investigation criteria. These criteria indicate the presence of any of the following: standing water, evidencing a natural pond or poor drainage conditions, wetland soils, or hydrophytic vegetation (e.g., swamp grass).
61.1.7.6.5“Wetlands” – as defined in the U.S. Army Corps of Engineers Wetland Delineation Manual in the identification and classification of wetlands which considers wetlands as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
61.1.7.6.6Development standards for wetlands shall be consistent with the standards for streamside management areas, as applicable except that the widths of the SMA for wetlands are as follows:
•Seasonal wetlands = fifty (50) feet;
•Perennial wetlands = one hundred fifty (150) feet;
and the setback begins at the edge of the delineated wetland. Buffers may be reduced based on site-specific information and consultation with the California Department of Fish and Wildlife. No buffer shall be required for manmade wetlands except wetlands created for mitigation purposes.
61.1.8 Administration and Enforcement. The regulations of this section are to be administered and enforced by the respective administrative or enforcement official designated by the code for each section cited in Section 314-61.1.4 and hereinafter referred to as “responsible department.” In case of disagreement in the application of the regulations, the Director of the Planning and Building Department shall decide, subject to appeal to the Board of Supervisors pursuant to Section 312-13.
61.1.9 Development Allowed.
61.1.9.1Development within stream channels is limited to the following projects:
61.1.9.1.1Fishery, wildlife, and aquaculture enhancement and restoration projects.
61.1.9.1.2Road crossings consistent with subsection 61.1.10 of this section.
61.1.9.1.3Flood control and drainage channels, levees, dikes and floodgates.
- 61.1.9.1.4Mineral extraction consistent with other County regulations.
61.1.9.1.5Small-scale hydroelectric power plants in compliance with applicable County regulations and those of other agencies.
61.1.9.1.6Wells and spring boxes, and agricultural diversions.
61.1.9.1.7New fencing, so long as it would not impede the natural drainage or wildlife movement and would not adversely affect the stream environment or wildlife.
61.1.9.1.8Bank protection, provided it is the least environmentally damaging alternative.
61.1.9.1.9Other essential public projects, including municipal groundwater pumping stations, provided they are the least environmentally damaging alternative, or necessary for the protection of the public’s health and safety.
61.1.9.1.10Improvements to nonconforming uses and structures when consistent with Sections 314-131 through 314-132 and these regulations.
61.1.9.2Development within streamside management areas shall be limited to the following:
61.1.9.2.1Development permitted within stream channels.
61.1.9.2.2Timber management and harvests activities under a timber harvesting plan or nonindustrial timber management plan, or activities exempt from local regulation as per California Public Resources Code Section 4516.5(d) as well as noncommercial cutting of firewood and clearing for pasturage, provided:
61.1.9.2.2.1Cottonwoods are retained.
61.1.9.2.2.2Remaining willows and alders, as well as other unmerchantable hardwoods or shrubs, are to be protected from unreasonable damage.
61.1.9.2.3Road and bridge replacement or construction, where the length of the road within the SMA shall be minimized, and when it can be demonstrated that it would not degrade fish and wildlife resources or water quality, and that vegetative clearing is kept to a minimum.
61.1.9.2.4Removal of vegetation for disease control or public safety purposes.
61.1.9.2.5Normal and usual agricultural and surface mining practices and uses which are principally permitted within the SMA shall not be considered development for the purposes of this standard.
61.1.9.3 Bank Protection.
61.1.9.3.1Protection measures for County river and stream banks may be permitted for the following purposes:
61.1.9.3.1.1Maintenance, replacement, or construction of necessary public or private roads;
61.1.9.3.1.2Maintenance, replacement, or construction of levees and dikes;
61.1.9.3.1.3Protection of principal structures in danger due to erosion;
61.1.9.3.1.4Protection of lands zoned AE, Agricultural Exclusive, from erosion.
61.1.9.3.2The bank protection measures which may be permitted are listed below in order of preference. The measures chosen for any bank protection project shall employ the highest ranking protection measure wherever feasible. The preference ranking for permitted protection measures shall be as follows:
(1)Piling fence;
(2)Rock hard points;
(3)Continuous revetment.
61.1.10 Mitigation Measures. ¶
61.1.10.1Mitigation measures for development within streamside management areas shall, at a minimum, include:
61.1.10.1.1Retaining snags unless felling is required by CAL-OSHA, or by California Department of Forestry forest and fire protection regulations, or for public health and safety reasons, approved by the Planning and Building Director. Felled snags shall be left on the ground if consistent with fire protection regulations and the required treatment of slash or fuels.
61.1.10.1.2Retain live trees with visible evidence of current or historical use as nesting sites by hawks, owls, eagles, osprey, herons, kites or egrets.
61.1.10.1.3Replanting of disturbed areas with riparian vegetation (including such species as alders, cottonwoods, willows, sitka spruce, etc.) shall be required unless natural regeneration does not occur within two (2) years of the completion of the development project. The mitigation and monitoring report adopted as a part of project approval shall include an alternative regeneration plan in case natural regeneration is not successful.
61.1.10.1.4Revegetation along channelized streams and other wet areas shall be required where the habitat has been converted to other uses. For development allowed within streamside management or other wet areas where the riparian habitat has been converted to other uses, the project shall be conditioned to require the development of new riparian or wetland habitat of an area equal to the area in which the development is to occur, or the area of an existing or proposed easement or right-of-way, whichever is larger.
61.1.10.1.5 Erosion Control Measures. As found within the Building Regulations, Section 331-14, Grading, Excavating, Erosion, and Sedimentation Control, and the following:
61.1.10.1.5.1During construction, land clearing and vegetation removal will be minimized, following the provisions of the Water Resources Element and the standards listed here;
61.1.10.1.5.2Construction sites with at least one hundred (100) square feet of exposed soil will be planted or seeded as appropriate per mitigations as recommended in writing by the lead agency with native or noninvasive vegetation and mulched with natural or chemical
stabilizers to aid in erosion control and ensure revegetation;
61.1.10.1.5.3Long slopes will be minimized to increase infiltration and reduce water velocities down cut slopes by such techniques as soil roughing, serrated cuts, selective grading, shaping, benching, and berm construction.
61.1.10.1.6Concentrated runoff will be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains, or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge, where discharge is to natural ground or channels.
ted runoff will be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains, or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge, where discharge is to natural ground or channels.
61.1.10.1.7Runoff shall be controlled to prevent erosion by on-site or off-site methods. On-site methods include, but are not limited to, the use of infiltration basins, percolation pits, or trenches. On-site methods are not suitable where high groundwater or slope stability problems would inhibit or be aggravated by on-site retention or where retention will provide no benefits for groundwater recharge or erosion control. Off-site methods include detention or dispersal of runoff over nonerodible vegetated surfaces where it would not contribute to downstream erosion or flooding.
61.1.10.1.8Disposal of silt, organic, and earthen material from sediment basins and excess material from construction will be disposed of out of the streamside management area to comply with California Department of Fish and Wildlife and the North Coast Regional Water Quality Control Board requirements.
61.1.10.1.9Winter operations (generally October 15th through April 15th) shall employ the following special considerations:
(1)Slopes will be temporarily stabilized by stage seeding and/or planting of fast germinating seeds, such as barley or rye grass, and mulched with protective coverings such as natural or chemical stabilizations; and
(2)Runoff from the site will be temporarily detained or filtered by berms, vegetated filter strips, and/or catch basins to prevent the escape of sediment from the site. Drainage controls are to be maintained as long as necessary to prevent erosion throughout construction.
61.1.11 Prohibited Activities. ¶
61.1.11.1The following prohibitions pertain to all development and related activities within streamside management areas, wetlands and or other wet areas within the County:
61.1.11.1.1The discharge of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, into any streamside management or other wet area in quantities deleterious to fish, wildlife, or other beneficial uses is prohibited.
61.1.11.1.2The placement of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, where such material could pass into any streamside management or other wet area in quantities which could be deleterious to fish, wildlife, or other beneficial uses.
61.1.12 Confirmation of Development within SMAs and Wetlands. As a part of a development application review, the responsible department shall check USGS maps, or other information available to the department, to determine if grading, construction, or other activity is proposed to be located within a SMA or other wet area.
A preliminary on-site inspection shall be performed prior to any grading, construction, or other development permit issuance to determine if the project area contains SMAs or other wet areas.
Where there is disputed evidence or controversy regarding the confirmation of development within SMAs or other wet areas, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which the confirmation is made.
Copies of the report shall be sent to CDFW and to any person or group requesting such report in writing.
61.1.13 Biological Report Required. An application proposing development activities within a SMA or Other Wet Area shall include a site-specific biological report prepared consistent with these regulations.
The written report prepared by a qualified biologist shall be referred to CDFG for review and comment. If no reply is received from CDFG within ten (10) working days of the date of the referral, it shall be assumed that the report satisfies CDFG requirements.
61.1.14 Incorporation of Recommendations as Conditions. The recommendations contained within the written report shall be incorporated into any development permit as conditions of approval by the Responsible Department.
61.1.15 Project Monitoring, Security, and Certificate of Completion. The monitoring of mitigation measures and reporting of monitoring activities made as conditions to any permit issued pursuant to this section shall be performed as specified in the project’s adopted mitigation and monitoring plan.
No development permit final acceptance, certificate of compliance or certificate of occupancy, nor any further development permits shall be issued unless and until all initial mitigation measures are completed and accepted by the County.
Where a project is phased or where mitigation measures are to be monitored beyond an initial building, grading, or construction period, or where mitigation measures are required beyond this initial period, as described within the development permit, the permittee shall post a bond or equal security with the Responsible Department prior to commencing any grading or construction activities. The amount of the bond or security is to be based upon the cost of performing the required mitigation measures, the related monitoring and report activities, and the County’s administrative and processing costs.
Following a written notice to the permittee of a failure to complete or fully implement mitigation or monitoring measures within the time period specified within the permit conditions, the bond or other security may be forfeited and applied to the incomplete mitigation or monitoring measures at the discretion of the Responsible Department.
61.1.16 Waiver of Procedures for Emergencies. The provisions of Section 312-15, Subsections 1-5, of the County Zoning regulations shall be followed in cases of emergencies. Following the issuance of an emergency development permit or variance, application shall be made and processed for the required development permit or variance in accordance with the applicable provisions of the County Code.
61.1.17 Biological Report. Where a Biological Report is required by these regulations, the report shall be prepared by a qualified professional educated, trained, and experienced in the subject matter, and the report shall contain the following:
Section I Summary of Findings and Conclusions Section II Introduction, Background, and Project Understanding Section III Methods
A. Field Observation and Studies
- B. Trustee and Other Agency Consultation
C. Document and Report Review D. Cumulative Biological and Watershed Effects Section IV Results and Discussion A. Existing Site Conditions 1. Terrestrial 2. Hydrologic and Aquatic 3. Sensitive Species or Habitats B. Offsite Conditions 1. Terrestrial 2. Hydrologic and Aquatic 3. Sensitive Species or Habitats C. Development Effects 1. Direct 2. Indirect 3. Cumulative D. Recommended Mitigation and Monitoring Measures Section V References A. Plant Species Observed B. Other Species Observed directly or indirectly (e.g., nests, scats, tracks, etc.) C. Sensitive Species or Habitats in the Project Vicinity (listing)
61.1.18 Mitigation and Monitoring Plan.
61.1.18.1When a mitigation or monitoring plan is required, information sufficient to answer all of the following is required:
61.1.18.1.1Statement of project/mitigation goals – what do you want to create?
61.1.18.1.1.1Map and/or description of existing site conditions.
61.1.18.1.2Schedule for implementation, inspection, and maintenance.
61.1.18.1.3Description of site preparation; i.e., excavation, grading, stockpile of topsoil, etc.
61.1.18.1.4Identify the planting material; i.e., cuttings, seedlings, seed, plugs, container size (source if not obtained from commercial nursery).
61.1.18.1.4.1Use of mulch and/or fertilizers.
61.1.18.1.4.2Description of plant preparation, if necessary; i.e., how cuttings were obtained, size, treatment with rooting hormone.
61.1.18.1.4.3Necessity for irrigation and/or fencing.
61.1.18.1.5Performance Standards – how to measure success through defined criteria; i.e., number of viable species, cover values, height, growth, etc. For example:
61.1.18.1.5.1Year one – 80% tree species viable and achieving at least 4 inches of growth from initiation of planting.
61.1.18.1.5.2Year three – plugs of silverweed shall cover at least 30% of project site.
61.1.18.1.6Monitoring Requirements – (standard is five years of monitoring).
61.1.18.1.6.1Conduct during June each year; however, may be modified if specific species are involved (i.e., annual that blooms in April).
61.1.18.1.6.2Photos.
61.1.18.1.7Reporting – listing of appropriate agencies to receive copies of monitoring report.
61.1.18.1.8Remedial Measures – plan shall include measures for mitigation not achieving specified performance criteria; i.e., replanting, irrigation, fencing, etc.
61-2 SUPPORTIVE HOUSING ¶
61.2.1 Purpose. The purpose of these regulations is to facilitate development of supportive housing as defined in California Government Code. California Government Code Section 65582 defines supportive housing as housing with no limit on the length of stay that is occupied by the target population, and that is linked to an on-site or off-site service that helps residents retain the housing, improve his or her health status, and maximize their ability to live and, when possible, work in the community. Supportive housing is a residential use subject to the same requirements and restrictions that apply to other residential uses of the same type in the same zone.
61.2.2 Applicability. ¶
61.2.2.1 Single-Unit Supportive Housing. Supportive housing that consists of single residential units is principally permitted in all zones where single-family residential development is principally permitted, and is subject only to the development standards applicable to residential uses of the same type in the same zone.
61.2.2.2 Multifamily Supportive Housing. Multifamily supportive housing developed under California Government Code 65650 et seq., consisting of fifty (50) units or less that meets all of the following requirements is principally permitted in the R-3, R-4, C-1, C-2, C-3, CH, MB, MU1 and MU2 zoning districts, provided:
61.2.2.2.1Units within the development are subject to a recorded affordability restriction for fifty-five (55) years.
61.2.2.2.2 Affordability. One hundred percent (100%) of the units within the development, excluding managers’ units, must be restricted to lower income households, and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Lower income households has the same meaning as defined in California Health and Safety Code Section 50079.5.
61.2.2.2.3 Supportive Housing Units. At least twenty-five percent (25%) of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. In developments with fewer than twelve (12) units, one hundred percent (100%) of those units must be restricted to residents in supportive housing.
61.2.2.2.4 Services Plan. The applicant must submit a plan for providing supportive services, with documentation demonstrating that supportive services will be provided on site to residents in the project as required by California Government Code Section 65651, and describing those services, which must include all of the following:
61.2.2.2.4.1The name of the proposed entity or entities that will provide supportive services.
61.2.2.2.4.2The proposed funding source or sources for the provided on-site supportive services.
61.2.2.2.4.3Proposed staffing levels.
61.2.2.2.5 Replacement Dwelling Units. The supportive housing development must replace rental dwelling units in the manner provided in California Government Code Section 65915.
61.2.2.2.6 Facilities. Units within the development, excluding managers’ units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
61.2.2.2.7 Supportive Services Floor Area. For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for on-site supportive services. For a development with more than twenty-one (21) units, at least three percent (3%) of the total nonresidential floor area must be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
61.2.2.2.8Any other requirements of California Government Code Section 65650 et seq. regarding supportive housing, as that section may be amended.
61.2.2.3Multifamily supportive housing is subject only to the development standards applicable to residential uses of the same type in the same zone.
61.2.3 Supportive Housing in Commercial Zones and Business Parks. Supportive housing located in C-1, C-2, C-3 or MB zoning districts is permitted above the ground floor as the primary use. Supportive housing units may be located on the ground floor in C-1, C- 2, C-3, or MB zoning districts with a special permit.
61.2.4 Parking. Supportive housing located within one-half (1/2) mile walking distance of a public transit stop is not subject to minimum parking requirements. (Ord. 2275, § D, 5/28/2002; Ord. 2629, § 9, 6/11/2019; Ord. 2693, § 2, 6/7/2022; Ord. 2721, § 2, 7/11/2023; Ord. 2729, § 2, 1/9/2024) Your Selections
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61.05 SAFE PARKING AND SAFE SHELTER PILOT PROGRAM ¶
61.05.1 Purpose and Duration. The purpose of these regulations is to facilitate development of a pilot program to provide safe, temporary shelter sites that accommodate vehicles, tents, or other approved structures for people who are experiencing homelessness while they seek permanent housing. Participation in the program is not conditioned on accepting the services offered. This section and all zoning clearance certificates issued pursuant to this section shall expire and be automatically repealed forty-two (42) months from the effective date unless the term of this section and specified zoning clearance certificates are extended by the Board of Supervisors.
This section places a limit on the number of safe parking and safe shelter sites at ten (10) sites.
61.05.2 Applicability. The safe parking and safe shelter programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. Safe parking and safe shelter programs that meet all of the following requirements are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts with a zoning clearance certificate. Safe parking and safe shelter programs on the site of a church in other zones may be permitted with a use permit, except that church sites on TPZ or prime agricultural land are not eligible. Safe parking and safe shelter may be located on AG parcels located within one (1) mile of services needed for sustainable living.
61.05.3 Site Requirements. Safe parking and safe shelter sites: ¶
61.05.3.1May accommodate up to twenty (20) vehicles, tents, sleeping cabins, or other units that meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards. Exception: A site operated under the village - model management plan (defined in Section 314 61.05.6.3) is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet the standards above.
61.05.3.2Must be located on a road or have a driveway that is accessible for emergency vehicles, trash pickup, and portable restroom service.
61.05.3.3Must have drainage so there is no standing water in the areas used for sleeping.
61.05.3.4Must be located at least three hundred (300) feet from another safe parking or safe shelter site.
61.05.3.5If the site is an existing parking lot, no more than one-half (1/2) of the parking spaces may be occupied by vehicles, tents, or shelter units.
61.05.3.6At the time of issuance of a zoning clearance certificate, the proposed site may not be occupied by unauthorized homeless individuals, vehicles or shelters, and properties in the abatement process are not eligible.
61.05.3.7All safe parking/safe shelter zoning clearance certificates or special permits on the anniversary date of such issuance will be subject to an annual inspection by the County to verify compliance with this section and all terms of the approved management plan.
Exceptions to Sections 314-61.05.3.1 through 314-61.05.3.5 may be allowed subject to a special permit in accordance with Section 3125 et seq. with a finding that the exception poses no additional risk to the health and safety of the occupants.
61.05.4 Vehicle and Shelter Types. ¶
61.05.4.1 Safe Parking Sites. ¶
61.05.4.1.1The type of vehicle and number of each vehicle type, if applicable, must be specified in the management plan and may include cars, vans, recreational vehicles (“RVs”) or a combination of these.
61.05.4.1.2All vehicles parked overnight must be operable so they can be moved off the site under their own power.
61.05.4.1.3A minimum of six (6) feet clearance must be maintained between vehicles.
61.05.4.2 Safe Shelter Sites. ¶
61.05.4.2.1Tents, sleeping cabins, or other shelters are allowed as individual units if they meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards.
61.05.4.2.2A minimum of six (6) feet clearance must be maintained between tents or units.
61.05.4.2.3Each tent or unit must have an exit that leads directly to the outdoors/evacuation route.
61.05.4.2.4Sleeping cabins must have light and ventilation.
61.05.5 Operating Standards.
61.05.5.1Vehicles, tents or shelter units must be at least five (5) feet from any property line.
61.05.5.2Outdoor lighting must be shielded and focused away from adjoining properties.
61.05.5.3Prior to occupancy of the site, the provider must submit, along with its management plan, a department approval letter from the Division of Environmental Health verifying that the site is served by an acceptable means of sewage disposal able to accommodate the anticipated wastewater demand.
61.05.5.4If the site allows recreational vehicles, no disposal of sewage from recreational vehicles is permitted at the site, unless the provider documents that the North Coast Regional Water Quality Control Board has approved the sewage disposal system for that use and details of the sewage disposal system are included in its management plan.
61.05.5.5If the site allows recreational vehicles, no disposal of graywater or blackwater from recreational vehicles is permitted at the site, unless the provider shows documentation for legal disposal in its management plan.
61.05.5.6Hours of operation are limited to overnight hours as specified in the provider’s management plan, except as follows:
61.05.5.6.1 Exception. A program that qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify twenty-four (24) hour operation in the provider’s management plan if it provides appropriate staffing. Low barrier navigation center programs include all the following components:
61.05.5.6.1.1The program offers services to connect people to permanent housing through a services plan that identifies services staffing.
61.05.5.6.1.2The program is linked to a coordinated entry system, so that staff may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system designed to coordinate program participant intake, assessment, and referrals as described in Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements.
61.05.5.6.1.3The program complies with Housing First as set forth in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
61.05.5.6.1.4The program has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System (HMIS) as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
61.05.5.6.1.5A site that operates as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify a length of stay longer than six (6) months, as set forth in the provider’s management plan, defined in Section 314-61.05.6.3.
61.05.5.6.2 Exception. A program operated under the village model management plan described below may choose to provide twentyfour/seven (24/7) service if it is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet California emergency housing standards, and at least two (2) employees or volunteer staff remain on site at all times, as set forth in the provider’s management plan.
61.05.5.7The operator must provide monthly reports to the Planning and Building Department and Department of Health and Human Services identifying the number of people present each night during the month, the use and maintenance of temporary restroom facilities, and any operational concerns. Pictures of the site must be included with the monthly report showing the condition of the site.
61.05.5.8Within thirty (30) days of the end of the use, all elements associated with the temporary use must be removed.
61.05.6 Safe Parking/Safe Shelter Provider.
61.05.6.1A safe parking or safe shelter program must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization, or a party contracted by the above (“provider”). A provider monitors compliance with its written management plan and notifies emergency services in the event of an emergency.
61.05.6.2The provider must provide for, or provide access to, all of the following:
61.05.6.2.1Sanitary facilities, including toilet and handwashing;
61.05.6.2.2Shower facilities or access to showers;
61.05.6.2.3Facilities accessible to persons with disabilities (twenty percent (20%) of spaces or units, including sanitary facilities);
61.05.6.2.4Garbage containers and trash disposal services; and
61.05.6.2.5Secure storage facilities for personal items, but storage of such items must not create a fire-life-safety hazard.
61.05.6.3The provider must have an approved management plan prior to opening its facility for use. The provider may use one of three (3) preapproved model safe parking/safe shelter plans, available on file with the Planning and Building Department: (1) a minimal
requirements model designed for overnight programs, (2) a village model with fewer spaces, participants as staff, and capability for twenty-four (24) hour operation, or (3) a service-intensive low barrier model. The plans describe the services provided including all of the following:
61.05.6.3.1Hours of operation;
61.05.6.3.2Number of parking spaces or tent/shelter units;
61.05.6.3.3The services and amenities to be provided;
61.05.6.3.4Staffing levels;
61.05.6.3.5Neighborhood outreach program;
61.05.6.3.6Rules governing participant intake and selection, a written participant agreement, and procedures for periodic reviews, extensions, and removals;
61.05.6.3.7A security plan ensuring adequate health and safety of management and visitors on site, and a process to avoid potential nuisances near the site. The provider must demonstrate that local emergency services, including the Sheriff's Office, the local Fire Department and the appropriate ambulance operators have been notified of the shelter’s operation.
Programs that accommodate tents, cabins, or other non-vehicle shelter types must submit Appendix A, detailing plans to comply with the emergency housing building code.
61.05.6.4A provider may amend voluntary provisions of its management plan by filing an update with the Planning Department, posting the changes as provided in the plan, and notifying neighbors as part of its neighborhood outreach plan.
61.05.6.5Providers operating safe parking/safe shelter facilities must annually track and report to the County by September 30th of each year the following details of the use of their facility:
61.05.6.5.1Number of persons served by month;
61.05.6.5.2Number of persons served whose residence was or is a vehicle;
61.05.6.5.3Number of persons served who are no longer in need of a homeless shelter;
61.05.6.5.4Number of persons who have moved into permanent supportive housing;
61.05.6.5.5Average percent occupancy of safe parking and safe shelter sites.
61.05.7 Zoning Clearance Certificate Revocation.
61.05.7.1 Grounds for Revocation. The Director may initiate proceedings to revoke the zoning clearance certificate for a safe parking/safe shelter site granted under this section if the Director has substantial evidence that:
61.05.7.1.1The facility may not be in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s);
61.05.7.1.2The facility failed to comply with objective standards in this section;
61.05.7.1.3The facility failed to comply with its management plan in a way that poses harm to the health and safety of its participants or the community; or
61.05.7.1.4Activities at the facility constitute a nuisance as defined in Section 351-3.
61.05.7.2 Notice. Before the Director may initiate a public hearing to revoke any zoning clearance certificate for a safe parking/safe shelter site, the Director must issue a written notice to the provider that specifies (A) the facility; (B) the violation(s) to be corrected; (C) the time frame in which the provider must correct such violation(s); and (D) that, in addition to all other rights and remedies the County may pursue, the County may initiate revocation proceedings for failure to correct such violation(s) in the specified time frame.
61.05.7.3 Hearing. A zoning clearance certificate granted under this section may be revoked pursuant to Section 314-61.05.7.1 only by the Board of Supervisors after a duly noticed public hearing.
61.05.7.4 No Appeals. Any decision by the Board of Supervisors to revoke or not revoke a zoning clearance certificate is final and not subject to further appeals. Within five (5) business days after the Board of Supervisors adopts a resolution to revoke the zoning clearance certificate, the Director will provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.
61.1 STREAMSIDE MANAGEMENT AREAS AND WETLANDS ORDINANCE
61.1.1 Short Title. This section shall be known and cited as the “Streamside Management Areas and Wetlands Ordinance of the County of Humboldt” (SMAWO). In any administrative action taken by any public official under the authority of this code, the use of the term “Streamside Management Areas and Wetlands Ordinance” or “SMAWO,” unless further modified, shall also refer to and mean this section.
61.1.2 Purpose. The purpose of this section is to provide minimum standards pertaining to the use and development of land located within Streamside Management Areas (SMAs), wetlands and other wet areas such as: natural ponds, springs, vernal pools, marshes, and wet meadows.
The purpose of establishing the standards is to:
•Create a Streamside Management Areas and Wetlands ordinance within the zoning regulations of the County of Humboldt pursuant to the mandates of state law.
•Implement portions of the County’s General Plan policies and standards pertaining to open space, conservation, housing, water resources, biological resources, and public facilities.
61.1.3 Relationship to Other Regulations. These regulations shall be in addition to regulations imposed by the principal zone, combining zone, development regulations, and other open space or resource protection regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most protective of natural resources shall apply.
61.1.4 Scope of Application. This section shall be applicable to all development within or affecting SMAs, wetlands or other wet areas within the unincorporated areas of the County and outside the Coastal Zone.
The provisions of this section shall be applicable to all development permits issued by the County pursuant to:
(1) Division 1, Planning, of Title III, Land Use and Development.
(2) Division 2, Subdivision Regulations, of Title III, Land Use and Development.
(3) Division 3, Building Regulations, Title III, Land Use and Development.
(4) Division 4, Protection and Control of County Roads and Permits, Title IV, Streets and Highways.
These regulations shall not apply to:
61.1.4.1Routine maintenance activities associated with existing public or private facilities, defined as “activities to support, keep and continue in an existing state or condition without decline.” Routine activities include the replacement of culverts and related structures when conducted pursuant to a Department of Fish and Wildlife Lake or Streambed Alteration Agreement (LSAA).
For the purpose of these regulations, routine maintenance activities do not include:
•Removal of trees with a diameter of twelve (12) inches or greater (thirty-eight (38) inch circumference), or
•Removal of trees from within a contiguous or noncontiguous area of more than six thousand (6,000) square feet as measured under the tree canopy, or
•Activities that could result in significant environmental impacts where the removal will:
–Be located within a streamside management area, wetland or other wet area as defined in County regulations, or
–Occur on slopes greater than fifteen percent (15%), or
–Will expose more than two thousand (2,000) square feet of soil to erosion.
A site evaluation shall be made where necessary to determine if a project meets the exemption standards of these regulations or if the proposed development requires a special permit.
61.1.4.2Grading and construction activities associated with on-site wells and sewage disposal systems for single-family dwellings which have received all required County and State permits; or
61.1.4.3Any project where a complete application for grading or construction was accepted by the Planning and Building Department prior to April 25, 1995; or
61.1.4.4To any construction or grading on property which was subdivided and subject to discretionary and environmental review by the County after the effective date of the 1984 General Plan, January 2, 1985, and any subsequent and applicable Community Plans, if the responsible department has determined that all conditions of approval and specific mitigation requirements have been fully met; or
61.1.4.5Development activities proposed and carried out under the provisions of the Division 9, Mining Operations, of Title III, Land Use and Development.
61.1.4.6Timber harvest and management activities when approved and carried out consistent with the California Forest Practices Act. Activities which are not exempt from the local regulation pursuant to Public Resources Code Section 4516.5(f) are subject to these regulations. Permits are required for private roads within timber harvest areas where the proposed improvements are in excess of the minimum road standards required by the California Department of Forestry for timber harvesting activities.
The exemptions contained in Section 331-14(d)(2), Grading, Excavation, Erosion and Sedimentation Control, do not apply in SMAs, wetlands or other wet areas.
61.1.5 Permit Required and Processing. All development as defined in the General Plan within or affecting SMAs, wetlands or other wet areas not exempted under Section 314-61.1.4 shall require a permit pursuant to an application for development within SMAs, wetlands or other wet areas and processed as a special permit pursuant to the Humboldt County Zoning Regulations (Section 312-3.1.1 et seq.).
For those activities subject to these regulations and conducted by the County Department of Public Works, the Director of the Department (of Public Works) shall be responsible for the environmental review and public notice requirement, be empowered to approve and issue a special permit following the making of findings, be empowered to meet with and work out solutions with impacted parties, and be required to provide notice and staff support to the Planning Commission when a hearing is requested. The impacted parties shall have a mandatory meeting with the Department of Public Works in an attempt to work out any issues before a hearing is requested or an appeal to the Planning Commission is filed.
61.1.6 Findings of Exception – Written Report. Where there is disputed evidence, or controversy, regarding a finding of exception, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which a finding of exemption is made. Copies of the report shall be sent to CDFW or any person or group requesting such report in writing. Any person dissatisfied with the finding of exemption may request a formal review pursuant to Section 314-61.1.8.
61.1.7 Definitions. Whenever the words listed below are used in the Zoning Regulations or other regulations related to the Streamside Management Areas and Wetlands Ordinance, they shall have the following meaning:
61.1.7.1“Grading” means all grading, filling, land contouring, clearing and grubbing, drainage activities, site preparation, and road building.
61.1.7.2“CDFW” means the California Department of Fish and Wildlife.
61.1.7.3“Construction” means the erection or construction of, or addition to, any building or structure but shall not include the structural alteration, repair, remodeling, or demolition and reconstruction of and additions to any building or structure where the work would not increase the “footprint” of the building or structure. “Construction” does not include “minor additions” as defined in this section.
61.1.7.4“Minor additions” means an exception to these standards for additions to buildings or structures existing on April 25, 1995, of up to five hundred (500) square feet of floor area. From this date forward, any number of individual additions to an existing building or structure may be permitted provided the aggregated total increase in square footage for all changes does not exceed five hundred (500) square feet of floor area. A “minor addition” is not “construction” as defined in these standards. Note: Physical additions to a building or structure where a condition or a prior discretionary permit or subdivision approval indicated that any future additions would be prohibited are not minor additions as defined in these Implementation Standards.
61.1.7.5“Project” means any “grading” or “construction” activities subject to the provisions of these standards.
61.1.7.6“Streamside management areas” (SMAs) [Policy BR-S5. Streamside management areas defined of the 2017 General Plan] shall be as defined in the Humboldt County General Plan Section 10.3, Biological Resources, of Chapter 10, Conservation and Open Space Elements of the Humboldt County General Plan and includes, a natural resource area along both sides of streams containing the channel and adjacent land. SMAs do not include watercourses consisting entirely of a manmade drainage ditch, or other manmade drainage device, construction, or system. Streamside management areas (SMA) are identified and modified as follows:
61.1.7.6.1Areas specifically mapped as SMA and Wetland (WR) Combining Zones, subject to verification and adjustment pursuant to site-specific biological reporting and review procedures.
61.1.7.6.2For areas along streams not specifically mapped as SMA and Wetland (WR) Combining Zones, the outer boundaries of the SMA shall be defined as:
61.1.7.6.2.1One hundred (100) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of perennial streams.
61.1.7.6.2.2Fifty (50) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of intermittent streams.
Where necessary, as determined by the responsible department, the width of SMAs shall be expanded to include significant areas of riparian vegetation adjacent to the buffer area, slides and areas with visible evidence of slope instability, not to exceed two hundred
(200) feet measured as a horizontal distance from the top of bank as necessary to include slides, or areas with visible evidence of slope instability.
61.1.7.6.3The streamside management area may be reduced or eliminated where the County determines, based on specific factual findings, that:
61.1.7.6.3.1The mapping of the SMA is not accurate, there are no in-channel wetland characteristics or off-channel riparian vegetation, or the reduction will not significantly affect the biological resources of the SMA on the property.
61.1.7.6.3.2For projects subject to ministerial review, reductions may be allowed without a special permit in consultation with California Department of Fish and Wildlife.
When the prescribed buffer would prohibit development of the site for the principal use for which it is designated, measures shall be applied that result in the least environmentally damaging feasible project.
Such determinations require a special permit pursuant to Section 312-3.1.1 et seq.
61.1.7.6.4“Other wet areas,” i.e., natural ponds, springs, vernal pools, marshes and wet meadows. The existence of possible other wet areas shall be identified by the responsible department using normal soils investigation criteria. These criteria indicate the presence of any of the following: standing water, evidencing a natural pond or poor drainage conditions, wetland soils, or hydrophytic vegetation (e.g., swamp grass).
i.e., natural ponds, springs, vernal pools, marshes and wet meadows. The existence of possible other wet areas shall be identified by the responsible department using normal soils investigation criteria. These criteria indicate the presence of any of the following: standing water, evidencing a natural pond or poor drainage conditions, wetland soils, or hydrophytic vegetation (e.g., swamp grass).
61.1.7.6.5“Wetlands” – as defined in the U.S. Army Corps of Engineers Wetland Delineation Manual in the identification and classification of wetlands which considers wetlands as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
61.1.7.6.6Development standards for wetlands shall be consistent with the standards for streamside management areas, as applicable except that the widths of the SMA for wetlands are as follows:
•Seasonal wetlands = fifty (50) feet;
•Perennial wetlands = one hundred fifty (150) feet;
and the setback begins at the edge of the delineated wetland. Buffers may be reduced based on site-specific information and consultation with the California Department of Fish and Wildlife. No buffer shall be required for manmade wetlands except wetlands created for mitigation purposes.
61.1.8 Administration and Enforcement. The regulations of this section are to be administered and enforced by the respective administrative or enforcement official designated by the code for each section cited in Section 314-61.1.4 and hereinafter referred to as “responsible department.” In case of disagreement in the application of the regulations, the Director of the Planning and Building Department shall decide, subject to appeal to the Board of Supervisors pursuant to Section 312-13.
61.1.9 Development Allowed.
61.1.9.1Development within stream channels is limited to the following projects:
61.1.9.1.1Fishery, wildlife, and aquaculture enhancement and restoration projects.
61.1.9.1.2Road crossings consistent with subsection 61.1.10 of this section.
61.1.9.1.3Flood control and drainage channels, levees, dikes and floodgates.
- 61.1.9.1.4Mineral extraction consistent with other County regulations.
61.1.9.1.5Small-scale hydroelectric power plants in compliance with applicable County regulations and those of other agencies.
61.1.9.1.6Wells and spring boxes, and agricultural diversions.
61.1.9.1.7New fencing, so long as it would not impede the natural drainage or wildlife movement and would not adversely affect the stream environment or wildlife.
61.1.9.1.8Bank protection, provided it is the least environmentally damaging alternative.
61.1.9.1.9Other essential public projects, including municipal groundwater pumping stations, provided they are the least environmentally damaging alternative, or necessary for the protection of the public’s health and safety.
61.1.9.1.10Improvements to nonconforming uses and structures when consistent with Sections 314-131 through 314-132 and these regulations.
61.1.9.2Development within streamside management areas shall be limited to the following:
61.1.9.2.1Development permitted within stream channels.
61.1.9.2.2Timber management and harvests activities under a timber harvesting plan or nonindustrial timber management plan, or activities exempt from local regulation as per California Public Resources Code Section 4516.5(d) as well as noncommercial cutting of firewood and clearing for pasturage, provided:
61.1.9.2.2.1Cottonwoods are retained.
61.1.9.2.2.2Remaining willows and alders, as well as other unmerchantable hardwoods or shrubs, are to be protected from unreasonable damage.
61.1.9.2.3Road and bridge replacement or construction, where the length of the road within the SMA shall be minimized, and when it can be demonstrated that it would not degrade fish and wildlife resources or water quality, and that vegetative clearing is kept to a minimum.
61.1.9.2.4Removal of vegetation for disease control or public safety purposes.
61.1.9.2.5Normal and usual agricultural and surface mining practices and uses which are principally permitted within the SMA shall not be considered development for the purposes of this standard.
61.1.9.3 Bank Protection.
61.1.9.3.1Protection measures for County river and stream banks may be permitted for the following purposes:
61.1.9.3.1.1Maintenance, replacement, or construction of necessary public or private roads;
61.1.9.3.1.2Maintenance, replacement, or construction of levees and dikes;
61.1.9.3.1.3Protection of principal structures in danger due to erosion;
61.1.9.3.1.4Protection of lands zoned AE, Agricultural Exclusive, from erosion.
61.1.9.3.2The bank protection measures which may be permitted are listed below in order of preference. The measures chosen for any bank protection project shall employ the highest ranking protection measure wherever feasible. The preference ranking for permitted protection measures shall be as follows:
(1)Piling fence;
(2)Rock hard points;
(3)Continuous revetment.
61.1.10 Mitigation Measures. ¶
61.1.10.1Mitigation measures for development within streamside management areas shall, at a minimum, include:
61.1.10.1.1Retaining snags unless felling is required by CAL-OSHA, or by California Department of Forestry forest and fire protection regulations, or for public health and safety reasons, approved by the Planning and Building Director. Felled snags shall be left on the ground if consistent with fire protection regulations and the required treatment of slash or fuels.
61.1.10.1.2Retain live trees with visible evidence of current or historical use as nesting sites by hawks, owls, eagles, osprey, herons, kites or egrets.
61.1.10.1.3Replanting of disturbed areas with riparian vegetation (including such species as alders, cottonwoods, willows, sitka spruce, etc.) shall be required unless natural regeneration does not occur within two (2) years of the completion of the development project. The mitigation and monitoring report adopted as a part of project approval shall include an alternative regeneration plan in case natural regeneration is not successful.
61.1.10.1.4Revegetation along channelized streams and other wet areas shall be required where the habitat has been converted to other uses. For development allowed within streamside management or other wet areas where the riparian habitat has been converted to other uses, the project shall be conditioned to require the development of new riparian or wetland habitat of an area equal to the area in which the development is to occur, or the area of an existing or proposed easement or right-of-way, whichever is larger.
61.1.10.1.5 Erosion Control Measures. As found within the Building Regulations, Section 331-14, Grading, Excavating, Erosion, and Sedimentation Control, and the following:
61.1.10.1.5.1During construction, land clearing and vegetation removal will be minimized, following the provisions of the Water Resources Element and the standards listed here;
61.1.10.1.5.2Construction sites with at least one hundred (100) square feet of exposed soil will be planted or seeded as appropriate per mitigations as recommended in writing by the lead agency with native or noninvasive vegetation and mulched with natural or chemical
stabilizers to aid in erosion control and ensure revegetation;
61.1.10.1.5.3Long slopes will be minimized to increase infiltration and reduce water velocities down cut slopes by such techniques as soil roughing, serrated cuts, selective grading, shaping, benching, and berm construction.
61.1.10.1.6Concentrated runoff will be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains, or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge, where discharge is to natural ground or channels.
ted runoff will be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains, or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge, where discharge is to natural ground or channels.
61.1.10.1.7Runoff shall be controlled to prevent erosion by on-site or off-site methods. On-site methods include, but are not limited to, the use of infiltration basins, percolation pits, or trenches. On-site methods are not suitable where high groundwater or slope stability problems would inhibit or be aggravated by on-site retention or where retention will provide no benefits for groundwater recharge or erosion control. Off-site methods include detention or dispersal of runoff over nonerodible vegetated surfaces where it would not contribute to downstream erosion or flooding.
61.1.10.1.8Disposal of silt, organic, and earthen material from sediment basins and excess material from construction will be disposed of out of the streamside management area to comply with California Department of Fish and Wildlife and the North Coast Regional Water Quality Control Board requirements.
61.1.10.1.9Winter operations (generally October 15th through April 15th) shall employ the following special considerations:
(1)Slopes will be temporarily stabilized by stage seeding and/or planting of fast germinating seeds, such as barley or rye grass, and mulched with protective coverings such as natural or chemical stabilizations; and
(2)Runoff from the site will be temporarily detained or filtered by berms, vegetated filter strips, and/or catch basins to prevent the escape of sediment from the site. Drainage controls are to be maintained as long as necessary to prevent erosion throughout construction.
61.1.11 Prohibited Activities. ¶
61.1.11.1The following prohibitions pertain to all development and related activities within streamside management areas, wetlands and or other wet areas within the County:
61.1.11.1.1The discharge of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, into any streamside management or other wet area in quantities deleterious to fish, wildlife, or other beneficial uses is prohibited.
61.1.11.1.2The placement of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, where such material could pass into any streamside management or other wet area in quantities which could be deleterious to fish, wildlife, or other beneficial uses.
61.1.12 Confirmation of Development within SMAs and Wetlands. As a part of a development application review, the responsible department shall check USGS maps, or other information available to the department, to determine if grading, construction, or other activity is proposed to be located within a SMA or other wet area.
A preliminary on-site inspection shall be performed prior to any grading, construction, or other development permit issuance to determine if the project area contains SMAs or other wet areas.
Where there is disputed evidence or controversy regarding the confirmation of development within SMAs or other wet areas, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which the confirmation is made.
Copies of the report shall be sent to CDFW and to any person or group requesting such report in writing.
61.1.13 Biological Report Required. An application proposing development activities within a SMA or Other Wet Area shall include a site-specific biological report prepared consistent with these regulations.
The written report prepared by a qualified biologist shall be referred to CDFG for review and comment. If no reply is received from CDFG within ten (10) working days of the date of the referral, it shall be assumed that the report satisfies CDFG requirements.
61.1.14 Incorporation of Recommendations as Conditions. The recommendations contained within the written report shall be incorporated into any development permit as conditions of approval by the Responsible Department.
61.1.15 Project Monitoring, Security, and Certificate of Completion. The monitoring of mitigation measures and reporting of monitoring activities made as conditions to any permit issued pursuant to this section shall be performed as specified in the project’s adopted mitigation and monitoring plan.
No development permit final acceptance, certificate of compliance or certificate of occupancy, nor any further development permits shall be issued unless and until all initial mitigation measures are completed and accepted by the County.
Where a project is phased or where mitigation measures are to be monitored beyond an initial building, grading, or construction period, or where mitigation measures are required beyond this initial period, as described within the development permit, the permittee shall post a bond or equal security with the Responsible Department prior to commencing any grading or construction activities. The amount of the bond or security is to be based upon the cost of performing the required mitigation measures, the related monitoring and report activities, and the County’s administrative and processing costs.
Following a written notice to the permittee of a failure to complete or fully implement mitigation or monitoring measures within the time period specified within the permit conditions, the bond or other security may be forfeited and applied to the incomplete mitigation or monitoring measures at the discretion of the Responsible Department.
61.1.16 Waiver of Procedures for Emergencies. The provisions of Section 312-15, Subsections 1-5, of the County Zoning regulations shall be followed in cases of emergencies. Following the issuance of an emergency development permit or variance, application shall be made and processed for the required development permit or variance in accordance with the applicable provisions of the County Code.
61.1.17 Biological Report. Where a Biological Report is required by these regulations, the report shall be prepared by a qualified professional educated, trained, and experienced in the subject matter, and the report shall contain the following:
Section I Summary of Findings and Conclusions Section II Introduction, Background, and Project Understanding Section III Methods
A. Field Observation and Studies
- B. Trustee and Other Agency Consultation
C. Document and Report Review D. Cumulative Biological and Watershed Effects Section IV Results and Discussion A. Existing Site Conditions 1. Terrestrial 2. Hydrologic and Aquatic 3. Sensitive Species or Habitats B. Offsite Conditions 1. Terrestrial 2. Hydrologic and Aquatic 3. Sensitive Species or Habitats C. Development Effects 1. Direct 2. Indirect 3. Cumulative D. Recommended Mitigation and Monitoring Measures Section V References A. Plant Species Observed B. Other Species Observed directly or indirectly (e.g., nests, scats, tracks, etc.) C. Sensitive Species or Habitats in the Project Vicinity (listing)
61.1.18 Mitigation and Monitoring Plan.
61.1.18.1When a mitigation or monitoring plan is required, information sufficient to answer all of the following is required:
61.1.18.1.1Statement of project/mitigation goals – what do you want to create?
61.1.18.1.1.1Map and/or description of existing site conditions.
61.1.18.1.2Schedule for implementation, inspection, and maintenance.
61.1.18.1.3Description of site preparation; i.e., excavation, grading, stockpile of topsoil, etc.
61.1.18.1.4Identify the planting material; i.e., cuttings, seedlings, seed, plugs, container size (source if not obtained from commercial nursery).
61.1.18.1.4.1Use of mulch and/or fertilizers.
61.1.18.1.4.2Description of plant preparation, if necessary; i.e., how cuttings were obtained, size, treatment with rooting hormone.
61.1.18.1.4.3Necessity for irrigation and/or fencing.
61.1.18.1.5Performance Standards – how to measure success through defined criteria; i.e., number of viable species, cover values, height, growth, etc. For example:
61.1.18.1.5.1Year one – 80% tree species viable and achieving at least 4 inches of growth from initiation of planting.
61.1.18.1.5.2Year three – plugs of silverweed shall cover at least 30% of project site.
61.1.18.1.6Monitoring Requirements – (standard is five years of monitoring).
61.1.18.1.6.1Conduct during June each year; however, may be modified if specific species are involved (i.e., annual that blooms in April).
61.1.18.1.6.2Photos.
61.1.18.1.7Reporting – listing of appropriate agencies to receive copies of monitoring report.
61.1.18.1.8Remedial Measures – plan shall include measures for mitigation not achieving specified performance criteria; i.e., replanting, irrigation, fencing, etc.
61-2 SUPPORTIVE HOUSING ¶
61.2.1 Purpose. The purpose of these regulations is to facilitate development of supportive housing as defined in California Government Code. California Government Code Section 65582 defines supportive housing as housing with no limit on the length of stay that is occupied by the target population, and that is linked to an on-site or off-site service that helps residents retain the housing, improve his or her health status, and maximize their ability to live and, when possible, work in the community. Supportive housing is a residential use subject to the same requirements and restrictions that apply to other residential uses of the same type in the same zone.
61.2.2 Applicability. ¶
61.2.2.1 Single-Unit Supportive Housing. Supportive housing that consists of single residential units is principally permitted in all zones where single-family residential development is principally permitted, and is subject only to the development standards applicable to residential uses of the same type in the same zone.
61.2.2.2 Multifamily Supportive Housing. Multifamily supportive housing developed under California Government Code 65650 et seq., consisting of fifty (50) units or less that meets all of the following requirements is principally permitted in the R-3, R-4, C-1, C-2, C-3, CH, MB, MU1 and MU2 zoning districts, provided:
61.2.2.2.1Units within the development are subject to a recorded affordability restriction for fifty-five (55) years.
61.2.2.2.2 Affordability. One hundred percent (100%) of the units within the development, excluding managers’ units, must be restricted to lower income households, and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Lower income households has the same meaning as defined in California Health and Safety Code Section 50079.5.
61.2.2.2.3 Supportive Housing Units. At least twenty-five percent (25%) of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. In developments with fewer than twelve (12) units, one hundred percent (100%) of those units must be restricted to residents in supportive housing.
61.2.2.2.4 Services Plan. The applicant must submit a plan for providing supportive services, with documentation demonstrating that supportive services will be provided on site to residents in the project as required by California Government Code Section 65651, and describing those services, which must include all of the following:
61.2.2.2.4.1The name of the proposed entity or entities that will provide supportive services.
61.2.2.2.4.2The proposed funding source or sources for the provided on-site supportive services.
61.2.2.2.4.3Proposed staffing levels.
61.2.2.2.5 Replacement Dwelling Units. The supportive housing development must replace rental dwelling units in the manner provided in California Government Code Section 65915.
61.2.2.2.6 Facilities. Units within the development, excluding managers’ units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
61.2.2.2.7 Supportive Services Floor Area. For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for on-site supportive services. For a development with more than twenty-one (21) units, at least three percent (3%) of the total nonresidential floor area must be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
61.2.2.2.8Any other requirements of California Government Code Section 65650 et seq. regarding supportive housing, as that section may be amended.
61.2.2.3Multifamily supportive housing is subject only to the development standards applicable to residential uses of the same type in the same zone.
61.2.3 Supportive Housing in Commercial Zones and Business Parks. Supportive housing located in C-1, C-2, C-3 or MB zoning districts is permitted above the ground floor as the primary use. Supportive housing units may be located on the ground floor in C-1, C- 2, C-3, or MB zoning districts with a special permit.
61.2.4 Parking. Supportive housing located within one-half (1/2) mile walking distance of a public transit stop is not subject to minimum parking requirements. (Ord. 2275, § D, 5/28/2002; Ord. 2629, § 9, 6/11/2019; Ord. 2693, § 2, 6/7/2022; Ord. 2721, § 2, 7/11/2023; Ord. 2729, § 2, 1/9/2024) Your Selections
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61.05 SAFE PARKING AND SAFE SHELTER PILOT PROGRAM ¶
61.05.1 Purpose and Duration. The purpose of these regulations is to facilitate development of a pilot program to provide safe, temporary shelter sites that accommodate vehicles, tents, or other approved structures for people who are experiencing homelessness while they seek permanent housing. Participation in the program is not conditioned on accepting the services offered. This section and all zoning clearance certificates issued pursuant to this section shall expire and be automatically repealed forty-two (42) months from the effective date unless the term of this section and specified zoning clearance certificates are extended by the Board of Supervisors.
This section places a limit on the number of safe parking and safe shelter sites at ten (10) sites.
61.05.2 Applicability. The safe parking and safe shelter programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. Safe parking and safe shelter programs that meet all of the following requirements are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts with a zoning clearance certificate. Safe parking and safe shelter programs on the site of a church in other zones may be permitted with a use permit, except that church sites on TPZ or prime agricultural land are not eligible. Safe parking and safe shelter may be located on AG parcels located within one (1) mile of services needed for sustainable living.
61.05.3 Site Requirements. Safe parking and safe shelter sites: ¶
61.05.3.1May accommodate up to twenty (20) vehicles, tents, sleeping cabins, or other units that meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards. Exception: A site operated under the village - model management plan (defined in Section 314 61.05.6.3) is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet the standards above.
61.05.3.2Must be located on a road or have a driveway that is accessible for emergency vehicles, trash pickup, and portable restroom service.
61.05.3.3Must have drainage so there is no standing water in the areas used for sleeping.
61.05.3.4Must be located at least three hundred (300) feet from another safe parking or safe shelter site.
61.05.3.5If the site is an existing parking lot, no more than one-half (1/2) of the parking spaces may be occupied by vehicles, tents, or shelter units.
61.05.3.6At the time of issuance of a zoning clearance certificate, the proposed site may not be occupied by unauthorized homeless individuals, vehicles or shelters, and properties in the abatement process are not eligible.
61.05.3.7All safe parking/safe shelter zoning clearance certificates or special permits on the anniversary date of such issuance will be subject to an annual inspection by the County to verify compliance with this section and all terms of the approved management plan.
Exceptions to Sections 314-61.05.3.1 through 314-61.05.3.5 may be allowed subject to a special permit in accordance with Section 3125 et seq. with a finding that the exception poses no additional risk to the health and safety of the occupants.
61.05.4 Vehicle and Shelter Types. ¶
61.05.4.1 Safe Parking Sites. ¶
61.05.4.1.1The type of vehicle and number of each vehicle type, if applicable, must be specified in the management plan and may include cars, vans, recreational vehicles (“RVs”) or a combination of these.
61.05.4.1.2All vehicles parked overnight must be operable so they can be moved off the site under their own power.
61.05.4.1.3A minimum of six (6) feet clearance must be maintained between vehicles.
61.05.4.2 Safe Shelter Sites. ¶
61.05.4.2.1Tents, sleeping cabins, or other shelters are allowed as individual units if they meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards.
61.05.4.2.2A minimum of six (6) feet clearance must be maintained between tents or units.
61.05.4.2.3Each tent or unit must have an exit that leads directly to the outdoors/evacuation route.
61.05.4.2.4Sleeping cabins must have light and ventilation.
61.05.5 Operating Standards.
61.05.5.1Vehicles, tents or shelter units must be at least five (5) feet from any property line.
61.05.5.2Outdoor lighting must be shielded and focused away from adjoining properties.
61.05.5.3Prior to occupancy of the site, the provider must submit, along with its management plan, a department approval letter from the Division of Environmental Health verifying that the site is served by an acceptable means of sewage disposal able to accommodate the anticipated wastewater demand.
61.05.5.4If the site allows recreational vehicles, no disposal of sewage from recreational vehicles is permitted at the site, unless the provider documents that the North Coast Regional Water Quality Control Board has approved the sewage disposal system for that use and details of the sewage disposal system are included in its management plan.
61.05.5.5If the site allows recreational vehicles, no disposal of graywater or blackwater from recreational vehicles is permitted at the site, unless the provider shows documentation for legal disposal in its management plan.
61.05.5.6Hours of operation are limited to overnight hours as specified in the provider’s management plan, except as follows:
61.05.5.6.1 Exception. A program that qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify twenty-four (24) hour operation in the provider’s management plan if it provides appropriate staffing. Low barrier navigation center programs include all the following components:
61.05.5.6.1.1The program offers services to connect people to permanent housing through a services plan that identifies services staffing.
61.05.5.6.1.2The program is linked to a coordinated entry system, so that staff may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system designed to coordinate program participant intake, assessment, and referrals as described in Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements.
61.05.5.6.1.3The program complies with Housing First as set forth in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
61.05.5.6.1.4The program has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System (HMIS) as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
61.05.5.6.1.5A site that operates as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify a length of stay longer than six (6) months, as set forth in the provider’s management plan, defined in Section 314-61.05.6.3.
61.05.5.6.2 Exception. A program operated under the village model management plan described below may choose to provide twentyfour/seven (24/7) service if it is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet California emergency housing standards, and at least two (2) employees or volunteer staff remain on site at all times, as set forth in the provider’s management plan.
61.05.5.7The operator must provide monthly reports to the Planning and Building Department and Department of Health and Human Services identifying the number of people present each night during the month, the use and maintenance of temporary restroom facilities, and any operational concerns. Pictures of the site must be included with the monthly report showing the condition of the site.
61.05.5.8Within thirty (30) days of the end of the use, all elements associated with the temporary use must be removed.
61.05.6 Safe Parking/Safe Shelter Provider.
61.05.6.1A safe parking or safe shelter program must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization, or a party contracted by the above (“provider”). A provider monitors compliance with its written management plan and notifies emergency services in the event of an emergency.
61.05.6.2The provider must provide for, or provide access to, all of the following:
61.05.6.2.1Sanitary facilities, including toilet and handwashing;
61.05.6.2.2Shower facilities or access to showers;
61.05.6.2.3Facilities accessible to persons with disabilities (twenty percent (20%) of spaces or units, including sanitary facilities);
61.05.6.2.4Garbage containers and trash disposal services; and
61.05.6.2.5Secure storage facilities for personal items, but storage of such items must not create a fire-life-safety hazard.
61.05.6.3The provider must have an approved management plan prior to opening its facility for use. The provider may use one of three (3) preapproved model safe parking/safe shelter plans, available on file with the Planning and Building Department: (1) a minimal
requirements model designed for overnight programs, (2) a village model with fewer spaces, participants as staff, and capability for twenty-four (24) hour operation, or (3) a service-intensive low barrier model. The plans describe the services provided including all of the following:
61.05.6.3.1Hours of operation;
61.05.6.3.2Number of parking spaces or tent/shelter units;
61.05.6.3.3The services and amenities to be provided;
61.05.6.3.4Staffing levels;
61.05.6.3.5Neighborhood outreach program;
61.05.6.3.6Rules governing participant intake and selection, a written participant agreement, and procedures for periodic reviews, extensions, and removals;
61.05.6.3.7A security plan ensuring adequate health and safety of management and visitors on site, and a process to avoid potential nuisances near the site. The provider must demonstrate that local emergency services, including the Sheriff's Office, the local Fire Department and the appropriate ambulance operators have been notified of the shelter’s operation.
Programs that accommodate tents, cabins, or other non-vehicle shelter types must submit Appendix A, detailing plans to comply with the emergency housing building code.
61.05.6.4A provider may amend voluntary provisions of its management plan by filing an update with the Planning Department, posting the changes as provided in the plan, and notifying neighbors as part of its neighborhood outreach plan.
61.05.6.5Providers operating safe parking/safe shelter facilities must annually track and report to the County by September 30th of each year the following details of the use of their facility:
61.05.6.5.1Number of persons served by month;
61.05.6.5.2Number of persons served whose residence was or is a vehicle;
61.05.6.5.3Number of persons served who are no longer in need of a homeless shelter;
61.05.6.5.4Number of persons who have moved into permanent supportive housing;
61.05.6.5.5Average percent occupancy of safe parking and safe shelter sites.
61.05.7 Zoning Clearance Certificate Revocation.
61.05.7.1 Grounds for Revocation. The Director may initiate proceedings to revoke the zoning clearance certificate for a safe parking/safe shelter site granted under this section if the Director has substantial evidence that:
61.05.7.1.1The facility may not be in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s);
61.05.7.1.2The facility failed to comply with objective standards in this section;
61.05.7.1.3The facility failed to comply with its management plan in a way that poses harm to the health and safety of its participants or the community; or
61.05.7.1.4Activities at the facility constitute a nuisance as defined in Section 351-3.
61.05.7.2 Notice. Before the Director may initiate a public hearing to revoke any zoning clearance certificate for a safe parking/safe shelter site, the Director must issue a written notice to the provider that specifies (A) the facility; (B) the violation(s) to be corrected; (C) the time frame in which the provider must correct such violation(s); and (D) that, in addition to all other rights and remedies the County may pursue, the County may initiate revocation proceedings for failure to correct such violation(s) in the specified time frame.
61.05.7.3 Hearing. A zoning clearance certificate granted under this section may be revoked pursuant to Section 314-61.05.7.1 only by the Board of Supervisors after a duly noticed public hearing.
61.05.7.4 No Appeals. Any decision by the Board of Supervisors to revoke or not revoke a zoning clearance certificate is final and not subject to further appeals. Within five (5) business days after the Board of Supervisors adopts a resolution to revoke the zoning clearance certificate, the Director will provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.
61.1 STREAMSIDE MANAGEMENT AREAS AND WETLANDS ORDINANCE
61.1.1 Short Title. This section shall be known and cited as the “Streamside Management Areas and Wetlands Ordinance of the County of Humboldt” (SMAWO). In any administrative action taken by any public official under the authority of this code, the use of the term “Streamside Management Areas and Wetlands Ordinance” or “SMAWO,” unless further modified, shall also refer to and mean this section.
61.1.2 Purpose. The purpose of this section is to provide minimum standards pertaining to the use and development of land located within Streamside Management Areas (SMAs), wetlands and other wet areas such as: natural ponds, springs, vernal pools, marshes, and wet meadows.
The purpose of establishing the standards is to:
•Create a Streamside Management Areas and Wetlands ordinance within the zoning regulations of the County of Humboldt pursuant to the mandates of state law.
•Implement portions of the County’s General Plan policies and standards pertaining to open space, conservation, housing, water resources, biological resources, and public facilities.
61.1.3 Relationship to Other Regulations. These regulations shall be in addition to regulations imposed by the principal zone, combining zone, development regulations, and other open space or resource protection regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most protective of natural resources shall apply.
61.1.4 Scope of Application. This section shall be applicable to all development within or affecting SMAs, wetlands or other wet areas within the unincorporated areas of the County and outside the Coastal Zone.
The provisions of this section shall be applicable to all development permits issued by the County pursuant to:
(1) Division 1, Planning, of Title III, Land Use and Development.
(2) Division 2, Subdivision Regulations, of Title III, Land Use and Development.
(3) Division 3, Building Regulations, Title III, Land Use and Development.
(4) Division 4, Protection and Control of County Roads and Permits, Title IV, Streets and Highways.
These regulations shall not apply to:
61.1.4.1Routine maintenance activities associated with existing public or private facilities, defined as “activities to support, keep and continue in an existing state or condition without decline.” Routine activities include the replacement of culverts and related structures when conducted pursuant to a Department of Fish and Wildlife Lake or Streambed Alteration Agreement (LSAA).
For the purpose of these regulations, routine maintenance activities do not include:
•Removal of trees with a diameter of twelve (12) inches or greater (thirty-eight (38) inch circumference), or
•Removal of trees from within a contiguous or noncontiguous area of more than six thousand (6,000) square feet as measured under the tree canopy, or
•Activities that could result in significant environmental impacts where the removal will:
–Be located within a streamside management area, wetland or other wet area as defined in County regulations, or
–Occur on slopes greater than fifteen percent (15%), or
–Will expose more than two thousand (2,000) square feet of soil to erosion.
A site evaluation shall be made where necessary to determine if a project meets the exemption standards of these regulations or if the proposed development requires a special permit.
61.1.4.2Grading and construction activities associated with on-site wells and sewage disposal systems for single-family dwellings which have received all required County and State permits; or
61.1.4.3Any project where a complete application for grading or construction was accepted by the Planning and Building Department prior to April 25, 1995; or
61.1.4.4To any construction or grading on property which was subdivided and subject to discretionary and environmental review by the County after the effective date of the 1984 General Plan, January 2, 1985, and any subsequent and applicable Community Plans, if the responsible department has determined that all conditions of approval and specific mitigation requirements have been fully met; or
61.1.4.5Development activities proposed and carried out under the provisions of the Division 9, Mining Operations, of Title III, Land Use and Development.
61.1.4.6Timber harvest and management activities when approved and carried out consistent with the California Forest Practices Act. Activities which are not exempt from the local regulation pursuant to Public Resources Code Section 4516.5(f) are subject to these regulations. Permits are required for private roads within timber harvest areas where the proposed improvements are in excess of the minimum road standards required by the California Department of Forestry for timber harvesting activities.
The exemptions contained in Section 331-14(d)(2), Grading, Excavation, Erosion and Sedimentation Control, do not apply in SMAs, wetlands or other wet areas.
61.1.5 Permit Required and Processing. All development as defined in the General Plan within or affecting SMAs, wetlands or other wet areas not exempted under Section 314-61.1.4 shall require a permit pursuant to an application for development within SMAs, wetlands or other wet areas and processed as a special permit pursuant to the Humboldt County Zoning Regulations (Section 312-3.1.1 et seq.).
For those activities subject to these regulations and conducted by the County Department of Public Works, the Director of the Department (of Public Works) shall be responsible for the environmental review and public notice requirement, be empowered to approve and issue a special permit following the making of findings, be empowered to meet with and work out solutions with impacted parties, and be required to provide notice and staff support to the Planning Commission when a hearing is requested. The impacted parties shall have a mandatory meeting with the Department of Public Works in an attempt to work out any issues before a hearing is requested or an appeal to the Planning Commission is filed.
61.1.6 Findings of Exception – Written Report. Where there is disputed evidence, or controversy, regarding a finding of exception, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which a finding of exemption is made. Copies of the report shall be sent to CDFW or any person or group requesting such report in writing. Any person dissatisfied with the finding of exemption may request a formal review pursuant to Section 314-61.1.8.
61.1.7 Definitions. Whenever the words listed below are used in the Zoning Regulations or other regulations related to the Streamside Management Areas and Wetlands Ordinance, they shall have the following meaning:
61.1.7.1“Grading” means all grading, filling, land contouring, clearing and grubbing, drainage activities, site preparation, and road building.
61.1.7.2“CDFW” means the California Department of Fish and Wildlife.
61.1.7.3“Construction” means the erection or construction of, or addition to, any building or structure but shall not include the structural alteration, repair, remodeling, or demolition and reconstruction of and additions to any building or structure where the work would not increase the “footprint” of the building or structure. “Construction” does not include “minor additions” as defined in this section.
61.1.7.4“Minor additions” means an exception to these standards for additions to buildings or structures existing on April 25, 1995, of up to five hundred (500) square feet of floor area. From this date forward, any number of individual additions to an existing building or structure may be permitted provided the aggregated total increase in square footage for all changes does not exceed five hundred (500) square feet of floor area. A “minor addition” is not “construction” as defined in these standards. Note: Physical additions to a building or structure where a condition or a prior discretionary permit or subdivision approval indicated that any future additions would be prohibited are not minor additions as defined in these Implementation Standards.
61.1.7.5“Project” means any “grading” or “construction” activities subject to the provisions of these standards.
61.1.7.6“Streamside management areas” (SMAs) [Policy BR-S5. Streamside management areas defined of the 2017 General Plan] shall be as defined in the Humboldt County General Plan Section 10.3, Biological Resources, of Chapter 10, Conservation and Open Space Elements of the Humboldt County General Plan and includes, a natural resource area along both sides of streams containing the channel and adjacent land. SMAs do not include watercourses consisting entirely of a manmade drainage ditch, or other manmade drainage device, construction, or system. Streamside management areas (SMA) are identified and modified as follows:
61.1.7.6.1Areas specifically mapped as SMA and Wetland (WR) Combining Zones, subject to verification and adjustment pursuant to site-specific biological reporting and review procedures.
61.1.7.6.2For areas along streams not specifically mapped as SMA and Wetland (WR) Combining Zones, the outer boundaries of the SMA shall be defined as:
61.1.7.6.2.1One hundred (100) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of perennial streams.
61.1.7.6.2.2Fifty (50) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of intermittent streams.
Where necessary, as determined by the responsible department, the width of SMAs shall be expanded to include significant areas of riparian vegetation adjacent to the buffer area, slides and areas with visible evidence of slope instability, not to exceed two hundred
(200) feet measured as a horizontal distance from the top of bank as necessary to include slides, or areas with visible evidence of slope instability.
61.1.7.6.3The streamside management area may be reduced or eliminated where the County determines, based on specific factual findings, that:
61.1.7.6.3.1The mapping of the SMA is not accurate, there are no in-channel wetland characteristics or off-channel riparian vegetation, or the reduction will not significantly affect the biological resources of the SMA on the property.
61.1.7.6.3.2For projects subject to ministerial review, reductions may be allowed without a special permit in consultation with California Department of Fish and Wildlife.
When the prescribed buffer would prohibit development of the site for the principal use for which it is designated, measures shall be applied that result in the least environmentally damaging feasible project.
Such determinations require a special permit pursuant to Section 312-3.1.1 et seq.
61.1.7.6.4“Other wet areas,” i.e., natural ponds, springs, vernal pools, marshes and wet meadows. The existence of possible other wet areas shall be identified by the responsible department using normal soils investigation criteria. These criteria indicate the presence of any of the following: standing water, evidencing a natural pond or poor drainage conditions, wetland soils, or hydrophytic vegetation (e.g., swamp grass).
i.e., natural ponds, springs, vernal pools, marshes and wet meadows. The existence of possible other wet areas shall be identified by the responsible department using normal soils investigation criteria. These criteria indicate the presence of any of the following: standing water, evidencing a natural pond or poor drainage conditions, wetland soils, or hydrophytic vegetation (e.g., swamp grass).
61.1.7.6.5“Wetlands” – as defined in the U.S. Army Corps of Engineers Wetland Delineation Manual in the identification and classification of wetlands which considers wetlands as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
61.1.7.6.6Development standards for wetlands shall be consistent with the standards for streamside management areas, as applicable except that the widths of the SMA for wetlands are as follows:
•Seasonal wetlands = fifty (50) feet;
•Perennial wetlands = one hundred fifty (150) feet;
and the setback begins at the edge of the delineated wetland. Buffers may be reduced based on site-specific information and consultation with the California Department of Fish and Wildlife. No buffer shall be required for manmade wetlands except wetlands created for mitigation purposes.
61.1.8 Administration and Enforcement. The regulations of this section are to be administered and enforced by the respective administrative or enforcement official designated by the code for each section cited in Section 314-61.1.4 and hereinafter referred to as “responsible department.” In case of disagreement in the application of the regulations, the Director of the Planning and Building Department shall decide, subject to appeal to the Board of Supervisors pursuant to Section 312-13.
61.1.9 Development Allowed.
61.1.9.1Development within stream channels is limited to the following projects:
61.1.9.1.1Fishery, wildlife, and aquaculture enhancement and restoration projects.
61.1.9.1.2Road crossings consistent with subsection 61.1.10 of this section.
61.1.9.1.3Flood control and drainage channels, levees, dikes and floodgates.
- 61.1.9.1.4Mineral extraction consistent with other County regulations.
61.1.9.1.5Small-scale hydroelectric power plants in compliance with applicable County regulations and those of other agencies.
61.1.9.1.6Wells and spring boxes, and agricultural diversions.
61.1.9.1.7New fencing, so long as it would not impede the natural drainage or wildlife movement and would not adversely affect the stream environment or wildlife.
61.1.9.1.8Bank protection, provided it is the least environmentally damaging alternative.
61.1.9.1.9Other essential public projects, including municipal groundwater pumping stations, provided they are the least environmentally damaging alternative, or necessary for the protection of the public’s health and safety.
61.1.9.1.10Improvements to nonconforming uses and structures when consistent with Sections 314-131 through 314-132 and these regulations.
61.1.9.2Development within streamside management areas shall be limited to the following:
61.1.9.2.1Development permitted within stream channels.
61.1.9.2.2Timber management and harvests activities under a timber harvesting plan or nonindustrial timber management plan, or activities exempt from local regulation as per California Public Resources Code Section 4516.5(d) as well as noncommercial cutting of firewood and clearing for pasturage, provided:
61.1.9.2.2.1Cottonwoods are retained.
61.1.9.2.2.2Remaining willows and alders, as well as other unmerchantable hardwoods or shrubs, are to be protected from unreasonable damage.
61.1.9.2.3Road and bridge replacement or construction, where the length of the road within the SMA shall be minimized, and when it can be demonstrated that it would not degrade fish and wildlife resources or water quality, and that vegetative clearing is kept to a minimum.
61.1.9.2.4Removal of vegetation for disease control or public safety purposes.
61.1.9.2.5Normal and usual agricultural and surface mining practices and uses which are principally permitted within the SMA shall not be considered development for the purposes of this standard.
61.1.9.3 Bank Protection.
61.1.9.3.1Protection measures for County river and stream banks may be permitted for the following purposes:
61.1.9.3.1.1Maintenance, replacement, or construction of necessary public or private roads;
61.1.9.3.1.2Maintenance, replacement, or construction of levees and dikes;
61.1.9.3.1.3Protection of principal structures in danger due to erosion;
61.1.9.3.1.4Protection of lands zoned AE, Agricultural Exclusive, from erosion.
61.1.9.3.2The bank protection measures which may be permitted are listed below in order of preference. The measures chosen for any bank protection project shall employ the highest ranking protection measure wherever feasible. The preference ranking for permitted protection measures shall be as follows:
(1)Piling fence;
(2)Rock hard points;
(3)Continuous revetment.
61.1.10 Mitigation Measures. ¶
61.1.10.1Mitigation measures for development within streamside management areas shall, at a minimum, include:
61.1.10.1.1Retaining snags unless felling is required by CAL-OSHA, or by California Department of Forestry forest and fire protection regulations, or for public health and safety reasons, approved by the Planning and Building Director. Felled snags shall be left on the ground if consistent with fire protection regulations and the required treatment of slash or fuels.
61.1.10.1.2Retain live trees with visible evidence of current or historical use as nesting sites by hawks, owls, eagles, osprey, herons, kites or egrets.
61.1.10.1.3Replanting of disturbed areas with riparian vegetation (including such species as alders, cottonwoods, willows, sitka spruce, etc.) shall be required unless natural regeneration does not occur within two (2) years of the completion of the development project. The mitigation and monitoring report adopted as a part of project approval shall include an alternative regeneration plan in case natural regeneration is not successful.
61.1.10.1.4Revegetation along channelized streams and other wet areas shall be required where the habitat has been converted to other uses. For development allowed within streamside management or other wet areas where the riparian habitat has been converted to other uses, the project shall be conditioned to require the development of new riparian or wetland habitat of an area equal to the area in which the development is to occur, or the area of an existing or proposed easement or right-of-way, whichever is larger.
61.1.10.1.5 Erosion Control Measures. As found within the Building Regulations, Section 331-14, Grading, Excavating, Erosion, and Sedimentation Control, and the following:
61.1.10.1.5.1During construction, land clearing and vegetation removal will be minimized, following the provisions of the Water Resources Element and the standards listed here;
61.1.10.1.5.2Construction sites with at least one hundred (100) square feet of exposed soil will be planted or seeded as appropriate per mitigations as recommended in writing by the lead agency with native or noninvasive vegetation and mulched with natural or chemical
stabilizers to aid in erosion control and ensure revegetation;
61.1.10.1.5.3Long slopes will be minimized to increase infiltration and reduce water velocities down cut slopes by such techniques as soil roughing, serrated cuts, selective grading, shaping, benching, and berm construction.
61.1.10.1.6Concentrated runoff will be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains, or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge, where discharge is to natural ground or channels.
ted runoff will be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains, or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge, where discharge is to natural ground or channels.
61.1.10.1.7Runoff shall be controlled to prevent erosion by on-site or off-site methods. On-site methods include, but are not limited to, the use of infiltration basins, percolation pits, or trenches. On-site methods are not suitable where high groundwater or slope stability problems would inhibit or be aggravated by on-site retention or where retention will provide no benefits for groundwater recharge or erosion control. Off-site methods include detention or dispersal of runoff over nonerodible vegetated surfaces where it would not contribute to downstream erosion or flooding.
61.1.10.1.8Disposal of silt, organic, and earthen material from sediment basins and excess material from construction will be disposed of out of the streamside management area to comply with California Department of Fish and Wildlife and the North Coast Regional Water Quality Control Board requirements.
61.1.10.1.9Winter operations (generally October 15th through April 15th) shall employ the following special considerations:
(1)Slopes will be temporarily stabilized by stage seeding and/or planting of fast germinating seeds, such as barley or rye grass, and mulched with protective coverings such as natural or chemical stabilizations; and
(2)Runoff from the site will be temporarily detained or filtered by berms, vegetated filter strips, and/or catch basins to prevent the escape of sediment from the site. Drainage controls are to be maintained as long as necessary to prevent erosion throughout construction.
61.1.11 Prohibited Activities. ¶
61.1.11.1The following prohibitions pertain to all development and related activities within streamside management areas, wetlands and or other wet areas within the County:
61.1.11.1.1The discharge of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, into any streamside management or other wet area in quantities deleterious to fish, wildlife, or other beneficial uses is prohibited.
61.1.11.1.2The placement of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, where such material could pass into any streamside management or other wet area in quantities which could be deleterious to fish, wildlife, or other beneficial uses.
61.1.12 Confirmation of Development within SMAs and Wetlands. As a part of a development application review, the responsible department shall check USGS maps, or other information available to the department, to determine if grading, construction, or other activity is proposed to be located within a SMA or other wet area.
A preliminary on-site inspection shall be performed prior to any grading, construction, or other development permit issuance to determine if the project area contains SMAs or other wet areas.
Where there is disputed evidence or controversy regarding the confirmation of development within SMAs or other wet areas, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which the confirmation is made.
Copies of the report shall be sent to CDFW and to any person or group requesting such report in writing.
61.1.13 Biological Report Required. An application proposing development activities within a SMA or Other Wet Area shall include a site-specific biological report prepared consistent with these regulations.
The written report prepared by a qualified biologist shall be referred to CDFG for review and comment. If no reply is received from CDFG within ten (10) working days of the date of the referral, it shall be assumed that the report satisfies CDFG requirements.
61.1.14 Incorporation of Recommendations as Conditions. The recommendations contained within the written report shall be incorporated into any development permit as conditions of approval by the Responsible Department.
61.1.15 Project Monitoring, Security, and Certificate of Completion. The monitoring of mitigation measures and reporting of monitoring activities made as conditions to any permit issued pursuant to this section shall be performed as specified in the project’s adopted mitigation and monitoring plan.
No development permit final acceptance, certificate of compliance or certificate of occupancy, nor any further development permits shall be issued unless and until all initial mitigation measures are completed and accepted by the County.
Where a project is phased or where mitigation measures are to be monitored beyond an initial building, grading, or construction period, or where mitigation measures are required beyond this initial period, as described within the development permit, the permittee shall post a bond or equal security with the Responsible Department prior to commencing any grading or construction activities. The amount of the bond or security is to be based upon the cost of performing the required mitigation measures, the related monitoring and report activities, and the County’s administrative and processing costs.
Following a written notice to the permittee of a failure to complete or fully implement mitigation or monitoring measures within the time period specified within the permit conditions, the bond or other security may be forfeited and applied to the incomplete mitigation or monitoring measures at the discretion of the Responsible Department.
61.1.16 Waiver of Procedures for Emergencies. The provisions of Section 312-15, Subsections 1-5, of the County Zoning regulations shall be followed in cases of emergencies. Following the issuance of an emergency development permit or variance, application shall be made and processed for the required development permit or variance in accordance with the applicable provisions of the County Code.
61.1.17 Biological Report. Where a Biological Report is required by these regulations, the report shall be prepared by a qualified professional educated, trained, and experienced in the subject matter, and the report shall contain the following:
Section I Summary of Findings and Conclusions Section II Introduction, Background, and Project Understanding Section III Methods
A. Field Observation and Studies
- B. Trustee and Other Agency Consultation
C. Document and Report Review D. Cumulative Biological and Watershed Effects Section IV Results and Discussion A. Existing Site Conditions 1. Terrestrial 2. Hydrologic and Aquatic 3. Sensitive Species or Habitats B. Offsite Conditions 1. Terrestrial 2. Hydrologic and Aquatic 3. Sensitive Species or Habitats C. Development Effects 1. Direct 2. Indirect 3. Cumulative D. Recommended Mitigation and Monitoring Measures Section V References A. Plant Species Observed B. Other Species Observed directly or indirectly (e.g., nests, scats, tracks, etc.) C. Sensitive Species or Habitats in the Project Vicinity (listing)
61.1.18 Mitigation and Monitoring Plan.
61.1.18.1When a mitigation or monitoring plan is required, information sufficient to answer all of the following is required:
61.1.18.1.1Statement of project/mitigation goals – what do you want to create?
61.1.18.1.1.1Map and/or description of existing site conditions.
61.1.18.1.2Schedule for implementation, inspection, and maintenance.
61.1.18.1.3Description of site preparation; i.e., excavation, grading, stockpile of topsoil, etc.
61.1.18.1.4Identify the planting material; i.e., cuttings, seedlings, seed, plugs, container size (source if not obtained from commercial nursery).
61.1.18.1.4.1Use of mulch and/or fertilizers.
61.1.18.1.4.2Description of plant preparation, if necessary; i.e., how cuttings were obtained, size, treatment with rooting hormone.
61.1.18.1.4.3Necessity for irrigation and/or fencing.
61.1.18.1.5Performance Standards – how to measure success through defined criteria; i.e., number of viable species, cover values, height, growth, etc. For example:
61.1.18.1.5.1Year one – 80% tree species viable and achieving at least 4 inches of growth from initiation of planting.
61.1.18.1.5.2Year three – plugs of silverweed shall cover at least 30% of project site.
61.1.18.1.6Monitoring Requirements – (standard is five years of monitoring).
61.1.18.1.6.1Conduct during June each year; however, may be modified if specific species are involved (i.e., annual that blooms in April).
61.1.18.1.6.2Photos.
61.1.18.1.7Reporting – listing of appropriate agencies to receive copies of monitoring report.
61.1.18.1.8Remedial Measures – plan shall include measures for mitigation not achieving specified performance criteria; i.e., replanting, irrigation, fencing, etc.
61-2 SUPPORTIVE HOUSING ¶
61.2.1 Purpose. The purpose of these regulations is to facilitate development of supportive housing as defined in California Government Code. California Government Code Section 65582 defines supportive housing as housing with no limit on the length of stay that is occupied by the target population, and that is linked to an on-site or off-site service that helps residents retain the housing, improve his or her health status, and maximize their ability to live and, when possible, work in the community. Supportive housing is a residential use subject to the same requirements and restrictions that apply to other residential uses of the same type in the same zone.
61.2.2 Applicability. ¶
61.2.2.1 Single-Unit Supportive Housing. Supportive housing that consists of single residential units is principally permitted in all zones where single-family residential development is principally permitted, and is subject only to the development standards applicable to residential uses of the same type in the same zone.
61.2.2.2 Multifamily Supportive Housing. Multifamily supportive housing developed under California Government Code 65650 et seq., consisting of fifty (50) units or less that meets all of the following requirements is principally permitted in the R-3, R-4, C-1, C-2, C-3, CH, MB, MU1 and MU2 zoning districts, provided:
61.2.2.2.1Units within the development are subject to a recorded affordability restriction for fifty-five (55) years.
61.2.2.2.2 Affordability. One hundred percent (100%) of the units within the development, excluding managers’ units, must be restricted to lower income households, and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Lower income households has the same meaning as defined in California Health and Safety Code Section 50079.5.
61.2.2.2.3 Supportive Housing Units. At least twenty-five percent (25%) of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. In developments with fewer than twelve (12) units, one hundred percent (100%) of those units must be restricted to residents in supportive housing.
61.2.2.2.4 Services Plan. The applicant must submit a plan for providing supportive services, with documentation demonstrating that supportive services will be provided on site to residents in the project as required by California Government Code Section 65651, and describing those services, which must include all of the following:
61.2.2.2.4.1The name of the proposed entity or entities that will provide supportive services.
61.2.2.2.4.2The proposed funding source or sources for the provided on-site supportive services.
61.2.2.2.4.3Proposed staffing levels.
61.2.2.2.5 Replacement Dwelling Units. The supportive housing development must replace rental dwelling units in the manner provided in California Government Code Section 65915.
61.2.2.2.6 Facilities. Units within the development, excluding managers’ units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
61.2.2.2.7 Supportive Services Floor Area. For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for on-site supportive services. For a development with more than twenty-one (21) units, at least three percent (3%) of the total nonresidential floor area must be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
61.2.2.2.8Any other requirements of California Government Code Section 65650 et seq. regarding supportive housing, as that section may be amended.
61.2.2.3Multifamily supportive housing is subject only to the development standards applicable to residential uses of the same type in the same zone.
61.2.3 Supportive Housing in Commercial Zones and Business Parks. Supportive housing located in C-1, C-2, C-3 or MB zoning districts is permitted above the ground floor as the primary use. Supportive housing units may be located on the ground floor in C-1, C- 2, C-3, or MB zoning districts with a special permit.
61.2.4 Parking. Supportive housing located within one-half (1/2) mile walking distance of a public transit stop is not subject to minimum parking requirements. (Ord. 2275, § D, 5/28/2002; Ord. 2629, § 9, 6/11/2019; Ord. 2693, § 2, 6/7/2022; Ord. 2721, § 2, 7/11/2023; Ord. 2729, § 2, 1/9/2024) Your Selections
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61.05 SAFE PARKING AND SAFE SHELTER PILOT PROGRAM ¶
61.05.1 Purpose and Duration. The purpose of these regulations is to facilitate development of a pilot program to provide safe, temporary shelter sites that accommodate vehicles, tents, or other approved structures for people who are experiencing homelessness while they seek permanent housing. Participation in the program is not conditioned on accepting the services offered. This section and all zoning clearance certificates issued pursuant to this section shall expire and be automatically repealed forty-two (42) months from the effective date unless the term of this section and specified zoning clearance certificates are extended by the Board of Supervisors.
This section places a limit on the number of safe parking and safe shelter sites at ten (10) sites.
61.05.2 Applicability. The safe parking and safe shelter programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. Safe parking and safe shelter programs that meet all of the following requirements are principally permitted in the C-1, C-2, C-3, ML, R-3, MU1 and MU2 zoning districts with a zoning clearance certificate. Safe parking and safe shelter programs on the site of a church in other zones may be permitted with a use permit, except that church sites on TPZ or prime agricultural land are not eligible. Safe parking and safe shelter may be located on AG parcels located within one (1) mile of services needed for sustainable living.
61.05.3 Site Requirements. Safe parking and safe shelter sites: ¶
61.05.3.1May accommodate up to twenty (20) vehicles, tents, sleeping cabins, or other units that meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards. Exception: A site operated under the village - model management plan (defined in Section 314 61.05.6.3) is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet the standards above.
61.05.3.2Must be located on a road or have a driveway that is accessible for emergency vehicles, trash pickup, and portable restroom service.
61.05.3.3Must have drainage so there is no standing water in the areas used for sleeping.
61.05.3.4Must be located at least three hundred (300) feet from another safe parking or safe shelter site.
61.05.3.5If the site is an existing parking lot, no more than one-half (1/2) of the parking spaces may be occupied by vehicles, tents, or shelter units.
61.05.3.6At the time of issuance of a zoning clearance certificate, the proposed site may not be occupied by unauthorized homeless individuals, vehicles or shelters, and properties in the abatement process are not eligible.
61.05.3.7All safe parking/safe shelter zoning clearance certificates or special permits on the anniversary date of such issuance will be subject to an annual inspection by the County to verify compliance with this section and all terms of the approved management plan.
Exceptions to Sections 314-61.05.3.1 through 314-61.05.3.5 may be allowed subject to a special permit in accordance with Section 3125 et seq. with a finding that the exception poses no additional risk to the health and safety of the occupants.
61.05.4 Vehicle and Shelter Types. ¶
61.05.4.1 Safe Parking Sites. ¶
61.05.4.1.1The type of vehicle and number of each vehicle type, if applicable, must be specified in the management plan and may include cars, vans, recreational vehicles (“RVs”) or a combination of these.
61.05.4.1.2All vehicles parked overnight must be operable so they can be moved off the site under their own power.
61.05.4.1.3A minimum of six (6) feet clearance must be maintained between vehicles.
61.05.4.2 Safe Shelter Sites. ¶
61.05.4.2.1Tents, sleeping cabins, or other shelters are allowed as individual units if they meet California Building Code Appendix X and California Residential Code Appendix O, Emergency Housing Standards.
61.05.4.2.2A minimum of six (6) feet clearance must be maintained between tents or units.
61.05.4.2.3Each tent or unit must have an exit that leads directly to the outdoors/evacuation route.
61.05.4.2.4Sleeping cabins must have light and ventilation.
61.05.5 Operating Standards.
61.05.5.1Vehicles, tents or shelter units must be at least five (5) feet from any property line.
61.05.5.2Outdoor lighting must be shielded and focused away from adjoining properties.
61.05.5.3Prior to occupancy of the site, the provider must submit, along with its management plan, a department approval letter from the Division of Environmental Health verifying that the site is served by an acceptable means of sewage disposal able to accommodate the anticipated wastewater demand.
61.05.5.4If the site allows recreational vehicles, no disposal of sewage from recreational vehicles is permitted at the site, unless the provider documents that the North Coast Regional Water Quality Control Board has approved the sewage disposal system for that use and details of the sewage disposal system are included in its management plan.
61.05.5.5If the site allows recreational vehicles, no disposal of graywater or blackwater from recreational vehicles is permitted at the site, unless the provider shows documentation for legal disposal in its management plan.
61.05.5.6Hours of operation are limited to overnight hours as specified in the provider’s management plan, except as follows:
61.05.5.6.1 Exception. A program that qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify twenty-four (24) hour operation in the provider’s management plan if it provides appropriate staffing. Low barrier navigation center programs include all the following components:
61.05.5.6.1.1The program offers services to connect people to permanent housing through a services plan that identifies services staffing.
61.05.5.6.1.2The program is linked to a coordinated entry system, so that staff may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system designed to coordinate program participant intake, assessment, and referrals as described in Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements.
61.05.5.6.1.3The program complies with Housing First as set forth in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
61.05.5.6.1.4The program has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System (HMIS) as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
61.05.5.6.1.5A site that operates as a low barrier navigation center under Government Code Sections 65660 and 65662 may specify a length of stay longer than six (6) months, as set forth in the provider’s management plan, defined in Section 314-61.05.6.3.
61.05.5.6.2 Exception. A program operated under the village model management plan described below may choose to provide twentyfour/seven (24/7) service if it is limited to fifteen (15) vehicles, tents, sleeping cabins, or other units that meet California emergency housing standards, and at least two (2) employees or volunteer staff remain on site at all times, as set forth in the provider’s management plan.
61.05.5.7The operator must provide monthly reports to the Planning and Building Department and Department of Health and Human Services identifying the number of people present each night during the month, the use and maintenance of temporary restroom facilities, and any operational concerns. Pictures of the site must be included with the monthly report showing the condition of the site.
61.05.5.8Within thirty (30) days of the end of the use, all elements associated with the temporary use must be removed.
61.05.6 Safe Parking/Safe Shelter Provider.
61.05.6.1A safe parking or safe shelter program must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization, or a party contracted by the above (“provider”). A provider monitors compliance with its written management plan and notifies emergency services in the event of an emergency.
61.05.6.2The provider must provide for, or provide access to, all of the following:
61.05.6.2.1Sanitary facilities, including toilet and handwashing;
61.05.6.2.2Shower facilities or access to showers;
61.05.6.2.3Facilities accessible to persons with disabilities (twenty percent (20%) of spaces or units, including sanitary facilities);
61.05.6.2.4Garbage containers and trash disposal services; and
61.05.6.2.5Secure storage facilities for personal items, but storage of such items must not create a fire-life-safety hazard.
61.05.6.3The provider must have an approved management plan prior to opening its facility for use. The provider may use one of three (3) preapproved model safe parking/safe shelter plans, available on file with the Planning and Building Department: (1) a minimal
requirements model designed for overnight programs, (2) a village model with fewer spaces, participants as staff, and capability for twenty-four (24) hour operation, or (3) a service-intensive low barrier model. The plans describe the services provided including all of the following:
61.05.6.3.1Hours of operation;
61.05.6.3.2Number of parking spaces or tent/shelter units;
61.05.6.3.3The services and amenities to be provided;
61.05.6.3.4Staffing levels;
61.05.6.3.5Neighborhood outreach program;
61.05.6.3.6Rules governing participant intake and selection, a written participant agreement, and procedures for periodic reviews, extensions, and removals;
61.05.6.3.7A security plan ensuring adequate health and safety of management and visitors on site, and a process to avoid potential nuisances near the site. The provider must demonstrate that local emergency services, including the Sheriff's Office, the local Fire Department and the appropriate ambulance operators have been notified of the shelter’s operation.
Programs that accommodate tents, cabins, or other non-vehicle shelter types must submit Appendix A, detailing plans to comply with the emergency housing building code.
61.05.6.4A provider may amend voluntary provisions of its management plan by filing an update with the Planning Department, posting the changes as provided in the plan, and notifying neighbors as part of its neighborhood outreach plan.
61.05.6.5Providers operating safe parking/safe shelter facilities must annually track and report to the County by September 30th of each year the following details of the use of their facility:
61.05.6.5.1Number of persons served by month;
61.05.6.5.2Number of persons served whose residence was or is a vehicle;
61.05.6.5.3Number of persons served who are no longer in need of a homeless shelter;
61.05.6.5.4Number of persons who have moved into permanent supportive housing;
61.05.6.5.5Average percent occupancy of safe parking and safe shelter sites.
61.05.7 Zoning Clearance Certificate Revocation.
61.05.7.1 Grounds for Revocation. The Director may initiate proceedings to revoke the zoning clearance certificate for a safe parking/safe shelter site granted under this section if the Director has substantial evidence that:
61.05.7.1.1The facility may not be in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s);
61.05.7.1.2The facility failed to comply with objective standards in this section;
61.05.7.1.3The facility failed to comply with its management plan in a way that poses harm to the health and safety of its participants or the community; or
61.05.7.1.4Activities at the facility constitute a nuisance as defined in Section 351-3.
61.05.7.2 Notice. Before the Director may initiate a public hearing to revoke any zoning clearance certificate for a safe parking/safe shelter site, the Director must issue a written notice to the provider that specifies (A) the facility; (B) the violation(s) to be corrected; (C) the time frame in which the provider must correct such violation(s); and (D) that, in addition to all other rights and remedies the County may pursue, the County may initiate revocation proceedings for failure to correct such violation(s) in the specified time frame.
61.05.7.3 Hearing. A zoning clearance certificate granted under this section may be revoked pursuant to Section 314-61.05.7.1 only by the Board of Supervisors after a duly noticed public hearing.
61.05.7.4 No Appeals. Any decision by the Board of Supervisors to revoke or not revoke a zoning clearance certificate is final and not subject to further appeals. Within five (5) business days after the Board of Supervisors adopts a resolution to revoke the zoning clearance certificate, the Director will provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.
61.1 STREAMSIDE MANAGEMENT AREAS AND WETLANDS ORDINANCE
61.1.1 Short Title. This section shall be known and cited as the “Streamside Management Areas and Wetlands Ordinance of the County of Humboldt” (SMAWO). In any administrative action taken by any public official under the authority of this code, the use of the term “Streamside Management Areas and Wetlands Ordinance” or “SMAWO,” unless further modified, shall also refer to and mean this section.
61.1.2 Purpose. The purpose of this section is to provide minimum standards pertaining to the use and development of land located within Streamside Management Areas (SMAs), wetlands and other wet areas such as: natural ponds, springs, vernal pools, marshes, and wet meadows.
The purpose of establishing the standards is to:
•Create a Streamside Management Areas and Wetlands ordinance within the zoning regulations of the County of Humboldt pursuant to the mandates of state law.
•Implement portions of the County’s General Plan policies and standards pertaining to open space, conservation, housing, water resources, biological resources, and public facilities.
61.1.3 Relationship to Other Regulations. These regulations shall be in addition to regulations imposed by the principal zone, combining zone, development regulations, and other open space or resource protection regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the most protective of natural resources shall apply.
61.1.4 Scope of Application. This section shall be applicable to all development within or affecting SMAs, wetlands or other wet areas within the unincorporated areas of the County and outside the Coastal Zone.
The provisions of this section shall be applicable to all development permits issued by the County pursuant to:
(1) Division 1, Planning, of Title III, Land Use and Development.
(2) Division 2, Subdivision Regulations, of Title III, Land Use and Development.
(3) Division 3, Building Regulations, Title III, Land Use and Development.
(4) Division 4, Protection and Control of County Roads and Permits, Title IV, Streets and Highways.
These regulations shall not apply to:
61.1.4.1Routine maintenance activities associated with existing public or private facilities, defined as “activities to support, keep and continue in an existing state or condition without decline.” Routine activities include the replacement of culverts and related structures when conducted pursuant to a Department of Fish and Wildlife Lake or Streambed Alteration Agreement (LSAA).
For the purpose of these regulations, routine maintenance activities do not include:
•Removal of trees with a diameter of twelve (12) inches or greater (thirty-eight (38) inch circumference), or
•Removal of trees from within a contiguous or noncontiguous area of more than six thousand (6,000) square feet as measured under the tree canopy, or
•Activities that could result in significant environmental impacts where the removal will:
–Be located within a streamside management area, wetland or other wet area as defined in County regulations, or
–Occur on slopes greater than fifteen percent (15%), or
–Will expose more than two thousand (2,000) square feet of soil to erosion.
A site evaluation shall be made where necessary to determine if a project meets the exemption standards of these regulations or if the proposed development requires a special permit.
61.1.4.2Grading and construction activities associated with on-site wells and sewage disposal systems for single-family dwellings which have received all required County and State permits; or
61.1.4.3Any project where a complete application for grading or construction was accepted by the Planning and Building Department prior to April 25, 1995; or
61.1.4.4To any construction or grading on property which was subdivided and subject to discretionary and environmental review by the County after the effective date of the 1984 General Plan, January 2, 1985, and any subsequent and applicable Community Plans, if the responsible department has determined that all conditions of approval and specific mitigation requirements have been fully met; or
61.1.4.5Development activities proposed and carried out under the provisions of the Division 9, Mining Operations, of Title III, Land Use and Development.
61.1.4.6Timber harvest and management activities when approved and carried out consistent with the California Forest Practices Act. Activities which are not exempt from the local regulation pursuant to Public Resources Code Section 4516.5(f) are subject to these regulations. Permits are required for private roads within timber harvest areas where the proposed improvements are in excess of the minimum road standards required by the California Department of Forestry for timber harvesting activities.
The exemptions contained in Section 331-14(d)(2), Grading, Excavation, Erosion and Sedimentation Control, do not apply in SMAs, wetlands or other wet areas.
61.1.5 Permit Required and Processing. All development as defined in the General Plan within or affecting SMAs, wetlands or other wet areas not exempted under Section 314-61.1.4 shall require a permit pursuant to an application for development within SMAs, wetlands or other wet areas and processed as a special permit pursuant to the Humboldt County Zoning Regulations (Section 312-3.1.1 et seq.).
For those activities subject to these regulations and conducted by the County Department of Public Works, the Director of the Department (of Public Works) shall be responsible for the environmental review and public notice requirement, be empowered to approve and issue a special permit following the making of findings, be empowered to meet with and work out solutions with impacted parties, and be required to provide notice and staff support to the Planning Commission when a hearing is requested. The impacted parties shall have a mandatory meeting with the Department of Public Works in an attempt to work out any issues before a hearing is requested or an appeal to the Planning Commission is filed.
61.1.6 Findings of Exception – Written Report. Where there is disputed evidence, or controversy, regarding a finding of exception, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which a finding of exemption is made. Copies of the report shall be sent to CDFW or any person or group requesting such report in writing. Any person dissatisfied with the finding of exemption may request a formal review pursuant to Section 314-61.1.8.
61.1.7 Definitions. Whenever the words listed below are used in the Zoning Regulations or other regulations related to the Streamside Management Areas and Wetlands Ordinance, they shall have the following meaning:
61.1.7.1“Grading” means all grading, filling, land contouring, clearing and grubbing, drainage activities, site preparation, and road building.
61.1.7.2“CDFW” means the California Department of Fish and Wildlife.
61.1.7.3“Construction” means the erection or construction of, or addition to, any building or structure but shall not include the structural alteration, repair, remodeling, or demolition and reconstruction of and additions to any building or structure where the work would not increase the “footprint” of the building or structure. “Construction” does not include “minor additions” as defined in this section.
61.1.7.4“Minor additions” means an exception to these standards for additions to buildings or structures existing on April 25, 1995, of up to five hundred (500) square feet of floor area. From this date forward, any number of individual additions to an existing building or structure may be permitted provided the aggregated total increase in square footage for all changes does not exceed five hundred (500) square feet of floor area. A “minor addition” is not “construction” as defined in these standards. Note: Physical additions to a building or structure where a condition or a prior discretionary permit or subdivision approval indicated that any future additions would be prohibited are not minor additions as defined in these Implementation Standards.
61.1.7.5“Project” means any “grading” or “construction” activities subject to the provisions of these standards.
61.1.7.6“Streamside management areas” (SMAs) [Policy BR-S5. Streamside management areas defined of the 2017 General Plan] shall be as defined in the Humboldt County General Plan Section 10.3, Biological Resources, of Chapter 10, Conservation and Open Space Elements of the Humboldt County General Plan and includes, a natural resource area along both sides of streams containing the channel and adjacent land. SMAs do not include watercourses consisting entirely of a manmade drainage ditch, or other manmade drainage device, construction, or system. Streamside management areas (SMA) are identified and modified as follows:
61.1.7.6.1Areas specifically mapped as SMA and Wetland (WR) Combining Zones, subject to verification and adjustment pursuant to site-specific biological reporting and review procedures.
61.1.7.6.2For areas along streams not specifically mapped as SMA and Wetland (WR) Combining Zones, the outer boundaries of the SMA shall be defined as:
61.1.7.6.2.1One hundred (100) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of perennial streams.
61.1.7.6.2.2Fifty (50) feet, measured as the horizontal distance from the top of bank or edge of riparian drip-line whichever is greater on either side of intermittent streams.
Where necessary, as determined by the responsible department, the width of SMAs shall be expanded to include significant areas of riparian vegetation adjacent to the buffer area, slides and areas with visible evidence of slope instability, not to exceed two hundred
(200) feet measured as a horizontal distance from the top of bank as necessary to include slides, or areas with visible evidence of slope instability.
61.1.7.6.3The streamside management area may be reduced or eliminated where the County determines, based on specific factual findings, that:
61.1.7.6.3.1The mapping of the SMA is not accurate, there are no in-channel wetland characteristics or off-channel riparian vegetation, or the reduction will not significantly affect the biological resources of the SMA on the property.
61.1.7.6.3.2For projects subject to ministerial review, reductions may be allowed without a special permit in consultation with California Department of Fish and Wildlife.
When the prescribed buffer would prohibit development of the site for the principal use for which it is designated, measures shall be applied that result in the least environmentally damaging feasible project.
Such determinations require a special permit pursuant to Section 312-3.1.1 et seq.
61.1.7.6.4“Other wet areas,” i.e., natural ponds, springs, vernal pools, marshes and wet meadows. The existence of possible other wet areas shall be identified by the responsible department using normal soils investigation criteria. These criteria indicate the presence of any of the following: standing water, evidencing a natural pond or poor drainage conditions, wetland soils, or hydrophytic vegetation (e.g., swamp grass).
i.e., natural ponds, springs, vernal pools, marshes and wet meadows. The existence of possible other wet areas shall be identified by the responsible department using normal soils investigation criteria. These criteria indicate the presence of any of the following: standing water, evidencing a natural pond or poor drainage conditions, wetland soils, or hydrophytic vegetation (e.g., swamp grass).
61.1.7.6.5“Wetlands” – as defined in the U.S. Army Corps of Engineers Wetland Delineation Manual in the identification and classification of wetlands which considers wetlands as those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
61.1.7.6.6Development standards for wetlands shall be consistent with the standards for streamside management areas, as applicable except that the widths of the SMA for wetlands are as follows:
•Seasonal wetlands = fifty (50) feet;
•Perennial wetlands = one hundred fifty (150) feet;
and the setback begins at the edge of the delineated wetland. Buffers may be reduced based on site-specific information and consultation with the California Department of Fish and Wildlife. No buffer shall be required for manmade wetlands except wetlands created for mitigation purposes.
61.1.8 Administration and Enforcement. The regulations of this section are to be administered and enforced by the respective administrative or enforcement official designated by the code for each section cited in Section 314-61.1.4 and hereinafter referred to as “responsible department.” In case of disagreement in the application of the regulations, the Director of the Planning and Building Department shall decide, subject to appeal to the Board of Supervisors pursuant to Section 312-13.
61.1.9 Development Allowed.
61.1.9.1Development within stream channels is limited to the following projects:
61.1.9.1.1Fishery, wildlife, and aquaculture enhancement and restoration projects.
61.1.9.1.2Road crossings consistent with subsection 61.1.10 of this section.
61.1.9.1.3Flood control and drainage channels, levees, dikes and floodgates.
- 61.1.9.1.4Mineral extraction consistent with other County regulations.
61.1.9.1.5Small-scale hydroelectric power plants in compliance with applicable County regulations and those of other agencies.
61.1.9.1.6Wells and spring boxes, and agricultural diversions.
61.1.9.1.7New fencing, so long as it would not impede the natural drainage or wildlife movement and would not adversely affect the stream environment or wildlife.
61.1.9.1.8Bank protection, provided it is the least environmentally damaging alternative.
61.1.9.1.9Other essential public projects, including municipal groundwater pumping stations, provided they are the least environmentally damaging alternative, or necessary for the protection of the public’s health and safety.
61.1.9.1.10Improvements to nonconforming uses and structures when consistent with Sections 314-131 through 314-132 and these regulations.
61.1.9.2Development within streamside management areas shall be limited to the following:
61.1.9.2.1Development permitted within stream channels.
61.1.9.2.2Timber management and harvests activities under a timber harvesting plan or nonindustrial timber management plan, or activities exempt from local regulation as per California Public Resources Code Section 4516.5(d) as well as noncommercial cutting of firewood and clearing for pasturage, provided:
61.1.9.2.2.1Cottonwoods are retained.
61.1.9.2.2.2Remaining willows and alders, as well as other unmerchantable hardwoods or shrubs, are to be protected from unreasonable damage.
61.1.9.2.3Road and bridge replacement or construction, where the length of the road within the SMA shall be minimized, and when it can be demonstrated that it would not degrade fish and wildlife resources or water quality, and that vegetative clearing is kept to a minimum.
61.1.9.2.4Removal of vegetation for disease control or public safety purposes.
61.1.9.2.5Normal and usual agricultural and surface mining practices and uses which are principally permitted within the SMA shall not be considered development for the purposes of this standard.
61.1.9.3 Bank Protection.
61.1.9.3.1Protection measures for County river and stream banks may be permitted for the following purposes:
61.1.9.3.1.1Maintenance, replacement, or construction of necessary public or private roads;
61.1.9.3.1.2Maintenance, replacement, or construction of levees and dikes;
61.1.9.3.1.3Protection of principal structures in danger due to erosion;
61.1.9.3.1.4Protection of lands zoned AE, Agricultural Exclusive, from erosion.
61.1.9.3.2The bank protection measures which may be permitted are listed below in order of preference. The measures chosen for any bank protection project shall employ the highest ranking protection measure wherever feasible. The preference ranking for permitted protection measures shall be as follows:
(1)Piling fence;
(2)Rock hard points;
(3)Continuous revetment.
61.1.10 Mitigation Measures. ¶
61.1.10.1Mitigation measures for development within streamside management areas shall, at a minimum, include:
61.1.10.1.1Retaining snags unless felling is required by CAL-OSHA, or by California Department of Forestry forest and fire protection regulations, or for public health and safety reasons, approved by the Planning and Building Director. Felled snags shall be left on the ground if consistent with fire protection regulations and the required treatment of slash or fuels.
61.1.10.1.2Retain live trees with visible evidence of current or historical use as nesting sites by hawks, owls, eagles, osprey, herons, kites or egrets.
61.1.10.1.3Replanting of disturbed areas with riparian vegetation (including such species as alders, cottonwoods, willows, sitka spruce, etc.) shall be required unless natural regeneration does not occur within two (2) years of the completion of the development project. The mitigation and monitoring report adopted as a part of project approval shall include an alternative regeneration plan in case natural regeneration is not successful.
61.1.10.1.4Revegetation along channelized streams and other wet areas shall be required where the habitat has been converted to other uses. For development allowed within streamside management or other wet areas where the riparian habitat has been converted to other uses, the project shall be conditioned to require the development of new riparian or wetland habitat of an area equal to the area in which the development is to occur, or the area of an existing or proposed easement or right-of-way, whichever is larger.
61.1.10.1.5 Erosion Control Measures. As found within the Building Regulations, Section 331-14, Grading, Excavating, Erosion, and Sedimentation Control, and the following:
61.1.10.1.5.1During construction, land clearing and vegetation removal will be minimized, following the provisions of the Water Resources Element and the standards listed here;
61.1.10.1.5.2Construction sites with at least one hundred (100) square feet of exposed soil will be planted or seeded as appropriate per mitigations as recommended in writing by the lead agency with native or noninvasive vegetation and mulched with natural or chemical
stabilizers to aid in erosion control and ensure revegetation;
61.1.10.1.5.3Long slopes will be minimized to increase infiltration and reduce water velocities down cut slopes by such techniques as soil roughing, serrated cuts, selective grading, shaping, benching, and berm construction.
61.1.10.1.6Concentrated runoff will be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains, or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge, where discharge is to natural ground or channels.
ted runoff will be controlled by the construction and continued maintenance of culverts, conduits, nonerodible channels, diversion dikes, interceptor ditches, slope drains, or appropriate mechanisms. Concentrated runoff will be carried to the nearest drainage course. Energy dissipaters may be installed to prevent erosion at the point of discharge, where discharge is to natural ground or channels.
61.1.10.1.7Runoff shall be controlled to prevent erosion by on-site or off-site methods. On-site methods include, but are not limited to, the use of infiltration basins, percolation pits, or trenches. On-site methods are not suitable where high groundwater or slope stability problems would inhibit or be aggravated by on-site retention or where retention will provide no benefits for groundwater recharge or erosion control. Off-site methods include detention or dispersal of runoff over nonerodible vegetated surfaces where it would not contribute to downstream erosion or flooding.
61.1.10.1.8Disposal of silt, organic, and earthen material from sediment basins and excess material from construction will be disposed of out of the streamside management area to comply with California Department of Fish and Wildlife and the North Coast Regional Water Quality Control Board requirements.
61.1.10.1.9Winter operations (generally October 15th through April 15th) shall employ the following special considerations:
(1)Slopes will be temporarily stabilized by stage seeding and/or planting of fast germinating seeds, such as barley or rye grass, and mulched with protective coverings such as natural or chemical stabilizations; and
(2)Runoff from the site will be temporarily detained or filtered by berms, vegetated filter strips, and/or catch basins to prevent the escape of sediment from the site. Drainage controls are to be maintained as long as necessary to prevent erosion throughout construction.
61.1.11 Prohibited Activities. ¶
61.1.11.1The following prohibitions pertain to all development and related activities within streamside management areas, wetlands and or other wet areas within the County:
61.1.11.1.1The discharge of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, into any streamside management or other wet area in quantities deleterious to fish, wildlife, or other beneficial uses is prohibited.
61.1.11.1.2The placement of soil, vegetation, or other organic or inorganic material from any development activity, except those authorized pursuant to the County’s Streamside Management Area Ordinance, on site or off site, where such material could pass into any streamside management or other wet area in quantities which could be deleterious to fish, wildlife, or other beneficial uses.
61.1.12 Confirmation of Development within SMAs and Wetlands. As a part of a development application review, the responsible department shall check USGS maps, or other information available to the department, to determine if grading, construction, or other activity is proposed to be located within a SMA or other wet area.
A preliminary on-site inspection shall be performed prior to any grading, construction, or other development permit issuance to determine if the project area contains SMAs or other wet areas.
Where there is disputed evidence or controversy regarding the confirmation of development within SMAs or other wet areas, the Administrative Official shall issue a written report containing the evidence, or referencing the evidence, upon which the confirmation is made.
Copies of the report shall be sent to CDFW and to any person or group requesting such report in writing.
61.1.13 Biological Report Required. An application proposing development activities within a SMA or Other Wet Area shall include a site-specific biological report prepared consistent with these regulations.
The written report prepared by a qualified biologist shall be referred to CDFG for review and comment. If no reply is received from CDFG within ten (10) working days of the date of the referral, it shall be assumed that the report satisfies CDFG requirements.
61.1.14 Incorporation of Recommendations as Conditions. The recommendations contained within the written report shall be incorporated into any development permit as conditions of approval by the Responsible Department.
61.1.15 Project Monitoring, Security, and Certificate of Completion. The monitoring of mitigation measures and reporting of monitoring activities made as conditions to any permit issued pursuant to this section shall be performed as specified in the project’s adopted mitigation and monitoring plan.
No development permit final acceptance, certificate of compliance or certificate of occupancy, nor any further development permits shall be issued unless and until all initial mitigation measures are completed and accepted by the County.
Where a project is phased or where mitigation measures are to be monitored beyond an initial building, grading, or construction period, or where mitigation measures are required beyond this initial period, as described within the development permit, the permittee shall post a bond or equal security with the Responsible Department prior to commencing any grading or construction activities. The amount of the bond or security is to be based upon the cost of performing the required mitigation measures, the related monitoring and report activities, and the County’s administrative and processing costs.
Following a written notice to the permittee of a failure to complete or fully implement mitigation or monitoring measures within the time period specified within the permit conditions, the bond or other security may be forfeited and applied to the incomplete mitigation or monitoring measures at the discretion of the Responsible Department.
61.1.16 Waiver of Procedures for Emergencies. The provisions of Section 312-15, Subsections 1-5, of the County Zoning regulations shall be followed in cases of emergencies. Following the issuance of an emergency development permit or variance, application shall be made and processed for the required development permit or variance in accordance with the applicable provisions of the County Code.
61.1.17 Biological Report. Where a Biological Report is required by these regulations, the report shall be prepared by a qualified professional educated, trained, and experienced in the subject matter, and the report shall contain the following:
Section I Summary of Findings and Conclusions Section II Introduction, Background, and Project Understanding Section III Methods
A. Field Observation and Studies
- B. Trustee and Other Agency Consultation
C. Document and Report Review D. Cumulative Biological and Watershed Effects Section IV Results and Discussion A. Existing Site Conditions 1. Terrestrial 2. Hydrologic and Aquatic 3. Sensitive Species or Habitats B. Offsite Conditions 1. Terrestrial 2. Hydrologic and Aquatic 3. Sensitive Species or Habitats C. Development Effects 1. Direct 2. Indirect 3. Cumulative D. Recommended Mitigation and Monitoring Measures Section V References A. Plant Species Observed B. Other Species Observed directly or indirectly (e.g., nests, scats, tracks, etc.) C. Sensitive Species or Habitats in the Project Vicinity (listing)
61.1.18 Mitigation and Monitoring Plan.
61.1.18.1When a mitigation or monitoring plan is required, information sufficient to answer all of the following is required:
61.1.18.1.1Statement of project/mitigation goals – what do you want to create?
61.1.18.1.1.1Map and/or description of existing site conditions.
61.1.18.1.2Schedule for implementation, inspection, and maintenance.
61.1.18.1.3Description of site preparation; i.e., excavation, grading, stockpile of topsoil, etc.
61.1.18.1.4Identify the planting material; i.e., cuttings, seedlings, seed, plugs, container size (source if not obtained from commercial nursery).
61.1.18.1.4.1Use of mulch and/or fertilizers.
61.1.18.1.4.2Description of plant preparation, if necessary; i.e., how cuttings were obtained, size, treatment with rooting hormone.
61.1.18.1.4.3Necessity for irrigation and/or fencing.
61.1.18.1.5Performance Standards – how to measure success through defined criteria; i.e., number of viable species, cover values, height, growth, etc. For example:
61.1.18.1.5.1Year one – 80% tree species viable and achieving at least 4 inches of growth from initiation of planting.
61.1.18.1.5.2Year three – plugs of silverweed shall cover at least 30% of project site.
61.1.18.1.6Monitoring Requirements – (standard is five years of monitoring).
61.1.18.1.6.1Conduct during June each year; however, may be modified if specific species are involved (i.e., annual that blooms in April).
61.1.18.1.6.2Photos.
61.1.18.1.7Reporting – listing of appropriate agencies to receive copies of monitoring report.
61.1.18.1.8Remedial Measures – plan shall include measures for mitigation not achieving specified performance criteria; i.e., replanting, irrigation, fencing, etc.
61-2 SUPPORTIVE HOUSING ¶
61.2.1 Purpose. The purpose of these regulations is to facilitate development of supportive housing as defined in California Government Code. California Government Code Section 65582 defines supportive housing as housing with no limit on the length of stay that is occupied by the target population, and that is linked to an on-site or off-site service that helps residents retain the housing, improve his or her health status, and maximize their ability to live and, when possible, work in the community. Supportive housing is a residential use subject to the same requirements and restrictions that apply to other residential uses of the same type in the same zone.
61.2.2 Applicability. ¶
61.2.2.1 Single-Unit Supportive Housing. Supportive housing that consists of single residential units is principally permitted in all zones where single-family residential development is principally permitted, and is subject only to the development standards applicable to residential uses of the same type in the same zone.
61.2.2.2 Multifamily Supportive Housing. Multifamily supportive housing developed under California Government Code 65650 et seq., consisting of fifty (50) units or less that meets all of the following requirements is principally permitted in the R-3, R-4, C-1, C-2, C-3, CH, MB, MU1 and MU2 zoning districts, provided:
61.2.2.2.1Units within the development are subject to a recorded affordability restriction for fifty-five (55) years.
61.2.2.2.2 Affordability. One hundred percent (100%) of the units within the development, excluding managers’ units, must be restricted to lower income households, and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Lower income households has the same meaning as defined in California Health and Safety Code Section 50079.5.
61.2.2.2.3 Supportive Housing Units. At least twenty-five percent (25%) of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. In developments with fewer than twelve (12) units, one hundred percent (100%) of those units must be restricted to residents in supportive housing.
61.2.2.2.4 Services Plan. The applicant must submit a plan for providing supportive services, with documentation demonstrating that supportive services will be provided on site to residents in the project as required by California Government Code Section 65651, and describing those services, which must include all of the following:
61.2.2.2.4.1The name of the proposed entity or entities that will provide supportive services.
61.2.2.2.4.2The proposed funding source or sources for the provided on-site supportive services.
61.2.2.2.4.3Proposed staffing levels.
61.2.2.2.5 Replacement Dwelling Units. The supportive housing development must replace rental dwelling units in the manner provided in California Government Code Section 65915.
61.2.2.2.6 Facilities. Units within the development, excluding managers’ units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
61.2.2.2.7 Supportive Services Floor Area. For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for on-site supportive services. For a development with more than twenty-one (21) units, at least three percent (3%) of the total nonresidential floor area must be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
61.2.2.2.8Any other requirements of California Government Code Section 65650 et seq. regarding supportive housing, as that section may be amended.
61.2.2.3Multifamily supportive housing is subject only to the development standards applicable to residential uses of the same type in the same zone.
61.2.3 Supportive Housing in Commercial Zones and Business Parks. Supportive housing located in C-1, C-2, C-3 or MB zoning districts is permitted above the ground floor as the primary use. Supportive housing units may be located on the ground floor in C-1, C- 2, C-3, or MB zoning districts with a special permit.
61.2.4 Parking. Supportive housing located within one-half (1/2) mile walking distance of a public transit stop is not subject to minimum parking requirements. (Ord. 2275, § D, 5/28/2002; Ord. 2629, § 9, 6/11/2019; Ord. 2693, § 2, 6/7/2022; Ord. 2721, § 2, 7/11/2023; Ord. 2729, § 2, 1/9/2024) Your Selections
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62.1 TEMPORARY USES ¶
62.1.1 Special Events and Attractions. No circus, carnival, open-air or drive-in theater, automobile racetrack, religious revival tent, or similar assemblage of people and motorized vehicles shall be permitted in any zone unless a Use Permit is first secured in each case. (Former Section INL#316-5; Ord. 519 Sec. 605, 5/11/65; Amended by Ord. 2214, 6/6/00)
62.2 TIMBER PRODUCTION ¶
Timber Production as defined in this Code, and not regulated by a California Department of Forestry and Fire Protection Timber Harvest Plan shall be allowed with a Special Permit in RS, R-1, R-2, R-3, and R-4 Zones. Timber production activities in other than residential zones shall be as provided by the regulations for the individual zoning district. (Former Section INL#316-19; Amended by Ord. 1876, Sec. 9, 9/26/89)
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62.1 TEMPORARY USES ¶
62.1.1 Special Events and Attractions. No circus, carnival, open-air or drive-in theater, automobile racetrack, religious revival tent, or similar assemblage of people and motorized vehicles shall be permitted in any zone unless a Use Permit is first secured in each case. (Former Section INL#316-5; Ord. 519 Sec. 605, 5/11/65; Amended by Ord. 2214, 6/6/00)
62.2 TIMBER PRODUCTION ¶
Timber Production as defined in this Code, and not regulated by a California Department of Forestry and Fire Protection Timber Harvest Plan shall be allowed with a Special Permit in RS, R-1, R-2, R-3, and R-4 Zones. Timber production activities in other than residential zones shall be as provided by the regulations for the individual zoning district. (Former Section INL#316-19; Amended by Ord. 1876, Sec. 9, 9/26/89)
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62.1 TEMPORARY USES ¶
62.1.1 Special Events and Attractions. No circus, carnival, open-air or drive-in theater, automobile racetrack, religious revival tent, or similar assemblage of people and motorized vehicles shall be permitted in any zone unless a Use Permit is first secured in each case. (Former Section INL#316-5; Ord. 519 Sec. 605, 5/11/65; Amended by Ord. 2214, 6/6/00)
62.2 TIMBER PRODUCTION ¶
Timber Production as defined in this Code, and not regulated by a California Department of Forestry and Fire Protection Timber Harvest Plan shall be allowed with a Special Permit in RS, R-1, R-2, R-3, and R-4 Zones. Timber production activities in other than residential zones shall be as provided by the regulations for the individual zoning district. (Former Section INL#316-19; Amended by Ord. 1876, Sec. 9, 9/26/89)
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The purpose of these regulations is to allow groups of three (3) or more tiny houses or moveable tiny houses to improve housing diversity and encourage development of new low-cost permanent housing.
62.3.1 TYPES AND NUMBER OF STRUCTURES ¶
Groups of three (3) or more tiny houses or moveable tiny houses on one (1) parcel. The density shall not exceed what is allowed by the General Plan for residential zones, and not exceed a density of thirty (30) units per acre in nonresidential zones.
62.3.1.1A tiny house village may be eligible for a density bonus, pursuant to Section 314-112, or as may be modified by Government Code Section 65915.
62.3.2 GENERAL PROVISIONS ¶
62.3.2.1 Zones Where Tiny House Villages Are Principally Permitted. Tiny house villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1) zones, Neighborhood Commercial (C-1), Community Commercial (C-2) and Highway Service Commercial (CH); except where a special permit is otherwise required in Section 62.3.3 for development standards or other HCC.
62.3.2.2 Conditionally Permitted Tiny House Villages. A tiny house village that meets the requirements of this section is permitted with a Conditional Use Permit in Industrial Commercial (C-3) and Mixed Use Rural (MU-2). It is also permitted with a Conditional Use Permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.3.2.3Tiny houses or moveable tiny houses in a tiny house village shall not be rented for periods of less than thirty (30) days in duration.
62.3.2.4 Household Pets. No more than two (2) household pets per unit. ¶
62.3.3 DEVELOPMENT STANDARDS ¶
Tiny house villages are subject to the following development standards:
62.3.3.1 Water and Wastewater. In tiny house villages within urban service areas, tiny houses and moveable tiny houses shall connect to public water and wastewater systems where those services are available. Where connection to public water or wastewater system is not available, tiny house villages will require approval of a special permit, and shall be served by on-site water and wastewater treatment that meets County Code and State requirements.
62.3.3.2 Energy. Tiny house villages shall be located on a property with connection to grid power or have a permitted renewable power source.
62.3.3.3 Access. Tiny house villages shall be located on a Category 4 road and have a minimum of a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safe regulations.
62.3.3.4 Addresses. Each individual unit of a tiny house village shall have an assigned address in concurrence with building permit issuance.
62.3.3.5 Parking. A minimum of one (1) car parking space for every two (2) units on the site and not more than one (1) car parking space per unit shall be provided when the following requirements are met:
62.3.3.5.1The tiny house village is within one half (1/2) mile of a bus stop, and
62.3.3.5.2A minimum of one (1) secure bicycle locker is provided for every two (2) units on the site.
62.3.3.6 Waste Removal. ¶
62.3.3.6.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.3.3.6.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.3.3.6.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.3.3.7 Common Areas and Open Space. A minimum area of one thousand five hundred (1,500) contiguous square feet (with a minimum dimension of thirty (30) feet) per acre of tiny house village shall be provided and improved for open space to be used for shared lawn, outdoor seating and garden space. This shall not include required setbacks or patio areas, and a maximum of twenty-five percent (25%) of this area can be used to create common buildings for recreation, workspace, or storage.
62.3.3.8 Privacy. Units shall not be designed or placed so that a window of one (1) unit would provide a direct view into a neighboring unit resulting in a loss of privacy.
62.3.4 DEVELOPMENT STANDARDS FOR MOVEABLE TINY HOUSES ¶
Moveable tiny houses in a tiny house village are subject to the following development standards:
62.3.4.1 Foundation or Alternative Pad Standards.
62.3.4.1.1If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a movable tiny house shall follow the State approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
62.3.4.1.2If the wheels are not removed, the pad for the moveable tiny house shall include a compacted structural base capable of supporting the weight of the moveable tiny house.
62.3.4.2 Design Standards. Moveable tiny houses must comply with all of the following design elements:
62.3.4.2.1Exterior materials shall be non-reflective; except the areas used for windows.
62.3.4.2.2Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim.
62.3.4.2.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area.
62.3.4.2.4The unit shall be plumbed to allow connection to an approved means of sewage disposal. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
62.3.4.2.5A moveable tiny house connecting to a source of electrical power shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations. (Ord. 2743a, § 2, 8/20/2024) Your Selections
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The purpose of these regulations is to allow groups of three (3) or more tiny houses or moveable tiny houses to improve housing diversity and encourage development of new low-cost permanent housing.
62.3.1 TYPES AND NUMBER OF STRUCTURES ¶
Groups of three (3) or more tiny houses or moveable tiny houses on one (1) parcel. The density shall not exceed what is allowed by the General Plan for residential zones, and not exceed a density of thirty (30) units per acre in nonresidential zones.
62.3.1.1A tiny house village may be eligible for a density bonus, pursuant to Section 314-112, or as may be modified by Government Code Section 65915.
62.3.2 GENERAL PROVISIONS ¶
62.3.2.1 Zones Where Tiny House Villages Are Principally Permitted. Tiny house villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1) zones, Neighborhood Commercial (C-1), Community Commercial (C-2) and Highway Service Commercial (CH); except where a special permit is otherwise required in Section 62.3.3 for development standards or other HCC.
62.3.2.2 Conditionally Permitted Tiny House Villages. A tiny house village that meets the requirements of this section is permitted with a Conditional Use Permit in Industrial Commercial (C-3) and Mixed Use Rural (MU-2). It is also permitted with a Conditional Use Permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.3.2.3Tiny houses or moveable tiny houses in a tiny house village shall not be rented for periods of less than thirty (30) days in duration.
62.3.2.4 Household Pets. No more than two (2) household pets per unit.
62.3.3 DEVELOPMENT STANDARDS ¶
Tiny house villages are subject to the following development standards:
62.3.3.1 Water and Wastewater. In tiny house villages within urban service areas, tiny houses and moveable tiny houses shall connect to public water and wastewater systems where those services are available. Where connection to public water or wastewater system is not available, tiny house villages will require approval of a special permit, and shall be served by on-site water and wastewater treatment that meets County Code and State requirements.
62.3.3.2 Energy. Tiny house villages shall be located on a property with connection to grid power or have a permitted renewable power source.
62.3.3.3 Access. Tiny house villages shall be located on a Category 4 road and have a minimum of a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safe regulations.
62.3.3.4 Addresses. Each individual unit of a tiny house village shall have an assigned address in concurrence with building permit issuance.
62.3.3.5 Parking. A minimum of one (1) car parking space for every two (2) units on the site and not more than one (1) car parking space per unit shall be provided when the following requirements are met:
62.3.3.5.1The tiny house village is within one half (1/2) mile of a bus stop, and
62.3.3.5.2A minimum of one (1) secure bicycle locker is provided for every two (2) units on the site.
62.3.3.6 Waste Removal. ¶
62.3.3.6.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.3.3.6.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.3.3.6.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.3.3.7 Common Areas and Open Space. A minimum area of one thousand five hundred (1,500) contiguous square feet (with a minimum dimension of thirty (30) feet) per acre of tiny house village shall be provided and improved for open space to be used for shared lawn, outdoor seating and garden space. This shall not include required setbacks or patio areas, and a maximum of twenty-five percent (25%) of this area can be used to create common buildings for recreation, workspace, or storage.
62.3.3.8 Privacy. Units shall not be designed or placed so that a window of one (1) unit would provide a direct view into a neighboring unit resulting in a loss of privacy.
62.3.4 DEVELOPMENT STANDARDS FOR MOVEABLE TINY HOUSES ¶
Moveable tiny houses in a tiny house village are subject to the following development standards:
62.3.4.1 Foundation or Alternative Pad Standards.
62.3.4.1.1If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a movable tiny house shall follow the State approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
62.3.4.1.2If the wheels are not removed, the pad for the moveable tiny house shall include a compacted structural base capable of supporting the weight of the moveable tiny house.
62.3.4.2 Design Standards. Moveable tiny houses must comply with all of the following design elements:
62.3.4.2.1Exterior materials shall be non-reflective; except the areas used for windows.
62.3.4.2.2Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim.
62.3.4.2.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area.
62.3.4.2.4The unit shall be plumbed to allow connection to an approved means of sewage disposal. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
62.3.4.2.5A moveable tiny house connecting to a source of electrical power shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations. (Ord. 2743a, § 2, 8/20/2024) Your Selections
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The purpose of these regulations is to allow groups of three (3) or more tiny houses or moveable tiny houses to improve housing diversity and encourage development of new low-cost permanent housing.
62.3.1 TYPES AND NUMBER OF STRUCTURES ¶
Groups of three (3) or more tiny houses or moveable tiny houses on one (1) parcel. The density shall not exceed what is allowed by the General Plan for residential zones, and not exceed a density of thirty (30) units per acre in nonresidential zones.
62.3.1.1A tiny house village may be eligible for a density bonus, pursuant to Section 314-112, or as may be modified by Government Code Section 65915.
62.3.2 GENERAL PROVISIONS ¶
62.3.2.1 Zones Where Tiny House Villages Are Principally Permitted. Tiny house villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1) zones, Neighborhood Commercial (C-1), Community Commercial (C-2) and Highway Service Commercial (CH); except where a special permit is otherwise required in Section 62.3.3 for development standards or other HCC.
62.3.2.2 Conditionally Permitted Tiny House Villages. A tiny house village that meets the requirements of this section is permitted with a Conditional Use Permit in Industrial Commercial (C-3) and Mixed Use Rural (MU-2). It is also permitted with a Conditional Use Permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.3.2.3Tiny houses or moveable tiny houses in a tiny house village shall not be rented for periods of less than thirty (30) days in duration.
62.3.2.4 Household Pets. No more than two (2) household pets per unit.
62.3.3 DEVELOPMENT STANDARDS ¶
Tiny house villages are subject to the following development standards:
62.3.3.1 Water and Wastewater. In tiny house villages within urban service areas, tiny houses and moveable tiny houses shall connect to public water and wastewater systems where those services are available. Where connection to public water or wastewater system is not available, tiny house villages will require approval of a special permit, and shall be served by on-site water and wastewater treatment that meets County Code and State requirements.
62.3.3.2 Energy. Tiny house villages shall be located on a property with connection to grid power or have a permitted renewable power source.
62.3.3.3 Access. Tiny house villages shall be located on a Category 4 road and have a minimum of a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safe regulations.
62.3.3.4 Addresses. Each individual unit of a tiny house village shall have an assigned address in concurrence with building permit issuance.
62.3.3.5 Parking. A minimum of one (1) car parking space for every two (2) units on the site and not more than one (1) car parking space per unit shall be provided when the following requirements are met:
62.3.3.5.1The tiny house village is within one half (1/2) mile of a bus stop, and
62.3.3.5.2A minimum of one (1) secure bicycle locker is provided for every two (2) units on the site.
62.3.3.6 Waste Removal. ¶
62.3.3.6.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.3.3.6.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.3.3.6.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.3.3.7 Common Areas and Open Space. A minimum area of one thousand five hundred (1,500) contiguous square feet (with a minimum dimension of thirty (30) feet) per acre of tiny house village shall be provided and improved for open space to be used for shared lawn, outdoor seating and garden space. This shall not include required setbacks or patio areas, and a maximum of twenty-five percent (25%) of this area can be used to create common buildings for recreation, workspace, or storage.
62.3.3.8 Privacy. Units shall not be designed or placed so that a window of one (1) unit would provide a direct view into a neighboring unit resulting in a loss of privacy.
62.3.4 DEVELOPMENT STANDARDS FOR MOVEABLE TINY HOUSES ¶
Moveable tiny houses in a tiny house village are subject to the following development standards:
62.3.4.1 Foundation or Alternative Pad Standards.
62.3.4.1.1If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a movable tiny house shall follow the State approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
62.3.4.1.2If the wheels are not removed, the pad for the moveable tiny house shall include a compacted structural base capable of supporting the weight of the moveable tiny house.
62.3.4.2 Design Standards. Moveable tiny houses must comply with all of the following design elements:
62.3.4.2.1Exterior materials shall be non-reflective; except the areas used for windows.
62.3.4.2.2Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim.
62.3.4.2.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area.
62.3.4.2.4The unit shall be plumbed to allow connection to an approved means of sewage disposal. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
62.3.4.2.5A moveable tiny house connecting to a source of electrical power shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations. (Ord. 2743a, § 2, 8/20/2024) Your Selections
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The purpose of these regulations is to allow groups of three (3) or more tiny houses or moveable tiny houses to improve housing diversity and encourage development of new low-cost permanent housing.
62.3.1 TYPES AND NUMBER OF STRUCTURES ¶
Groups of three (3) or more tiny houses or moveable tiny houses on one (1) parcel. The density shall not exceed what is allowed by the General Plan for residential zones, and not exceed a density of thirty (30) units per acre in nonresidential zones.
62.3.1.1A tiny house village may be eligible for a density bonus, pursuant to Section 314-112, or as may be modified by Government Code Section 65915.
62.3.2 GENERAL PROVISIONS ¶
62.3.2.1 Zones Where Tiny House Villages Are Principally Permitted. Tiny house villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1) zones, Neighborhood Commercial (C-1), Community Commercial (C-2) and Highway Service Commercial (CH); except where a special permit is otherwise required in Section 62.3.3 for development standards or other HCC.
62.3.2.2 Conditionally Permitted Tiny House Villages. A tiny house village that meets the requirements of this section is permitted with a Conditional Use Permit in Industrial Commercial (C-3) and Mixed Use Rural (MU-2). It is also permitted with a Conditional Use Permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.3.2.3Tiny houses or moveable tiny houses in a tiny house village shall not be rented for periods of less than thirty (30) days in duration.
62.3.2.4 Household Pets. No more than two (2) household pets per unit.
62.3.3 DEVELOPMENT STANDARDS ¶
Tiny house villages are subject to the following development standards:
62.3.3.1 Water and Wastewater. In tiny house villages within urban service areas, tiny houses and moveable tiny houses shall connect to public water and wastewater systems where those services are available. Where connection to public water or wastewater system is not available, tiny house villages will require approval of a special permit, and shall be served by on-site water and wastewater treatment that meets County Code and State requirements.
62.3.3.2 Energy. Tiny house villages shall be located on a property with connection to grid power or have a permitted renewable power source.
62.3.3.3 Access. Tiny house villages shall be located on a Category 4 road and have a minimum of a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safe regulations.
62.3.3.4 Addresses. Each individual unit of a tiny house village shall have an assigned address in concurrence with building permit issuance.
62.3.3.5 Parking. A minimum of one (1) car parking space for every two (2) units on the site and not more than one (1) car parking space per unit shall be provided when the following requirements are met:
62.3.3.5.1The tiny house village is within one half (1/2) mile of a bus stop, and
62.3.3.5.2A minimum of one (1) secure bicycle locker is provided for every two (2) units on the site.
62.3.3.6 Waste Removal. ¶
62.3.3.6.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.3.3.6.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.3.3.6.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.3.3.7 Common Areas and Open Space. A minimum area of one thousand five hundred (1,500) contiguous square feet (with a minimum dimension of thirty (30) feet) per acre of tiny house village shall be provided and improved for open space to be used for shared lawn, outdoor seating and garden space. This shall not include required setbacks or patio areas, and a maximum of twenty-five percent (25%) of this area can be used to create common buildings for recreation, workspace, or storage.
62.3.3.8 Privacy. Units shall not be designed or placed so that a window of one (1) unit would provide a direct view into a neighboring unit resulting in a loss of privacy.
62.3.4 DEVELOPMENT STANDARDS FOR MOVEABLE TINY HOUSES ¶
Moveable tiny houses in a tiny house village are subject to the following development standards:
62.3.4.1 Foundation or Alternative Pad Standards.
62.3.4.1.1If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a movable tiny house shall follow the State approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
62.3.4.1.2If the wheels are not removed, the pad for the moveable tiny house shall include a compacted structural base capable of supporting the weight of the moveable tiny house.
62.3.4.2 Design Standards. Moveable tiny houses must comply with all of the following design elements:
62.3.4.2.1Exterior materials shall be non-reflective; except the areas used for windows.
62.3.4.2.2Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim.
62.3.4.2.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area.
62.3.4.2.4The unit shall be plumbed to allow connection to an approved means of sewage disposal. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
62.3.4.2.5A moveable tiny house connecting to a source of electrical power shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations. (Ord. 2743a, § 2, 8/20/2024) Your Selections
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The purpose of these regulations is to allow groups of three (3) or more tiny houses or moveable tiny houses to improve housing diversity and encourage development of new low-cost permanent housing.
62.3.1 TYPES AND NUMBER OF STRUCTURES ¶
Groups of three (3) or more tiny houses or moveable tiny houses on one (1) parcel. The density shall not exceed what is allowed by the General Plan for residential zones, and not exceed a density of thirty (30) units per acre in nonresidential zones.
62.3.1.1A tiny house village may be eligible for a density bonus, pursuant to Section 314-112, or as may be modified by Government Code Section 65915.
62.3.2 GENERAL PROVISIONS ¶
62.3.2.1 Zones Where Tiny House Villages Are Principally Permitted. Tiny house villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1) zones, Neighborhood Commercial (C-1), Community Commercial (C-2) and Highway Service Commercial (CH); except where a special permit is otherwise required in Section 62.3.3 for development standards or other HCC.
62.3.2.2 Conditionally Permitted Tiny House Villages. A tiny house village that meets the requirements of this section is permitted with a Conditional Use Permit in Industrial Commercial (C-3) and Mixed Use Rural (MU-2). It is also permitted with a Conditional Use Permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.3.2.3Tiny houses or moveable tiny houses in a tiny house village shall not be rented for periods of less than thirty (30) days in duration.
62.3.2.4 Household Pets. No more than two (2) household pets per unit.
62.3.3 DEVELOPMENT STANDARDS ¶
Tiny house villages are subject to the following development standards:
62.3.3.1 Water and Wastewater. In tiny house villages within urban service areas, tiny houses and moveable tiny houses shall connect to public water and wastewater systems where those services are available. Where connection to public water or wastewater system is not available, tiny house villages will require approval of a special permit, and shall be served by on-site water and wastewater treatment that meets County Code and State requirements.
62.3.3.2 Energy. Tiny house villages shall be located on a property with connection to grid power or have a permitted renewable power source.
62.3.3.3 Access. Tiny house villages shall be located on a Category 4 road and have a minimum of a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safe regulations.
62.3.3.4 Addresses. Each individual unit of a tiny house village shall have an assigned address in concurrence with building permit issuance.
62.3.3.5 Parking. A minimum of one (1) car parking space for every two (2) units on the site and not more than one (1) car parking space per unit shall be provided when the following requirements are met:
62.3.3.5.1The tiny house village is within one half (1/2) mile of a bus stop, and
62.3.3.5.2A minimum of one (1) secure bicycle locker is provided for every two (2) units on the site.
62.3.3.6 Waste Removal. ¶
62.3.3.6.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.3.3.6.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.3.3.6.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.3.3.7 Common Areas and Open Space. A minimum area of one thousand five hundred (1,500) contiguous square feet (with a minimum dimension of thirty (30) feet) per acre of tiny house village shall be provided and improved for open space to be used for shared lawn, outdoor seating and garden space. This shall not include required setbacks or patio areas, and a maximum of twenty-five percent (25%) of this area can be used to create common buildings for recreation, workspace, or storage.
62.3.3.8 Privacy. Units shall not be designed or placed so that a window of one (1) unit would provide a direct view into a neighboring unit resulting in a loss of privacy.
62.3.4 DEVELOPMENT STANDARDS FOR MOVEABLE TINY HOUSES ¶
Moveable tiny houses in a tiny house village are subject to the following development standards:
62.3.4.1 Foundation or Alternative Pad Standards.
62.3.4.1.1If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a movable tiny house shall follow the State approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
62.3.4.1.2If the wheels are not removed, the pad for the moveable tiny house shall include a compacted structural base capable of supporting the weight of the moveable tiny house.
62.3.4.2 Design Standards. Moveable tiny houses must comply with all of the following design elements:
62.3.4.2.1Exterior materials shall be non-reflective; except the areas used for windows.
62.3.4.2.2Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim.
62.3.4.2.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area.
62.3.4.2.4The unit shall be plumbed to allow connection to an approved means of sewage disposal. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
62.3.4.2.5A moveable tiny house connecting to a source of electrical power shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations. (Ord. 2743a, § 2, 8/20/2024) Your Selections
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Dependent unit villages allow for multiple dependent sleeping units which are not fully equipped with a kitchen area, toilet or sewage disposal system. Separate on-site common facilities including, but not limited to, a shared kitchen area, a shared bathroom and sanitary facilities supporting the dependent sleeping units are required. Dependent unit villages are subject to limitations of the site and shall comply with California Residential Building Code.
62.4.1 TYPES AND NUMBER OF STRUCTURES ¶
Groups of three (3) or more dependent sleeping units on one (1) parcel with common facilities. The number of units is subject to limitations of the site, shall not exceed a density greater than allowed by the General Plan for residential zones, or thirty (30) units per acre for nonresidential zones, and all structures must comply with California Residential Building Code.
62.4.2 GENERAL PROVISIONS ¶
62.4.2.1 Zones Where Dependent Unit Villages Are Principally Permitted. Dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1), Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH). A special permit may otherwise be required in Section 62.3.3 for Development Standards or other HCC.
62.4.2.2 Conditionally Permitted Dependent Unit Villages. A dependent unit village that meets the requirements of this section is permitted with a conditional use permit in Industrial Commercial (C-3), and Mixed Use Rural (MU-2). It is also permitted with a conditional use permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.4.2.3Dependent sleeping units in a dependent unit village shall not be rented for periods of less than thirty (30) days in duration.
62.4.2.4Dependent unit villages shall have a property manager responsible for providing routine maintenance to the common facilities; common facilities shall be maintained in a safe and sanitary condition, and free from vermin, vectors, and other matter of an infectious or contagious nature.
62.4.2.5 Household Pets. No more than two (2) household pets per unit.
62.4.3 DEVELOPMENT STANDARDS ¶
Dependent unit villages are subject to the following development standards, in addition to Section 62.3.3; and when a dependent sleeping unit is a moveable tiny house, Section 62.3.4 development standards shall apply to those sleeping units.
62.4.3.1 Common Facilities. Dependent unit villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water.
62.4.3.1.1A separate kitchen area shall be equipped and maintained as a common use kitchen. Refrigerated storage shall be provided for safe storage of food.
62.4.3.1.2 Kitchen Facilities. Kitchen facilities and/or food service shall be provided in one (1) of the following ways:
62.4.3.1.2.1(a) Common Use Kitchen. Kitchen facilities available for residents’ common use providing the following amenities:
iA locking cabinet with a minimum of six (6) cubic feet of dry food storage area for every unit.
iiOne (1) residential kitchen with sink, counter space, stove top, oven, microwave and refrigerator for every eight (8) units.
62.4.3.1.2.1(b) Service Kitchens. In dependent unit villages where food service is provided, a separate kitchen area shall be equipped and maintained as a service kitchen. Sufficient dry cabinet space and refrigerated storage shall be provided for safe storage of food. (Ord. 2743a, § 2, 8/20/2024)
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Dependent unit villages allow for multiple dependent sleeping units which are not fully equipped with a kitchen area, toilet or sewage disposal system. Separate on-site common facilities including, but not limited to, a shared kitchen area, a shared bathroom and sanitary facilities supporting the dependent sleeping units are required. Dependent unit villages are subject to limitations of the site and shall comply with California Residential Building Code.
62.4.1 TYPES AND NUMBER OF STRUCTURES ¶
Groups of three (3) or more dependent sleeping units on one (1) parcel with common facilities. The number of units is subject to limitations of the site, shall not exceed a density greater than allowed by the General Plan for residential zones, or thirty (30) units per acre for nonresidential zones, and all structures must comply with California Residential Building Code.
62.4.2 GENERAL PROVISIONS ¶
62.4.2.1 Zones Where Dependent Unit Villages Are Principally Permitted. Dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1), Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH). A special permit may otherwise be required in Section 62.3.3 for Development Standards or other HCC.
62.4.2.2 Conditionally Permitted Dependent Unit Villages. A dependent unit village that meets the requirements of this section is permitted with a conditional use permit in Industrial Commercial (C-3), and Mixed Use Rural (MU-2). It is also permitted with a conditional use permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.4.2.3Dependent sleeping units in a dependent unit village shall not be rented for periods of less than thirty (30) days in duration.
62.4.2.4Dependent unit villages shall have a property manager responsible for providing routine maintenance to the common facilities; common facilities shall be maintained in a safe and sanitary condition, and free from vermin, vectors, and other matter of an infectious or contagious nature.
62.4.2.5 Household Pets. No more than two (2) household pets per unit.
62.4.3 DEVELOPMENT STANDARDS ¶
Dependent unit villages are subject to the following development standards, in addition to Section 62.3.3; and when a dependent sleeping unit is a moveable tiny house, Section 62.3.4 development standards shall apply to those sleeping units.
62.4.3.1 Common Facilities. Dependent unit villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water.
62.4.3.1.1A separate kitchen area shall be equipped and maintained as a common use kitchen. Refrigerated storage shall be provided for safe storage of food.
62.4.3.1.2 Kitchen Facilities. Kitchen facilities and/or food service shall be provided in one (1) of the following ways:
62.4.3.1.2.1(a) Common Use Kitchen. Kitchen facilities available for residents’ common use providing the following amenities:
iA locking cabinet with a minimum of six (6) cubic feet of dry food storage area for every unit.
iiOne (1) residential kitchen with sink, counter space, stove top, oven, microwave and refrigerator for every eight (8) units.
62.4.3.1.2.1(b) Service Kitchens. In dependent unit villages where food service is provided, a separate kitchen area shall be equipped and maintained as a service kitchen. Sufficient dry cabinet space and refrigerated storage shall be provided for safe storage of food. (Ord. 2743a, § 2, 8/20/2024)
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Dependent unit villages allow for multiple dependent sleeping units which are not fully equipped with a kitchen area, toilet or sewage disposal system. Separate on-site common facilities including, but not limited to, a shared kitchen area, a shared bathroom and sanitary facilities supporting the dependent sleeping units are required. Dependent unit villages are subject to limitations of the site and shall comply with California Residential Building Code.
62.4.1 TYPES AND NUMBER OF STRUCTURES ¶
Groups of three (3) or more dependent sleeping units on one (1) parcel with common facilities. The number of units is subject to limitations of the site, shall not exceed a density greater than allowed by the General Plan for residential zones, or thirty (30) units per acre for nonresidential zones, and all structures must comply with California Residential Building Code.
62.4.2 GENERAL PROVISIONS ¶
62.4.2.1 Zones Where Dependent Unit Villages Are Principally Permitted. Dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1), Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH). A special permit may otherwise be required in Section 62.3.3 for Development Standards or other HCC.
62.4.2.2 Conditionally Permitted Dependent Unit Villages. A dependent unit village that meets the requirements of this section is permitted with a conditional use permit in Industrial Commercial (C-3), and Mixed Use Rural (MU-2). It is also permitted with a conditional use permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.4.2.3Dependent sleeping units in a dependent unit village shall not be rented for periods of less than thirty (30) days in duration.
62.4.2.4Dependent unit villages shall have a property manager responsible for providing routine maintenance to the common facilities; common facilities shall be maintained in a safe and sanitary condition, and free from vermin, vectors, and other matter of an infectious or contagious nature.
62.4.2.5 Household Pets. No more than two (2) household pets per unit.
62.4.3 DEVELOPMENT STANDARDS ¶
Dependent unit villages are subject to the following development standards, in addition to Section 62.3.3; and when a dependent sleeping unit is a moveable tiny house, Section 62.3.4 development standards shall apply to those sleeping units.
62.4.3.1 Common Facilities. Dependent unit villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water.
62.4.3.1.1A separate kitchen area shall be equipped and maintained as a common use kitchen. Refrigerated storage shall be provided for safe storage of food.
62.4.3.1.2 Kitchen Facilities. Kitchen facilities and/or food service shall be provided in one (1) of the following ways:
62.4.3.1.2.1(a) Common Use Kitchen. Kitchen facilities available for residents’ common use providing the following amenities:
iA locking cabinet with a minimum of six (6) cubic feet of dry food storage area for every unit.
iiOne (1) residential kitchen with sink, counter space, stove top, oven, microwave and refrigerator for every eight (8) units.
62.4.3.1.2.1(b) Service Kitchens. In dependent unit villages where food service is provided, a separate kitchen area shall be equipped and maintained as a service kitchen. Sufficient dry cabinet space and refrigerated storage shall be provided for safe storage of food. (Ord. 2743a, § 2, 8/20/2024)
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Dependent unit villages allow for multiple dependent sleeping units which are not fully equipped with a kitchen area, toilet or sewage disposal system. Separate on-site common facilities including, but not limited to, a shared kitchen area, a shared bathroom and sanitary facilities supporting the dependent sleeping units are required. Dependent unit villages are subject to limitations of the site and shall comply with California Residential Building Code.
62.4.1 TYPES AND NUMBER OF STRUCTURES ¶
Groups of three (3) or more dependent sleeping units on one (1) parcel with common facilities. The number of units is subject to limitations of the site, shall not exceed a density greater than allowed by the General Plan for residential zones, or thirty (30) units per acre for nonresidential zones, and all structures must comply with California Residential Building Code.
62.4.2 GENERAL PROVISIONS ¶
62.4.2.1 Zones Where Dependent Unit Villages Are Principally Permitted. Dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Unclassified (U) with a land use designation of Residential-Medium Density (RM) or Residential-Low Density (RL) at a density no greater than allowed by the General Plan or as may be modified by a combining zone, Mixed Use Urban (MU-1), Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH). A special permit may otherwise be required in Section 62.3.3 for Development Standards or other HCC.
62.4.2.2 Conditionally Permitted Dependent Unit Villages. A dependent unit village that meets the requirements of this section is permitted with a conditional use permit in Industrial Commercial (C-3), and Mixed Use Rural (MU-2). It is also permitted with a conditional use permit in Unclassified (U), Residential Suburban (RS), and Residential Two Family (R-2), at a density no greater than allowed by the General Plan or as may be modified by a combining zone.
62.4.2.3Dependent sleeping units in a dependent unit village shall not be rented for periods of less than thirty (30) days in duration.
62.4.2.4Dependent unit villages shall have a property manager responsible for providing routine maintenance to the common facilities; common facilities shall be maintained in a safe and sanitary condition, and free from vermin, vectors, and other matter of an infectious or contagious nature.
62.4.2.5 Household Pets. No more than two (2) household pets per unit.
62.4.3 DEVELOPMENT STANDARDS ¶
Dependent unit villages are subject to the following development standards, in addition to Section 62.3.3; and when a dependent sleeping unit is a moveable tiny house, Section 62.3.4 development standards shall apply to those sleeping units.
62.4.3.1 Common Facilities. Dependent unit villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water.
62.4.3.1.1A separate kitchen area shall be equipped and maintained as a common use kitchen. Refrigerated storage shall be provided for safe storage of food.
62.4.3.1.2 Kitchen Facilities. Kitchen facilities and/or food service shall be provided in one (1) of the following ways:
62.4.3.1.2.1(a) Common Use Kitchen. Kitchen facilities available for residents’ common use providing the following amenities:
iA locking cabinet with a minimum of six (6) cubic feet of dry food storage area for every unit.
iiOne (1) residential kitchen with sink, counter space, stove top, oven, microwave and refrigerator for every eight (8) units.
62.4.3.1.2.1(b) Service Kitchens. In dependent unit villages where food service is provided, a separate kitchen area shall be equipped and maintained as a service kitchen. Sufficient dry cabinet space and refrigerated storage shall be provided for safe storage of food. (Ord. 2743a, § 2, 8/20/2024)
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The purpose of these regulations is to allow a broad range of housing types for occupancy as emergency housing. This section allows for emergency housing villages including emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Chapter 7.8, Shelter Crisis, Section 8698.4 addressing emergency housing upon declaration of a shelter crisis. All units allowed under this section for emergency housing villages shall meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices, unless otherwise stated in this Code. All units that only meet the minimum building standards for emergency housing are only allowable during an active shelter crisis declaration.
62.5.1 APPLICABILITY ¶
This section applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis.
62.5.2 OPERATING STANDARDS ¶
Emergency housing villages shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
62.5.2.1No individual or household shall be denied shelter because of inability to pay.
62.5.3 DEVELOPMENT STANDARDS ¶
All emergency housing villages are subject to the following development standards:
62.5.3.1 Water and Wastewater. Emergency housing villages within urban service areas shall connect to public water and wastewater systems where those services are available.
62.5.3.2 Energy. The source of electricity may be connection to grid power, a renewable source of power or emergency generator.
62.5.3.3 Generator Use. A special permit is required when generator(s) are used to provide power for an emergency housing village. Generators shall be subject to the following criteria:
62.5.3.3.1The generator shall be placed within an enclosed fire-resistant structure capable of attenuating generator noise.
62.5.3.3.2Generator noise shall not result in a noise level of more than sixty (60) decibels at the property line.
62.5.3.3.3Fuel storage shall have secondary containment.
62.5.3.4 Access. Emergency housing villages shall be located on a Category 4 road and a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safety regulations.
62.5.3.5 Identification. Emergency housing spaces shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure.
62.5.3.6 Parking. There is no minimum parking requirement. ¶
62.5.3.7 Waste Removal. ¶
62.5.3.7.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.5.3.7.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.5.3.7.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.5.3.8 Common Facilities. Emergency housing villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water that meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing, and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices.
62.5.3.9 Fire Protection. Emergency housing villages shall be located within the boundaries of a fire protection district.
62.5.4 EMERGENCY DEPENDENT UNIT VILLAGES ¶
Emergency dependent unit villages allow for emergency sleeping cabins, which are not equipped with a kitchen area, toilet, and sewage disposal system. Emergency sleeping cabins in emergency dependent unit villages shall meet the minimum requirements of the California Building Code, Appendix P104, Emergency Sleeping Cabins, and California Residential Code, Appendix AZ104, Emergency Sleeping Cabins, or subsequent appendices, unless otherwise stated in this section.
62.5.4.1 Types and Number of Structures. Groups of three (3) or more emergency sleeping cabins as emergency housing in an emergency dependent unit village.
62.5.4.2 General Provisions. ¶
62.5.4.2.1 Zones Where Emergency Dependent Unit Villages are Principally Permitted. Emergency dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Mixed Use Urban (MU-1) Zones, Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH), except where a special permit is otherwise required in subsection 62.5.3 of this section for development standards.
62.5.4.2.2 Conditionally Permitted Emergency Dependent Unit Villages. Emergency dependent unit villages that meet the requirements of this section are permitted with a conditional use permit in Mixed Use Rural (MU-2); Industrial Commercial (C-3); Limited Industrial (ML); Heavy Industrial (MH); and Unclassified (U) with a land use designation of Residential-Medium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.4.3 Development Standards. Emergency dependent unit villages are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.4.3.1 The placement pad for an emergency sleeping cabin shall include a compacted structural base capable of supporting the weight of the emergency sleeping cabin.
62.5.5 ALTERNATIVE LODGE PARKS ¶
Alternative lodge parks will provide spaces for occupancy that are flexible, allowing a broad range of housing types. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses, and moveable tiny houses.
62.5.5.1 Types and Number of Structures. A combination of a minimum of two (2) sleeping units as emergency housing on a single parcel under one ownership. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses and moveable tiny houses. The maximum number of units per acre for any alternative lodge park will be determined by the Planning Commission based on site conditions.
62.5.5.2 General Provisions. ¶
62.5.5.2.1 Conditionally Permitted Alternative Lodge Parks. An alternative lodge park that meets the requirements of this section is permitted with a conditional use permit in Residential Multiple Family (R-3); Apartment Professional (R-4); Neighborhood Commercial (C-1), Community Commercial (C-2); Industrial Commercial (C-3); Highway Service Commercial (CH); Mixed Use Rural (MU-2); Limited Industrial (ML); Heavy Industrial (MH) Zones; and Unclassified (U) with a land use designation of ResidentialMedium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.5.3 Development Standards. Alternative lodge parks are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.5.3.1Spaces provided for sleeping units and internal circulation shall be sufficient space for ingress and egress for emergency access.
62.5.6 REMOVAL OF EMERGENCY HOUSING VILLAGE SITES ¶
In the case that the local shelter crisis declaration is no longer effective, it shall be the responsibility of the operator to clean up the site and remove all infrastructure that does not meet California Building Standards Code within one hundred eighty (180) days of the expiration date of the shelter crisis declaration. Any on-site wastewater treatment systems to be abandoned shall be destroyed. (Ord. 2742, § 2, 8/20/2024)
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The purpose of these regulations is to allow a broad range of housing types for occupancy as emergency housing. This section allows for emergency housing villages including emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Chapter 7.8, Shelter Crisis, Section 8698.4 addressing emergency housing upon declaration of a shelter crisis. All units allowed under this section for emergency housing villages shall meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices, unless otherwise stated in this Code. All units that only meet the minimum building standards for emergency housing are only allowable during an active shelter crisis declaration.
62.5.1 APPLICABILITY ¶
This section applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis.
62.5.2 OPERATING STANDARDS ¶
Emergency housing villages shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
62.5.2.1No individual or household shall be denied shelter because of inability to pay.
62.5.3 DEVELOPMENT STANDARDS ¶
All emergency housing villages are subject to the following development standards:
62.5.3.1 Water and Wastewater. Emergency housing villages within urban service areas shall connect to public water and wastewater systems where those services are available.
62.5.3.2 Energy. The source of electricity may be connection to grid power, a renewable source of power or emergency generator.
62.5.3.3 Generator Use. A special permit is required when generator(s) are used to provide power for an emergency housing village. Generators shall be subject to the following criteria:
62.5.3.3.1The generator shall be placed within an enclosed fire-resistant structure capable of attenuating generator noise.
62.5.3.3.2Generator noise shall not result in a noise level of more than sixty (60) decibels at the property line.
62.5.3.3.3Fuel storage shall have secondary containment.
62.5.3.4 Access. Emergency housing villages shall be located on a Category 4 road and a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safety regulations.
62.5.3.5 Identification. Emergency housing spaces shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure.
62.5.3.6 Parking. There is no minimum parking requirement. ¶
62.5.3.7 Waste Removal. ¶
62.5.3.7.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.5.3.7.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.5.3.7.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.5.3.8 Common Facilities. Emergency housing villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water that meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing, and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices.
62.5.3.9 Fire Protection. Emergency housing villages shall be located within the boundaries of a fire protection district.
62.5.4 EMERGENCY DEPENDENT UNIT VILLAGES ¶
Emergency dependent unit villages allow for emergency sleeping cabins, which are not equipped with a kitchen area, toilet, and sewage disposal system. Emergency sleeping cabins in emergency dependent unit villages shall meet the minimum requirements of the California Building Code, Appendix P104, Emergency Sleeping Cabins, and California Residential Code, Appendix AZ104, Emergency Sleeping Cabins, or subsequent appendices, unless otherwise stated in this section.
62.5.4.1 Types and Number of Structures. Groups of three (3) or more emergency sleeping cabins as emergency housing in an emergency dependent unit village.
62.5.4.2 General Provisions. ¶
62.5.4.2.1 Zones Where Emergency Dependent Unit Villages are Principally Permitted. Emergency dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Mixed Use Urban (MU-1) Zones, Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH), except where a special permit is otherwise required in subsection 62.5.3 of this section for development standards.
62.5.4.2.2 Conditionally Permitted Emergency Dependent Unit Villages. Emergency dependent unit villages that meet the requirements of this section are permitted with a conditional use permit in Mixed Use Rural (MU-2); Industrial Commercial (C-3); Limited Industrial (ML); Heavy Industrial (MH); and Unclassified (U) with a land use designation of Residential-Medium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.4.3 Development Standards. Emergency dependent unit villages are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.4.3.1 The placement pad for an emergency sleeping cabin shall include a compacted structural base capable of supporting the weight of the emergency sleeping cabin.
62.5.5 ALTERNATIVE LODGE PARKS ¶
Alternative lodge parks will provide spaces for occupancy that are flexible, allowing a broad range of housing types. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses, and moveable tiny houses.
62.5.5.1 Types and Number of Structures. A combination of a minimum of two (2) sleeping units as emergency housing on a single parcel under one ownership. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses and moveable tiny houses. The maximum number of units per acre for any alternative lodge park will be determined by the Planning Commission based on site conditions.
62.5.5.2 General Provisions. ¶
62.5.5.2.1 Conditionally Permitted Alternative Lodge Parks. An alternative lodge park that meets the requirements of this section is permitted with a conditional use permit in Residential Multiple Family (R-3); Apartment Professional (R-4); Neighborhood Commercial (C-1), Community Commercial (C-2); Industrial Commercial (C-3); Highway Service Commercial (CH); Mixed Use Rural (MU-2); Limited Industrial (ML); Heavy Industrial (MH) Zones; and Unclassified (U) with a land use designation of ResidentialMedium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.5.3 Development Standards. Alternative lodge parks are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.5.3.1Spaces provided for sleeping units and internal circulation shall be sufficient space for ingress and egress for emergency access.
62.5.6 REMOVAL OF EMERGENCY HOUSING VILLAGE SITES ¶
In the case that the local shelter crisis declaration is no longer effective, it shall be the responsibility of the operator to clean up the site and remove all infrastructure that does not meet California Building Standards Code within one hundred eighty (180) days of the expiration date of the shelter crisis declaration. Any on-site wastewater treatment systems to be abandoned shall be destroyed. (Ord. 2742, § 2, 8/20/2024)
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The purpose of these regulations is to allow a broad range of housing types for occupancy as emergency housing. This section allows for emergency housing villages including emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Chapter 7.8, Shelter Crisis, Section 8698.4 addressing emergency housing upon declaration of a shelter crisis. All units allowed under this section for emergency housing villages shall meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices, unless otherwise stated in this Code. All units that only meet the minimum building standards for emergency housing are only allowable during an active shelter crisis declaration.
62.5.1 APPLICABILITY ¶
This section applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis.
62.5.2 OPERATING STANDARDS ¶
Emergency housing villages shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
62.5.2.1No individual or household shall be denied shelter because of inability to pay.
62.5.3 DEVELOPMENT STANDARDS ¶
All emergency housing villages are subject to the following development standards:
62.5.3.1 Water and Wastewater. Emergency housing villages within urban service areas shall connect to public water and wastewater systems where those services are available.
62.5.3.2 Energy. The source of electricity may be connection to grid power, a renewable source of power or emergency generator.
62.5.3.3 Generator Use. A special permit is required when generator(s) are used to provide power for an emergency housing village. Generators shall be subject to the following criteria:
62.5.3.3.1The generator shall be placed within an enclosed fire-resistant structure capable of attenuating generator noise.
62.5.3.3.2Generator noise shall not result in a noise level of more than sixty (60) decibels at the property line.
62.5.3.3.3Fuel storage shall have secondary containment.
62.5.3.4 Access. Emergency housing villages shall be located on a Category 4 road and a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safety regulations.
62.5.3.5 Identification. Emergency housing spaces shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure.
62.5.3.6 Parking. There is no minimum parking requirement. ¶
62.5.3.7 Waste Removal. ¶
62.5.3.7.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.5.3.7.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.5.3.7.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.5.3.8 Common Facilities. Emergency housing villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water that meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing, and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices.
62.5.3.9 Fire Protection. Emergency housing villages shall be located within the boundaries of a fire protection district.
62.5.4 EMERGENCY DEPENDENT UNIT VILLAGES ¶
Emergency dependent unit villages allow for emergency sleeping cabins, which are not equipped with a kitchen area, toilet, and sewage disposal system. Emergency sleeping cabins in emergency dependent unit villages shall meet the minimum requirements of the California Building Code, Appendix P104, Emergency Sleeping Cabins, and California Residential Code, Appendix AZ104, Emergency Sleeping Cabins, or subsequent appendices, unless otherwise stated in this section.
62.5.4.1 Types and Number of Structures. Groups of three (3) or more emergency sleeping cabins as emergency housing in an emergency dependent unit village.
62.5.4.2 General Provisions. ¶
62.5.4.2.1 Zones Where Emergency Dependent Unit Villages are Principally Permitted. Emergency dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Mixed Use Urban (MU-1) Zones, Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH), except where a special permit is otherwise required in subsection 62.5.3 of this section for development standards.
62.5.4.2.2 Conditionally Permitted Emergency Dependent Unit Villages. Emergency dependent unit villages that meet the requirements of this section are permitted with a conditional use permit in Mixed Use Rural (MU-2); Industrial Commercial (C-3); Limited Industrial (ML); Heavy Industrial (MH); and Unclassified (U) with a land use designation of Residential-Medium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.4.3 Development Standards. Emergency dependent unit villages are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.4.3.1 The placement pad for an emergency sleeping cabin shall include a compacted structural base capable of supporting the weight of the emergency sleeping cabin.
62.5.5 ALTERNATIVE LODGE PARKS ¶
Alternative lodge parks will provide spaces for occupancy that are flexible, allowing a broad range of housing types. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses, and moveable tiny houses.
62.5.5.1 Types and Number of Structures. A combination of a minimum of two (2) sleeping units as emergency housing on a single parcel under one ownership. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses and moveable tiny houses. The maximum number of units per acre for any alternative lodge park will be determined by the Planning Commission based on site conditions.
62.5.5.2 General Provisions. ¶
62.5.5.2.1 Conditionally Permitted Alternative Lodge Parks. An alternative lodge park that meets the requirements of this section is permitted with a conditional use permit in Residential Multiple Family (R-3); Apartment Professional (R-4); Neighborhood Commercial (C-1), Community Commercial (C-2); Industrial Commercial (C-3); Highway Service Commercial (CH); Mixed Use Rural (MU-2); Limited Industrial (ML); Heavy Industrial (MH) Zones; and Unclassified (U) with a land use designation of ResidentialMedium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.5.3 Development Standards. Alternative lodge parks are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.5.3.1Spaces provided for sleeping units and internal circulation shall be sufficient space for ingress and egress for emergency access.
62.5.6 REMOVAL OF EMERGENCY HOUSING VILLAGE SITES ¶
In the case that the local shelter crisis declaration is no longer effective, it shall be the responsibility of the operator to clean up the site and remove all infrastructure that does not meet California Building Standards Code within one hundred eighty (180) days of the expiration date of the shelter crisis declaration. Any on-site wastewater treatment systems to be abandoned shall be destroyed. (Ord. 2742, § 2, 8/20/2024)
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The purpose of these regulations is to allow a broad range of housing types for occupancy as emergency housing. This section allows for emergency housing villages including emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Chapter 7.8, Shelter Crisis, Section 8698.4 addressing emergency housing upon declaration of a shelter crisis. All units allowed under this section for emergency housing villages shall meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices, unless otherwise stated in this Code. All units that only meet the minimum building standards for emergency housing are only allowable during an active shelter crisis declaration.
62.5.1 APPLICABILITY ¶
This section applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis.
62.5.2 OPERATING STANDARDS ¶
Emergency housing villages shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
62.5.2.1No individual or household shall be denied shelter because of inability to pay.
62.5.3 DEVELOPMENT STANDARDS ¶
All emergency housing villages are subject to the following development standards:
62.5.3.1 Water and Wastewater. Emergency housing villages within urban service areas shall connect to public water and wastewater systems where those services are available.
62.5.3.2 Energy. The source of electricity may be connection to grid power, a renewable source of power or emergency generator.
62.5.3.3 Generator Use. A special permit is required when generator(s) are used to provide power for an emergency housing village. Generators shall be subject to the following criteria:
62.5.3.3.1The generator shall be placed within an enclosed fire-resistant structure capable of attenuating generator noise.
62.5.3.3.2Generator noise shall not result in a noise level of more than sixty (60) decibels at the property line.
62.5.3.3.3Fuel storage shall have secondary containment.
62.5.3.4 Access. Emergency housing villages shall be located on a Category 4 road and a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safety regulations.
62.5.3.5 Identification. Emergency housing spaces shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure.
62.5.3.6 Parking. There is no minimum parking requirement. ¶
62.5.3.7 Waste Removal. ¶
62.5.3.7.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.5.3.7.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.5.3.7.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.5.3.8 Common Facilities. Emergency housing villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water that meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing, and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices.
62.5.3.9 Fire Protection. Emergency housing villages shall be located within the boundaries of a fire protection district.
62.5.4 EMERGENCY DEPENDENT UNIT VILLAGES ¶
Emergency dependent unit villages allow for emergency sleeping cabins, which are not equipped with a kitchen area, toilet, and sewage disposal system. Emergency sleeping cabins in emergency dependent unit villages shall meet the minimum requirements of the California Building Code, Appendix P104, Emergency Sleeping Cabins, and California Residential Code, Appendix AZ104, Emergency Sleeping Cabins, or subsequent appendices, unless otherwise stated in this section.
62.5.4.1 Types and Number of Structures. Groups of three (3) or more emergency sleeping cabins as emergency housing in an emergency dependent unit village.
62.5.4.2 General Provisions. ¶
62.5.4.2.1 Zones Where Emergency Dependent Unit Villages are Principally Permitted. Emergency dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Mixed Use Urban (MU-1) Zones, Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH), except where a special permit is otherwise required in subsection 62.5.3 of this section for development standards.
62.5.4.2.2 Conditionally Permitted Emergency Dependent Unit Villages. Emergency dependent unit villages that meet the requirements of this section are permitted with a conditional use permit in Mixed Use Rural (MU-2); Industrial Commercial (C-3); Limited Industrial (ML); Heavy Industrial (MH); and Unclassified (U) with a land use designation of Residential-Medium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.4.3 Development Standards. Emergency dependent unit villages are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.4.3.1 The placement pad for an emergency sleeping cabin shall include a compacted structural base capable of supporting the weight of the emergency sleeping cabin.
62.5.5 ALTERNATIVE LODGE PARKS ¶
Alternative lodge parks will provide spaces for occupancy that are flexible, allowing a broad range of housing types. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses, and moveable tiny houses.
62.5.5.1 Types and Number of Structures. A combination of a minimum of two (2) sleeping units as emergency housing on a single parcel under one ownership. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses and moveable tiny houses. The maximum number of units per acre for any alternative lodge park will be determined by the Planning Commission based on site conditions.
62.5.5.2 General Provisions. ¶
62.5.5.2.1 Conditionally Permitted Alternative Lodge Parks. An alternative lodge park that meets the requirements of this section is permitted with a conditional use permit in Residential Multiple Family (R-3); Apartment Professional (R-4); Neighborhood Commercial (C-1), Community Commercial (C-2); Industrial Commercial (C-3); Highway Service Commercial (CH); Mixed Use Rural (MU-2); Limited Industrial (ML); Heavy Industrial (MH) Zones; and Unclassified (U) with a land use designation of ResidentialMedium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.5.3 Development Standards. Alternative lodge parks are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.5.3.1Spaces provided for sleeping units and internal circulation shall be sufficient space for ingress and egress for emergency access.
62.5.6 REMOVAL OF EMERGENCY HOUSING VILLAGE SITES ¶
In the case that the local shelter crisis declaration is no longer effective, it shall be the responsibility of the operator to clean up the site and remove all infrastructure that does not meet California Building Standards Code within one hundred eighty (180) days of the expiration date of the shelter crisis declaration. Any on-site wastewater treatment systems to be abandoned shall be destroyed. (Ord. 2742, § 2, 8/20/2024)
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The purpose of these regulations is to allow a broad range of housing types for occupancy as emergency housing. This section allows for emergency housing villages including emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Chapter 7.8, Shelter Crisis, Section 8698.4 addressing emergency housing upon declaration of a shelter crisis. All units allowed under this section for emergency housing villages shall meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices, unless otherwise stated in this Code. All units that only meet the minimum building standards for emergency housing are only allowable during an active shelter crisis declaration.
62.5.1 APPLICABILITY ¶
This section applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis.
62.5.2 OPERATING STANDARDS ¶
Emergency housing villages shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
62.5.2.1No individual or household shall be denied shelter because of inability to pay.
62.5.3 DEVELOPMENT STANDARDS ¶
All emergency housing villages are subject to the following development standards:
62.5.3.1 Water and Wastewater. Emergency housing villages within urban service areas shall connect to public water and wastewater systems where those services are available.
62.5.3.2 Energy. The source of electricity may be connection to grid power, a renewable source of power or emergency generator.
62.5.3.3 Generator Use. A special permit is required when generator(s) are used to provide power for an emergency housing village. Generators shall be subject to the following criteria:
62.5.3.3.1The generator shall be placed within an enclosed fire-resistant structure capable of attenuating generator noise.
62.5.3.3.2Generator noise shall not result in a noise level of more than sixty (60) decibels at the property line.
62.5.3.3.3Fuel storage shall have secondary containment.
62.5.3.4 Access. Emergency housing villages shall be located on a Category 4 road and a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safety regulations.
62.5.3.5 Identification. Emergency housing spaces shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure.
62.5.3.6 Parking. There is no minimum parking requirement. ¶
62.5.3.7 Waste Removal. ¶
62.5.3.7.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.5.3.7.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.5.3.7.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.5.3.8 Common Facilities. Emergency housing villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water that meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing, and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices.
62.5.3.9 Fire Protection. Emergency housing villages shall be located within the boundaries of a fire protection district.
62.5.4 EMERGENCY DEPENDENT UNIT VILLAGES ¶
Emergency dependent unit villages allow for emergency sleeping cabins, which are not equipped with a kitchen area, toilet, and sewage disposal system. Emergency sleeping cabins in emergency dependent unit villages shall meet the minimum requirements of the California Building Code, Appendix P104, Emergency Sleeping Cabins, and California Residential Code, Appendix AZ104, Emergency Sleeping Cabins, or subsequent appendices, unless otherwise stated in this section.
62.5.4.1 Types and Number of Structures. Groups of three (3) or more emergency sleeping cabins as emergency housing in an emergency dependent unit village.
62.5.4.2 General Provisions. ¶
62.5.4.2.1 Zones Where Emergency Dependent Unit Villages are Principally Permitted. Emergency dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Mixed Use Urban (MU-1) Zones, Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH), except where a special permit is otherwise required in subsection 62.5.3 of this section for development standards.
62.5.4.2.2 Conditionally Permitted Emergency Dependent Unit Villages. Emergency dependent unit villages that meet the requirements of this section are permitted with a conditional use permit in Mixed Use Rural (MU-2); Industrial Commercial (C-3); Limited Industrial (ML); Heavy Industrial (MH); and Unclassified (U) with a land use designation of Residential-Medium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.4.3 Development Standards. Emergency dependent unit villages are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.4.3.1 The placement pad for an emergency sleeping cabin shall include a compacted structural base capable of supporting the weight of the emergency sleeping cabin.
62.5.5 ALTERNATIVE LODGE PARKS ¶
Alternative lodge parks will provide spaces for occupancy that are flexible, allowing a broad range of housing types. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses, and moveable tiny houses.
62.5.5.1 Types and Number of Structures. A combination of a minimum of two (2) sleeping units as emergency housing on a single parcel under one ownership. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses and moveable tiny houses. The maximum number of units per acre for any alternative lodge park will be determined by the Planning Commission based on site conditions.
62.5.5.2 General Provisions. ¶
62.5.5.2.1 Conditionally Permitted Alternative Lodge Parks. An alternative lodge park that meets the requirements of this section is permitted with a conditional use permit in Residential Multiple Family (R-3); Apartment Professional (R-4); Neighborhood Commercial (C-1), Community Commercial (C-2); Industrial Commercial (C-3); Highway Service Commercial (CH); Mixed Use Rural (MU-2); Limited Industrial (ML); Heavy Industrial (MH) Zones; and Unclassified (U) with a land use designation of ResidentialMedium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.5.3 Development Standards. Alternative lodge parks are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.5.3.1Spaces provided for sleeping units and internal circulation shall be sufficient space for ingress and egress for emergency access.
62.5.6 REMOVAL OF EMERGENCY HOUSING VILLAGE SITES ¶
In the case that the local shelter crisis declaration is no longer effective, it shall be the responsibility of the operator to clean up the site and remove all infrastructure that does not meet California Building Standards Code within one hundred eighty (180) days of the expiration date of the shelter crisis declaration. Any on-site wastewater treatment systems to be abandoned shall be destroyed. (Ord. 2742, § 2, 8/20/2024)
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The purpose of these regulations is to allow a broad range of housing types for occupancy as emergency housing. This section allows for emergency housing villages including emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Chapter 7.8, Shelter Crisis, Section 8698.4 addressing emergency housing upon declaration of a shelter crisis. All units allowed under this section for emergency housing villages shall meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices, unless otherwise stated in this Code. All units that only meet the minimum building standards for emergency housing are only allowable during an active shelter crisis declaration.
62.5.1 APPLICABILITY ¶
This section applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis.
62.5.2 OPERATING STANDARDS ¶
Emergency housing villages shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
62.5.2.1No individual or household shall be denied shelter because of inability to pay.
62.5.3 DEVELOPMENT STANDARDS ¶
All emergency housing villages are subject to the following development standards:
62.5.3.1 Water and Wastewater. Emergency housing villages within urban service areas shall connect to public water and wastewater systems where those services are available.
62.5.3.2 Energy. The source of electricity may be connection to grid power, a renewable source of power or emergency generator.
62.5.3.3 Generator Use. A special permit is required when generator(s) are used to provide power for an emergency housing village. Generators shall be subject to the following criteria:
62.5.3.3.1The generator shall be placed within an enclosed fire-resistant structure capable of attenuating generator noise.
62.5.3.3.2Generator noise shall not result in a noise level of more than sixty (60) decibels at the property line.
62.5.3.3.3Fuel storage shall have secondary containment.
62.5.3.4 Access. Emergency housing villages shall be located on a Category 4 road and a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safety regulations.
62.5.3.5 Identification. Emergency housing spaces shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure.
62.5.3.6 Parking. There is no minimum parking requirement. ¶
62.5.3.7 Waste Removal. ¶
62.5.3.7.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.5.3.7.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.5.3.7.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.5.3.8 Common Facilities. Emergency housing villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water that meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing, and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices.
62.5.3.9 Fire Protection. Emergency housing villages shall be located within the boundaries of a fire protection district.
62.5.4 EMERGENCY DEPENDENT UNIT VILLAGES ¶
Emergency dependent unit villages allow for emergency sleeping cabins, which are not equipped with a kitchen area, toilet, and sewage disposal system. Emergency sleeping cabins in emergency dependent unit villages shall meet the minimum requirements of the California Building Code, Appendix P104, Emergency Sleeping Cabins, and California Residential Code, Appendix AZ104, Emergency Sleeping Cabins, or subsequent appendices, unless otherwise stated in this section.
62.5.4.1 Types and Number of Structures. Groups of three (3) or more emergency sleeping cabins as emergency housing in an emergency dependent unit village.
62.5.4.2 General Provisions. ¶
62.5.4.2.1 Zones Where Emergency Dependent Unit Villages are Principally Permitted. Emergency dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Mixed Use Urban (MU-1) Zones, Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH), except where a special permit is otherwise required in subsection 62.5.3 of this section for development standards.
62.5.4.2.2 Conditionally Permitted Emergency Dependent Unit Villages. Emergency dependent unit villages that meet the requirements of this section are permitted with a conditional use permit in Mixed Use Rural (MU-2); Industrial Commercial (C-3); Limited Industrial (ML); Heavy Industrial (MH); and Unclassified (U) with a land use designation of Residential-Medium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.4.3 Development Standards. Emergency dependent unit villages are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.4.3.1 The placement pad for an emergency sleeping cabin shall include a compacted structural base capable of supporting the weight of the emergency sleeping cabin.
62.5.5 ALTERNATIVE LODGE PARKS ¶
Alternative lodge parks will provide spaces for occupancy that are flexible, allowing a broad range of housing types. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses, and moveable tiny houses.
62.5.5.1 Types and Number of Structures. A combination of a minimum of two (2) sleeping units as emergency housing on a single parcel under one ownership. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses and moveable tiny houses. The maximum number of units per acre for any alternative lodge park will be determined by the Planning Commission based on site conditions.
62.5.5.2 General Provisions. ¶
62.5.5.2.1 Conditionally Permitted Alternative Lodge Parks. An alternative lodge park that meets the requirements of this section is permitted with a conditional use permit in Residential Multiple Family (R-3); Apartment Professional (R-4); Neighborhood Commercial (C-1), Community Commercial (C-2); Industrial Commercial (C-3); Highway Service Commercial (CH); Mixed Use Rural (MU-2); Limited Industrial (ML); Heavy Industrial (MH) Zones; and Unclassified (U) with a land use designation of ResidentialMedium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.5.3 Development Standards. Alternative lodge parks are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.5.3.1Spaces provided for sleeping units and internal circulation shall be sufficient space for ingress and egress for emergency access.
62.5.6 REMOVAL OF EMERGENCY HOUSING VILLAGE SITES ¶
In the case that the local shelter crisis declaration is no longer effective, it shall be the responsibility of the operator to clean up the site and remove all infrastructure that does not meet California Building Standards Code within one hundred eighty (180) days of the expiration date of the shelter crisis declaration. Any on-site wastewater treatment systems to be abandoned shall be destroyed. (Ord. 2742, § 2, 8/20/2024)
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The purpose of these regulations is to allow a broad range of housing types for occupancy as emergency housing. This section allows for emergency housing villages including emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Chapter 7.8, Shelter Crisis, Section 8698.4 addressing emergency housing upon declaration of a shelter crisis. All units allowed under this section for emergency housing villages shall meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices, unless otherwise stated in this Code. All units that only meet the minimum building standards for emergency housing are only allowable during an active shelter crisis declaration.
62.5.1 APPLICABILITY ¶
This section applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis.
62.5.2 OPERATING STANDARDS ¶
Emergency housing villages shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
62.5.2.1No individual or household shall be denied shelter because of inability to pay.
62.5.3 DEVELOPMENT STANDARDS ¶
All emergency housing villages are subject to the following development standards:
62.5.3.1 Water and Wastewater. Emergency housing villages within urban service areas shall connect to public water and wastewater systems where those services are available.
62.5.3.2 Energy. The source of electricity may be connection to grid power, a renewable source of power or emergency generator.
62.5.3.3 Generator Use. A special permit is required when generator(s) are used to provide power for an emergency housing village. Generators shall be subject to the following criteria:
62.5.3.3.1The generator shall be placed within an enclosed fire-resistant structure capable of attenuating generator noise.
62.5.3.3.2Generator noise shall not result in a noise level of more than sixty (60) decibels at the property line.
62.5.3.3.3Fuel storage shall have secondary containment.
62.5.3.4 Access. Emergency housing villages shall be located on a Category 4 road and a Category 2 driveway. The road and driveway shall have a minimum width of twenty (20) feet for fire safety regulations.
62.5.3.5 Identification. Emergency housing spaces shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure.
62.5.3.6 Parking. There is no minimum parking requirement. ¶
62.5.3.7 Waste Removal. ¶
62.5.3.7.1One (1) or more areas shall be set aside for enclosed trash and recycling containers. If a waste service is used, the areas must be directly accessible for garbage and recycling trucks.
62.5.3.7.2The property owner of record is responsible for the satisfactory removal of all refuse accumulated at the tiny house village by either (1) contracting with a franchised collector or (2) self-hauling and disposing of refuse created, without compensation, in a manner consistent with State requirements and Section 521-4.
62.5.3.7.3Green waste shall be addressed separately from the trash pickup and shall not go into the waste stream.
62.5.3.8 Common Facilities. Emergency housing villages shall provide on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water that meet the minimum requirements of the California Building Code (CBC), Appendix P, Emergency Housing, and California Residential Code (CRC), Appendix AZ, Emergency Housing, or subsequent appendices.
62.5.3.9 Fire Protection. Emergency housing villages shall be located within the boundaries of a fire protection district.
62.5.4 EMERGENCY DEPENDENT UNIT VILLAGES ¶
Emergency dependent unit villages allow for emergency sleeping cabins, which are not equipped with a kitchen area, toilet, and sewage disposal system. Emergency sleeping cabins in emergency dependent unit villages shall meet the minimum requirements of the California Building Code, Appendix P104, Emergency Sleeping Cabins, and California Residential Code, Appendix AZ104, Emergency Sleeping Cabins, or subsequent appendices, unless otherwise stated in this section.
62.5.4.1 Types and Number of Structures. Groups of three (3) or more emergency sleeping cabins as emergency housing in an emergency dependent unit village.
62.5.4.2 General Provisions. ¶
62.5.4.2.1 Zones Where Emergency Dependent Unit Villages are Principally Permitted. Emergency dependent unit villages are principally permitted in Residential Multiple Family (R-3), Apartment Professional (R-4), Mixed Use Urban (MU-1) Zones, Neighborhood Commercial (C-1), Community Commercial (C-2), and Highway Service Commercial (CH), except where a special permit is otherwise required in subsection 62.5.3 of this section for development standards.
62.5.4.2.2 Conditionally Permitted Emergency Dependent Unit Villages. Emergency dependent unit villages that meet the requirements of this section are permitted with a conditional use permit in Mixed Use Rural (MU-2); Industrial Commercial (C-3); Limited Industrial (ML); Heavy Industrial (MH); and Unclassified (U) with a land use designation of Residential-Medium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.4.3 Development Standards. Emergency dependent unit villages are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.4.3.1 The placement pad for an emergency sleeping cabin shall include a compacted structural base capable of supporting the weight of the emergency sleeping cabin.
62.5.5 ALTERNATIVE LODGE PARKS ¶
Alternative lodge parks will provide spaces for occupancy that are flexible, allowing a broad range of housing types. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses, and moveable tiny houses.
62.5.5.1 Types and Number of Structures. A combination of a minimum of two (2) sleeping units as emergency housing on a single parcel under one ownership. The range of allowable housing types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses and moveable tiny houses. The maximum number of units per acre for any alternative lodge park will be determined by the Planning Commission based on site conditions.
62.5.5.2 General Provisions. ¶
62.5.5.2.1 Conditionally Permitted Alternative Lodge Parks. An alternative lodge park that meets the requirements of this section is permitted with a conditional use permit in Residential Multiple Family (R-3); Apartment Professional (R-4); Neighborhood Commercial (C-1), Community Commercial (C-2); Industrial Commercial (C-3); Highway Service Commercial (CH); Mixed Use Rural (MU-2); Limited Industrial (ML); Heavy Industrial (MH) Zones; and Unclassified (U) with a land use designation of ResidentialMedium Density (RM), Commercial General (CG) or Commercial Services (CS).
62.5.5.3 Development Standards. Alternative lodge parks are required to meet the development standards in subsection 62.5.3 of this section in addition to the following:
62.5.5.3.1Spaces provided for sleeping units and internal circulation shall be sufficient space for ingress and egress for emergency access.
62.5.6 REMOVAL OF EMERGENCY HOUSING VILLAGE SITES ¶
In the case that the local shelter crisis declaration is no longer effective, it shall be the responsibility of the operator to clean up the site and remove all infrastructure that does not meet California Building Standards Code within one hundred eighty (180) days of the expiration date of the shelter crisis declaration. Any on-site wastewater treatment systems to be abandoned shall be destroyed. (Ord. 2742, § 2, 8/20/2024)
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69.05 ACCESSORY DWELLING UNITS ¶
69.05.1 Purpose and Findings. The provisions of this chapter are intended to set forth standards in accordance with State law for creation or conversion of at least one (1) accessory dwelling unit (ADU) per lot zoned to allow single-family or multifamily dwelling residential use. In addition, this section allows a Tiny House or Moveable Tiny House as defined in Sections 314-155 and 314-148 as an ADU when developed consistent with this section. An ADU does not exceed the allowable density for the lot on which it is located.
For purposes of this section, a junior accessory dwelling unit (JADU) is an attached unit that is no more than five hundred (500) square feet, contained entirely within a single-family structure, as defined in California Government Code Section 65852.22. JADUs are principally permitted in all areas where ADUs are principally permitted, and special rules apply as set forth in Section 31469.05.3.8.
69.05.2 Accessory Dwelling Units Generally Permitted. Accessory dwelling units may be principally permitted in any zone that allows single-family or multifamily dwelling residential use and includes a proposed or existing dwelling, if the General Provisions in Sections 314-69.05.3 are met, and the ADU meets the Development Regulations and Standards of Section 314-69.05.4.
ADUs may be excluded or may require a Special Permit in certain designated areas as described in Section 314-69.05.6, based on adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. Outside the ADU Special Permit Area, an ADU that cannot meet all the criteria in Section 314-69.05.4 may still be permitted with a Special Permit under certain circumstances.
The County shall act on a complete building permit application for an accessory dwelling unit within sixty (60) days from the date the completed application is received if there is an existing single-family or multifamily dwelling on the lot.
69.05.3 Provisions that Apply to All ADUs. The following provisions apply to all ADUs: ¶
69.05.3.1 One (1) or More ADUs per Lot. One (1) or more ADUs are permitted per lot developed or proposed to be developed with a single-family or multifamily dwelling, except for AE lots forty (40) acres or larger in size, where an ADU unrestricted in size may be allowed in addition to a main residence. Configurations with more than one (1) ADU are allowed in residential and mixed use zones, as described in Section 314-69.05.3.8.
69.05.3.2 Ownership. An ADU shall not be sold separately from the principal dwelling, except that Moveable Tiny Houses may be sold when removed from the lot.
69.05.3.3 Renting Permitted. The ADU may, but need not be, rented.
69.05.3.4 Short-Term Lodging Prohibited. The ADU shall not be rented for periods of thirty (30) days or less.
69.05.3.5 Building Type. The ADU may be within, attached to, or detached from, the existing or proposed principal residence and may be over a garage. An ADU may also be a Tiny House as defined in Section 314-155; a Moveable Tiny House as defined in Section 314148; or a manufactured home as defined in Section 18007 of the Health and Safety Code.
69.05.3.5.1 Manufactured Homes as Accessory Dwelling Units. A manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 is permitted as an ADU with a building permit on parcels where single-family residences are allowed. It may or may not be placed on a permanent foundation, but must meet building and zoning regulations, skirting requirements, and foundation or setup configurations as described in Section 314-81.1.1.3.
69.05.3.5.2 Tiny Houses and Moveable Tiny Houses as ADUs. A Tiny House as defined in Section 314-155 that meets all applicable building and development standards in this Code is deemed a single-family dwelling, and is allowed as an ADU. A Moveable Tiny House as defined in Section 314-148 that meets all applicable building and development standards in this Code, and meets the criteria in Section 314-69.05.5, is deemed a single-family dwelling and is allowed as an ADU.
69.05.3.6 Sewer and Water Service. All new ADUs within Urban Service Areas shall connect to public wastewater systems if wastewater treatment is available. Where wastewater treatment is not available, a private sanitation and/or water supply system must meet County Health Department requirements. Outside Urban Service Areas, sanitation facilities, plumbing, and water supply for the ADU, including any septic or waterless toilet systems used, shall comply with all applicable County Health Department requirements for sewage disposal and water supply.
69.05.3.7 Existing Single-Family Residence. Where one (1) single-family dwelling unit exists on a lot, a larger home may be constructed as the principal dwelling unit, and the existing unit treated as the ADU, provided all other development regulations and standards can be met for both units.
69.05.3.8 ADU and Junior Accessory Dwelling Unit (JADU) Configurations Within Residential and Mixed Use Zones. For purposes of this section, a junior accessory dwelling unit (JADU) is an attached unit contained within the footprint of a primary dwelling, as
defined in Government Code Section 65852.22. A building permit shall be ministerially approved for creation of any of the following, within a residential or mixed use zone:
69.05.3.8.1 ADU or JADU Within Existing Single-Family Structure. One (1) accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
69.05.3.8.1.1The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling, or within the existing space of a single-family dwelling or accessory structure, and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
69.05.3.8.1.2The ADU or JADU has separate exterior access from the proposed or existing single-family dwelling.
69.05.3.8.1.3The side and rear setbacks are sufficient for fire and safety as established either by the local fire authority, or by Fire Safe regulations if the site is within a State Responsibility Area for fire response.
69.05.3.8.1.4The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22 including a maximum size of five hundred (500) square feet floor area.
69.05.3.8.2 New Detached ADU. One detached, newly constructed accessory dwelling unit with minimum four (4) foot side and rear yard setbacks is allowed on a lot with a proposed or existing single-family dwelling. In addition to the detached accessory dwelling unit, one (1) JADU is allowed on the lot, if the JADU is within a single-family or accessory structure as described in Section 31469.05.3.8.1, and:
69.05.3.8.2.1The detached ADU contains no more than eight hundred (800) square feet of floor space, and its height is no more than sixteen (16) feet.
69.05.3.8.3 ADUs in Existing Multifamily Structures. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least one (1) accessory dwelling unit is allowed within an existing multifamily dwelling, and up to twenty-five percent (25%) of the existing multifamily dwelling units may be allowed.
69.05.3.8.4 Detached ADUs with Existing Multifamily Structures. Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling, subject to a height limit of sixteen (16) feet and four (4) foot rear yard and side setbacks.
69.05.4 Development Regulations, Standards, and Applicable Codes. The following development regulations and standards shall apply to all ADUs:
69.05.4.1 Utilities. Utilities may be shared in common with or separate from the main dwelling unit, whichever method may afford compliance with the applicable requirements of the County Code, including the currently effective versions of the Uniform Building Codes and Uniform Plumbing Codes, except that:
69.05.4.1.1 Connection and Capacity Fees. An accessory dwelling unit shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, except for water and sewer services as set forth in Section 31469.05.4.1.4, unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.2 Impact Fees. A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subsection, “impact fee” has the same meaning as the term “fee” as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
69.05.4.1.3 No New Connections in Existing Structures. No new or separate utility connection shall be required between the ADU and the utility, and no related connection fee or capacity charge shall be imposed if the ADU is contained within the existing space of a single-family residence or accessory structure and meets conditions in Section 314-69.05.3.8.1 unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.4 New Detached Units. For an accessory dwelling unit that is not contained within the existing space of a single-family residence or accessory structure or does not meet conditions in Section 314-69.05.3.8.1, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either size or the number of plumbing fixtures, its size in square feet or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
d accessory dwelling unit upon the water or sewer system, based upon either size or the number of plumbing fixtures, its size in square feet or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
69.05.4.1.5 Districts Under Moratoria or Compliance Orders. A service district, resort improvement district, or community service district that is under a moratorium on new connections, or under a compliance order for treatment issues, may not be compelled to provide water or sewer service for an accessory dwelling unit.
69.05.4.2 Building Site. The building site shall be shared in common with the proposed or existing primary residence. ADUs must meet local building code requirements that apply to detached dwellings, as appropriate. In areas zoned TPZ or AE, the curtilage area for residences, ADUs, driveways, utilities and associated residential accessory structures shall not exceed two acres per parcel and, where feasible, shall be located in the area of lowest agricultural productivity.
69.05.4.3 Total Floor Area. The total floor area of a detached ADU shall not exceed one thousand two hundred (1,200) square feet. If there is an existing primary residence, the total floor area of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the area of the existing primary residence or one thousand two hundred (1,200) square feet. The minimum floor area shall be one hundred fifty (150) square feet. Floor area includes all enclosed habitable living space but excludes sheds, garages and storage areas.
69.05.4.3.1ADUs that exceed one thousand two hundred (1,200) square feet or attached ADUs that exceed fifty percent (50%) of the area of the existing primary residence may be permitted with a Special Permit.
69.05.4.4 Sprinklers. Accessory dwelling units are not required to provide fire sprinklers if they are not required for the primary residence.
69.05.4.5 Setbacks. No setback shall be required for an ADU or a portion of an ADU, converted from an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure. A setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
69.05.4.6 Parking. Each ADU requires one (1) parking space. These spaces may be provided in tandem on a driveway. Off street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
69.05.4.6.1 Exceptions to Parking Standards. Parking standards for an ADU shall not apply if the ADU is (1) located within one-half mile walking distance of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.
69.05.4.7 No Frontage Improvements. No frontage improvements shall be required for ADUs. ¶
69.05.4.8 Height Limits. Height limits for accessory dwelling units and junior accessory dwelling units must allow at least sixteen (16) feet in height, in spite of the general height limit of fifteen (15) feet set by Section 314-102.1.
69.05.5 Moveable Tiny House as an ADU. In addition to the other provisions of this section, Movable Tiny Houses as defined in Section 314-148 used as ADUs shall comply with all of the following provisions:
69.05.5.1 Skirting. The undercarriage (wheels, axles, tongue and hitch) must be hidden from view.
69.05.5.2 Foundation or Pad.
69.05.5.2.1 Foundation. If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a Movable Tiny House shall follow the State approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
69.05.5.2.2 Paved or Alternate Pad. If the wheels are not removed, the parking area shall include bumper guards, curbs, or other installations adequate to prevent movement of the unit. The wheels and leveling or support jacks must sit on a paving surface compliant with either of the following.
69.05.5.2.2.1 Paving. A parking area for a moveable tiny house on wheels shall be paved with hard, durable asphaltic paving that has been mixed at a plant and is at least two (2) inches thick after compaction, with Portland cement paving at least three (3) inches thick, or an alternative as described below.
69.05.5.2.2.2 Alternative Paving Materials. An alternative paving material is one (1) of the following: porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, decomposed granite, crushed rock, gravel, and restrained systems (a plastic or concrete grid system confined on all sides to restrict lateral movement, and filled with gravel or grass in the voids). Alternative paving materials are permitted subject to all the following requirements:
69.05.5.2.2.2.1Permeable interlocking concrete pavers and permeable pavers shall have a minimum thickness of eighty (80) mm (3.14 inches).
69.05.5.2.2.2.2Products and underlying drainage material shall be installed to meet manufacturers’ specifications. Sub-grade soils shall be compacted as required to meet the product installation specifications.
69.05.5.3 Mechanical Equipment. Mechanical equipment shall be incorporated into the structure and not located on the roof.
69.05.5.4 Sprinklers. Moveable Tiny Houses are not required to have sprinklers, but shall follow the ANSI 119.5 standards relating to health, fire and life-safety.
69.05.5.5 Applicable Codes. Moveable Tiny Houses shall meet either the provisions of ANSI 119.5 or NFPA 1192 standards, or the provisions of the California Building Code, including 2019 California Residential Code Appendix Q, Tiny Houses, or other adopted alternatives, or both.
69.05.5.6 Design Standards. Moveable Tiny Houses must comply with all requirements for Detached ADUs and shall have the following design elements:
69.05.5.6.1Materials used as exterior wall covering shall be natural or man-made, nonreflective materials; and no more than ten percent (10%) of the exterior may be reflective in nature;
69.05.5.6.2Windows shall be at least double pane glass and labelled for building use, and shall include exterior trim;
69.05.5.6.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area;
69.05.5.6.4The unit shall be plumbed to allow connection to an approved means of sewage disposal, septic system, or waterless toilet. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
69.05.5.6.5A Moveable Tiny House need not be connected to a source of electrical power, but if it is, the installation shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations.
69.05.6 ADU Special Permit Area. Lots located in the ADU Special Permit Area, as mapped, are presumed to have certain water and sewer service limitations, adverse impacts on traffic flow, and/or public safety conditions that may preclude construction of an ADU, so that an ADU in that area may require a Special Permit. These conditions are:
69.05.6.1Areas outside a Fire Protection District;
69.05.6.2Airport incompatibility. A Special Permit may not be issued if the ADU exceeds the density limit in an airport zone;
69.05.6.3Areas of active or historic landslides, or areas of potential liquefaction;
69.05.6.4Flood and tsunami hazards; and
69.05.6.5Proximity to toxic cleanup sites as designated by California Department of Toxic Substances.
On a parcel within a mapped ADU Special Permit Area due to one (1) or more of the conditions above, an ADU may be allowed with a Special Permit if substantial evidence shows that the health and safety conditions for which it was included do not apply to that site, or can be successfully reduced or mitigated to less than significant levels.
69.05.7 Delayed Enforcement of Building Code Violations. Any owner of an existing ADU built before the effective date of the ordinance codified in this section, who receives notice of a building code violation, may request a delay in enforcement for five (5) years. The Chief Building Official must grant the delay if the correction is not required to protect health and safety.
69.05.8 Accessory Dwelling Units Allowed With Alternative Owner Builder Residence. An accessory dwelling unit may be permitted under the Alternative Owner Builder Code, Chapter 1.5 of Division 3 of Title III, in rural areas outside a community service district boundary; provided, that all the requirements of this Code and of the Alternative Owner Builder Code are met, including that:
69.05.8.1An inspection of the dwelling has been made by the appropriate County official(s); and
69.05.8.2The Official(s) determine(s) that the requirements of the applicable County Codes, including modifications, have been met or substantially met to the extent that no abnormal risk to health or safety will result from occupancy of the dwelling; and
69.05.8.3All other conditions applicable to accessory dwelling units have been met.
69.1 ACCESSORY STRUCTURES ¶
69.1.1 Permitted Agricultural Accessory Structures. The following accessory structures shall be permitted in the (AE) Agricultural Exclusive, (AG) Agriculture General, and (TPZ) Timber Production Zones: (See also, Permitted Agricultural Accessory Uses, Section 314-43.1, for principal permitted uses in AE, AG and TPZ zones.) (Former Section INL#316-2.1; Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.1Windmills, not including windmills that produce energy for export off of the ranch or farm; (Former Section INL#316-2.1(1); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.2Greenhouses which do not result in lot coverage exceeding 5 acres on lots 20 acres or larger in size, or exceeding 25% of the lot coverage for lots less than 20 acres in size, either individually or collectively, with or without a perimeter foundation, and without an improved floor or footpath which will preclude the agricultural use of the underlying soil. Greenhouses with an improved floor or
footpath which will preclude the agricultural use of the underlying soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a Special Permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.3Silos; (Former Section INL#316-2.1(3); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.4Tank Houses; (Former Section INL#316-2.1(4); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.5Barns and outbuildings; (Former Section INL#316-2.1(5); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.6Coops; (Former Section INL#316-2.1(6); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.7Drainage facilities and structures. (Note: In the Coastal Zone these facilities and structures are subject to the following regulations, as applicable: Coastal Wetlands, Streams and Riparian Corridors Protection, Transitional Agricultural Lands, and Chapter 2: Procedures); (Former Section INL#316-2.1(7); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.8 Roadside Stands/Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way.
69.1.1.9Public Stables for 6 horses or less. Public stables for 7 or more horses may be permitted with a Special Permit. (Former Section INL#316-2.1(9); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.10 Other Necessary and Customary Structures.
69.1.1.10.1Accessory structures in addition to those identified in this Chapter, which are necessary and customarily associated with, and are appropriate, incidental and subordinate to agricultural activity as determined by the Director. (Former Section INL#3162.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.10.2Buildings or structures, which result in lot coverage exceeding 5 acres on lots 20 acres or larger, or exceed 25% lot coverage on lots less than 20 acres, either individually or collectively, shall not be permitted as agricultural accessory structures and shall only be permitted with a Special Permit. (Former Section INL#316-2.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
69.2 AIRPORTS ¶
Airports, heliports and landing strips for aircraft shall be permitted with a Use Permit in any zone. However, a Use Permit is not required for principal permitted uses in AV Zones. (Former Section INL#316-3; Ord. 519, Sec. 603, 5/11/65) (Ord. 2650, § 2, 9/1/2020; Ord. 2678, § 2, 7/13/2021)
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69.05 ACCESSORY DWELLING UNITS ¶
69.05.1 Purpose and Findings. The provisions of this chapter are intended to set forth standards in accordance with State law for creation or conversion of at least one (1) accessory dwelling unit (ADU) per lot zoned to allow single-family or multifamily dwelling residential use. In addition, this section allows a Tiny House or Moveable Tiny House as defined in Sections 314-155 and 314-148 as an ADU when developed consistent with this section. An ADU does not exceed the allowable density for the lot on which it is located.
For purposes of this section, a junior accessory dwelling unit (JADU) is an attached unit that is no more than five hundred (500) square feet, contained entirely within a single-family structure, as defined in California Government Code Section 65852.22. JADUs are principally permitted in all areas where ADUs are principally permitted, and special rules apply as set forth in Section 31469.05.3.8.
69.05.2 Accessory Dwelling Units Generally Permitted. Accessory dwelling units may be principally permitted in any zone that allows single-family or multifamily dwelling residential use and includes a proposed or existing dwelling, if the General Provisions in Sections 314-69.05.3 are met, and the ADU meets the Development Regulations and Standards of Section 314-69.05.4.
ADUs may be excluded or may require a Special Permit in certain designated areas as described in Section 314-69.05.6, based on adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. Outside the ADU Special Permit Area, an ADU that cannot meet all the criteria in Section 314-69.05.4 may still be permitted with a Special Permit under certain circumstances.
The County shall act on a complete building permit application for an accessory dwelling unit within sixty (60) days from the date the completed application is received if there is an existing single-family or multifamily dwelling on the lot.
69.05.3 Provisions that Apply to All ADUs. The following provisions apply to all ADUs: ¶
69.05.3.1 One (1) or More ADUs per Lot. One (1) or more ADUs are permitted per lot developed or proposed to be developed with a single-family or multifamily dwelling, except for AE lots forty (40) acres or larger in size, where an ADU unrestricted in size may be allowed in addition to a main residence. Configurations with more than one (1) ADU are allowed in residential and mixed use zones, as described in Section 314-69.05.3.8.
69.05.3.2 Ownership. An ADU shall not be sold separately from the principal dwelling, except that Moveable Tiny Houses may be sold when removed from the lot.
69.05.3.3 Renting Permitted. The ADU may, but need not be, rented.
69.05.3.4 Short-Term Lodging Prohibited. The ADU shall not be rented for periods of thirty (30) days or less.
69.05.3.5 Building Type. The ADU may be within, attached to, or detached from, the existing or proposed principal residence and may be over a garage. An ADU may also be a Tiny House as defined in Section 314-155; a Moveable Tiny House as defined in Section 314148; or a manufactured home as defined in Section 18007 of the Health and Safety Code.
69.05.3.5.1 Manufactured Homes as Accessory Dwelling Units. A manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 is permitted as an ADU with a building permit on parcels where single-family residences are allowed. It may or may not be placed on a permanent foundation, but must meet building and zoning regulations, skirting requirements, and foundation or setup configurations as described in Section 314-81.1.1.3.
69.05.3.5.2 Tiny Houses and Moveable Tiny Houses as ADUs. A Tiny House as defined in Section 314-155 that meets all applicable building and development standards in this Code is deemed a single-family dwelling, and is allowed as an ADU. A Moveable Tiny House as defined in Section 314-148 that meets all applicable building and development standards in this Code, and meets the criteria in Section 314-69.05.5, is deemed a single-family dwelling and is allowed as an ADU.
69.05.3.6 Sewer and Water Service. All new ADUs within Urban Service Areas shall connect to public wastewater systems if wastewater treatment is available. Where wastewater treatment is not available, a private sanitation and/or water supply system must meet County Health Department requirements. Outside Urban Service Areas, sanitation facilities, plumbing, and water supply for the ADU, including any septic or waterless toilet systems used, shall comply with all applicable County Health Department requirements for sewage disposal and water supply.
69.05.3.7 Existing Single-Family Residence. Where one (1) single-family dwelling unit exists on a lot, a larger home may be constructed as the principal dwelling unit, and the existing unit treated as the ADU, provided all other development regulations and standards can be met for both units.
69.05.3.8 ADU and Junior Accessory Dwelling Unit (JADU) Configurations Within Residential and Mixed Use Zones. For purposes of this section, a junior accessory dwelling unit (JADU) is an attached unit contained within the footprint of a primary dwelling, as
defined in Government Code Section 65852.22. A building permit shall be ministerially approved for creation of any of the following, within a residential or mixed use zone:
69.05.3.8.1 ADU or JADU Within Existing Single-Family Structure. One (1) accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
69.05.3.8.1.1The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling, or within the existing space of a single-family dwelling or accessory structure, and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
69.05.3.8.1.2The ADU or JADU has separate exterior access from the proposed or existing single-family dwelling.
69.05.3.8.1.3The side and rear setbacks are sufficient for fire and safety as established either by the local fire authority, or by Fire Safe regulations if the site is within a State Responsibility Area for fire response.
69.05.3.8.1.4The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22 including a maximum size of five hundred (500) square feet floor area.
69.05.3.8.2 New Detached ADU. One detached, newly constructed accessory dwelling unit with minimum four (4) foot side and rear yard setbacks is allowed on a lot with a proposed or existing single-family dwelling. In addition to the detached accessory dwelling unit, one (1) JADU is allowed on the lot, if the JADU is within a single-family or accessory structure as described in Section 31469.05.3.8.1, and:
69.05.3.8.2.1The detached ADU contains no more than eight hundred (800) square feet of floor space, and its height is no more than sixteen (16) feet.
69.05.3.8.3 ADUs in Existing Multifamily Structures. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least one (1) accessory dwelling unit is allowed within an existing multifamily dwelling, and up to twenty-five percent (25%) of the existing multifamily dwelling units may be allowed.
69.05.3.8.4 Detached ADUs with Existing Multifamily Structures. Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling, subject to a height limit of sixteen (16) feet and four (4) foot rear yard and side setbacks.
69.05.4 Development Regulations, Standards, and Applicable Codes. The following development regulations and standards shall apply to all ADUs:
69.05.4.1 Utilities. Utilities may be shared in common with or separate from the main dwelling unit, whichever method may afford compliance with the applicable requirements of the County Code, including the currently effective versions of the Uniform Building Codes and Uniform Plumbing Codes, except that:
69.05.4.1.1 Connection and Capacity Fees. An accessory dwelling unit shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, except for water and sewer services as set forth in Section 31469.05.4.1.4, unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.2 Impact Fees. A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subsection, “impact fee” has the same meaning as the term “fee” as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
69.05.4.1.3 No New Connections in Existing Structures. No new or separate utility connection shall be required between the ADU and the utility, and no related connection fee or capacity charge shall be imposed if the ADU is contained within the existing space of a single-family residence or accessory structure and meets conditions in Section 314-69.05.3.8.1 unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.4 New Detached Units. For an accessory dwelling unit that is not contained within the existing space of a single-family residence or accessory structure or does not meet conditions in Section 314-69.05.3.8.1, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either size or the number of plumbing fixtures, its size in square feet or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
d accessory dwelling unit upon the water or sewer system, based upon either size or the number of plumbing fixtures, its size in square feet or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
69.05.4.1.5 Districts Under Moratoria or Compliance Orders. A service district, resort improvement district, or community service district that is under a moratorium on new connections, or under a compliance order for treatment issues, may not be compelled to provide water or sewer service for an accessory dwelling unit.
69.05.4.2 Building Site. The building site shall be shared in common with the proposed or existing primary residence. ADUs must meet local building code requirements that apply to detached dwellings, as appropriate. In areas zoned TPZ or AE, the curtilage area for residences, ADUs, driveways, utilities and associated residential accessory structures shall not exceed two acres per parcel and, where feasible, shall be located in the area of lowest agricultural productivity.
69.05.4.3 Total Floor Area. The total floor area of a detached ADU shall not exceed one thousand two hundred (1,200) square feet. If there is an existing primary residence, the total floor area of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the area of the existing primary residence or one thousand two hundred (1,200) square feet. The minimum floor area shall be one hundred fifty (150) square feet. Floor area includes all enclosed habitable living space but excludes sheds, garages and storage areas.
69.05.4.3.1ADUs that exceed one thousand two hundred (1,200) square feet or attached ADUs that exceed fifty percent (50%) of the area of the existing primary residence may be permitted with a Special Permit.
69.05.4.4 Sprinklers. Accessory dwelling units are not required to provide fire sprinklers if they are not required for the primary residence.
69.05.4.5 Setbacks. No setback shall be required for an ADU or a portion of an ADU, converted from an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure. A setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
69.05.4.6 Parking. Each ADU requires one (1) parking space. These spaces may be provided in tandem on a driveway. Off street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
69.05.4.6.1 Exceptions to Parking Standards. Parking standards for an ADU shall not apply if the ADU is (1) located within one-half mile walking distance of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.
69.05.4.7 No Frontage Improvements. No frontage improvements shall be required for ADUs. ¶
69.05.4.8 Height Limits. Height limits for accessory dwelling units and junior accessory dwelling units must allow at least sixteen (16) feet in height, in spite of the general height limit of fifteen (15) feet set by Section 314-102.1.
69.05.5 Moveable Tiny House as an ADU. In addition to the other provisions of this section, Movable Tiny Houses as defined in Section 314-148 used as ADUs shall comply with all of the following provisions:
69.05.5.1 Skirting. The undercarriage (wheels, axles, tongue and hitch) must be hidden from view.
69.05.5.2 Foundation or Pad.
69.05.5.2.1 Foundation. If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a Movable Tiny House shall follow the State approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
69.05.5.2.2 Paved or Alternate Pad. If the wheels are not removed, the parking area shall include bumper guards, curbs, or other installations adequate to prevent movement of the unit. The wheels and leveling or support jacks must sit on a paving surface compliant with either of the following.
69.05.5.2.2.1 Paving. A parking area for a moveable tiny house on wheels shall be paved with hard, durable asphaltic paving that has been mixed at a plant and is at least two (2) inches thick after compaction, with Portland cement paving at least three (3) inches thick, or an alternative as described below.
69.05.5.2.2.2 Alternative Paving Materials. An alternative paving material is one (1) of the following: porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, decomposed granite, crushed rock, gravel, and restrained systems (a plastic or concrete grid system confined on all sides to restrict lateral movement, and filled with gravel or grass in the voids). Alternative paving materials are permitted subject to all the following requirements:
69.05.5.2.2.2.1Permeable interlocking concrete pavers and permeable pavers shall have a minimum thickness of eighty (80) mm (3.14 inches).
69.05.5.2.2.2.2Products and underlying drainage material shall be installed to meet manufacturers’ specifications. Sub-grade soils shall be compacted as required to meet the product installation specifications.
69.05.5.3 Mechanical Equipment. Mechanical equipment shall be incorporated into the structure and not located on the roof.
69.05.5.4 Sprinklers. Moveable Tiny Houses are not required to have sprinklers, but shall follow the ANSI 119.5 standards relating to health, fire and life-safety.
69.05.5.5 Applicable Codes. Moveable Tiny Houses shall meet either the provisions of ANSI 119.5 or NFPA 1192 standards, or the provisions of the California Building Code, including 2019 California Residential Code Appendix Q, Tiny Houses, or other adopted alternatives, or both.
69.05.5.6 Design Standards. Moveable Tiny Houses must comply with all requirements for Detached ADUs and shall have the following design elements:
69.05.5.6.1Materials used as exterior wall covering shall be natural or man-made, nonreflective materials; and no more than ten percent (10%) of the exterior may be reflective in nature;
69.05.5.6.2Windows shall be at least double pane glass and labelled for building use, and shall include exterior trim;
69.05.5.6.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area;
69.05.5.6.4The unit shall be plumbed to allow connection to an approved means of sewage disposal, septic system, or waterless toilet. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
69.05.5.6.5A Moveable Tiny House need not be connected to a source of electrical power, but if it is, the installation shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations.
69.05.6 ADU Special Permit Area. Lots located in the ADU Special Permit Area, as mapped, are presumed to have certain water and sewer service limitations, adverse impacts on traffic flow, and/or public safety conditions that may preclude construction of an ADU, so that an ADU in that area may require a Special Permit. These conditions are:
69.05.6.1Areas outside a Fire Protection District;
69.05.6.2Airport incompatibility. A Special Permit may not be issued if the ADU exceeds the density limit in an airport zone;
69.05.6.3Areas of active or historic landslides, or areas of potential liquefaction;
69.05.6.4Flood and tsunami hazards; and
69.05.6.5Proximity to toxic cleanup sites as designated by California Department of Toxic Substances.
On a parcel within a mapped ADU Special Permit Area due to one (1) or more of the conditions above, an ADU may be allowed with a Special Permit if substantial evidence shows that the health and safety conditions for which it was included do not apply to that site, or can be successfully reduced or mitigated to less than significant levels.
69.05.7 Delayed Enforcement of Building Code Violations. Any owner of an existing ADU built before the effective date of the ordinance codified in this section, who receives notice of a building code violation, may request a delay in enforcement for five (5) years. The Chief Building Official must grant the delay if the correction is not required to protect health and safety.
69.05.8 Accessory Dwelling Units Allowed With Alternative Owner Builder Residence. An accessory dwelling unit may be permitted under the Alternative Owner Builder Code, Chapter 1.5 of Division 3 of Title III, in rural areas outside a community service district boundary; provided, that all the requirements of this Code and of the Alternative Owner Builder Code are met, including that:
69.05.8.1An inspection of the dwelling has been made by the appropriate County official(s); and
69.05.8.2The Official(s) determine(s) that the requirements of the applicable County Codes, including modifications, have been met or substantially met to the extent that no abnormal risk to health or safety will result from occupancy of the dwelling; and
69.05.8.3All other conditions applicable to accessory dwelling units have been met.
69.1 ACCESSORY STRUCTURES ¶
69.1.1 Permitted Agricultural Accessory Structures. The following accessory structures shall be permitted in the (AE) Agricultural Exclusive, (AG) Agriculture General, and (TPZ) Timber Production Zones: (See also, Permitted Agricultural Accessory Uses, Section 314-43.1, for principal permitted uses in AE, AG and TPZ zones.) (Former Section INL#316-2.1; Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.1Windmills, not including windmills that produce energy for export off of the ranch or farm; (Former Section INL#316-2.1(1); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.2Greenhouses which do not result in lot coverage exceeding 5 acres on lots 20 acres or larger in size, or exceeding 25% of the lot coverage for lots less than 20 acres in size, either individually or collectively, with or without a perimeter foundation, and without an improved floor or footpath which will preclude the agricultural use of the underlying soil. Greenhouses with an improved floor or
footpath which will preclude the agricultural use of the underlying soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a Special Permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.3Silos; (Former Section INL#316-2.1(3); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.4Tank Houses; (Former Section INL#316-2.1(4); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.5Barns and outbuildings; (Former Section INL#316-2.1(5); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.6Coops; (Former Section INL#316-2.1(6); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.7Drainage facilities and structures. (Note: In the Coastal Zone these facilities and structures are subject to the following regulations, as applicable: Coastal Wetlands, Streams and Riparian Corridors Protection, Transitional Agricultural Lands, and Chapter 2: Procedures); (Former Section INL#316-2.1(7); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.8 Roadside Stands/Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way.
69.1.1.9Public Stables for 6 horses or less. Public stables for 7 or more horses may be permitted with a Special Permit. (Former Section INL#316-2.1(9); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.10 Other Necessary and Customary Structures.
69.1.1.10.1Accessory structures in addition to those identified in this Chapter, which are necessary and customarily associated with, and are appropriate, incidental and subordinate to agricultural activity as determined by the Director. (Former Section INL#3162.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.10.2Buildings or structures, which result in lot coverage exceeding 5 acres on lots 20 acres or larger, or exceed 25% lot coverage on lots less than 20 acres, either individually or collectively, shall not be permitted as agricultural accessory structures and shall only be permitted with a Special Permit. (Former Section INL#316-2.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
69.2 AIRPORTS ¶
Airports, heliports and landing strips for aircraft shall be permitted with a Use Permit in any zone. However, a Use Permit is not required for principal permitted uses in AV Zones. (Former Section INL#316-3; Ord. 519, Sec. 603, 5/11/65) (Ord. 2650, § 2, 9/1/2020; Ord. 2678, § 2, 7/13/2021)
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69.05 ACCESSORY DWELLING UNITS ¶
69.05.1 Purpose and Findings. The provisions of this chapter are intended to set forth standards in accordance with State law for creation or conversion of at least one (1) accessory dwelling unit (ADU) per lot zoned to allow single-family or multifamily dwelling residential use. In addition, this section allows a Tiny House or Moveable Tiny House as defined in Sections 314-155 and 314-148 as an ADU when developed consistent with this section. An ADU does not exceed the allowable density for the lot on which it is located.
For purposes of this section, a junior accessory dwelling unit (JADU) is an attached unit that is no more than five hundred (500) square feet, contained entirely within a single-family structure, as defined in California Government Code Section 65852.22. JADUs are principally permitted in all areas where ADUs are principally permitted, and special rules apply as set forth in Section 31469.05.3.8.
69.05.2 Accessory Dwelling Units Generally Permitted. Accessory dwelling units may be principally permitted in any zone that allows single-family or multifamily dwelling residential use and includes a proposed or existing dwelling, if the General Provisions in Sections 314-69.05.3 are met, and the ADU meets the Development Regulations and Standards of Section 314-69.05.4.
ADUs may be excluded or may require a Special Permit in certain designated areas as described in Section 314-69.05.6, based on adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. Outside the ADU Special Permit Area, an ADU that cannot meet all the criteria in Section 314-69.05.4 may still be permitted with a Special Permit under certain circumstances.
The County shall act on a complete building permit application for an accessory dwelling unit within sixty (60) days from the date the completed application is received if there is an existing single-family or multifamily dwelling on the lot.
69.05.3 Provisions that Apply to All ADUs. The following provisions apply to all ADUs: ¶
69.05.3.1 One (1) or More ADUs per Lot. One (1) or more ADUs are permitted per lot developed or proposed to be developed with a single-family or multifamily dwelling, except for AE lots forty (40) acres or larger in size, where an ADU unrestricted in size may be allowed in addition to a main residence. Configurations with more than one (1) ADU are allowed in residential and mixed use zones, as described in Section 314-69.05.3.8.
69.05.3.2 Ownership. An ADU shall not be sold separately from the principal dwelling, except that Moveable Tiny Houses may be sold when removed from the lot.
69.05.3.3 Renting Permitted. The ADU may, but need not be, rented.
69.05.3.4 Short-Term Lodging Prohibited. The ADU shall not be rented for periods of thirty (30) days or less.
69.05.3.5 Building Type. The ADU may be within, attached to, or detached from, the existing or proposed principal residence and may be over a garage. An ADU may also be a Tiny House as defined in Section 314-155; a Moveable Tiny House as defined in Section 314148; or a manufactured home as defined in Section 18007 of the Health and Safety Code.
69.05.3.5.1 Manufactured Homes as Accessory Dwelling Units. A manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 is permitted as an ADU with a building permit on parcels where single-family residences are allowed. It may or may not be placed on a permanent foundation, but must meet building and zoning regulations, skirting requirements, and foundation or setup configurations as described in Section 314-81.1.1.3.
69.05.3.5.2 Tiny Houses and Moveable Tiny Houses as ADUs. A Tiny House as defined in Section 314-155 that meets all applicable building and development standards in this Code is deemed a single-family dwelling, and is allowed as an ADU. A Moveable Tiny House as defined in Section 314-148 that meets all applicable building and development standards in this Code, and meets the criteria in Section 314-69.05.5, is deemed a single-family dwelling and is allowed as an ADU.
69.05.3.6 Sewer and Water Service. All new ADUs within Urban Service Areas shall connect to public wastewater systems if wastewater treatment is available. Where wastewater treatment is not available, a private sanitation and/or water supply system must meet County Health Department requirements. Outside Urban Service Areas, sanitation facilities, plumbing, and water supply for the ADU, including any septic or waterless toilet systems used, shall comply with all applicable County Health Department requirements for sewage disposal and water supply.
69.05.3.7 Existing Single-Family Residence. Where one (1) single-family dwelling unit exists on a lot, a larger home may be constructed as the principal dwelling unit, and the existing unit treated as the ADU, provided all other development regulations and standards can be met for both units.
69.05.3.8 ADU and Junior Accessory Dwelling Unit (JADU) Configurations Within Residential and Mixed Use Zones. For purposes of this section, a junior accessory dwelling unit (JADU) is an attached unit contained within the footprint of a primary dwelling, as
defined in Government Code Section 65852.22. A building permit shall be ministerially approved for creation of any of the following, within a residential or mixed use zone:
69.05.3.8.1 ADU or JADU Within Existing Single-Family Structure. One (1) accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
69.05.3.8.1.1The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling, or within the existing space of a single-family dwelling or accessory structure, and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
69.05.3.8.1.2The ADU or JADU has separate exterior access from the proposed or existing single-family dwelling.
69.05.3.8.1.3The side and rear setbacks are sufficient for fire and safety as established either by the local fire authority, or by Fire Safe regulations if the site is within a State Responsibility Area for fire response.
69.05.3.8.1.4The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22 including a maximum size of five hundred (500) square feet floor area.
69.05.3.8.2 New Detached ADU. One detached, newly constructed accessory dwelling unit with minimum four (4) foot side and rear yard setbacks is allowed on a lot with a proposed or existing single-family dwelling. In addition to the detached accessory dwelling unit, one (1) JADU is allowed on the lot, if the JADU is within a single-family or accessory structure as described in Section 31469.05.3.8.1, and:
69.05.3.8.2.1The detached ADU contains no more than eight hundred (800) square feet of floor space, and its height is no more than sixteen (16) feet.
69.05.3.8.3 ADUs in Existing Multifamily Structures. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least one (1) accessory dwelling unit is allowed within an existing multifamily dwelling, and up to twenty-five percent (25%) of the existing multifamily dwelling units may be allowed.
69.05.3.8.4 Detached ADUs with Existing Multifamily Structures. Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling, subject to a height limit of sixteen (16) feet and four (4) foot rear yard and side setbacks.
69.05.4 Development Regulations, Standards, and Applicable Codes. The following development regulations and standards shall apply to all ADUs:
69.05.4.1 Utilities. Utilities may be shared in common with or separate from the main dwelling unit, whichever method may afford compliance with the applicable requirements of the County Code, including the currently effective versions of the Uniform Building Codes and Uniform Plumbing Codes, except that:
69.05.4.1.1 Connection and Capacity Fees. An accessory dwelling unit shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, except for water and sewer services as set forth in Section 31469.05.4.1.4, unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.2 Impact Fees. A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subsection, “impact fee” has the same meaning as the term “fee” as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
69.05.4.1.3 No New Connections in Existing Structures. No new or separate utility connection shall be required between the ADU and the utility, and no related connection fee or capacity charge shall be imposed if the ADU is contained within the existing space of a single-family residence or accessory structure and meets conditions in Section 314-69.05.3.8.1 unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.4 New Detached Units. For an accessory dwelling unit that is not contained within the existing space of a single-family residence or accessory structure or does not meet conditions in Section 314-69.05.3.8.1, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either size or the number of plumbing fixtures, its size in square feet or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
d accessory dwelling unit upon the water or sewer system, based upon either size or the number of plumbing fixtures, its size in square feet or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
69.05.4.1.5 Districts Under Moratoria or Compliance Orders. A service district, resort improvement district, or community service district that is under a moratorium on new connections, or under a compliance order for treatment issues, may not be compelled to provide water or sewer service for an accessory dwelling unit.
69.05.4.2 Building Site. The building site shall be shared in common with the proposed or existing primary residence. ADUs must meet local building code requirements that apply to detached dwellings, as appropriate. In areas zoned TPZ or AE, the curtilage area for residences, ADUs, driveways, utilities and associated residential accessory structures shall not exceed two acres per parcel and, where feasible, shall be located in the area of lowest agricultural productivity.
69.05.4.3 Total Floor Area. The total floor area of a detached ADU shall not exceed one thousand two hundred (1,200) square feet. If there is an existing primary residence, the total floor area of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the area of the existing primary residence or one thousand two hundred (1,200) square feet. The minimum floor area shall be one hundred fifty (150) square feet. Floor area includes all enclosed habitable living space but excludes sheds, garages and storage areas.
69.05.4.3.1ADUs that exceed one thousand two hundred (1,200) square feet or attached ADUs that exceed fifty percent (50%) of the area of the existing primary residence may be permitted with a Special Permit.
69.05.4.4 Sprinklers. Accessory dwelling units are not required to provide fire sprinklers if they are not required for the primary residence.
69.05.4.5 Setbacks. No setback shall be required for an ADU or a portion of an ADU, converted from an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure. A setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
69.05.4.6 Parking. Each ADU requires one (1) parking space. These spaces may be provided in tandem on a driveway. Off street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
69.05.4.6.1 Exceptions to Parking Standards. Parking standards for an ADU shall not apply if the ADU is (1) located within one-half mile walking distance of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.
69.05.4.7 No Frontage Improvements. No frontage improvements shall be required for ADUs. ¶
69.05.4.8 Height Limits. Height limits for accessory dwelling units and junior accessory dwelling units must allow at least sixteen (16) feet in height, in spite of the general height limit of fifteen (15) feet set by Section 314-102.1.
69.05.5 Moveable Tiny House as an ADU. In addition to the other provisions of this section, Movable Tiny Houses as defined in Section 314-148 used as ADUs shall comply with all of the following provisions:
69.05.5.1 Skirting. The undercarriage (wheels, axles, tongue and hitch) must be hidden from view.
69.05.5.2 Foundation or Pad.
69.05.5.2.1 Foundation. If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a Movable Tiny House shall follow the State approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
69.05.5.2.2 Paved or Alternate Pad. If the wheels are not removed, the parking area shall include bumper guards, curbs, or other installations adequate to prevent movement of the unit. The wheels and leveling or support jacks must sit on a paving surface compliant with either of the following.
69.05.5.2.2.1 Paving. A parking area for a moveable tiny house on wheels shall be paved with hard, durable asphaltic paving that has been mixed at a plant and is at least two (2) inches thick after compaction, with Portland cement paving at least three (3) inches thick, or an alternative as described below.
69.05.5.2.2.2 Alternative Paving Materials. An alternative paving material is one (1) of the following: porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, decomposed granite, crushed rock, gravel, and restrained systems (a plastic or concrete grid system confined on all sides to restrict lateral movement, and filled with gravel or grass in the voids). Alternative paving materials are permitted subject to all the following requirements:
69.05.5.2.2.2.1Permeable interlocking concrete pavers and permeable pavers shall have a minimum thickness of eighty (80) mm (3.14 inches).
69.05.5.2.2.2.2Products and underlying drainage material shall be installed to meet manufacturers’ specifications. Sub-grade soils shall be compacted as required to meet the product installation specifications.
69.05.5.3 Mechanical Equipment. Mechanical equipment shall be incorporated into the structure and not located on the roof.
69.05.5.4 Sprinklers. Moveable Tiny Houses are not required to have sprinklers, but shall follow the ANSI 119.5 standards relating to health, fire and life-safety.
69.05.5.5 Applicable Codes. Moveable Tiny Houses shall meet either the provisions of ANSI 119.5 or NFPA 1192 standards, or the provisions of the California Building Code, including 2019 California Residential Code Appendix Q, Tiny Houses, or other adopted alternatives, or both.
69.05.5.6 Design Standards. Moveable Tiny Houses must comply with all requirements for Detached ADUs and shall have the following design elements:
69.05.5.6.1Materials used as exterior wall covering shall be natural or man-made, nonreflective materials; and no more than ten percent (10%) of the exterior may be reflective in nature;
69.05.5.6.2Windows shall be at least double pane glass and labelled for building use, and shall include exterior trim;
69.05.5.6.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area;
69.05.5.6.4The unit shall be plumbed to allow connection to an approved means of sewage disposal, septic system, or waterless toilet. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
69.05.5.6.5A Moveable Tiny House need not be connected to a source of electrical power, but if it is, the installation shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations.
69.05.6 ADU Special Permit Area. Lots located in the ADU Special Permit Area, as mapped, are presumed to have certain water and sewer service limitations, adverse impacts on traffic flow, and/or public safety conditions that may preclude construction of an ADU, so that an ADU in that area may require a Special Permit. These conditions are:
69.05.6.1Areas outside a Fire Protection District;
69.05.6.2Airport incompatibility. A Special Permit may not be issued if the ADU exceeds the density limit in an airport zone;
69.05.6.3Areas of active or historic landslides, or areas of potential liquefaction;
69.05.6.4Flood and tsunami hazards; and
69.05.6.5Proximity to toxic cleanup sites as designated by California Department of Toxic Substances.
On a parcel within a mapped ADU Special Permit Area due to one (1) or more of the conditions above, an ADU may be allowed with a Special Permit if substantial evidence shows that the health and safety conditions for which it was included do not apply to that site, or can be successfully reduced or mitigated to less than significant levels.
69.05.7 Delayed Enforcement of Building Code Violations. Any owner of an existing ADU built before the effective date of the ordinance codified in this section, who receives notice of a building code violation, may request a delay in enforcement for five (5) years. The Chief Building Official must grant the delay if the correction is not required to protect health and safety.
69.05.8 Accessory Dwelling Units Allowed With Alternative Owner Builder Residence. An accessory dwelling unit may be permitted under the Alternative Owner Builder Code, Chapter 1.5 of Division 3 of Title III, in rural areas outside a community service district boundary; provided, that all the requirements of this Code and of the Alternative Owner Builder Code are met, including that:
69.05.8.1An inspection of the dwelling has been made by the appropriate County official(s); and
69.05.8.2The Official(s) determine(s) that the requirements of the applicable County Codes, including modifications, have been met or substantially met to the extent that no abnormal risk to health or safety will result from occupancy of the dwelling; and
69.05.8.3All other conditions applicable to accessory dwelling units have been met.
69.1 ACCESSORY STRUCTURES ¶
69.1.1 Permitted Agricultural Accessory Structures. The following accessory structures shall be permitted in the (AE) Agricultural Exclusive, (AG) Agriculture General, and (TPZ) Timber Production Zones: (See also, Permitted Agricultural Accessory Uses, Section 314-43.1, for principal permitted uses in AE, AG and TPZ zones.) (Former Section INL#316-2.1; Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.1Windmills, not including windmills that produce energy for export off of the ranch or farm; (Former Section INL#316-2.1(1); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.2Greenhouses which do not result in lot coverage exceeding 5 acres on lots 20 acres or larger in size, or exceeding 25% of the lot coverage for lots less than 20 acres in size, either individually or collectively, with or without a perimeter foundation, and without an improved floor or footpath which will preclude the agricultural use of the underlying soil. Greenhouses with an improved floor or
footpath which will preclude the agricultural use of the underlying soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a Special Permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.3Silos; (Former Section INL#316-2.1(3); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.4Tank Houses; (Former Section INL#316-2.1(4); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.5Barns and outbuildings; (Former Section INL#316-2.1(5); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.6Coops; (Former Section INL#316-2.1(6); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.7Drainage facilities and structures. (Note: In the Coastal Zone these facilities and structures are subject to the following regulations, as applicable: Coastal Wetlands, Streams and Riparian Corridors Protection, Transitional Agricultural Lands, and Chapter 2: Procedures); (Former Section INL#316-2.1(7); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.8 Roadside Stands/Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way.
69.1.1.9Public Stables for 6 horses or less. Public stables for 7 or more horses may be permitted with a Special Permit. (Former Section INL#316-2.1(9); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.10 Other Necessary and Customary Structures.
69.1.1.10.1Accessory structures in addition to those identified in this Chapter, which are necessary and customarily associated with, and are appropriate, incidental and subordinate to agricultural activity as determined by the Director. (Former Section INL#3162.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.10.2Buildings or structures, which result in lot coverage exceeding 5 acres on lots 20 acres or larger, or exceed 25% lot coverage on lots less than 20 acres, either individually or collectively, shall not be permitted as agricultural accessory structures and shall only be permitted with a Special Permit. (Former Section INL#316-2.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
69.2 AIRPORTS ¶
Airports, heliports and landing strips for aircraft shall be permitted with a Use Permit in any zone. However, a Use Permit is not required for principal permitted uses in AV Zones. (Former Section INL#316-3; Ord. 519, Sec. 603, 5/11/65) (Ord. 2650, § 2, 9/1/2020; Ord. 2678, § 2, 7/13/2021)
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69.05 ACCESSORY DWELLING UNITS ¶
69.05.1 Purpose and Findings. The provisions of this chapter are intended to set forth standards in accordance with State law for creation or conversion of at least one (1) accessory dwelling unit (ADU) per lot zoned to allow single-family or multifamily dwelling residential use. In addition, this section allows a Tiny House or Moveable Tiny House as defined in Sections 314-155 and 314-148 as an ADU when developed consistent with this section. An ADU does not exceed the allowable density for the lot on which it is located.
For purposes of this section, a junior accessory dwelling unit (JADU) is an attached unit that is no more than five hundred (500) square feet, contained entirely within a single-family structure, as defined in California Government Code Section 65852.22. JADUs are principally permitted in all areas where ADUs are principally permitted, and special rules apply as set forth in Section 31469.05.3.8.
69.05.2 Accessory Dwelling Units Generally Permitted. Accessory dwelling units may be principally permitted in any zone that allows single-family or multifamily dwelling residential use and includes a proposed or existing dwelling, if the General Provisions in Sections 314-69.05.3 are met, and the ADU meets the Development Regulations and Standards of Section 314-69.05.4.
ADUs may be excluded or may require a Special Permit in certain designated areas as described in Section 314-69.05.6, based on adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. Outside the ADU Special Permit Area, an ADU that cannot meet all the criteria in Section 314-69.05.4 may still be permitted with a Special Permit under certain circumstances.
The County shall act on a complete building permit application for an accessory dwelling unit within sixty (60) days from the date the completed application is received if there is an existing single-family or multifamily dwelling on the lot.
69.05.3 Provisions that Apply to All ADUs. The following provisions apply to all ADUs: ¶
69.05.3.1 One (1) or More ADUs per Lot. One (1) or more ADUs are permitted per lot developed or proposed to be developed with a single-family or multifamily dwelling, except for AE lots forty (40) acres or larger in size, where an ADU unrestricted in size may be allowed in addition to a main residence. Configurations with more than one (1) ADU are allowed in residential and mixed use zones, as described in Section 314-69.05.3.8.
69.05.3.2 Ownership. An ADU shall not be sold separately from the principal dwelling, except that Moveable Tiny Houses may be sold when removed from the lot.
69.05.3.3 Renting Permitted. The ADU may, but need not be, rented.
69.05.3.4 Short-Term Lodging Prohibited. The ADU shall not be rented for periods of thirty (30) days or less.
69.05.3.5 Building Type. The ADU may be within, attached to, or detached from, the existing or proposed principal residence and may be over a garage. An ADU may also be a Tiny House as defined in Section 314-155; a Moveable Tiny House as defined in Section 314148; or a manufactured home as defined in Section 18007 of the Health and Safety Code.
69.05.3.5.1 Manufactured Homes as Accessory Dwelling Units. A manufactured home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 is permitted as an ADU with a building permit on parcels where single-family residences are allowed. It may or may not be placed on a permanent foundation, but must meet building and zoning regulations, skirting requirements, and foundation or setup configurations as described in Section 314-81.1.1.3.
69.05.3.5.2 Tiny Houses and Moveable Tiny Houses as ADUs. A Tiny House as defined in Section 314-155 that meets all applicable building and development standards in this Code is deemed a single-family dwelling, and is allowed as an ADU. A Moveable Tiny House as defined in Section 314-148 that meets all applicable building and development standards in this Code, and meets the criteria in Section 314-69.05.5, is deemed a single-family dwelling and is allowed as an ADU.
69.05.3.6 Sewer and Water Service. All new ADUs within Urban Service Areas shall connect to public wastewater systems if wastewater treatment is available. Where wastewater treatment is not available, a private sanitation and/or water supply system must meet County Health Department requirements. Outside Urban Service Areas, sanitation facilities, plumbing, and water supply for the ADU, including any septic or waterless toilet systems used, shall comply with all applicable County Health Department requirements for sewage disposal and water supply.
69.05.3.7 Existing Single-Family Residence. Where one (1) single-family dwelling unit exists on a lot, a larger home may be constructed as the principal dwelling unit, and the existing unit treated as the ADU, provided all other development regulations and standards can be met for both units.
69.05.3.8 ADU and Junior Accessory Dwelling Unit (JADU) Configurations Within Residential and Mixed Use Zones. For purposes of this section, a junior accessory dwelling unit (JADU) is an attached unit contained within the footprint of a primary dwelling, as
defined in Government Code Section 65852.22. A building permit shall be ministerially approved for creation of any of the following, within a residential or mixed use zone:
69.05.3.8.1 ADU or JADU Within Existing Single-Family Structure. One (1) accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
69.05.3.8.1.1The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling, or within the existing space of a single-family dwelling or accessory structure, and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
69.05.3.8.1.2The ADU or JADU has separate exterior access from the proposed or existing single-family dwelling.
69.05.3.8.1.3The side and rear setbacks are sufficient for fire and safety as established either by the local fire authority, or by Fire Safe regulations if the site is within a State Responsibility Area for fire response.
69.05.3.8.1.4The junior accessory dwelling unit complies with the requirements of Government Code Section 65852.22 including a maximum size of five hundred (500) square feet floor area.
69.05.3.8.2 New Detached ADU. One detached, newly constructed accessory dwelling unit with minimum four (4) foot side and rear yard setbacks is allowed on a lot with a proposed or existing single-family dwelling. In addition to the detached accessory dwelling unit, one (1) JADU is allowed on the lot, if the JADU is within a single-family or accessory structure as described in Section 31469.05.3.8.1, and:
69.05.3.8.2.1The detached ADU contains no more than eight hundred (800) square feet of floor space, and its height is no more than sixteen (16) feet.
69.05.3.8.3 ADUs in Existing Multifamily Structures. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. At least one (1) accessory dwelling unit is allowed within an existing multifamily dwelling, and up to twenty-five percent (25%) of the existing multifamily dwelling units may be allowed.
69.05.3.8.4 Detached ADUs with Existing Multifamily Structures. Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling, subject to a height limit of sixteen (16) feet and four (4) foot rear yard and side setbacks.
69.05.4 Development Regulations, Standards, and Applicable Codes. The following development regulations and standards shall apply to all ADUs:
69.05.4.1 Utilities. Utilities may be shared in common with or separate from the main dwelling unit, whichever method may afford compliance with the applicable requirements of the County Code, including the currently effective versions of the Uniform Building Codes and Uniform Plumbing Codes, except that:
69.05.4.1.1 Connection and Capacity Fees. An accessory dwelling unit shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, except for water and sewer services as set forth in Section 31469.05.4.1.4, unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.2 Impact Fees. A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subsection, “impact fee” has the same meaning as the term “fee” as defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
69.05.4.1.3 No New Connections in Existing Structures. No new or separate utility connection shall be required between the ADU and the utility, and no related connection fee or capacity charge shall be imposed if the ADU is contained within the existing space of a single-family residence or accessory structure and meets conditions in Section 314-69.05.3.8.1 unless the accessory dwelling unit was constructed with a new single-family dwelling.
69.05.4.1.4 New Detached Units. For an accessory dwelling unit that is not contained within the existing space of a single-family residence or accessory structure or does not meet conditions in Section 314-69.05.3.8.1, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either size or the number of plumbing fixtures, its size in square feet or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
d accessory dwelling unit upon the water or sewer system, based upon either size or the number of plumbing fixtures, its size in square feet or its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
69.05.4.1.5 Districts Under Moratoria or Compliance Orders. A service district, resort improvement district, or community service district that is under a moratorium on new connections, or under a compliance order for treatment issues, may not be compelled to provide water or sewer service for an accessory dwelling unit.
69.05.4.2 Building Site. The building site shall be shared in common with the proposed or existing primary residence. ADUs must meet local building code requirements that apply to detached dwellings, as appropriate. In areas zoned TPZ or AE, the curtilage area for residences, ADUs, driveways, utilities and associated residential accessory structures shall not exceed two acres per parcel and, where feasible, shall be located in the area of lowest agricultural productivity.
69.05.4.3 Total Floor Area. The total floor area of a detached ADU shall not exceed one thousand two hundred (1,200) square feet. If there is an existing primary residence, the total floor area of an attached accessory dwelling unit shall not exceed fifty percent (50%) of the area of the existing primary residence or one thousand two hundred (1,200) square feet. The minimum floor area shall be one hundred fifty (150) square feet. Floor area includes all enclosed habitable living space but excludes sheds, garages and storage areas.
69.05.4.3.1ADUs that exceed one thousand two hundred (1,200) square feet or attached ADUs that exceed fifty percent (50%) of the area of the existing primary residence may be permitted with a Special Permit.
69.05.4.4 Sprinklers. Accessory dwelling units are not required to provide fire sprinklers if they are not required for the primary residence.
69.05.4.5 Setbacks. No setback shall be required for an ADU or a portion of an ADU, converted from an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure. A setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
69.05.4.6 Parking. Each ADU requires one (1) parking space. These spaces may be provided in tandem on a driveway. Off street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
69.05.4.6.1 Exceptions to Parking Standards. Parking standards for an ADU shall not apply if the ADU is (1) located within one-half mile walking distance of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.
69.05.4.7 No Frontage Improvements. No frontage improvements shall be required for ADUs. ¶
69.05.4.8 Height Limits. Height limits for accessory dwelling units and junior accessory dwelling units must allow at least sixteen (16) feet in height, in spite of the general height limit of fifteen (15) feet set by Section 314-102.1.
69.05.5 Moveable Tiny House as an ADU. In addition to the other provisions of this section, Movable Tiny Houses as defined in Section 314-148 used as ADUs shall comply with all of the following provisions:
69.05.5.1 Skirting. The undercarriage (wheels, axles, tongue and hitch) must be hidden from view.
69.05.5.2 Foundation or Pad.
69.05.5.2.1 Foundation. If the wheels are removed so the unit may sit on a foundation, the foundation requirements for a Movable Tiny House shall follow the State approved requirements for foundation systems for manufactured housing, or follow an alternative design certified by a licensed engineer.
69.05.5.2.2 Paved or Alternate Pad. If the wheels are not removed, the parking area shall include bumper guards, curbs, or other installations adequate to prevent movement of the unit. The wheels and leveling or support jacks must sit on a paving surface compliant with either of the following.
69.05.5.2.2.1 Paving. A parking area for a moveable tiny house on wheels shall be paved with hard, durable asphaltic paving that has been mixed at a plant and is at least two (2) inches thick after compaction, with Portland cement paving at least three (3) inches thick, or an alternative as described below.
69.05.5.2.2.2 Alternative Paving Materials. An alternative paving material is one (1) of the following: porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, decomposed granite, crushed rock, gravel, and restrained systems (a plastic or concrete grid system confined on all sides to restrict lateral movement, and filled with gravel or grass in the voids). Alternative paving materials are permitted subject to all the following requirements:
69.05.5.2.2.2.1Permeable interlocking concrete pavers and permeable pavers shall have a minimum thickness of eighty (80) mm (3.14 inches).
69.05.5.2.2.2.2Products and underlying drainage material shall be installed to meet manufacturers’ specifications. Sub-grade soils shall be compacted as required to meet the product installation specifications.
69.05.5.3 Mechanical Equipment. Mechanical equipment shall be incorporated into the structure and not located on the roof.
69.05.5.4 Sprinklers. Moveable Tiny Houses are not required to have sprinklers, but shall follow the ANSI 119.5 standards relating to health, fire and life-safety.
69.05.5.5 Applicable Codes. Moveable Tiny Houses shall meet either the provisions of ANSI 119.5 or NFPA 1192 standards, or the provisions of the California Building Code, including 2019 California Residential Code Appendix Q, Tiny Houses, or other adopted alternatives, or both.
69.05.5.6 Design Standards. Moveable Tiny Houses must comply with all requirements for Detached ADUs and shall have the following design elements:
69.05.5.6.1Materials used as exterior wall covering shall be natural or man-made, nonreflective materials; and no more than ten percent (10%) of the exterior may be reflective in nature;
69.05.5.6.2Windows shall be at least double pane glass and labelled for building use, and shall include exterior trim;
69.05.5.6.3Roofs shall have a minimum of a 1:12 pitch for greater than fifty percent (50%) of the roof area;
69.05.5.6.4The unit shall be plumbed to allow connection to an approved means of sewage disposal, septic system, or waterless toilet. Portable or enclosed waste storage tanks are not allowed for sewage disposal.
69.05.5.6.5A Moveable Tiny House need not be connected to a source of electrical power, but if it is, the installation shall be in accordance with the California Electrical Code, Part 3, Title 24, California Code of Regulations.
69.05.6 ADU Special Permit Area. Lots located in the ADU Special Permit Area, as mapped, are presumed to have certain water and sewer service limitations, adverse impacts on traffic flow, and/or public safety conditions that may preclude construction of an ADU, so that an ADU in that area may require a Special Permit. These conditions are:
69.05.6.1Areas outside a Fire Protection District;
69.05.6.2Airport incompatibility. A Special Permit may not be issued if the ADU exceeds the density limit in an airport zone;
69.05.6.3Areas of active or historic landslides, or areas of potential liquefaction;
69.05.6.4Flood and tsunami hazards; and
69.05.6.5Proximity to toxic cleanup sites as designated by California Department of Toxic Substances.
On a parcel within a mapped ADU Special Permit Area due to one (1) or more of the conditions above, an ADU may be allowed with a Special Permit if substantial evidence shows that the health and safety conditions for which it was included do not apply to that site, or can be successfully reduced or mitigated to less than significant levels.
69.05.7 Delayed Enforcement of Building Code Violations. Any owner of an existing ADU built before the effective date of the ordinance codified in this section, who receives notice of a building code violation, may request a delay in enforcement for five (5) years. The Chief Building Official must grant the delay if the correction is not required to protect health and safety.
69.05.8 Accessory Dwelling Units Allowed With Alternative Owner Builder Residence. An accessory dwelling unit may be permitted under the Alternative Owner Builder Code, Chapter 1.5 of Division 3 of Title III, in rural areas outside a community service district boundary; provided, that all the requirements of this Code and of the Alternative Owner Builder Code are met, including that:
69.05.8.1An inspection of the dwelling has been made by the appropriate County official(s); and
69.05.8.2The Official(s) determine(s) that the requirements of the applicable County Codes, including modifications, have been met or substantially met to the extent that no abnormal risk to health or safety will result from occupancy of the dwelling; and
69.05.8.3All other conditions applicable to accessory dwelling units have been met.
69.1 ACCESSORY STRUCTURES ¶
69.1.1 Permitted Agricultural Accessory Structures. The following accessory structures shall be permitted in the (AE) Agricultural Exclusive, (AG) Agriculture General, and (TPZ) Timber Production Zones: (See also, Permitted Agricultural Accessory Uses, Section 314-43.1, for principal permitted uses in AE, AG and TPZ zones.) (Former Section INL#316-2.1; Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.1Windmills, not including windmills that produce energy for export off of the ranch or farm; (Former Section INL#316-2.1(1); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.2Greenhouses which do not result in lot coverage exceeding 5 acres on lots 20 acres or larger in size, or exceeding 25% of the lot coverage for lots less than 20 acres in size, either individually or collectively, with or without a perimeter foundation, and without an improved floor or footpath which will preclude the agricultural use of the underlying soil. Greenhouses with an improved floor or
footpath which will preclude the agricultural use of the underlying soil shall not be located on prime agricultural soils, but may be located on non-prime agricultural soils with a Special Permit. Concrete, asphalt, and similarly constructed footpaths are permitted within a greenhouse located on non-prime agricultural soils, and may be permitted on prime agricultural soils with a Special Permit. (Former Section INL#316-2.1(2); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.3Silos; (Former Section INL#316-2.1(3); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.4Tank Houses; (Former Section INL#316-2.1(4); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.5Barns and outbuildings; (Former Section INL#316-2.1(5); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.6Coops; (Former Section INL#316-2.1(6); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.7Drainage facilities and structures. (Note: In the Coastal Zone these facilities and structures are subject to the following regulations, as applicable: Coastal Wetlands, Streams and Riparian Corridors Protection, Transitional Agricultural Lands, and Chapter 2: Procedures); (Former Section INL#316-2.1(7); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.8 Roadside Stands/Sales of Agricultural Products. Operation of a single roadside stand for the display and sales of only those products produced on the premises, or on other property owned or leased by the vendor, as permitted by these regulations, provided that the stand does not exceed an area of 200 square feet, and is located not nearer than fifteen (15) feet from any street or highway right-of-way.
69.1.1.9Public Stables for 6 horses or less. Public stables for 7 or more horses may be permitted with a Special Permit. (Former Section INL#316-2.1(9); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.10 Other Necessary and Customary Structures.
69.1.1.10.1Accessory structures in addition to those identified in this Chapter, which are necessary and customarily associated with, and are appropriate, incidental and subordinate to agricultural activity as determined by the Director. (Former Section INL#3162.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
69.1.1.10.2Buildings or structures, which result in lot coverage exceeding 5 acres on lots 20 acres or larger, or exceed 25% lot coverage on lots less than 20 acres, either individually or collectively, shall not be permitted as agricultural accessory structures and shall only be permitted with a Special Permit. (Former Section INL#316-2.1(10); Added by Ord. 2189, Sec. 1, 2/9/99)
69.2 AIRPORTS ¶
Airports, heliports and landing strips for aircraft shall be permitted with a Use Permit in any zone. However, a Use Permit is not required for principal permitted uses in AV Zones. (Former Section INL#316-3; Ord. 519, Sec. 603, 5/11/65) (Ord. 2650, § 2, 9/1/2020; Ord. 2678, § 2, 7/13/2021)
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73.1 FENCES ¶
73.1.1Solid fences in Residential Suburban (RS), Residential One-Family (R-1), and Residential Two-Family (R-2) Zones shall be a maximum of three (3) feet in height for any portion of the fence located within the front yard setback. Open fences in Residential Suburban (RS), Residential One-Family (R-1), and Residential Two-Family (R-2) Zones shall be a maximum of seven (7) feet in height for any portion of the fence located within the front yard setback.
73.1.2Open fences must be at least seventy percent (70%) open to the passage of light and air. Chain link and other woven wire fencing smaller than six (6) gauge shall not be used in the front yard setback. (Ord. 2748, § 2, 10/1/2024)
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73.1 FENCES ¶
73.1.1Solid fences in Residential Suburban (RS), Residential One-Family (R-1), and Residential Two-Family (R-2) Zones shall be a maximum of three (3) feet in height for any portion of the fence located within the front yard setback. Open fences in Residential Suburban (RS), Residential One-Family (R-1), and Residential Two-Family (R-2) Zones shall be a maximum of seven (7) feet in height for any portion of the fence located within the front yard setback.
73.1.2Open fences must be at least seventy percent (70%) open to the passage of light and air. Chain link and other woven wire fencing smaller than six (6) gauge shall not be used in the front yard setback. (Ord. 2748, § 2, 10/1/2024)
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75.1 GUEST HOUSES ¶
Guest houses are herein defined as detached living quarters of permanent construction, without kitchens, which are clearly subordinate and incidental to the use of the main building on the same lot. Guest houses shall not be let, leased or rented independently of the main building, in whole or in part, for any compensation, either direct or indirect. Guest houses shall be located on the rear half of the lot on which they are located and not within six (6) feet of any lot line, nor within six (6) feet of the main building and shall not exceed a height of sixteen (16) feet. Guest houses and other accessory buildings on the same lot shall not exceed thirty percent (30%) of the ground coverage of the rear yard.* (Former Section INL#316-6; Ord. 519, Sec. 606, 5/11/65)
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
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75.1 GUEST HOUSES ¶
Guest houses are herein defined as detached living quarters of permanent construction, without kitchens, which are clearly subordinate and incidental to the use of the main building on the same lot. Guest houses shall not be let, leased or rented independently of the main building, in whole or in part, for any compensation, either direct or indirect. Guest houses shall be located on the rear half of the lot on which they are located and not within six (6) feet of any lot line, nor within six (6) feet of the main building and shall not exceed a height of sixteen (16) feet. Guest houses and other accessory buildings on the same lot shall not exceed thirty percent (30%) of the ground coverage of the rear yard.* (Former Section INL#316-6; Ord. 519, Sec. 606, 5/11/65)
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
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81.1 MANUFACTURED HOMES AND RECREATIONAL VEHICLES ¶
81.1.1The use of manufactured homes and recreational vehicles shall be subject to the following regulations: (Former Section INL#31610; Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.1Manufactured homes and recreational vehicles shall be used as residences only in manufactured home parks and special occupancy parks, or in any public camping area, subject to the applicable provisions of the Health and Safety Code of the State of California. (Former Section INL#316-10(a); Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.2However, manufactured homes may be located and used outside of manufactured home parks in certain zoning districts where such use is specifically authorized. (Former Section INL#316-10(a); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.3Manufactured homes used for residential purposes outside of manufactured home parks shall be subject to the same building regulations and zoning regulations applicable to buildings similarly used and shall be required to meet all of the following at the time of installation: (Former Section INL#316-10(b); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.3.1The manufactured home shall be completely enclosed (except for venting) at the ground level with manufactured home skirting. (Former Section INL#316-10(b)(1); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.3.2A manufactured home manufactured before September 15, 1971, may be placed on a permanent foundation provided an engineer licensed by the State of California certifies that the unit is structurally sound and complies with the Uniform Building Code. If necessary, a unit may be modified to comply with the U.S. Department of Housing and Urban Development standards for safety, ceiling height and structure. Such modifications require a building permit. (Former Section INL#316-10(b)(2); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.3.3A manufactured home sold new before July 1, 1980, shall be attached to a permanent foundation approved by the Chief Building Inspector. (Former Section INL#316-10(b)(3); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.3.4The State Department of Housing and Community Development manufactured home insignia and the license plate of a manufactured home sold new before July 1, 1980, shall be removed and returned to said Department together with the Department of Motor Vehicles’ certificate of ownership, the certificate of registration and a copy of the building permit for manufactured home installation. (Former Section INL#316-10(b)(4); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.3.5A manufactured home sold new on or after July 1, 1980, shall be attached either to a permanent foundation or to a standard setup with tie down anchors approved by the Chief Building Inspector. (Former Section INL#316-10(b)(5); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.4One (1) manufactured home may be used as an office appurtenant to, accessory to, and in conjunction with the operation of a manufactured home sales area without a Use Permit. (Former Section INL#316-10(c); Amended by Ord. 1848, Sec. 18, 9/13/88; Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5 Temporary Use - Special Permits. Notwithstanding subsection 81.1.1.1, Special Permits may be issued for the temporary use of a manufactured home or recreational vehicle as follows: (Former Section INL#316-10(d); Amended by Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.5.1The Director may permit a person who has a permanent residence elsewhere to use a recreational vehicle as a temporary residence for up to six (6) months. (Former Section INL#316-10(d)(1); Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.5.2The Director may permit a construction contractor to use a manufactured home, commercial coach or recreational vehicle as an office for the duration of the job. (Former Section INL#316-10(d)(3); Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.5.3The Zoning Administrator may in a case of hardship, grant a property owner a Special Permit to set up temporarily any manufactured home which is not defined as a “nuisance” by Title 25 of the California Code of Regulations. (Former Section INL#31610(d)(4); Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.5.3.1The Zoning Administrator may find a case of hardship if: (Former Section INL#316-10(d)(4)(a); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.1The property lies in a zone in which a manufactured home is a principal permitted use; and (Former Section INL#31610(d)(4)(a)(i);Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.2Placement of the manufactured home is consistent with the general character of the neighborhood and will not adversely affect the public health and safety of the neighborhood; and (Former Section INL#316-10(d)(4)(a)(ii); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.3The manufactured home is occupied by a specified person or persons who are related to the property owner; and (Former Section INL#316-10(d)(4) (a)(iii); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.4The Chief Building Inspector approves the proposed setup; and (Former Section INL#316-10(d)(4)(a)(iv); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.5Neither the property owner nor the proposed occupant can afford to install, then remove, a permanent foundation; and/or (Former Section INL#316-10(d)(4)(a)(v); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.6Neither the property owner nor the proposed occupant can afford to purchase a newer, conforming unit; and (Former Section INL#316-10(d)(4)(a)(vi); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.7The health and well-being of either the property owner or the proposed occupant requires that the manufactured home be on the property. (Former Section INL#316-10(d)(4)(a) (vii); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.2The Special Permit is valid for one (1) year. The Zoning Administrator may be renew it for additional one year periods for as long as the hardship continues. (Former Section INL#316-10(d)(4)(b); Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.5.4 Temporary Occupancy. ¶
81.1.1.5.4.1The Chief Building Inspector may issue a temporary occupancy permit for one manufactured home or recreational vehicle situated on a lot for which the applicant has obtained a building permit. The use of the manufactured home or recreational vehicle shall be the same as the use of the building for which the permit was granted. Services shall not be connected to the permanent structure until the manufactured home or recreational vehicle for which the temporary occupancy permit was issued has been removed from the property. (Former Section INL#316-10(d)(5)(a); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.4.2The temporary occupancy permit shall be valid for six (6) months from the date the building permit was issued. The manufactured home or recreational vehicle for which the temporary occupancy permit was issued shall be removed when the temporary occupancy permit expires. The Chief Building inspector may renew a temporary occupancy permit for one (1) additional six (6) month period if: (Former Section INL#316-10(d)(5)(b); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.4.2.1There is substantial progress on the permanent building; and (Former Section INL#316-10(d)(5)(b)(i); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.4.2.2It is reasonable and probable that the permanent building will be completed within the extra six (6) months. (Former Section INL#316-10(d)(5)(b)(ii); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.4.3The applicant shall sign a document stating he has read and understands the conditions of the permit. (Former Section INL#316-10(d)(5)(c); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5 Owner-Builder. ¶
81.1.1.5.5.1The Chief Building Inspector may grant a property owner who signs the building permit as an owner-builder a temporary occupancy permit for one (1) manufactured home or recreational vehicle which is not defined as a nuisance by Title 25 of the California Code of Regulations. (Former Section INL#316-10(d)(6)(a); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.2The Chief building Inspector may issue the permit if: (Former Section INL#316-10(d)(6)(b); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.2.1The property lies in a zone in which a manufactured home is a permitted use; and (Former Section INL#316-10(d)(6)(b) (i); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.2.2The applicant is the landowner and is building a house on the same piece of property; and (Former Section INL#31610(d)(6)(b)(ii); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.2.3The applicant has a building permit for the permanent residence: and (Former Section INL#316-10(d)(6)(b)(iii); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.2.4Any septic system used with the temporary quarters is sized for the permanent residence; and (Former Section INL#31610(d)(6)(b)(iv); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.2.5Any water supply developed on the property is sized for the permanent residence. (Former Section INL#316-10(d)(6)(b) (v); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.3The temporary occupancy permit shall be valid for six (6) months from the date the building permit was issued The Chief building Inspector may renew the temporary occupancy permit for additional six (6) month periods if he determines that substantial
progress is being made on construction of the permanent residence. The temporary occupancy permit shall expire when the building permit expires. (Former Section INL#316-10(d)(6)(c);Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.4Services shall not be transferred to the permanent residence until the temporary quarters are removed from the property. (Former Section INL#316-10(d)(6)(d); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.5The applicant shall sign a document stating that he has read and understands the conditions of the permit. (Former Section INL#316-10(d)(6)(e); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.6When any permit issued under subsection 81.1.1.5, Temporary Use - Special Permits expires, the owner of the land on which the manufactured home or recreational vehicle is placed shall remove it. Any manufactured home or recreational vehicle not so removed is a public nuisance. It may be abated in accordance with this Code. (Former Section INL#316-10(d)(6)(e); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.7When a permit for temporary use of a recreational vehicle issued under subsection 81.1.1.5 expires, the owner of the land on which it is located shall disconnect it from utilities and cease to occupy it. Any recreational vehicle not so disconnected is a public nuisance. It may be abated in accordance with this Code. (Former Section INL#316-10(d)(6)(f); Ord. 1403a, Sec. 1, 6/3/80; Amended by Ord. 1540, Sec. 1, 6/29/82; Ord. 1876, 9/26/89)
ational vehicle issued under subsection 81.1.1.5 expires, the owner of the land on which it is located shall disconnect it from utilities and cease to occupy it. Any recreational vehicle not so disconnected is a public nuisance. It may be abated in accordance with this Code. (Former Section INL#316-10(d)(6)(f); Ord. 1403a, Sec. 1, 6/3/80; Amended by Ord. 1540, Sec. 1, 6/29/82; Ord. 1876, 9/26/89)
- Note: For Nonconforming Manufactured Homes, see Section B, Part 5, of this Chapter: Nonconforming Uses and Nonconforming Structures.
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81.1 MANUFACTURED HOMES AND RECREATIONAL VEHICLES ¶
81.1.1The use of manufactured homes and recreational vehicles shall be subject to the following regulations: (Former Section INL#31610; Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.1Manufactured homes and recreational vehicles shall be used as residences only in manufactured home parks and special occupancy parks, or in any public camping area, subject to the applicable provisions of the Health and Safety Code of the State of California. (Former Section INL#316-10(a); Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.2However, manufactured homes may be located and used outside of manufactured home parks in certain zoning districts where such use is specifically authorized. (Former Section INL#316-10(a); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.3Manufactured homes used for residential purposes outside of manufactured home parks shall be subject to the same building regulations and zoning regulations applicable to buildings similarly used and shall be required to meet all of the following at the time of installation: (Former Section INL#316-10(b); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.3.1The manufactured home shall be completely enclosed (except for venting) at the ground level with manufactured home skirting. (Former Section INL#316-10(b)(1); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.3.2A manufactured home manufactured before September 15, 1971, may be placed on a permanent foundation provided an engineer licensed by the State of California certifies that the unit is structurally sound and complies with the Uniform Building Code. If necessary, a unit may be modified to comply with the U.S. Department of Housing and Urban Development standards for safety, ceiling height and structure. Such modifications require a building permit. (Former Section INL#316-10(b)(2); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.3.3A manufactured home sold new before July 1, 1980, shall be attached to a permanent foundation approved by the Chief Building Inspector. (Former Section INL#316-10(b)(3); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.3.4The State Department of Housing and Community Development manufactured home insignia and the license plate of a manufactured home sold new before July 1, 1980, shall be removed and returned to said Department together with the Department of Motor Vehicles’ certificate of ownership, the certificate of registration and a copy of the building permit for manufactured home installation. (Former Section INL#316-10(b)(4); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.3.5A manufactured home sold new on or after July 1, 1980, shall be attached either to a permanent foundation or to a standard setup with tie down anchors approved by the Chief Building Inspector. (Former Section INL#316-10(b)(5); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.4One (1) manufactured home may be used as an office appurtenant to, accessory to, and in conjunction with the operation of a manufactured home sales area without a Use Permit. (Former Section INL#316-10(c); Amended by Ord. 1848, Sec. 18, 9/13/88; Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5 Temporary Use - Special Permits. Notwithstanding subsection 81.1.1.1, Special Permits may be issued for the temporary use of a manufactured home or recreational vehicle as follows: (Former Section INL#316-10(d); Amended by Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.5.1The Director may permit a person who has a permanent residence elsewhere to use a recreational vehicle as a temporary residence for up to six (6) months. (Former Section INL#316-10(d)(1); Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.5.2The Director may permit a construction contractor to use a manufactured home, commercial coach or recreational vehicle as an office for the duration of the job. (Former Section INL#316-10(d)(3); Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.5.3The Zoning Administrator may in a case of hardship, grant a property owner a Special Permit to set up temporarily any manufactured home which is not defined as a “nuisance” by Title 25 of the California Code of Regulations. (Former Section INL#31610(d)(4); Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.5.3.1The Zoning Administrator may find a case of hardship if: (Former Section INL#316-10(d)(4)(a); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.1The property lies in a zone in which a manufactured home is a principal permitted use; and (Former Section INL#31610(d)(4)(a)(i);Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.2Placement of the manufactured home is consistent with the general character of the neighborhood and will not adversely affect the public health and safety of the neighborhood; and (Former Section INL#316-10(d)(4)(a)(ii); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.3The manufactured home is occupied by a specified person or persons who are related to the property owner; and (Former Section INL#316-10(d)(4) (a)(iii); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.4The Chief Building Inspector approves the proposed setup; and (Former Section INL#316-10(d)(4)(a)(iv); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.5Neither the property owner nor the proposed occupant can afford to install, then remove, a permanent foundation; and/or (Former Section INL#316-10(d)(4)(a)(v); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.6Neither the property owner nor the proposed occupant can afford to purchase a newer, conforming unit; and (Former Section INL#316-10(d)(4)(a)(vi); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.1.7The health and well-being of either the property owner or the proposed occupant requires that the manufactured home be on the property. (Former Section INL#316-10(d)(4)(a) (vii); Ord. 1848, Sec. 18, 9/13/88)
81.1.1.5.3.2The Special Permit is valid for one (1) year. The Zoning Administrator may be renew it for additional one year periods for as long as the hardship continues. (Former Section INL#316-10(d)(4)(b); Ord. 1848, Sec. 18, 9/13/88; Amended by Ord. 2166, Sec. 21, 4/7/98)
81.1.1.5.4 Temporary Occupancy. ¶
81.1.1.5.4.1The Chief Building Inspector may issue a temporary occupancy permit for one manufactured home or recreational vehicle situated on a lot for which the applicant has obtained a building permit. The use of the manufactured home or recreational vehicle shall be the same as the use of the building for which the permit was granted. Services shall not be connected to the permanent structure until the manufactured home or recreational vehicle for which the temporary occupancy permit was issued has been removed from the property. (Former Section INL#316-10(d)(5)(a); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.4.2The temporary occupancy permit shall be valid for six (6) months from the date the building permit was issued. The manufactured home or recreational vehicle for which the temporary occupancy permit was issued shall be removed when the temporary occupancy permit expires. The Chief Building inspector may renew a temporary occupancy permit for one (1) additional six (6) month period if: (Former Section INL#316-10(d)(5)(b); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.4.2.1There is substantial progress on the permanent building; and (Former Section INL#316-10(d)(5)(b)(i); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.4.2.2It is reasonable and probable that the permanent building will be completed within the extra six (6) months. (Former Section INL#316-10(d)(5)(b)(ii); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.4.3The applicant shall sign a document stating he has read and understands the conditions of the permit. (Former Section INL#316-10(d)(5)(c); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5 Owner-Builder. ¶
81.1.1.5.5.1The Chief Building Inspector may grant a property owner who signs the building permit as an owner-builder a temporary occupancy permit for one (1) manufactured home or recreational vehicle which is not defined as a nuisance by Title 25 of the California Code of Regulations. (Former Section INL#316-10(d)(6)(a); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.2The Chief building Inspector may issue the permit if: (Former Section INL#316-10(d)(6)(b); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.2.1The property lies in a zone in which a manufactured home is a permitted use; and (Former Section INL#316-10(d)(6)(b) (i); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.2.2The applicant is the landowner and is building a house on the same piece of property; and (Former Section INL#31610(d)(6)(b)(ii); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.2.3The applicant has a building permit for the permanent residence: and (Former Section INL#316-10(d)(6)(b)(iii); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.2.4Any septic system used with the temporary quarters is sized for the permanent residence; and (Former Section INL#31610(d)(6)(b)(iv); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.2.5Any water supply developed on the property is sized for the permanent residence. (Former Section INL#316-10(d)(6)(b) (v); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.3The temporary occupancy permit shall be valid for six (6) months from the date the building permit was issued The Chief building Inspector may renew the temporary occupancy permit for additional six (6) month periods if he determines that substantial
progress is being made on construction of the permanent residence. The temporary occupancy permit shall expire when the building permit expires. (Former Section INL#316-10(d)(6)(c);Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.4Services shall not be transferred to the permanent residence until the temporary quarters are removed from the property. (Former Section INL#316-10(d)(6)(d); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.5.5.5The applicant shall sign a document stating that he has read and understands the conditions of the permit. (Former Section INL#316-10(d)(6)(e); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.6When any permit issued under subsection 81.1.1.5, Temporary Use - Special Permits expires, the owner of the land on which the manufactured home or recreational vehicle is placed shall remove it. Any manufactured home or recreational vehicle not so removed is a public nuisance. It may be abated in accordance with this Code. (Former Section INL#316-10(d)(6)(e); Amended by Ord. 1540; Sec. 1, 6/29/82)
81.1.1.7When a permit for temporary use of a recreational vehicle issued under subsection 81.1.1.5 expires, the owner of the land on which it is located shall disconnect it from utilities and cease to occupy it. Any recreational vehicle not so disconnected is a public nuisance. It may be abated in accordance with this Code. (Former Section INL#316-10(d)(6)(f); Ord. 1403a, Sec. 1, 6/3/80; Amended by Ord. 1540, Sec. 1, 6/29/82; Ord. 1876, 9/26/89)
ational vehicle issued under subsection 81.1.1.5 expires, the owner of the land on which it is located shall disconnect it from utilities and cease to occupy it. Any recreational vehicle not so disconnected is a public nuisance. It may be abated in accordance with this Code. (Former Section INL#316-10(d)(6)(f); Ord. 1403a, Sec. 1, 6/3/80; Amended by Ord. 1540, Sec. 1, 6/29/82; Ord. 1876, 9/26/89)
- Note: For Nonconforming Manufactured Homes, see Section B, Part 5, of this Chapter: Nonconforming Uses and Nonconforming Structures.
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84.1Repealed by Ord. 2703, § 4, 11/29/2022.
84.2 PUBLIC UTILITY BUILDINGS ¶
Public utility buildings including, but not limited to, equipment buildings, substations, generating plants, gasometers, and transmission and distribution facilities shall be classified as quasi-public uses. (Former Section INL#316-15; Ord. 519, Sec. 615, 5/11/65) (Ord. 2703, §§ 4, 5, 11/29/2022)
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84.1Repealed by Ord. 2703, § 4, 11/29/2022.
84.2 PUBLIC UTILITY BUILDINGS ¶
Public utility buildings including, but not limited to, equipment buildings, substations, generating plants, gasometers, and transmission and distribution facilities shall be classified as quasi-public uses. (Former Section INL#316-15; Ord. 519, Sec. 615, 5/11/65) (Ord. 2703, §§ 4, 5, 11/29/2022)
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84.1Repealed by Ord. 2703, § 4, 11/29/2022.
84.2 PUBLIC UTILITY BUILDINGS ¶
Public utility buildings including, but not limited to, equipment buildings, substations, generating plants, gasometers, and transmission and distribution facilities shall be classified as quasi-public uses. (Former Section INL#316-15; Ord. 519, Sec. 615, 5/11/65) (Ord. 2703, §§ 4, 5, 11/29/2022)
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85.1 QUASI-PUBLIC STRUCTURES AND USES ¶
Quasi-public uses, including public utility uses, shall be permitted in any U, AG, AE, R-4, C or M Zone without a Use Permit and in any other zone subject to the securing of a Use Permit, provided that outdoor telephone booths and public utility transmission and distribution lines, both overhead and underground, shall be permitted in any zone without limitation as to height and without the necessity of first obtaining a Use Permit. The routes of proposed overhead transmission lines shall be submitted to the Planning Commission for recommendation not less than thirty (30) days prior to the acquisition of rights-of-way therefor. (Former Section INL#316-16; Ord. 519, Sec. 616, 5/11/65; Amended by Ord. 1591, Sec. 1, 4/26/83)
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85.1 QUASI-PUBLIC STRUCTURES AND USES ¶
Quasi-public uses, including public utility uses, shall be permitted in any U, AG, AE, R-4, C or M Zone without a Use Permit and in any other zone subject to the securing of a Use Permit, provided that outdoor telephone booths and public utility transmission and distribution lines, both overhead and underground, shall be permitted in any zone without limitation as to height and without the necessity of first obtaining a Use Permit. The routes of proposed overhead transmission lines shall be submitted to the Planning Commission for recommendation not less than thirty (30) days prior to the acquisition of rights-of-way therefor. (Former Section INL#316-16; Ord. 519, Sec. 616, 5/11/65; Amended by Ord. 1591, Sec. 1, 4/26/83)
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87.1Repealed by Ord. 2650, § 2, 9/1/2020.
87.2 SIGNS ¶
87.2.1 Purpose. The purpose of these regulations is to: (1) ensure that signs within Humboldt County will promote public health, safety, and welfare, (2) promotes the use of signs that are of appropriate scale and compatible with nearby development and landscape, (3) promotes the free flow of traffic and protects pedestrians, cyclists and motorists from injury and property damage caused by distracting signs, and (4) supports businesses serving county residents, workers and visitors.
87.2.2 Applicability. These regulations shall be applicable to all signs in all zoning districts.
87.2.2.1 No Permit Required. No permit shall be required in the following circumstances:
87.2.2.1.1Changes to legal existing sign faces;
87.2.2.1.2Installation of historic plaques.
87.2.3 Nameplates. Nameplates are limited to a statement of the name, address and occupational designation of the occupant, and are not illuminated. Nameplates shall be principally permitted when attached to existing buildings appurtenant to any permitted use when conforming with all the following requirements:
87.2.3.1In U, FR, AE, AG, and FP Zones, one (1) nameplate not exceeding twenty (20) square feet;
87.2.3.2In any zone except RS, R-1 and R-2 Zones, one (1) nameplate not exceeding four (4) square feet;
87.2.3.3In all other zones, one (1) nameplate not exceeding two (2) square feet.
87.2.4 Temporary Signs. Temporary signs displayed for a limited period of time which do not exceed thirty-two (32) square feet in size shall be principally permitted in any zone when conforming with all the following requirements:
87.2.4.1Strings or individual banners, streamers, pennants and similar devices for business openings, temporary sales and events which are placed up to thirty (30) days prior and removed within ten (10) days after the opening.
87.2.4.2Political signs pertaining to a scheduled election which are placed up to ninety (90) days prior to the scheduled election and removed within ten (10) days after election day.
87.2.4.3Temporary signs advertising a special event being held by a public agency or nonprofit organization which are placed up to thirty (30) days prior and removed within ten (10) days after the event.
87.2.5 Property Sale Signs. Signs, not illuminated, to advertise the sale of property on which it is displayed shall be permitted when conforming with all the following regulations and removed within fifteen (15) days of the sale or lease of the property:
87.2.5.1In any zone, one (1) sign not exceeding six (6) square feet shall be principally permitted;
87.2.5.2In any Commercial or Industrial Zoning District, one (1) sign not exceeding thirty-two (32) square feet shall be principally permitted;
87.2.5.3Signs advertising the sale of lots in a subdivision shall be permitted with a Special Permit in any zone when not exceeding one hundred (100) square feet in the aggregate.
87.2.6 Appurtenant Signs. Signs, appurtenant to any permitted use, to identify or advertise a place of business or a product when conforming to the following requirements and the standards in subsection 314-87.2.6.5:
87.2.6.1In RS, R-1 or R-2 Zones, signs shall be prohibited unless otherwise allowed with a Use Permit.
87.2.6.2In Commercial or Industrial Zoning Districts, and Unclassified Zoning Districts when accompanied by a Commercial Services or Industrial General Land Use Designation, signs shall be principally permitted.
87.2.6.3 In all other zones, up to three (3) single-sided signs, or one (1) double-sided and one (1) single-sided sign not over seventy-five (75) square feet in the aggregate shall be permitted with a Special Permit, except when the site utilizes a Master Sign Plan consistent with subsection 314-87.2.7.
87.2.6.4Signs not consistent with subsection 314-87.2.6.5 shall be permitted with a conditional use permit.
Appurtenant Sign Types
87.2.6.5
==> picture [301 x 214] intentionally omitted <==
Appurtenant Sign Table
| Sign Type | Sign Requirements | |
|---|---|---|
| Monument | Quantity: | One(1) per frontage |
| Area: | Thirty-six(36)square feet | |
| Width: | Twelve(12)feet maximum | |
| Height: | Seven(7)feet maximum | |
| Depth/Projection: | Two(2)feet maximum | |
| Clearance: | Not applicable | |
| Projecting and Banner |
Quantity: | One(1) per facade |
| Area: | Twenty-five(25)square feet | |
| Width: | Eight(8)feet maximum | |
| Height: | Eight(8)feet maximum | |
| Depth/Projection: | Four(4)feet maximum | |
| Clearance: | Eight(8)feet minimum | |
| Distance to Curb: | Two(2)feet minimum | |
| Awning | Quantity: | One(1) per window |
| Area: | Not applicable | |
| Width: | Width of facade | |
| Height: | Not applicable | |
| Depth/Projection: | Four(4)feet maximum | |
| Clearance: | Eight(8)feet minimum | |
| Valance Height: | Twelve(12)inches maximum | |
| Distance to Curb: | Two(2)feet minimum | |
| Wall | Quantity: | Not specified |
| Sign Type | Sign Requirements | |
| --- | --- | --- |
| Area: | Two (2) square foot per linear foot of facade (not exceeding one hundred (100) square feetper facade) |
|
| Width: | Ninety (90) percent of the width of facade | |
| Height: | Roof line orparapet of the structure | |
| Depth/Projection: | Eighteen(18)inches maximum | |
| Clearance: | Seven(7)feet to sign edge minimum | |
| Window | Quantity: | Not applicable |
| Area: | Not more than twenty-five (25) percent of glass per facade, not including seasonal displays or decorations |
|
| Width: | Not applicable | |
| Height: | Not applicable | |
| Depth/ Projection: |
Not applicable | |
| Clearance: | Four(4)feet | |
| Illumination: | Design features may consist of neon or other small diameter tubing illuminated by fluorescing gas |
|
| A-Frame, Standing, and Feather Banner |
A-Frame and Standing | |
| Quantity: | Two (2) per business | |
| Area: | Eight (8) square feet | |
| Width: | Two (2) feet maximum |
|
| Height: | Four (4) feet maximum |
|
| Depth/ Projection: |
Cannot be placed within county right- of-way or obstruct ADA access |
|
| Clearance: | Not applicable | |
| Fuel Price Signs |
Quantity: | Two(2) per business |
| Area: | Sixty-four(64)square | |
| Width: | Eight(8)feet | |
| Height: | Eighteen(18)feet | |
| Depth/Projection: | Not applicable | |
| Clearance: | Eight(8)feet | |
| Display: | Fuel pricing displays may consist of changeable LED numbers |
|
| Freestanding | Quantity: | One(1) per business |
| Sign Type | Sign Requirements | |
| --- | --- | --- |
| Area: | Sixty-four(64)square feet | |
| Width: | Eight(8)feet | |
| Height: | Eighteen(18)feet | |
| Depth/Projection: | Not applicable | |
| Clearance: | Eight(8)feet minimum | |
| Valance Height: | Not applicable | |
| Distance to Curb: | Not applicable |
87.2.7 Master Sign Plan. A plan to strategically coordinate signs appurtenant to any permitted use to identify or advertise multiple places of businesses for large sites, buildings, nonresidential multi-tenant developments, or adjacent or adjoining properties or parcels.
87.2.7.1Sites greater than one (1) acre, or with tenant spaces above the first floor, or any nonresidential development, building, or property with four (4) or more tenants must submit a Master Sign Plan;
87.2.7.2The Master Sign Plan shall provide a coordinated approach to signage that indicates where signage is proposed;
87.2.7.3A Master Sign Plan shall be principally permitted if in accordance with subsection 314-87.2.6.5;
87.2.7.4A Special Permit shall be required if the Master Sign Plan proposes signage that is not in accordance with subsection 31487.2.6.5, which would allow:
87.2.7.4.1Transfers of maximum sign areas between tenants on a site to allow the collective total sign area permitted for the entire site to be pooled and re-allocated between tenants; and
87.2.7.4.2Deviation from the total number of each type of sign allowed; and
87.2.7.4.3Deviation from the maximum size of signs permitted.
87.2.8 Murals. Murals, decorations, and design elements on the exterior of a building that do not advertise a product, business, or service shall be principally permitted and are not subject to the requirements of this section. Advertisement includes text displaying the name of a business, text displaying the name of a product, text publicizing a service, business-specific logos, and product-specific logos.
87.2.9 Creative Signs. Signs with no more than forty percent (40%) of the total sign area digitally printed and of unique design, thoughtfulness, imagination, inventiveness, and spirit, which deviate from the standards in this section while minimizing adverse impacts.
87.2.9.1 Review. Creative signs shall be reviewed and approved by the Zoning Administrator and may require modifications to the proposed Creative Sign including limits on allowed sign types, area, dimensions, placement, materials, and other sign design features.
87.2.9.2 Permit Requirements. Creative signs shall be permitted with a Special Permit.
87.2.9.3 Design Standards. Creative signs shall meet all of the General Design Standards and incorporate three (3) or more of the Sign Features, Materials, and Contextual Criteria provided in this subsection.
87.2.9.3.1 General Design. ¶
87.2.9.3.1.1The sign constitutes a substantial aesthetic improvement to the site and has a positive visual impact on the surrounding area; and
87.2.9.3.1.2The sign is of unique design, and exhibits a high degree of thoughtfulness, imagination, inventiveness, and spirit; and
87.2.9.3.1.3The sign is of a higher creative, artistic, and/or sculptural nature than the average sign typically found in Humboldt County; and
87.2.9.3.1.4The sign provides strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.
87.2.9.3.2 Sign Features, Materials, and Contextual Criteria.
87.2.9.3.2.1Materials of a higher quality than typically used for signs in Humboldt County (e.g., stone, sculptural steel, sandblasted wood, gold leaf, hand-painted content with an artistic mural-like component).
87.2.9.3.2.2Projecting, recessed, or cut-out text (e.g., push-through illuminated acrylic letters, routed letters, routed metal).
87.2.9.3.2.3Use of natural features to creatively display a business name (e.g., trimmed hedges, etched rock features, botanical arrangements).
87.2.9.3.2.4Creative and unique use of clearly visible high-quality landscaping with an area greater than the minimum required for the sign or site, whichever is more.
87.2.9.3.2.5Clearly visible three-dimensionality where a notable proportion of the structure or form of the sign includes multiple deviations from a parallel plane (e.g., a sphere, a half-sphere, sculptural elements, a fully three-dimensional beer mug).
87.2.9.3.2.6Sign design successfully emulates the architecture of the building (e.g., a sign with roof-like covering that matches the general design of the roof of the building it serves).
87.2.9.3.2.7Highly irregular multi-dimensional sign shape (e.g., a sign that has at least five (5) or more straight sides, a sign that has a few straight sides and multiple variable rounded sides, a sign with an unusually disproportionate height-to-width ratio).
87.2.9.3.2.8At least fifty percent (50%) of the sign area includes custom artistic illustrations.
87.2.9.3.2.9Sign shape includes inventive representation of the use, name, or logo of the structure or business (e.g., a fish-shaped sign for a fishing store).
87.2.10 Existing Billboards. It is the objective of this section to provide regulations to implement General Plan provisions to regulate Billboards consistent with the Outdoor Advertising Act.
87.2.10.1Existing billboard, an advertising display affixed to any post within six hundred sixty (660) feet of a state highway, freeway, or historic highway or freeway that was lawfully erected in compliance with State laws and local ordinances in effect at the time of its erection;
87.2.10.2Failure to provide the Planning and Building Department an active and compliant Outdoor Advertising Display Permit when such permit is required by State law is evidence that the structure does not qualify as an existing billboard which may require removal of the structure consistent with the Outdoor Advertising Act;
87.2.10.3Placement shall not be permitted unless otherwise allowable:
87.2.10.3.1Placement includes, but is not limited to, the following activities:
87.2.10.3.1.1Raising the height of the display from ground level;
87.2.10.3.1.2Alteration of existing size dimensions of approved physical configuration;
87.2.10.3.1.3Relocating all or a portion of a display;
87.2.10.3.1.4Adding a back-up facing to a single-facing display;
87.2.10.3.1.5Turning the direction of a facing;
87.2.10.3.1.6Addition of an electrical box;
87.2.10.3.1.7Adding illumination or a changeable message, with the exception of light boxes;
87.2.10.3.1.8Increasing any dimension of a facing except when adding an extension to an outside dimension of a display as incident to the copy for a temporary period up to three (3) years;
87.2.10.3.1.9Re-erection of a destroyed advertising display where “destroyed” is defined as damaged to the extent it loses functionality so as to be rendered useless and can no longer function as an advertising surface;
87.2.10.3.1.10The maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible any advertising display on or to the ground of any tree, bush, rock, fence, post, wall, building, structure or thing when not performed incident to the change of an advertising message or customary maintenance, as defined by the Outdoor Advertising Act, of the advertising display;
87.2.10.3.1.11Maintenance using materials other than those materials and dimensions of supporting members found on the existing sign.
87.2.10.3.2Placement shall be allowable if the following conditions are met:
87.2.10.3.2.1An advertising display has been damaged by natural forces and accidental incidents to the extent it loses functionality so as to be rendered useless and needs to be re-erected; and
87.2.10.3.2.2The destroyed advertising display is not located on public land, public easements on Natural Resource zoned properties, within bodies of water, flood hazard areas, streamside management areas, sensitive habitats, scenic resources or wetlands; and
87.2.10.3.2.3A conditional use permit with a term limit of fifteen (15) years has been approved; and
87.2.10.3.2.4A building permit has been issued.
87.2.10.4Unauthorized placement activities will be declared a public nuisance as defined by Section 351-3 and considered a Category 4 Violation as defined by Section 352-3(h) and Section 352-6.
87.2.10.5The County may declare its intent to require removal of an existing billboard by providing the existing billboard owner notice of such intent a minimum of seven (7) years prior to actual removal of the sign. Upon the expiration of the designated time period, the County may require removal in accordance with the requirements of the Outdoor Advertising Act. The removal of the billboard structure and restoration of the site to its original condition shall be completed within thirty (30) days of compensation. If the permit holder and property owner fail to remove the billboard structure and restore the site within the designated time period, the billboard shall be declared a public nuisance as defined by Section 351-3 and considered a Category 4 Violation as defined by Section 352-3(h) and Section 352-6.
87.2.11 Directional Signs. ¶
87.2.11.1 Signs Permitted. Directional signs and/or guide signs shall be located in any zone to indicate directions to public recreational areas, visitor serving facilities, and any other facilities for which the Director has determined that such a sign is necessary for the public convenience and/or safety.
87.2.11.2 Location. Signs shall be located only where visible from the path of travel for pedestrians, bicyclists, and vehicles.
87.2.11.3 Design Criteria. ¶
87.2.11.3.1Directional signs shall contain only the name of the use(s), a directional arrow or a directional statement, and the approximate distance to the use(s).
87.2.11.3.2Where feasible, directional signs shall be designed to accommodate more than one use.
87.2.11.3.3The display surface of any such sign shall not exceed twenty-four (24) by twenty-four (24) inches for each use, with a maximum aggregate area of display surface not to exceed one hundred (100) square feet.
87.2.11.4 Permit Required. A Special Permit is required for placement of a directional sign in any zone.
87.2.12 Design Standards. ¶
87.2.12.1 Illumination. ¶
87.2.12.1.1Signs in nonresidential zoning districts may be internally or externally illuminated except where specifically prohibited.
87.2.12.1.2Signs in Residential Zoning Districts shall only be externally illuminated and must be located at least fifty (50) feet from any residence.
87.2.12.1.3Light sources must be steady, stationary, and static in color and shall utilize full-cutoff lighting, downward casting, shielding, visors, etc.
87.2.12.1.4 Lighting shall be limited as follows: ¶
87.2.12.1.4.1During hours between sunset and sunrise, luminance is limited to one hundred (100) candela per square meter.
87.2.12.1.4.2Each sign must either be designed to achieve this standard or have a light sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change.
87.2.12.1.5The light source for externally illuminated signs must be shielded and positioned so that light is only concentrated on the face of the sign and is not visible from adjacent properties or from a public street.
87.2.12.1.6Lighting shall use the lowest lumen level necessary to be visible from the property line.
87.2.12.1.7Lighting shall only be operated between sunrise and sunset or thirty (30) minutes before opening and after closing.
87.2.12.1.8Exposed bulbs are not permitted except as part of a Creative Sign Permit.
87.2.12.1.9Design features consisting of neon or other small-diameter tubing illuminated by fluorescing gas is not allowed as part of any type of sign, except as allowed as window signage in subsection 314-87.2.6.5.
87.2.13 Prohibited Signs. The following signs and sign materials are prohibited:
87.2.13.1 Digital, Animated or Changeable Copy Signs. Signs that include any part that appears to rotate, flash, blink, move, change color, emit sound, or change intensity, except for approved fuel price signs, standard barber poles, and time and temperature signs that are located in commercial and industrial zones. This includes but is not limited to electronic message boards, large television or projector screens, etc., except when placed on such property by the public agency having jurisdiction or expressly authorized by such public agency.
87.2.13.2 New Billboards. A structure with a flat surface upon which an advertisement is placed or affixed to any post within six hundred sixty (660) feet of a state highway or freeway, except as described by subsection 314-87.2.10.3.2.
87.2.13.3 Off-Premises Signs. Signs that are not appurtenant to a use associated with the property in which the sign is located.
87.2.13.4 Decorative Signs. Banner signs, yard signs, and inflatable signs, except when used as a temporary sign consistent with subsection 314-87.2.3 (Temporary Signs).
87.2.13.5 Hazardous Signs. Signs adversely affecting traffic control or safety. Any sign that creates a traffic safety hazard by interfering with an individual’s sight distance, including signs visible from any public road, street or right-of-way containing colors or reflective paint that blinds the vision of drivers, or signs which simulate or imitate the appearance of any traffic sign or signal, or which makes use of the words "STOP," "GO," "SLOW," "TURN HERE," "DANGER," or contain other words, phrases, symbols or characters otherwise likely to interfere with, mislead or confuse drivers.
ible from any public road, street or right-of-way containing colors or reflective paint that blinds the vision of drivers, or signs which simulate or imitate the appearance of any traffic sign or signal, or which makes use of the words "STOP," "GO," "SLOW," "TURN HERE," "DANGER," or contain other words, phrases, symbols or characters otherwise likely to interfere with, mislead or confuse drivers.
87.2.13.6 Obsolete Signs. Any appurtenant sign face identifying a use or activity that has not occupied the site for more than six (6) months. Any off-premises sign face advertising an activity that has not taken place for more than six (6) months. Any sign frame that has not been utilized within five (5) years.
87.2.13.7 Signs on Public Roads. Signs, including digital, animated or changeable copy signs, are not permitted on any public road or public road right-of-way, except as permitted by the Department of Public Works. This includes, but is not limited to, permanent signs, portable signs, trailer-mounted signs, and vehicle-mounted signs.
87.2.13.8 Signs on Public Property. Signs, including digital, animated or changeable copy signs are not permitted on any public property; except as permitted by the public agency having jurisdiction or expressly authorized by such public agency.
87.2.13.9 Signs on Natural Features and Other Structures. Signs affixed to or painted on trees, rocks, or other natural features, or on utility poles, street sign poles, traffic signal equipment and poles, or garbage receptacles.
87.2.13.10 Roof Signs. Any sign erected, constructed and placed over the highest point of the roof or parapet of a building or of any architectural feature to which it is affixed.
87.2.13.11 Dilapidated Signs. Signs that have been declared a nuisance as defined by Section 351-3 and must be removed due to inadequate maintenance, dilapidation, or abandonment. (Ord. 2650, § 2, 9/1/2020; Ord. 2735, § 2, 4/9/2024) Your Selections
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87.1Repealed by Ord. 2650, § 2, 9/1/2020.
87.2 SIGNS ¶
87.2.1 Purpose. The purpose of these regulations is to: (1) ensure that signs within Humboldt County will promote public health, safety, and welfare, (2) promotes the use of signs that are of appropriate scale and compatible with nearby development and landscape, (3) promotes the free flow of traffic and protects pedestrians, cyclists and motorists from injury and property damage caused by distracting signs, and (4) supports businesses serving county residents, workers and visitors.
87.2.2 Applicability. These regulations shall be applicable to all signs in all zoning districts.
87.2.2.1 No Permit Required. No permit shall be required in the following circumstances:
87.2.2.1.1Changes to legal existing sign faces;
87.2.2.1.2Installation of historic plaques.
87.2.3 Nameplates. Nameplates are limited to a statement of the name, address and occupational designation of the occupant, and are not illuminated. Nameplates shall be principally permitted when attached to existing buildings appurtenant to any permitted use when conforming with all the following requirements:
87.2.3.1In U, FR, AE, AG, and FP Zones, one (1) nameplate not exceeding twenty (20) square feet;
87.2.3.2In any zone except RS, R-1 and R-2 Zones, one (1) nameplate not exceeding four (4) square feet;
87.2.3.3In all other zones, one (1) nameplate not exceeding two (2) square feet.
87.2.4 Temporary Signs. Temporary signs displayed for a limited period of time which do not exceed thirty-two (32) square feet in size shall be principally permitted in any zone when conforming with all the following requirements:
87.2.4.1Strings or individual banners, streamers, pennants and similar devices for business openings, temporary sales and events which are placed up to thirty (30) days prior and removed within ten (10) days after the opening.
87.2.4.2Political signs pertaining to a scheduled election which are placed up to ninety (90) days prior to the scheduled election and removed within ten (10) days after election day.
87.2.4.3Temporary signs advertising a special event being held by a public agency or nonprofit organization which are placed up to thirty (30) days prior and removed within ten (10) days after the event.
87.2.5 Property Sale Signs. Signs, not illuminated, to advertise the sale of property on which it is displayed shall be permitted when conforming with all the following regulations and removed within fifteen (15) days of the sale or lease of the property:
87.2.5.1In any zone, one (1) sign not exceeding six (6) square feet shall be principally permitted;
87.2.5.2In any Commercial or Industrial Zoning District, one (1) sign not exceeding thirty-two (32) square feet shall be principally permitted;
87.2.5.3Signs advertising the sale of lots in a subdivision shall be permitted with a Special Permit in any zone when not exceeding one hundred (100) square feet in the aggregate.
87.2.6 Appurtenant Signs. Signs, appurtenant to any permitted use, to identify or advertise a place of business or a product when conforming to the following requirements and the standards in subsection 314-87.2.6.5:
87.2.6.1In RS, R-1 or R-2 Zones, signs shall be prohibited unless otherwise allowed with a Use Permit.
87.2.6.2In Commercial or Industrial Zoning Districts, and Unclassified Zoning Districts when accompanied by a Commercial Services or Industrial General Land Use Designation, signs shall be principally permitted.
87.2.6.3 In all other zones, up to three (3) single-sided signs, or one (1) double-sided and one (1) single-sided sign not over seventy-five (75) square feet in the aggregate shall be permitted with a Special Permit, except when the site utilizes a Master Sign Plan consistent with subsection 314-87.2.7.
87.2.6.4Signs not consistent with subsection 314-87.2.6.5 shall be permitted with a conditional use permit.
Appurtenant Sign Types
87.2.6.5
==> picture [301 x 214] intentionally omitted <==
Appurtenant Sign Table
| Sign Type | Sign Requirements | |
|---|---|---|
| Monument | Quantity: | One(1) per frontage |
| Area: | Thirty-six(36)square feet | |
| Width: | Twelve(12)feet maximum | |
| Height: | Seven(7)feet maximum | |
| Depth/Projection: | Two(2)feet maximum | |
| Clearance: | Not applicable | |
| Projecting and Banner |
Quantity: | One(1) per facade |
| Area: | Twenty-five(25)square feet | |
| Width: | Eight(8)feet maximum | |
| Height: | Eight(8)feet maximum | |
| Depth/Projection: | Four(4)feet maximum | |
| Clearance: | Eight(8)feet minimum | |
| Distance to Curb: | Two(2)feet minimum | |
| Awning | Quantity: | One(1) per window |
| Area: | Not applicable | |
| Width: | Width of facade | |
| Height: | Not applicable | |
| Depth/Projection: | Four(4)feet maximum | |
| Clearance: | Eight(8)feet minimum | |
| Valance Height: | Twelve(12)inches maximum | |
| Distance to Curb: | Two(2)feet minimum | |
| Wall | Quantity: | Not specified |
| Sign Type | Sign Requirements | |
| --- | --- | --- |
| Area: | Two (2) square foot per linear foot of facade (not exceeding one hundred (100) square feetper facade) |
|
| Width: | Ninety (90) percent of the width of facade | |
| Height: | Roof line orparapet of the structure | |
| Depth/Projection: | Eighteen(18)inches maximum | |
| Clearance: | Seven(7)feet to sign edge minimum | |
| Window | Quantity: | Not applicable |
| Area: | Not more than twenty-five (25) percent of glass per facade, not including seasonal displays or decorations |
|
| Width: | Not applicable | |
| Height: | Not applicable | |
| Depth/ Projection: |
Not applicable | |
| Clearance: | Four(4)feet | |
| Illumination: | Design features may consist of neon or other small diameter tubing illuminated by fluorescing gas |
|
| A-Frame, Standing, and Feather Banner |
A-Frame and Standing | |
| Quantity: | Two (2) per business | |
| Area: | Eight (8) square feet | |
| Width: | Two (2) feet maximum |
|
| Height: | Four (4) feet maximum |
|
| Depth/ Projection: |
Cannot be placed within county right- of-way or obstruct ADA access |
|
| Clearance: | Not applicable | |
| Fuel Price Signs |
Quantity: | Two(2) per business |
| Area: | Sixty-four(64)square | |
| Width: | Eight(8)feet | |
| Height: | Eighteen(18)feet | |
| Depth/Projection: | Not applicable | |
| Clearance: | Eight(8)feet | |
| Display: | Fuel pricing displays may consist of changeable LED numbers |
|
| Freestanding | Quantity: | One(1) per business |
| Sign Type | Sign Requirements | |
| --- | --- | --- |
| Area: | Sixty-four(64)square feet | |
| Width: | Eight(8)feet | |
| Height: | Eighteen(18)feet | |
| Depth/Projection: | Not applicable | |
| Clearance: | Eight(8)feet minimum | |
| Valance Height: | Not applicable | |
| Distance to Curb: | Not applicable |
87.2.7 Master Sign Plan. A plan to strategically coordinate signs appurtenant to any permitted use to identify or advertise multiple places of businesses for large sites, buildings, nonresidential multi-tenant developments, or adjacent or adjoining properties or parcels.
87.2.7.1Sites greater than one (1) acre, or with tenant spaces above the first floor, or any nonresidential development, building, or property with four (4) or more tenants must submit a Master Sign Plan;
87.2.7.2The Master Sign Plan shall provide a coordinated approach to signage that indicates where signage is proposed;
87.2.7.3A Master Sign Plan shall be principally permitted if in accordance with subsection 314-87.2.6.5;
87.2.7.4A Special Permit shall be required if the Master Sign Plan proposes signage that is not in accordance with subsection 31487.2.6.5, which would allow:
87.2.7.4.1Transfers of maximum sign areas between tenants on a site to allow the collective total sign area permitted for the entire site to be pooled and re-allocated between tenants; and
87.2.7.4.2Deviation from the total number of each type of sign allowed; and
87.2.7.4.3Deviation from the maximum size of signs permitted.
87.2.8 Murals. Murals, decorations, and design elements on the exterior of a building that do not advertise a product, business, or service shall be principally permitted and are not subject to the requirements of this section. Advertisement includes text displaying the name of a business, text displaying the name of a product, text publicizing a service, business-specific logos, and product-specific logos.
87.2.9 Creative Signs. Signs with no more than forty percent (40%) of the total sign area digitally printed and of unique design, thoughtfulness, imagination, inventiveness, and spirit, which deviate from the standards in this section while minimizing adverse impacts.
87.2.9.1 Review. Creative signs shall be reviewed and approved by the Zoning Administrator and may require modifications to the proposed Creative Sign including limits on allowed sign types, area, dimensions, placement, materials, and other sign design features.
87.2.9.2 Permit Requirements. Creative signs shall be permitted with a Special Permit.
87.2.9.3 Design Standards. Creative signs shall meet all of the General Design Standards and incorporate three (3) or more of the Sign Features, Materials, and Contextual Criteria provided in this subsection.
87.2.9.3.1 General Design. ¶
87.2.9.3.1.1The sign constitutes a substantial aesthetic improvement to the site and has a positive visual impact on the surrounding area; and
87.2.9.3.1.2The sign is of unique design, and exhibits a high degree of thoughtfulness, imagination, inventiveness, and spirit; and
87.2.9.3.1.3The sign is of a higher creative, artistic, and/or sculptural nature than the average sign typically found in Humboldt County; and
87.2.9.3.1.4The sign provides strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.
87.2.9.3.2 Sign Features, Materials, and Contextual Criteria.
87.2.9.3.2.1Materials of a higher quality than typically used for signs in Humboldt County (e.g., stone, sculptural steel, sandblasted wood, gold leaf, hand-painted content with an artistic mural-like component).
87.2.9.3.2.2Projecting, recessed, or cut-out text (e.g., push-through illuminated acrylic letters, routed letters, routed metal).
87.2.9.3.2.3Use of natural features to creatively display a business name (e.g., trimmed hedges, etched rock features, botanical arrangements).
87.2.9.3.2.4Creative and unique use of clearly visible high-quality landscaping with an area greater than the minimum required for the sign or site, whichever is more.
87.2.9.3.2.5Clearly visible three-dimensionality where a notable proportion of the structure or form of the sign includes multiple deviations from a parallel plane (e.g., a sphere, a half-sphere, sculptural elements, a fully three-dimensional beer mug).
87.2.9.3.2.6Sign design successfully emulates the architecture of the building (e.g., a sign with roof-like covering that matches the general design of the roof of the building it serves).
87.2.9.3.2.7Highly irregular multi-dimensional sign shape (e.g., a sign that has at least five (5) or more straight sides, a sign that has a few straight sides and multiple variable rounded sides, a sign with an unusually disproportionate height-to-width ratio).
87.2.9.3.2.8At least fifty percent (50%) of the sign area includes custom artistic illustrations.
87.2.9.3.2.9Sign shape includes inventive representation of the use, name, or logo of the structure or business (e.g., a fish-shaped sign for a fishing store).
87.2.10 Existing Billboards. It is the objective of this section to provide regulations to implement General Plan provisions to regulate Billboards consistent with the Outdoor Advertising Act.
87.2.10.1Existing billboard, an advertising display affixed to any post within six hundred sixty (660) feet of a state highway, freeway, or historic highway or freeway that was lawfully erected in compliance with State laws and local ordinances in effect at the time of its erection;
87.2.10.2Failure to provide the Planning and Building Department an active and compliant Outdoor Advertising Display Permit when such permit is required by State law is evidence that the structure does not qualify as an existing billboard which may require removal of the structure consistent with the Outdoor Advertising Act;
87.2.10.3Placement shall not be permitted unless otherwise allowable:
87.2.10.3.1Placement includes, but is not limited to, the following activities:
87.2.10.3.1.1Raising the height of the display from ground level;
87.2.10.3.1.2Alteration of existing size dimensions of approved physical configuration;
87.2.10.3.1.3Relocating all or a portion of a display;
87.2.10.3.1.4Adding a back-up facing to a single-facing display;
87.2.10.3.1.5Turning the direction of a facing;
87.2.10.3.1.6Addition of an electrical box;
87.2.10.3.1.7Adding illumination or a changeable message, with the exception of light boxes;
87.2.10.3.1.8Increasing any dimension of a facing except when adding an extension to an outside dimension of a display as incident to the copy for a temporary period up to three (3) years;
87.2.10.3.1.9Re-erection of a destroyed advertising display where “destroyed” is defined as damaged to the extent it loses functionality so as to be rendered useless and can no longer function as an advertising surface;
87.2.10.3.1.10The maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible any advertising display on or to the ground of any tree, bush, rock, fence, post, wall, building, structure or thing when not performed incident to the change of an advertising message or customary maintenance, as defined by the Outdoor Advertising Act, of the advertising display;
87.2.10.3.1.11Maintenance using materials other than those materials and dimensions of supporting members found on the existing sign.
87.2.10.3.2Placement shall be allowable if the following conditions are met:
87.2.10.3.2.1An advertising display has been damaged by natural forces and accidental incidents to the extent it loses functionality so as to be rendered useless and needs to be re-erected; and
87.2.10.3.2.2The destroyed advertising display is not located on public land, public easements on Natural Resource zoned properties, within bodies of water, flood hazard areas, streamside management areas, sensitive habitats, scenic resources or wetlands; and
87.2.10.3.2.3A conditional use permit with a term limit of fifteen (15) years has been approved; and
87.2.10.3.2.4A building permit has been issued.
87.2.10.4Unauthorized placement activities will be declared a public nuisance as defined by Section 351-3 and considered a Category 4 Violation as defined by Section 352-3(h) and Section 352-6.
87.2.10.5The County may declare its intent to require removal of an existing billboard by providing the existing billboard owner notice of such intent a minimum of seven (7) years prior to actual removal of the sign. Upon the expiration of the designated time period, the County may require removal in accordance with the requirements of the Outdoor Advertising Act. The removal of the billboard structure and restoration of the site to its original condition shall be completed within thirty (30) days of compensation. If the permit holder and property owner fail to remove the billboard structure and restore the site within the designated time period, the billboard shall be declared a public nuisance as defined by Section 351-3 and considered a Category 4 Violation as defined by Section 352-3(h) and Section 352-6.
87.2.11 Directional Signs. ¶
87.2.11.1 Signs Permitted. Directional signs and/or guide signs shall be located in any zone to indicate directions to public recreational areas, visitor serving facilities, and any other facilities for which the Director has determined that such a sign is necessary for the public convenience and/or safety.
87.2.11.2 Location. Signs shall be located only where visible from the path of travel for pedestrians, bicyclists, and vehicles.
87.2.11.3 Design Criteria. ¶
87.2.11.3.1Directional signs shall contain only the name of the use(s), a directional arrow or a directional statement, and the approximate distance to the use(s).
87.2.11.3.2Where feasible, directional signs shall be designed to accommodate more than one use.
87.2.11.3.3The display surface of any such sign shall not exceed twenty-four (24) by twenty-four (24) inches for each use, with a maximum aggregate area of display surface not to exceed one hundred (100) square feet.
87.2.11.4 Permit Required. A Special Permit is required for placement of a directional sign in any zone.
87.2.12 Design Standards. ¶
87.2.12.1 Illumination. ¶
87.2.12.1.1Signs in nonresidential zoning districts may be internally or externally illuminated except where specifically prohibited.
87.2.12.1.2Signs in Residential Zoning Districts shall only be externally illuminated and must be located at least fifty (50) feet from any residence.
87.2.12.1.3Light sources must be steady, stationary, and static in color and shall utilize full-cutoff lighting, downward casting, shielding, visors, etc.
87.2.12.1.4 Lighting shall be limited as follows: ¶
87.2.12.1.4.1During hours between sunset and sunrise, luminance is limited to one hundred (100) candela per square meter.
87.2.12.1.4.2Each sign must either be designed to achieve this standard or have a light sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change.
87.2.12.1.5The light source for externally illuminated signs must be shielded and positioned so that light is only concentrated on the face of the sign and is not visible from adjacent properties or from a public street.
87.2.12.1.6Lighting shall use the lowest lumen level necessary to be visible from the property line.
87.2.12.1.7Lighting shall only be operated between sunrise and sunset or thirty (30) minutes before opening and after closing.
87.2.12.1.8Exposed bulbs are not permitted except as part of a Creative Sign Permit.
87.2.12.1.9Design features consisting of neon or other small-diameter tubing illuminated by fluorescing gas is not allowed as part of any type of sign, except as allowed as window signage in subsection 314-87.2.6.5.
87.2.13 Prohibited Signs. The following signs and sign materials are prohibited:
87.2.13.1 Digital, Animated or Changeable Copy Signs. Signs that include any part that appears to rotate, flash, blink, move, change color, emit sound, or change intensity, except for approved fuel price signs, standard barber poles, and time and temperature signs that are located in commercial and industrial zones. This includes but is not limited to electronic message boards, large television or projector screens, etc., except when placed on such property by the public agency having jurisdiction or expressly authorized by such public agency.
87.2.13.2 New Billboards. A structure with a flat surface upon which an advertisement is placed or affixed to any post within six hundred sixty (660) feet of a state highway or freeway, except as described by subsection 314-87.2.10.3.2.
87.2.13.3 Off-Premises Signs. Signs that are not appurtenant to a use associated with the property in which the sign is located.
87.2.13.4 Decorative Signs. Banner signs, yard signs, and inflatable signs, except when used as a temporary sign consistent with subsection 314-87.2.3 (Temporary Signs).
87.2.13.5 Hazardous Signs. Signs adversely affecting traffic control or safety. Any sign that creates a traffic safety hazard by interfering with an individual’s sight distance, including signs visible from any public road, street or right-of-way containing colors or reflective paint that blinds the vision of drivers, or signs which simulate or imitate the appearance of any traffic sign or signal, or which makes use of the words "STOP," "GO," "SLOW," "TURN HERE," "DANGER," or contain other words, phrases, symbols or characters otherwise likely to interfere with, mislead or confuse drivers.
ible from any public road, street or right-of-way containing colors or reflective paint that blinds the vision of drivers, or signs which simulate or imitate the appearance of any traffic sign or signal, or which makes use of the words "STOP," "GO," "SLOW," "TURN HERE," "DANGER," or contain other words, phrases, symbols or characters otherwise likely to interfere with, mislead or confuse drivers.
87.2.13.6 Obsolete Signs. Any appurtenant sign face identifying a use or activity that has not occupied the site for more than six (6) months. Any off-premises sign face advertising an activity that has not taken place for more than six (6) months. Any sign frame that has not been utilized within five (5) years.
87.2.13.7 Signs on Public Roads. Signs, including digital, animated or changeable copy signs, are not permitted on any public road or public road right-of-way, except as permitted by the Department of Public Works. This includes, but is not limited to, permanent signs, portable signs, trailer-mounted signs, and vehicle-mounted signs.
87.2.13.8 Signs on Public Property. Signs, including digital, animated or changeable copy signs are not permitted on any public property; except as permitted by the public agency having jurisdiction or expressly authorized by such public agency.
87.2.13.9 Signs on Natural Features and Other Structures. Signs affixed to or painted on trees, rocks, or other natural features, or on utility poles, street sign poles, traffic signal equipment and poles, or garbage receptacles.
87.2.13.10 Roof Signs. Any sign erected, constructed and placed over the highest point of the roof or parapet of a building or of any architectural feature to which it is affixed.
87.2.13.11 Dilapidated Signs. Signs that have been declared a nuisance as defined by Section 351-3 and must be removed due to inadequate maintenance, dilapidation, or abandonment. (Ord. 2650, § 2, 9/1/2020; Ord. 2735, § 2, 4/9/2024) Your Selections
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87.1Repealed by Ord. 2650, § 2, 9/1/2020.
87.2 SIGNS ¶
87.2.1 Purpose. The purpose of these regulations is to: (1) ensure that signs within Humboldt County will promote public health, safety, and welfare, (2) promotes the use of signs that are of appropriate scale and compatible with nearby development and landscape, (3) promotes the free flow of traffic and protects pedestrians, cyclists and motorists from injury and property damage caused by distracting signs, and (4) supports businesses serving county residents, workers and visitors.
87.2.2 Applicability. These regulations shall be applicable to all signs in all zoning districts.
87.2.2.1 No Permit Required. No permit shall be required in the following circumstances:
87.2.2.1.1Changes to legal existing sign faces;
87.2.2.1.2Installation of historic plaques.
87.2.3 Nameplates. Nameplates are limited to a statement of the name, address and occupational designation of the occupant, and are not illuminated. Nameplates shall be principally permitted when attached to existing buildings appurtenant to any permitted use when conforming with all the following requirements:
87.2.3.1In U, FR, AE, AG, and FP Zones, one (1) nameplate not exceeding twenty (20) square feet;
87.2.3.2In any zone except RS, R-1 and R-2 Zones, one (1) nameplate not exceeding four (4) square feet;
87.2.3.3In all other zones, one (1) nameplate not exceeding two (2) square feet.
87.2.4 Temporary Signs. Temporary signs displayed for a limited period of time which do not exceed thirty-two (32) square feet in size shall be principally permitted in any zone when conforming with all the following requirements:
87.2.4.1Strings or individual banners, streamers, pennants and similar devices for business openings, temporary sales and events which are placed up to thirty (30) days prior and removed within ten (10) days after the opening.
87.2.4.2Political signs pertaining to a scheduled election which are placed up to ninety (90) days prior to the scheduled election and removed within ten (10) days after election day.
87.2.4.3Temporary signs advertising a special event being held by a public agency or nonprofit organization which are placed up to thirty (30) days prior and removed within ten (10) days after the event.
87.2.5 Property Sale Signs. Signs, not illuminated, to advertise the sale of property on which it is displayed shall be permitted when conforming with all the following regulations and removed within fifteen (15) days of the sale or lease of the property:
87.2.5.1In any zone, one (1) sign not exceeding six (6) square feet shall be principally permitted;
87.2.5.2In any Commercial or Industrial Zoning District, one (1) sign not exceeding thirty-two (32) square feet shall be principally permitted;
87.2.5.3Signs advertising the sale of lots in a subdivision shall be permitted with a Special Permit in any zone when not exceeding one hundred (100) square feet in the aggregate.
87.2.6 Appurtenant Signs. Signs, appurtenant to any permitted use, to identify or advertise a place of business or a product when conforming to the following requirements and the standards in subsection 314-87.2.6.5:
87.2.6.1In RS, R-1 or R-2 Zones, signs shall be prohibited unless otherwise allowed with a Use Permit.
87.2.6.2In Commercial or Industrial Zoning Districts, and Unclassified Zoning Districts when accompanied by a Commercial Services or Industrial General Land Use Designation, signs shall be principally permitted.
87.2.6.3 In all other zones, up to three (3) single-sided signs, or one (1) double-sided and one (1) single-sided sign not over seventy-five (75) square feet in the aggregate shall be permitted with a Special Permit, except when the site utilizes a Master Sign Plan consistent with subsection 314-87.2.7.
87.2.6.4Signs not consistent with subsection 314-87.2.6.5 shall be permitted with a conditional use permit.
Appurtenant Sign Types
87.2.6.5
==> picture [301 x 214] intentionally omitted <==
Appurtenant Sign Table
| Sign Type | Sign Requirements | |
|---|---|---|
| Monument | Quantity: | One(1) per frontage |
| Area: | Thirty-six(36)square feet | |
| Width: | Twelve(12)feet maximum | |
| Height: | Seven(7)feet maximum | |
| Depth/Projection: | Two(2)feet maximum | |
| Clearance: | Not applicable | |
| Projecting and Banner |
Quantity: | One(1) per facade |
| Area: | Twenty-five(25)square feet | |
| Width: | Eight(8)feet maximum | |
| Height: | Eight(8)feet maximum | |
| Depth/Projection: | Four(4)feet maximum | |
| Clearance: | Eight(8)feet minimum | |
| Distance to Curb: | Two(2)feet minimum | |
| Awning | Quantity: | One(1) per window |
| Area: | Not applicable | |
| Width: | Width of facade | |
| Height: | Not applicable | |
| Depth/Projection: | Four(4)feet maximum | |
| Clearance: | Eight(8)feet minimum | |
| Valance Height: | Twelve(12)inches maximum | |
| Distance to Curb: | Two(2)feet minimum | |
| Wall | Quantity: | Not specified |
| Sign Type | Sign Requirements | |
| --- | --- | --- |
| Area: | Two (2) square foot per linear foot of facade (not exceeding one hundred (100) square feetper facade) |
|
| Width: | Ninety (90) percent of the width of facade | |
| Height: | Roof line orparapet of the structure | |
| Depth/Projection: | Eighteen(18)inches maximum | |
| Clearance: | Seven(7)feet to sign edge minimum | |
| Window | Quantity: | Not applicable |
| Area: | Not more than twenty-five (25) percent of glass per facade, not including seasonal displays or decorations |
|
| Width: | Not applicable | |
| Height: | Not applicable | |
| Depth/ Projection: |
Not applicable | |
| Clearance: | Four(4)feet | |
| Illumination: | Design features may consist of neon or other small diameter tubing illuminated by fluorescing gas |
|
| A-Frame, Standing, and Feather Banner |
A-Frame and Standing | |
| Quantity: | Two (2) per business | |
| Area: | Eight (8) square feet | |
| Width: | Two (2) feet maximum |
|
| Height: | Four (4) feet maximum |
|
| Depth/ Projection: |
Cannot be placed within county right- of-way or obstruct ADA access |
|
| Clearance: | Not applicable | |
| Fuel Price Signs |
Quantity: | Two(2) per business |
| Area: | Sixty-four(64)square | |
| Width: | Eight(8)feet | |
| Height: | Eighteen(18)feet | |
| Depth/Projection: | Not applicable | |
| Clearance: | Eight(8)feet | |
| Display: | Fuel pricing displays may consist of changeable LED numbers |
|
| Freestanding | Quantity: | One(1) per business |
| Sign Type | Sign Requirements | |
| --- | --- | --- |
| Area: | Sixty-four(64)square feet | |
| Width: | Eight(8)feet | |
| Height: | Eighteen(18)feet | |
| Depth/Projection: | Not applicable | |
| Clearance: | Eight(8)feet minimum | |
| Valance Height: | Not applicable | |
| Distance to Curb: | Not applicable |
87.2.7 Master Sign Plan. A plan to strategically coordinate signs appurtenant to any permitted use to identify or advertise multiple places of businesses for large sites, buildings, nonresidential multi-tenant developments, or adjacent or adjoining properties or parcels.
87.2.7.1Sites greater than one (1) acre, or with tenant spaces above the first floor, or any nonresidential development, building, or property with four (4) or more tenants must submit a Master Sign Plan;
87.2.7.2The Master Sign Plan shall provide a coordinated approach to signage that indicates where signage is proposed;
87.2.7.3A Master Sign Plan shall be principally permitted if in accordance with subsection 314-87.2.6.5;
87.2.7.4A Special Permit shall be required if the Master Sign Plan proposes signage that is not in accordance with subsection 31487.2.6.5, which would allow:
87.2.7.4.1Transfers of maximum sign areas between tenants on a site to allow the collective total sign area permitted for the entire site to be pooled and re-allocated between tenants; and
87.2.7.4.2Deviation from the total number of each type of sign allowed; and
87.2.7.4.3Deviation from the maximum size of signs permitted.
87.2.8 Murals. Murals, decorations, and design elements on the exterior of a building that do not advertise a product, business, or service shall be principally permitted and are not subject to the requirements of this section. Advertisement includes text displaying the name of a business, text displaying the name of a product, text publicizing a service, business-specific logos, and product-specific logos.
87.2.9 Creative Signs. Signs with no more than forty percent (40%) of the total sign area digitally printed and of unique design, thoughtfulness, imagination, inventiveness, and spirit, which deviate from the standards in this section while minimizing adverse impacts.
87.2.9.1 Review. Creative signs shall be reviewed and approved by the Zoning Administrator and may require modifications to the proposed Creative Sign including limits on allowed sign types, area, dimensions, placement, materials, and other sign design features.
87.2.9.2 Permit Requirements. Creative signs shall be permitted with a Special Permit.
87.2.9.3 Design Standards. Creative signs shall meet all of the General Design Standards and incorporate three (3) or more of the Sign Features, Materials, and Contextual Criteria provided in this subsection.
87.2.9.3.1 General Design. ¶
87.2.9.3.1.1The sign constitutes a substantial aesthetic improvement to the site and has a positive visual impact on the surrounding area; and
87.2.9.3.1.2The sign is of unique design, and exhibits a high degree of thoughtfulness, imagination, inventiveness, and spirit; and
87.2.9.3.1.3The sign is of a higher creative, artistic, and/or sculptural nature than the average sign typically found in Humboldt County; and
87.2.9.3.1.4The sign provides strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.
87.2.9.3.2 Sign Features, Materials, and Contextual Criteria.
87.2.9.3.2.1Materials of a higher quality than typically used for signs in Humboldt County (e.g., stone, sculptural steel, sandblasted wood, gold leaf, hand-painted content with an artistic mural-like component).
87.2.9.3.2.2Projecting, recessed, or cut-out text (e.g., push-through illuminated acrylic letters, routed letters, routed metal).
87.2.9.3.2.3Use of natural features to creatively display a business name (e.g., trimmed hedges, etched rock features, botanical arrangements).
87.2.9.3.2.4Creative and unique use of clearly visible high-quality landscaping with an area greater than the minimum required for the sign or site, whichever is more.
87.2.9.3.2.5Clearly visible three-dimensionality where a notable proportion of the structure or form of the sign includes multiple deviations from a parallel plane (e.g., a sphere, a half-sphere, sculptural elements, a fully three-dimensional beer mug).
87.2.9.3.2.6Sign design successfully emulates the architecture of the building (e.g., a sign with roof-like covering that matches the general design of the roof of the building it serves).
87.2.9.3.2.7Highly irregular multi-dimensional sign shape (e.g., a sign that has at least five (5) or more straight sides, a sign that has a few straight sides and multiple variable rounded sides, a sign with an unusually disproportionate height-to-width ratio).
87.2.9.3.2.8At least fifty percent (50%) of the sign area includes custom artistic illustrations.
87.2.9.3.2.9Sign shape includes inventive representation of the use, name, or logo of the structure or business (e.g., a fish-shaped sign for a fishing store).
87.2.10 Existing Billboards. It is the objective of this section to provide regulations to implement General Plan provisions to regulate Billboards consistent with the Outdoor Advertising Act.
87.2.10.1Existing billboard, an advertising display affixed to any post within six hundred sixty (660) feet of a state highway, freeway, or historic highway or freeway that was lawfully erected in compliance with State laws and local ordinances in effect at the time of its erection;
87.2.10.2Failure to provide the Planning and Building Department an active and compliant Outdoor Advertising Display Permit when such permit is required by State law is evidence that the structure does not qualify as an existing billboard which may require removal of the structure consistent with the Outdoor Advertising Act;
87.2.10.3Placement shall not be permitted unless otherwise allowable:
87.2.10.3.1Placement includes, but is not limited to, the following activities:
87.2.10.3.1.1Raising the height of the display from ground level;
87.2.10.3.1.2Alteration of existing size dimensions of approved physical configuration;
87.2.10.3.1.3Relocating all or a portion of a display;
87.2.10.3.1.4Adding a back-up facing to a single-facing display;
87.2.10.3.1.5Turning the direction of a facing;
87.2.10.3.1.6Addition of an electrical box;
87.2.10.3.1.7Adding illumination or a changeable message, with the exception of light boxes;
87.2.10.3.1.8Increasing any dimension of a facing except when adding an extension to an outside dimension of a display as incident to the copy for a temporary period up to three (3) years;
87.2.10.3.1.9Re-erection of a destroyed advertising display where “destroyed” is defined as damaged to the extent it loses functionality so as to be rendered useless and can no longer function as an advertising surface;
87.2.10.3.1.10The maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible any advertising display on or to the ground of any tree, bush, rock, fence, post, wall, building, structure or thing when not performed incident to the change of an advertising message or customary maintenance, as defined by the Outdoor Advertising Act, of the advertising display;
87.2.10.3.1.11Maintenance using materials other than those materials and dimensions of supporting members found on the existing sign.
87.2.10.3.2Placement shall be allowable if the following conditions are met:
87.2.10.3.2.1An advertising display has been damaged by natural forces and accidental incidents to the extent it loses functionality so as to be rendered useless and needs to be re-erected; and
87.2.10.3.2.2The destroyed advertising display is not located on public land, public easements on Natural Resource zoned properties, within bodies of water, flood hazard areas, streamside management areas, sensitive habitats, scenic resources or wetlands; and
87.2.10.3.2.3A conditional use permit with a term limit of fifteen (15) years has been approved; and
87.2.10.3.2.4A building permit has been issued.
87.2.10.4Unauthorized placement activities will be declared a public nuisance as defined by Section 351-3 and considered a Category 4 Violation as defined by Section 352-3(h) and Section 352-6.
87.2.10.5The County may declare its intent to require removal of an existing billboard by providing the existing billboard owner notice of such intent a minimum of seven (7) years prior to actual removal of the sign. Upon the expiration of the designated time period, the County may require removal in accordance with the requirements of the Outdoor Advertising Act. The removal of the billboard structure and restoration of the site to its original condition shall be completed within thirty (30) days of compensation. If the permit holder and property owner fail to remove the billboard structure and restore the site within the designated time period, the billboard shall be declared a public nuisance as defined by Section 351-3 and considered a Category 4 Violation as defined by Section 352-3(h) and Section 352-6.
87.2.11 Directional Signs. ¶
87.2.11.1 Signs Permitted. Directional signs and/or guide signs shall be located in any zone to indicate directions to public recreational areas, visitor serving facilities, and any other facilities for which the Director has determined that such a sign is necessary for the public convenience and/or safety.
87.2.11.2 Location. Signs shall be located only where visible from the path of travel for pedestrians, bicyclists, and vehicles.
87.2.11.3 Design Criteria. ¶
87.2.11.3.1Directional signs shall contain only the name of the use(s), a directional arrow or a directional statement, and the approximate distance to the use(s).
87.2.11.3.2Where feasible, directional signs shall be designed to accommodate more than one use.
87.2.11.3.3The display surface of any such sign shall not exceed twenty-four (24) by twenty-four (24) inches for each use, with a maximum aggregate area of display surface not to exceed one hundred (100) square feet.
87.2.11.4 Permit Required. A Special Permit is required for placement of a directional sign in any zone.
87.2.12 Design Standards. ¶
87.2.12.1 Illumination. ¶
87.2.12.1.1Signs in nonresidential zoning districts may be internally or externally illuminated except where specifically prohibited.
87.2.12.1.2Signs in Residential Zoning Districts shall only be externally illuminated and must be located at least fifty (50) feet from any residence.
87.2.12.1.3Light sources must be steady, stationary, and static in color and shall utilize full-cutoff lighting, downward casting, shielding, visors, etc.
87.2.12.1.4 Lighting shall be limited as follows: ¶
87.2.12.1.4.1During hours between sunset and sunrise, luminance is limited to one hundred (100) candela per square meter.
87.2.12.1.4.2Each sign must either be designed to achieve this standard or have a light sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change.
87.2.12.1.5The light source for externally illuminated signs must be shielded and positioned so that light is only concentrated on the face of the sign and is not visible from adjacent properties or from a public street.
87.2.12.1.6Lighting shall use the lowest lumen level necessary to be visible from the property line.
87.2.12.1.7Lighting shall only be operated between sunrise and sunset or thirty (30) minutes before opening and after closing.
87.2.12.1.8Exposed bulbs are not permitted except as part of a Creative Sign Permit.
87.2.12.1.9Design features consisting of neon or other small-diameter tubing illuminated by fluorescing gas is not allowed as part of any type of sign, except as allowed as window signage in subsection 314-87.2.6.5.
87.2.13 Prohibited Signs. The following signs and sign materials are prohibited:
87.2.13.1 Digital, Animated or Changeable Copy Signs. Signs that include any part that appears to rotate, flash, blink, move, change color, emit sound, or change intensity, except for approved fuel price signs, standard barber poles, and time and temperature signs that are located in commercial and industrial zones. This includes but is not limited to electronic message boards, large television or projector screens, etc., except when placed on such property by the public agency having jurisdiction or expressly authorized by such public agency.
87.2.13.2 New Billboards. A structure with a flat surface upon which an advertisement is placed or affixed to any post within six hundred sixty (660) feet of a state highway or freeway, except as described by subsection 314-87.2.10.3.2.
87.2.13.3 Off-Premises Signs. Signs that are not appurtenant to a use associated with the property in which the sign is located.
87.2.13.4 Decorative Signs. Banner signs, yard signs, and inflatable signs, except when used as a temporary sign consistent with subsection 314-87.2.3 (Temporary Signs).
87.2.13.5 Hazardous Signs. Signs adversely affecting traffic control or safety. Any sign that creates a traffic safety hazard by interfering with an individual’s sight distance, including signs visible from any public road, street or right-of-way containing colors or reflective paint that blinds the vision of drivers, or signs which simulate or imitate the appearance of any traffic sign or signal, or which makes use of the words "STOP," "GO," "SLOW," "TURN HERE," "DANGER," or contain other words, phrases, symbols or characters otherwise likely to interfere with, mislead or confuse drivers.
ible from any public road, street or right-of-way containing colors or reflective paint that blinds the vision of drivers, or signs which simulate or imitate the appearance of any traffic sign or signal, or which makes use of the words "STOP," "GO," "SLOW," "TURN HERE," "DANGER," or contain other words, phrases, symbols or characters otherwise likely to interfere with, mislead or confuse drivers.
87.2.13.6 Obsolete Signs. Any appurtenant sign face identifying a use or activity that has not occupied the site for more than six (6) months. Any off-premises sign face advertising an activity that has not taken place for more than six (6) months. Any sign frame that has not been utilized within five (5) years.
87.2.13.7 Signs on Public Roads. Signs, including digital, animated or changeable copy signs, are not permitted on any public road or public road right-of-way, except as permitted by the Department of Public Works. This includes, but is not limited to, permanent signs, portable signs, trailer-mounted signs, and vehicle-mounted signs.
87.2.13.8 Signs on Public Property. Signs, including digital, animated or changeable copy signs are not permitted on any public property; except as permitted by the public agency having jurisdiction or expressly authorized by such public agency.
87.2.13.9 Signs on Natural Features and Other Structures. Signs affixed to or painted on trees, rocks, or other natural features, or on utility poles, street sign poles, traffic signal equipment and poles, or garbage receptacles.
87.2.13.10 Roof Signs. Any sign erected, constructed and placed over the highest point of the roof or parapet of a building or of any architectural feature to which it is affixed.
87.2.13.11 Dilapidated Signs. Signs that have been declared a nuisance as defined by Section 351-3 and must be removed due to inadequate maintenance, dilapidation, or abandonment. (Ord. 2650, § 2, 9/1/2020; Ord. 2735, § 2, 4/9/2024) Your Selections
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88.1 TEMPORARY STRUCTURES ¶
88.1.1 Tract Offices. Temporary tract offices located on the premises of the subdivision shall be allowed with a Use Permit in conjunction with the sale of lots in a subdivision. (Former Section INL#316-20; Ord. 519, Sec. 620, 5/11/65)
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88.1 TEMPORARY STRUCTURES ¶
88.1.1 Tract Offices. Temporary tract offices located on the premises of the subdivision shall be allowed with a Use Permit in conjunction with the sale of lots in a subdivision. (Former Section INL#316-20; Ord. 519, Sec. 620, 5/11/65)
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91.2 WIRELESS TELECOMMUNICATIONS FACILITIES ¶
91.2.1 Purpose. The purpose and intent of this section is to provide a reasonable, uniform and comprehensive set of standards and procedures for the deployment, construction, installation, co-location, modification, operation and removal of wireless telecommunications facilities within the unincorporated areas of Humboldt County, consistent with and to the extent permitted under Federal and California State law. These regulations are intended to protect and promote the public health, safety and welfare of the residents of the unincorporated areas of Humboldt County, to protect aesthetic values, to achieve reliable communications, including high-speed broadband, to every resident, business and institution, to encourage siting in preferred locations to expand service to unserved and underserved areas, to help minimize visual blight and preserve the County’s rural character, including the protection of scenic, natural and cultural resources, and to minimize the intrusion of these uses into residential areas.
91.2.2 Applicability. Except as expressly provided otherwise in this section, these provisions shall be applicable to all telecommunications facilities within the County’s jurisdiction.
91.2.3 Definitions. ¶
91.2.3.1“Antenna” means communications equipment that transmits and/or captures radio electromagnetic waves.
91.2.3.2“Base station” means a structure or equipment at a fixed location that enables Federal Communications Commission licensed or authorized wireless communications between user equipment and a communications network.
91.2.3.3Camouflage. See “Concealment element.”
91.2.3.4“Co-location” means mounting or installing an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, whether or not there is an existing antenna on the structure.
91.2.3.5“Concealment element” means the design features of a facility which hide that it is a wireless tower or base station. Concealment elements include but are not limited to (1) faux tree design; (2) faux water tank design; (3) faux flagpole design; (4) facilities under cupolas; and (5) architectural addition consistent in style to existing structure, including existing wireless facilities.
91.2.3.6“Decorative pole” means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public right-of-way in which the pole is located.
91.2.3.7“Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
91.2.3.7.1Co-location of new transmission equipment;
91.2.3.7.2Removal of transmission equipment; or
91.2.3.7.3Replacement of transmission equipment.
91.2.3.8Equipment Building. See “Base station.”
91.2.3.9Facility. “See wireless telecommunications facility.”
91.2.3.10“Faux trees” means camouflaged monopoles made to resemble different types of trees.
91.2.3.11“FCC shot clock” means the presumptively reasonable time frame within which the County must act on a wireless application, as defined by the Federal Communications Commission (FCC) and as may be amended from time to time.
91.2.3.12“Guyed tower” means a wireless communication mast or tower that is supported, in whole or in part, by guy wires and ground anchors.
91.2.3.13“High visibility facilities” means facilities that are not effectively integrated into the natural and/or built environment and would stand out to the average, untrained observer. High visibility facilities include, but are not limited to: (1) lattice towers and guyed towers; (2) all facilities that exceed the maximum height of the underlying zoning; (3) facilities that are neither invisible nor stealth design.
y facilities” means facilities that are not effectively integrated into the natural and/or built environment and would stand out to the average, untrained observer. High visibility facilities include, but are not limited to: (1) lattice towers and guyed towers; (2) all facilities that exceed the maximum height of the underlying zoning; (3) facilities that are neither invisible nor stealth design.
91.2.3.14“Invisible facilities” means wireless telecommunications facilities including, but not limited to, towers, poles, antennas, equipment buildings and any other ancillary equipment, that cannot be seen from any street, public trail, public recreation area, place of public use or adjacent properties, and that do not result in any apparent architectural changes or additions to a structure or facility. The addition of landscaping, walls, fences or grading as screening techniques does not meet the definition of invisible.
91.2.3.15“Lattice tower” means a guyed or self-supporting three (3) or four (4) sided, open, steel-frame support structure used to support wireless communications equipment.
91.2.3.16“Monopole” means a wireless telecommunications facility consisting of a single pole constructed without guy wires and ground anchors.
91.2.3.17“Public safety communications facilities” means wireless telecommunications facilities operated and maintained by public agencies that support public safety communications systems, which provide wireless communications to law enforcement, fire services, emergency medical services, and other public safety/service agencies. These facilities are considered essential services pursuant to Section 1335.
91.2.3.18“Roof-mounted antenna” means any antenna with its support structure placed directly on the roof of any building.
91.2.3.19“Service area” means the area served by a single wireless telecommunications facility.
91.2.3.20“Service network” means the wireless communication transmission system operated by a service provider in a community or jurisdiction.
91.2.3.21“Small cell wireless facility (SCWF)” means the same as defined in 47 C.F.R. § 1.6002(l), as may be amended or superseded, which defines the term as follows:
91.2.3.21.1The facilities:
91.2.3.21.1.1Are mounted on structures fifty (50) feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or
91.2.3.21.1.2Are mounted on structures no more than ten percent (10%) taller than other adjacent structures; or
91.2.3.21.1.3Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten percent (10%), whichever is greater;
91.2.3.21.2Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d), is no more than three (3) cubic feet in volume;
91.2.3.21.3All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;
91.2.3.21.4The facilities do not require antenna structure registration under 47 C.F.R., Chapter 1;
91.2.3.21.5The facilities are not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and
91.2.3.21.6The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).
91.2.3.22“Stealth design” means a design or treatment that minimizes adverse aesthetic and visual impacts. Stealth design facilities visually and operationally blend into the surrounding area in a manner consistent with existing development and the natural environment by means of camouflaging, disguising, and/or screening.
91.2.3.23“Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
91.2.3.24“Telecommunications tower” means any mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support antennas.
91.2.3.25Tower. See “Telecommunications tower.”
91.2.3.26“Utility pole” means any aboveground pole used to support electrical, telephone, cable, and internet wires.
91.2.3.27“Wireless telecommunications facility” means any facility that provides wireless telecommunications services. This includes but is not limited to antennas and other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting said equipment, base stations, parking area and other accessory development. Also known as a wireless communications facility. This definition does not apply to amateur radio stations as defined by the FCC, in 47 C.F.R., Part 97 of the Commission’s Rules nor to TV and radio transmission facilities, nor to public safety communications facilities.
91.2.4 Wireless Telecommunications Facility Application Process. Applications shall be processed based upon a three (3) tier permitting system. Applications for facilities within the right-of-way shall also require an encroachment permit from the Department of Public Works.
91.2.4.1 Tier 1 – No Public Hearing Required.
91.2.4.1.1 Zoning Clearance Certificate Required. These facilities shall be allowed as principally permitted uses without the need for a public hearing. A facility meeting the following criteria shall be subject to a zoning clearance certificate:
91.2.4.1.1.1 Eligible Facilities Requests (Co-Location, Removal or Replacement of Transmission Equipment). Eligible facilities requests may be permitted with a zoning clearance certificate. If any of the following is true of a proposed co-located facility, the application does not qualify as an eligible facilities request:
91.2.4.1.1.1.1 Height. It increases the height of the structure by:
91.2.4.1.1.1.1.1For towers outside the right-of-way: More than the greater of (a) ten percent (10%) or (b) the height of one (1) additional antenna array, plus up to twenty (20) feet of separation from the nearest existing array.
91.2.4.1.1.1.1.2For towers inside the right-of-way and base stations: More than the greater of ten percent (10%) or ten (10) feet.
91.2.4.1.1.1.2 Width. It involves adding an appurtenance to the body of the tower:
91.2.4.1.1.1.2.1For towers outside the right-of-way: That would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater.
91.2.4.1.1.1.2.2For towers inside the right-of-way or base stations: That would protrude from the edge of the structure by more than six (6) feet.
91.2.4.1.1.1.3 Cabinets. It involves installation of more than four (4) cabinets as part of that modification.
91.2.4.1.1.1.3.1For towers inside the right-of-way or base stations, it is also a substantial change if it involves installation of ground cabinets where there are none, or that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets.
91.2.4.1.1.1.4 Site. It involves excavation or deployment outside of the current site, except for towers outside of the right-of-way, it involves excavation or deployment outside of the current site by more than thirty (30) feet in any direction, not including any access or utility easements.
91.2.4.1.1.1.5 Concealment. It would defeat the concealment elements of the eligible support structure. This only applies to a structure that is designed and originally permitted to look like something other than a wireless facility.
91.2.4.1.1.1.6 Siting Conditions. It does not comply with the conditions in the siting approval of the eligible support structure, unless this noncompliance meets the other thresholds under 47 U.S.C. Section 1455(a).
91.2.4.1.1.2New non-SCWF in Commercial and Industrial Zoning Districts (Sections 314-2 and 314-3) except when the facility does not meet the height and setback requirements of the underlying zone and/or the facility is within view of a designated California State Scenic Highway.
91.2.4.1.1.3New and co-located SCWF excepting those in:
91.2.4.1.1.3.1Residential Zone Districts (Section 314-6); and
91.2.4.1.1.3.2Resource Zone Districts (Section 314-7).
91.2.4.1.2 Design Review Required. These facilities shall be allowed only if certain design criteria are met. A facility meeting the following criteria shall be subject to telecommunications facilities design review:
91.2.4.1.2.1New, invisible non-SCWF, excepting in Residential Zone Districts (Section 314-6), Agriculture Exclusive Zone (Section 3147.1), Timberland Production Zone (Section 314-7.4), and Timberland Exclusive Zone (Section 314-7.5).
91.2.4.1.2.2New SCWF within three hundred (300) feet of an existing residence.
91.2.4.1.3 Co-Location of SCWF and Non-SCWF That Do Not Qualify for a Zoning Clearance Certificate. Pursuant to Government Code Section 65850.6, as may be amended or superseded, this applies when a facility that does not qualify as an eligible facilities request would be co-located on a facility previously approved with only a ministerial permit.
91.2.4.2 Tier 2 – Special Permit Required. Facilities meeting any of the following criteria shall require a special permit:
91.2.4.2.1All SCWF and non-SCWF that do not meet the criteria of Tier 1 or Tier 3.
91.2.4.3 Tier 3 – Use Permit Required. Facilities meeting the following criteria shall require a conditional use permit:
91.2.4.3.1New, non-SCWF in Residential Zone Districts (Section 314-6).
- 91.2.4.3.2All SCWF and non-SCWF in Agriculture Exclusive Zone (Section 314 7.1), Timberland Production Zone (Section 314 7.4), - and Timberland Exclusive Zone (Section 314 7.5), except those meeting the criteria for Tier 1.
91.2.4.3.3 Any Other Zoning District. ¶
91.2.4.3.3.1New non-SCWF that exceed the maximum height of the underlying zone, except when meeting the criteria for Tier 1.
91.2.4.3.3.2New high-visibility non-SCWF facilities, except when meeting the criteria of Tier 1.
91.2.4.3.3.3New non-SCWF located on ridgetops or hilltops, in all zones.
91.2.4.4 Encroachment Permit. In addition to meeting all requirements for the appropriate tier, an encroachment permit issued pursuant to Section 411-1 et seq. is required for any facility proposed within a County-maintained road right-of-way.
91.2.5 General Regulations. ¶
91.2.5.1 Setbacks. ¶
91.2.5.1.1No tower or equipment buildings shall be located in a front, rear or side yard setback in any zone and no portion of any antenna array shall extend beyond the property lines.
91.2.5.1.2Telecommunications towers located adjacent to a residential use shall be set back from the nearest residential lot line by a distance at least equal to its total height or fifty (50) feet, whichever is greater. The setback shall be measured from that part of the tower that is closest to the neighboring property (i.e., the setback for a faux tree would be measured from the end of the branch closest to the neighboring property).
91.2.5.2 Right-of-Way. Non-SCWF shall not be located within a County-maintained road right-of-way unless it can be factually established that the facilities would not incommode or inconvenience the public use thereof.
91.2.5.3 Backup Power Sources. Renewable sources of energy for emergency backup power are encouraged, but not required.
91.2.5.4 Noise. Routine noise from any equipment supporting the facility shall not exceed fifty (50) dB or the ambient noise levels, whichever is lower. Backup generators shall be used on a temporary basis only. Noise levels from backup generators shall not exceed sixty (60) dB. Noise-attenuating structures may be required.
91.2.5.5 Base Station Size. All equipment buildings may not exceed ten (10) feet in height measured from the base of the foundation unless a greater height is necessary to maximize architectural integration and shall be screened by landscaping.
91.2.5.6 Underground Utility Districts. All wireless telecommunications infrastructure, including but not limited to SCWFs, proposed in an underground utility district shall comply with all of the requirements of that district in addition to the requirements of this chapter.
91.2.5.7 Security. Equipment buildings and facilities shall be secured to prevent unauthorized access.
91.2.5.8 Hazard to Flight. SCWF shall not be installed or operated in locations where the Federal Aviation Administration (FAA) has determined that the infrastructure poses a hazard to flight.
91.2.5.9 Special Provisions in Residential Zones (Section 314-6). ¶
91.2.5.9.1Lattice towers and guyed towers are prohibited in Residential Zones.
91.2.5.9.2Noise from routine operations and from backup generators shall not exceed fifty (50) dB or ambient, whichever is higher. This may require placement of equipment in a noise-attenuating structure.
91.2.5.10The Planning Commission may waive or modify standards and requirements based on specific findings that demonstrate necessity and no detriment to public health safety and welfare, or based on finding that strict compliance would effectively prohibit the applicant’s ability to provide wireless telecommunications services. The applicant must clearly and factually demonstrate that:
91.2.5.10.1The proposed facility qualifies as a “personal wireless service facility” as defined in 47 U.S.C. Section 332(c)(7)(C)(ii), as may be amended or superseded;
91.2.5.10.2A reasonable and clearly defined coverage or capacity objective would be achieved by the proposed wireless facility;
91.2.5.10.3The proposed wireless facility cannot be deployed in compliance with the applicable provisions in this chapter;
91.2.5.10.4All alternative locations and/or designs identified in the administrative record (whether suggested by the applicant or the County) are not technically feasible or potentially available to reasonably achieve the applicant’s reasonable technical service objective;
91.2.5.10.5The proposed location and design is the least noncompliant configuration that will reasonably achieve the coverage or capacity objective, which includes a meaningful comparative analysis into multiple smaller or less intrusive wireless facilities dispersed throughout the intended service area, as appropriate.
91.2.5.11 Conditional Approvals – Denials Without Prejudice. Subject to any applicable Federal or California laws or regulations, nothing in this chapter is intended to limit the ability of the Planning Director, the Zoning Administrator, or the Planning Commission
to conditionally approve or deny without prejudice any permit application as may be necessary or appropriate to ensure compliance with this section.
91.2.5.12 Appeals. Any decision to approve, conditionally approve or deny a design review or special permit shall be appealable to the Planning Commission. Any decision by the Planning Commission to approve, conditionally approve or deny a project shall be appealable to the Board of Supervisors. Appeals shall be filed pursuant to Section 312-13.1.
91.2.6 Design Standards – SCWF.
91.2.6.1SCWF shall be invisible or stealth design.
91.2.6.2SCWF facilities within a County-maintained road right-of-way shall comply with the following:
91.2.6.2.1Not Used
91.2.6.2.2 Accessibility. SCWF shall not be constructed to create a barrier under Federal and State Americans with Disabilities Act (ADA). In addition, an unobstructed five (5) foot wide path of travel shall be provided where SCWF are constructed that would otherwise reduce the existing width of the sidewalk.
91.2.6.2.3 Prohibited Locations. SCWF shall not be mounted on any traffic control device and their appurtenances, including, but not limited to, signs, sign supports, traffic signals, and traffic signal appurtenances.
91.2.6.2.4 Future Roadway Improvements. Where SCWF are constructed on a road where there is no existing sidewalk, the SCWF and appurtenances shall be positioned to accommodate the future construction of sidewalks without the need to relocate facilities. Applicant shall at no cost to the County relocate, remove, and/or adjust such facilities to accommodate County road improvement projects.
91.2.6.2.5 Underground Districts. Where an Underground Utility District has been established pursuant to Section 361-3, no new poles may be constructed. Existing poles may be replaced to accommodate SCWF.
91.2.6.2.6 Lights. SCWF shall not include any lights that would be visible from publicly accessible areas, except as may be required under Federal Aviation Administration (FAA), FCC, or other applicable regulations for health and safety. All equipment with lights (such as indicator or status lights) must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas. The provisions in this subsection shall not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required under this chapter.
91.2.6.2.7 Landscape Features. SCWF shall not displace any existing landscape features unless: (a) such displaced landscaping is replaced with native and/or drought-resistant plants, trees or other landscape features approved by the Director of Public Works and (b) the applicant submits and adheres to a landscape maintenance plan. The landscape plan must include existing vegetation, and vegetation proposed to be removed or trimmed, and the landscape plan must identify proposed landscaping by species type, size and location.
91.2.6.2.8 Site Security Measures. SCWF may incorporate reasonable and appropriate site security measures, such as locks and anticlimbing devices, to prevent unauthorized access, theft or vandalism. The Director of Public Works shall not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures. All exterior surfaces on SCWF shall be constructed from or coated with graffiti-resistant materials.
91.2.6.2.9 Signage – Advertisements. All SCWF must include signage that accurately identifies the site owner/operator, the owner/operator’s site name or identification number, and a toll-free number to the owner/operator’s network operations center. As approved by the Director of Public Works, SCWF may not bear any other signage or advertisements unless expressly approved by the Director of Public Works, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations.
ame or identification number, and a toll-free number to the owner/operator’s network operations center. As approved by the Director of Public Works, SCWF may not bear any other signage or advertisements unless expressly approved by the Director of Public Works, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations.
91.2.6.2.10 Compliance with Health and Safety Regulations. All SCWF shall be designed, constructed, operated, and maintained in compliance with all generally applicable health and safety regulations, which includes without limitation all applicable regulations for human exposure to RF emissions, the Americans with Disabilities Act, California Building Standards Code and County Code.
91.2.6.2.11 Overall Height. SCWF may not exceed either (a) the minimum separation from electrical lines required by applicable safety regulations (such as CPUC General Order 95, Rules for Overhead Construction Lines), plus four (4) feet or (b) four (4) feet above the existing support structure. However, at no point shall an existing support structure be increased by more than ten (10) feet above existing height.
91.2.6.2.12 Antennas. ¶
91.2.6.2.12.1 Concealment. All antennas and associated mounting equipment, hardware, cables, or other connecters must be completely concealed within an opaque antenna shroud or radome. The antenna shroud or radome must be graffiti-resistant and painted a flat, nonreflective color to match the underlying support structure.
91.2.6.2.12.2 Antenna Volume. Each individual antenna may not exceed three (3) cubic feet in volume and all antennas may not exceed six (6) cubic feet in volume.
91.2.6.2.13 Accessory Equipment. ¶
91.2.6.2.13.1 Installation Preferences. All nonantenna accessory equipment shall be installed in accordance with the following preferences, ordered from most preferred to least preferred:
91.2.6.2.13.1.1Underground;
91.2.6.2.13.1.2On the pole or support structure; or
91.2.6.2.13.1.3Integrated into the base of the pole or support structure.
Applications that involve lesser-preferred installation locations may be approved so long as the applicant demonstrates that a more preferred installation location would be technically infeasible as supported by clear and convincing evidence in the written record.
91.2.6.2.13.2 Undergrounded Accessory Equipment. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load-rated to meet the County’s standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip-resistant cover. Vents for airflow shall be flush to grade when placed within the sidewalk and may not exceed two (2) feet above grade when placed off the sidewalk. Applicants shall not be permitted to install an underground vault in a location that would cause any existing tree to be materially damaged or displaced.
91.2.6.2.13.3 Pole-Mounted Accessory Equipment. All pole-mounted accessory equipment must be installed at least ten (10) feet above grade and flush to the pole to minimize the overall visual profile. If any applicable health and safety regulations prohibit flushmounted equipment, the maximum separation permitted between the accessory equipment and the pole shall be the minimum separation required by such regulations. All pole-mounted equipment and required or permitted signage must be placed and oriented away from adjacent sidewalks and structures. Pole-mounted equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations. All cables, wires and other connectors must be routed through conduits within the pole, and all conduit attachments, cables, wires and other connectors must be concealed from public view. To the extent that cables, wires and other connectors cannot be routed through the pole, applicants shall route them through a single external conduit or shroud that has been finished to match the underlying support structure.
91.2.6.2.13.4 Base-Mounted Accessory Equipment. All base-mounted accessory equipment must be installed within a shroud, enclosure or pedestal integrated into the base of the support structure. All cables, wires and other connectors routed between the antenna and base-mounted equipment must be concealed from public view.
91.2.6.2.13.5 Ground-Mounted Accessory Equipment. The Director of Public Works shall not approve any ground-mounted accessory equipment including, but not limited to, any utility or transmission equipment, pedestals, cabinets, panels, or electric meters.
91.2.6.2.13.6 Accessory Equipment Volume. All accessory equipment associated with an SCWF installed above ground level shall not cumulatively exceed: (a) nine (9) cubic feet in volume if installed in a residential district or within five hundred (500) feet from any structure approved for a residential use; or (b) seventeen (17) cubic feet in volume if installed in a nonresidential district. The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the nonantenna accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground.
91.2.6.2.14 Streetlights. Applicants that propose to install SCWF on an existing streetlight must remove and replace the existing streetlight with one substantially similar to the County’s standards and specifications but designed to accommodate wireless antennas and accessory equipment, unless the existing streetlight has been designed and engineered to support a SCWF in accordance with applicable health and safety regulations. To mitigate any material changes in the streetlighting patterns, the replacement pole must:
91.2.6.2.14.1Be located as close to the removed pole as possible;
91.2.6.2.14.2Be aligned with the other existing streetlights; and
91.2.6.2.14.3Include a luminaire at substantially the same height and distance from the pole as the luminaire on the removed pole.
All antennas must be installed above the pole within a single, canister-style shroud or radome that tapers to the pole.
91.2.6.2.15 Wood Utility Poles. Applicants that propose to install SCWF on an existing wood utility pole must install all antennas above the pole unless the applicant demonstrates that mounting the antennas above the pole would be technically infeasible as supported by clear and convincing evidence in the written record. Side-mounted antennas on a standoff bracket or extension arm must be concealed within a shroud. All cables, wires and other connectors must be concealed within the side-arm mount or extension arm. The maximum horizontal separation between the antenna and the pole shall be the minimum separation required by applicable health and safety regulations.
91.2.6.2.16 New, Nonreplacement Poles. Applicants that propose to install SCWF on a new, nonreplacement pole must demonstrate that any existing structures within five hundred (500) feet from the proposed site would be technically infeasible as supported by clear and convincing evidence in the written record. Any new, nonreplacement pole must be a new streetlight substantially similar to the
County’s standards and specifications but designed to accommodate wireless antennas and accessory equipment located immediately adjacent to the proposed location. If there are no existing streetlights in the immediate vicinity, the applicant may install a metal or composite pole capable of concealing all the accessory equipment either within the pole or within an integrated enclosure located at the base of the pole. The pole diameter shall not exceed twelve (12) inches and any base enclosure diameter shall not exceed sixteen (16) inches. All antennas, whether on a new streetlight or other new pole, must be installed above the pole within a single, canisterstyle shroud or radome.
91.2.6.2.17 Encroachments Over Private Property. SCWF may not encroach onto or over any private or other property outside the public rights-of-way without the property owner’s express written consent.
91.2.6.2.18 Obstructions – Public Safety. SCWF and any associated equipment or improvements shall not physically interfere with or impede access to any:
91.2.6.2.18.1Worker access to any aboveground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, or barricade reflectors;
91.2.6.2.18.2Access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop;
91.2.6.2.18.3Worker access to aboveground or underground infrastructure owned or operated by any public or private utility agency;
91.2.6.2.18.4Fire hydrant or water valve;
91.2.6.2.18.5Access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights-of-way; or
91.2.6.2.18.6Access to any fire escape.
91.2.6.2.19 Utility Connections. All cables and connectors for telephone, data backhaul, primary electric and other similar utilities must be routed underground in conduits large enough to accommodate future co-located wireless facilities. Undergrounded cables and wires must transition directly into the pole base without any external doghouse. All cables, wires and connectors between the underground conduits and the antennas and other accessory equipment shall be routed through and concealed from view within: (a) internal risers or conduits if on a concrete, composite or similar pole; or (b) a cable shroud or conduit mounted as flush to the pole as possible if on a wood pole or other pole without internal cable space. The Director of Public Works shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost.
91.2.6.2.20 Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled, or otherwise stored on the pole outside equipment cabinets or shrouds.
91.2.6.2.21 Electric Meters. SCWF shall use flat-rate electric service or other method that obviates the need for a separate above-grade electric meter. If flat-rate service is not available, applicants may install a shrouded smart meter. The Director of Public Works shall not approve a separate ground-mounted electric meter pedestal.
91.2.6.2.22 Street Trees. To preserve existing landscaping in the public rights-of-way, all work performed in connection with SCWF shall not cause any street trees to be trimmed, damaged, or displaced. If any street trees are damaged or displaced, the applicant shall be responsible, at its sole cost and expense, to plant and maintain replacement trees, consistent with the County’s list of preapproved street trees, at the site for the duration of the permit term.
91.2.7 Design Standards – Non-SCWF. The following design standards apply to all wireless telecommunications facilities other than small cell wireless facilities:
91.2.7.1 Facilities on Historic Buildings or Structures. No facility shall be allowed on any building or structure, or in any district, that is listed on any Federal, State or local historical register unless it is determined that the facility will have no adverse effect on the appearance of the building or structure or its eligibility for historic designation. No change in architecture nor high-visibility facility is permitted on any such building, any such site or in any such district.
91.2.7.2 Facilities Visible from Scenic Highways. In cases where the facility site is visible from an officially designated California State Scenic Highway, the facility shall be designed and located in such a manner as to avoid adverse visual impacts. Such locations shall use design methods such as, but not limited to, type of facility, stealth design, screening and landscaping. No lattice towers or guyed towers are permitted.
91.2.7.3 Facade-Mounted Antennas. Facade-mounted antennas shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Facade-mounted antennas shall not extend more than twenty-four (24) inches out from the building face.
91.2.7.4 Visual Impact.
91.2.7.4.1All facilities shall be designed to visually and operationally blend into the surrounding area in a manner consistent with existing development and the natural environment. This may be achieved by means of:
91.2.7.4.1.1Invisible facilities;
91.2.7.4.1.2Stealth design;
91.2.7.4.1.3Antenna placement;
91.2.7.4.1.4Landscaping with native species;
91.2.7.4.1.5Integration with existing architectural elements, building materials and other site characteristics.
91.2.7.4.2Colors and materials for facilities shall be nonreflective and chosen to minimize visibility. Facilities, including equipment buildings, shall be painted or textured using colors to match or blend with the primary background, or painted with a mural which would contribute to the vitality and attractiveness of the neighborhood.
91.2.7.4.3Base stations shall be screened from adjacent sidewalks, streets, public trails, public recreation areas, places of public gathering and adjacent properties by undergrounding, landscaping with native species or other means, excluding new walls and fences, or shall be painted with a mural which would contribute to the vitality and attractiveness of the neighborhood.
91.2.7.4.4The use of chain link fences for security of a facility is permitted if the fence is fully screened by landscaping. No razor wire or barbed wire shall be permitted. Slats do not satisfy the requirement for screening.
91.2.7.5 Number and Configurations of Antennas.
91.2.7.5.1The applicant shall use the least-visible antennas possible to accomplish the coverage objectives.
91.2.7.5.2Roof-mounted antennas shall be constructed at the minimum height possible to serve the operator’s service area and shall be set back as far from the edge of the building as possible or otherwise screened to minimize their visibility.
91.2.7.6 Lights. ¶
91.2.7.6.1Beacon lights shall not be included in the design of facilities unless required by the FAA and shall be included when calculating the height of the facility.
91.2.7.6.2Site lighting shall be kept to a minimum in every instance, shall be shielded to direct the light downward, shall be controlled by a manual switch or timed switch of no greater than one hour’s duration and shall not be used except when nighttime maintenance is necessary.
91.2.7.7 Public Way. No high-visibility facility, including equipment buildings, may be located between the face of a building and a public street, bikeway, trail or park.
91.2.7.8 Signage – Advertisements. All non-SCWF must include signage that accurately identifies the site owner/operator, the owner/operator’s site name or identification number, and a toll-free number to the owner/operator’s network operations center. NonSCWF may not bear any other signage or advertisements unless expressly approved by the Planning Director, the Zoning Administrator or the Planning Commission, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations.
91.2.8 Application Requirements. In addition to the standard application submittal requirements described in Section 312-5.2, applicants for wireless telecommunications facilities shall provide the supplemental information listed below.
91.2.8.1As part of an application for any design review, special permit, or use permit for a wireless telecommunications facility, the applicant/permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties that arise from or are in any way related to permit processing and approval, including actions brought under the California Environmental Quality Act, and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of the construction, maintenance and/or operation of the wireless telecommunications facility.
91.2.8.2 Telecommunications Facilities Zoning Clearance Certificate Planning Checklist. Applications for facilities qualified for a zoning clearance certificate process shall include a complete telecommunications facilities zoning clearance certificate planning checklist, as may be amended from time to time, made available by the Planning Division.
91.2.8.3Applications for design review for Tier 2 and Tier 3 facilities shall include the following components:
91.2.8.3.1 Telecommunications Facilities Design Review Planning Checklist. Applications for facilities qualified for a design review shall include a complete telecommunications facilities design review planning checklist, as may be amended from time to time, made available by the Planning Division. The Planning Director shall determine that the requirements of the checklist are met.
91.2.8.3.2 Notice of Application. For all design review applications, the applicant shall provide evidence that they sent a Countyapproved notice to all landowners and residents within three hundred (300) feet of the proposed facility location within a ten (10) day period prior to application submittal.
91.2.8.3.3 Improvement to Network. Provide a vicinity map of the geographic service area for the proposed facility, including the service area of the applicant’s existing sites in the local service network. Describe the coverage or capacity demand that the facility is meant to address.
91.2.8.3.4 Alternatives Analysis. Provide discussion of alternative sites that would accomplish the project goals. Provide specific comparative analysis of how different sites would impact aesthetic values, agricultural, timber and mineral values, and other environmental values, as applicable.
91.2.8.3.5 Visual Impact Analysis. Provide a visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening and landscaping. The analysis shall include photo simulations or a balloon test and other information as necessary to determine visual impact of the facility. The analysis shall include a map depicting where the photos were taken. Where consistent with the natural or built environment, the analysis shall include a native vegetation landscaping plan with a discussion of how the chosen plants, at maturity, will screen the site.
91.2.8.3.6 Noise/Acoustical Information. Provide manufacturer’s specifications for all equipment such as air conditioning units and back-up generators, provide a proposal for a noise-attenuating structure to maintain noise levels below fifty (50) dB, and provide a depiction of the equipment location in relation to adjoining properties.
91.2.8.3.7 Fire Hazards. All applications for non-SCWF shall include information on the site indicating whether it is within a firerelated special district, whether the site is within Local Responsibility Area or State Responsibility Area and identifying the Office of the State Fire Marshal Fire Hazard Severity Zone that is applied to the area; provide a map of sufficient scale showing flammable vegetations surrounding the proposed facilities and indicating how adequate defensible space is to be provided.
91.2.8.3.7.1Proposed facilities located within a fire-related district shall provide a service letter from the applicable fire-related district indicating that structural fire protection services are available to the site.
91.2.8.3.7.2Proposed facilities located outside of a fire-related district shall obtain from an appropriate local fire service provider written acknowledgment of the available emergency response and fire suppression services and recommended mitigations.
91.2.8.3.7.3Proposed facilities located within State Responsibility Area shall provide a letter from CAL FIRE indicating that the map showing defensible space meets the applicable State requirements.
91.2.8.3.7.4Proposed facilities located within moderate, high, or very high fire hazard severity area shall submit a fire prevention plan that recognizes and prepares for the potential for fast moving, wind driven wildfires which could burn adjacent to or through the proposed site as the result of severe fire weather conditions, wildland fuels adjacent to the site, and nearby ignition sources. The plan shall discuss existing, proximate fire hazards, the fire risks posed by the addition of a facility at the location, proposed measures to lessen fire risks associated with the facility and an ongoing maintenance plan. A draft copy of the plan shall be provided to the local fire service provider and CAL FIRE at least ninety (90) days before the start of any construction activities. The final plan shall be approved by CAL FIRE (if SRA) and the fire chief of the fire-related district, if any, at least thirty (30) days prior to the initiation of construction activities. The applicant shall fully implement the plan during all construction and maintenance activities.
91.2.8.3.8 Hazardous Materials. Listing of all hazardous materials to be used on site.
91.2.8.3.9 Access.
91.2.8.3.9.1All applications for new facilities shall show adequate access, turnaround area and parking for emergency response vehicles.
91.2.8.3.9.2For all applications for facilities located in or along a right-of-way, show the location of parking for maintenance personnel that does not obstruct a traffic lane or a traveled way for pedestrians, bicyclists and equestrians.
91.2.8.4Applications for Tier 2 and Tier 3 facilities shall include the following components:
91.2.8.4.1 Height Requirements. If the proposed facility exceeds the maximum height for the underlying zone, the applicant shall provide the following:
91.2.8.4.1.1Evidence establishing the necessity of the proposed height for the facility.
91.2.8.4.1.2A discussion of the physical constraints (topographical features, etc.) making the additional height necessary.
91.2.8.4.2 Co-Location Required. Non-SCWF which exceed the maximum height of the underlying zone shall be built to accommodate future co-location of other carriers where technically and economically feasible and aesthetically desirable. The applicant shall provide a written statement allowing co-location on such facilities.
91.2.8.4.3Applicants may be required to pay the cost of independent review to evaluate siting alternatives, the necessity of the facility based on adequacy of existing coverage, and/or the radio frequency emissions.
91.2.8.5 Notice of Decision. Notice of decision on an application for design review, a special permit or a conditional use permit shall be provided in accordance with Section 312-6.7, Notice of Decision.
91.2.8.6Applications for a SCFW in a County-maintained road right-of-way shall include the following:
91.2.8.6.1 Application Form. The applicant shall submit a complete, duly executed small cell encroachment permit application on the then-current form approved by the Director of Public Works.
91.2.8.6.2 Application Fee. The applicant shall submit the applicable small cell encroachment permit application fee established by Board of Supervisors resolution. Batched applications must include the applicable small cell encroachment permit application fee for each SCFW in the batch.
91.2.8.6.3 Construction Drawings. The applicant shall submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes without limitation any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The construction drawings must: (a) contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes without limitation the manufacturer, model number and physical dimensions; (b) identify all structures within two hundred fifty (250) feet from the proposed project site and call out such structures’ overall height above ground level; (c) depict the applicant’s plan for electric and data backhaul utilities, which shall include the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches, and points of connection; (d) demonstrate that proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes, local street standards and specifications, and public utility regulations and orders; and (e) contain sightlines showing that the proposed facilities will not obstruct visibility of the road or of any existing or proposed driveway.
91.2.8.6.4 Site Survey. For any SCWF proposed to be located within the public rights-of-way, the applicant shall submit a survey prepared, signed and stamped by a California licensed or registered surveyor. The survey must identify and depict all existing boundaries, encroachments and other structures within two hundred fifty (250) feet from the proposed project site, which includes without limitation all: (a) traffic lanes; (b) all private properties and property lines; (c) above- and below-grade utilities and related structures and encroachments; (d) fire hydrants, roadside call boxes, and other public safety infrastructure; (e) streetlights, decorative poles, traffic signals, and permanent signage; (f) sidewalks, driveways, parkways, curbs, gutters and storm drains; (g) benches, trash cans, mailboxes, kiosks and other street furniture; and (h) existing trees, planters, and other landscaping features.
related structures and encroachments; (d) fire hydrants, roadside call boxes, and other public safety infrastructure; (e) streetlights, decorative poles, traffic signals, and permanent signage; (f) sidewalks, driveways, parkways, curbs, gutters and storm drains; (g) benches, trash cans, mailboxes, kiosks and other street furniture; and (h) existing trees, planters, and other landscaping features.
91.2.8.6.5 Photo Simulations. The applicant shall submit site photographs and photo simulations that show the existing location and proposed SCWF in context from at least three (3) vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location for each vantage point.
91.2.8.6.6 Fronting Landowner Consent. The applicant shall submit a statement from the fronting landowner agreeing to the location of the proposed location of the facilities. In the case where a fronting landowner refuses to sign the statement, the applicant shall submit an affidavit detailing the outreach made to the fronting landowner. The statement or affidavit shall be made on the thencurrent form approved by the Director of Public Works.
91.2.8.6.7 Location Consent. When a SCWF is proposed to be constructed on facilities not owned by the applicant or County, the applicant shall submit a statement from the facility owner agreeing to the construction. The statement shall be made on the thencurrent form approved by the Director of Public Works.
91.2.9 Performance Standards. All telecommunications facilities shall be subject to the requirements of this subsection.
91.2.9.1 Inadvertent Archaeological or Native American Remains Discoveries. All discretionary and ministerial permits shall include the condition of approval or note identified in Standard CU-S4.E of the General Plan regarding inadvertent discovery of archaeological or Native American remains.
91.2.9.2 Notification of California Department of Fish and Wildlife (CDFW). If a bird of prey (e.g., hawk, falcon, owl, etc.) establishes a nest on a facility, the permittee shall provide written notification of the nest to the Planning and Building Department and to CDFW within ten (10) days of nest discovery.
91.2.9.3 Maintenance. ¶
91.2.9.3.1All landscaping shall be maintained as shown on the approved landscape plan. Trees and shrubs shall be maintained to screen the site. Dead and dying landscaping shall be replaced in accordance with the approved landscape plan.
91.2.9.3.2All wireless telecommunications sites shall be kept clean and free of litter.
91.2.9.3.3All equipment buildings shall display a legible operator’s contact number for reporting maintenance problems.
91.2.9.3.4Maintenance vehicles servicing facilities located in the public or private right-of-way shall not park on the traveled way or in a manner that would obstruct traffic.
91.2.9.4 FCC Emission Compliance. Records shall be maintained which demonstrate ongoing compliance with FCC emission regulations and guidelines. Records shall be made available to County staff within three (3) business days of the request.
91.2.9.5 Abandonment or Discontinuation of Use.
91.2.9.5.1All operators who intend to abandon or discontinue the use of any wireless telecommunications facility shall notify the County of such intentions no less than sixty (60) days prior to the final day of use.
91.2.9.5.2Wireless telecommunications facilities with use discontinued shall be considered abandoned ninety (90) days following the final day of use.
91.2.9.5.3All abandoned facilities shall be physically removed by the facility owner no more than ninety (90) days following the final day of use or of determination that the facility has been abandoned, whichever occurs first.
91.2.9.6 Revocation. Failure to comply with any condition of approval or standard in this section shall constitute grounds for possible revocation of use pursuant to Section 312-14. (Ord. 2703, § 2, 11/29/2022; Ord. 2769, § 9, 9/23/2025) Your Selections
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91.2 WIRELESS TELECOMMUNICATIONS FACILITIES ¶
91.2.1 Purpose. The purpose and intent of this section is to provide a reasonable, uniform and comprehensive set of standards and procedures for the deployment, construction, installation, co-location, modification, operation and removal of wireless telecommunications facilities within the unincorporated areas of Humboldt County, consistent with and to the extent permitted under Federal and California State law. These regulations are intended to protect and promote the public health, safety and welfare of the residents of the unincorporated areas of Humboldt County, to protect aesthetic values, to achieve reliable communications, including high-speed broadband, to every resident, business and institution, to encourage siting in preferred locations to expand service to unserved and underserved areas, to help minimize visual blight and preserve the County’s rural character, including the protection of scenic, natural and cultural resources, and to minimize the intrusion of these uses into residential areas.
91.2.2 Applicability. Except as expressly provided otherwise in this section, these provisions shall be applicable to all telecommunications facilities within the County’s jurisdiction.
91.2.3 Definitions. ¶
91.2.3.1“Antenna” means communications equipment that transmits and/or captures radio electromagnetic waves.
91.2.3.2“Base station” means a structure or equipment at a fixed location that enables Federal Communications Commission licensed or authorized wireless communications between user equipment and a communications network.
91.2.3.3Camouflage. See “Concealment element.”
91.2.3.4“Co-location” means mounting or installing an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, whether or not there is an existing antenna on the structure.
91.2.3.5“Concealment element” means the design features of a facility which hide that it is a wireless tower or base station. Concealment elements include but are not limited to (1) faux tree design; (2) faux water tank design; (3) faux flagpole design; (4) facilities under cupolas; and (5) architectural addition consistent in style to existing structure, including existing wireless facilities.
91.2.3.6“Decorative pole” means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public right-of-way in which the pole is located.
91.2.3.7“Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
91.2.3.7.1Co-location of new transmission equipment;
91.2.3.7.2Removal of transmission equipment; or
91.2.3.7.3Replacement of transmission equipment.
91.2.3.8Equipment Building. See “Base station.”
91.2.3.9Facility. “See wireless telecommunications facility.”
91.2.3.10“Faux trees” means camouflaged monopoles made to resemble different types of trees.
91.2.3.11“FCC shot clock” means the presumptively reasonable time frame within which the County must act on a wireless application, as defined by the Federal Communications Commission (FCC) and as may be amended from time to time.
91.2.3.12“Guyed tower” means a wireless communication mast or tower that is supported, in whole or in part, by guy wires and ground anchors.
91.2.3.13“High visibility facilities” means facilities that are not effectively integrated into the natural and/or built environment and would stand out to the average, untrained observer. High visibility facilities include, but are not limited to: (1) lattice towers and guyed towers; (2) all facilities that exceed the maximum height of the underlying zoning; (3) facilities that are neither invisible nor stealth design.
y facilities” means facilities that are not effectively integrated into the natural and/or built environment and would stand out to the average, untrained observer. High visibility facilities include, but are not limited to: (1) lattice towers and guyed towers; (2) all facilities that exceed the maximum height of the underlying zoning; (3) facilities that are neither invisible nor stealth design.
91.2.3.14“Invisible facilities” means wireless telecommunications facilities including, but not limited to, towers, poles, antennas, equipment buildings and any other ancillary equipment, that cannot be seen from any street, public trail, public recreation area, place of public use or adjacent properties, and that do not result in any apparent architectural changes or additions to a structure or facility. The addition of landscaping, walls, fences or grading as screening techniques does not meet the definition of invisible.
91.2.3.15“Lattice tower” means a guyed or self-supporting three (3) or four (4) sided, open, steel-frame support structure used to support wireless communications equipment.
91.2.3.16“Monopole” means a wireless telecommunications facility consisting of a single pole constructed without guy wires and ground anchors.
91.2.3.17“Public safety communications facilities” means wireless telecommunications facilities operated and maintained by public agencies that support public safety communications systems, which provide wireless communications to law enforcement, fire services, emergency medical services, and other public safety/service agencies. These facilities are considered essential services pursuant to Section 1335.
91.2.3.18“Roof-mounted antenna” means any antenna with its support structure placed directly on the roof of any building.
91.2.3.19“Service area” means the area served by a single wireless telecommunications facility.
91.2.3.20“Service network” means the wireless communication transmission system operated by a service provider in a community or jurisdiction.
91.2.3.21“Small cell wireless facility (SCWF)” means the same as defined in 47 C.F.R. § 1.6002(l), as may be amended or superseded, which defines the term as follows:
91.2.3.21.1The facilities:
91.2.3.21.1.1Are mounted on structures fifty (50) feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or
91.2.3.21.1.2Are mounted on structures no more than ten percent (10%) taller than other adjacent structures; or
91.2.3.21.1.3Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten percent (10%), whichever is greater;
91.2.3.21.2Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d), is no more than three (3) cubic feet in volume;
91.2.3.21.3All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;
91.2.3.21.4The facilities do not require antenna structure registration under 47 C.F.R., Chapter 1;
91.2.3.21.5The facilities are not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and
91.2.3.21.6The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).
91.2.3.22“Stealth design” means a design or treatment that minimizes adverse aesthetic and visual impacts. Stealth design facilities visually and operationally blend into the surrounding area in a manner consistent with existing development and the natural environment by means of camouflaging, disguising, and/or screening.
91.2.3.23“Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
91.2.3.24“Telecommunications tower” means any mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support antennas.
91.2.3.25Tower. See “Telecommunications tower.”
91.2.3.26“Utility pole” means any aboveground pole used to support electrical, telephone, cable, and internet wires.
91.2.3.27“Wireless telecommunications facility” means any facility that provides wireless telecommunications services. This includes but is not limited to antennas and other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting said equipment, base stations, parking area and other accessory development. Also known as a wireless communications facility. This definition does not apply to amateur radio stations as defined by the FCC, in 47 C.F.R., Part 97 of the Commission’s Rules nor to TV and radio transmission facilities, nor to public safety communications facilities.
91.2.4 Wireless Telecommunications Facility Application Process. Applications shall be processed based upon a three (3) tier permitting system. Applications for facilities within the right-of-way shall also require an encroachment permit from the Department of Public Works.
91.2.4.1 Tier 1 – No Public Hearing Required.
91.2.4.1.1 Zoning Clearance Certificate Required. These facilities shall be allowed as principally permitted uses without the need for a public hearing. A facility meeting the following criteria shall be subject to a zoning clearance certificate:
91.2.4.1.1.1 Eligible Facilities Requests (Co-Location, Removal or Replacement of Transmission Equipment). Eligible facilities requests may be permitted with a zoning clearance certificate. If any of the following is true of a proposed co-located facility, the application does not qualify as an eligible facilities request:
91.2.4.1.1.1.1 Height. It increases the height of the structure by:
91.2.4.1.1.1.1.1For towers outside the right-of-way: More than the greater of (a) ten percent (10%) or (b) the height of one (1) additional antenna array, plus up to twenty (20) feet of separation from the nearest existing array.
91.2.4.1.1.1.1.2For towers inside the right-of-way and base stations: More than the greater of ten percent (10%) or ten (10) feet.
91.2.4.1.1.1.2 Width. It involves adding an appurtenance to the body of the tower:
91.2.4.1.1.1.2.1For towers outside the right-of-way: That would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater.
91.2.4.1.1.1.2.2For towers inside the right-of-way or base stations: That would protrude from the edge of the structure by more than six (6) feet.
91.2.4.1.1.1.3 Cabinets. It involves installation of more than four (4) cabinets as part of that modification.
91.2.4.1.1.1.3.1For towers inside the right-of-way or base stations, it is also a substantial change if it involves installation of ground cabinets where there are none, or that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets.
91.2.4.1.1.1.4 Site. It involves excavation or deployment outside of the current site, except for towers outside of the right-of-way, it involves excavation or deployment outside of the current site by more than thirty (30) feet in any direction, not including any access or utility easements.
91.2.4.1.1.1.5 Concealment. It would defeat the concealment elements of the eligible support structure. This only applies to a structure that is designed and originally permitted to look like something other than a wireless facility.
91.2.4.1.1.1.6 Siting Conditions. It does not comply with the conditions in the siting approval of the eligible support structure, unless this noncompliance meets the other thresholds under 47 U.S.C. Section 1455(a).
91.2.4.1.1.2New non-SCWF in Commercial and Industrial Zoning Districts (Sections 314-2 and 314-3) except when the facility does not meet the height and setback requirements of the underlying zone and/or the facility is within view of a designated California State Scenic Highway.
91.2.4.1.1.3New and co-located SCWF excepting those in:
91.2.4.1.1.3.1Residential Zone Districts (Section 314-6); and
91.2.4.1.1.3.2Resource Zone Districts (Section 314-7).
91.2.4.1.2 Design Review Required. These facilities shall be allowed only if certain design criteria are met. A facility meeting the following criteria shall be subject to telecommunications facilities design review:
91.2.4.1.2.1New, invisible non-SCWF, excepting in Residential Zone Districts (Section 314-6), Agriculture Exclusive Zone (Section 3147.1), Timberland Production Zone (Section 314-7.4), and Timberland Exclusive Zone (Section 314-7.5).
91.2.4.1.2.2New SCWF within three hundred (300) feet of an existing residence.
91.2.4.1.3 Co-Location of SCWF and Non-SCWF That Do Not Qualify for a Zoning Clearance Certificate. Pursuant to Government Code Section 65850.6, as may be amended or superseded, this applies when a facility that does not qualify as an eligible facilities request would be co-located on a facility previously approved with only a ministerial permit.
91.2.4.2 Tier 2 – Special Permit Required. Facilities meeting any of the following criteria shall require a special permit:
91.2.4.2.1All SCWF and non-SCWF that do not meet the criteria of Tier 1 or Tier 3.
91.2.4.3 Tier 3 – Use Permit Required. Facilities meeting the following criteria shall require a conditional use permit:
91.2.4.3.1New, non-SCWF in Residential Zone Districts (Section 314-6).
- 91.2.4.3.2All SCWF and non-SCWF in Agriculture Exclusive Zone (Section 314 7.1), Timberland Production Zone (Section 314 7.4), - and Timberland Exclusive Zone (Section 314 7.5), except those meeting the criteria for Tier 1.
91.2.4.3.3 Any Other Zoning District. ¶
91.2.4.3.3.1New non-SCWF that exceed the maximum height of the underlying zone, except when meeting the criteria for Tier 1.
91.2.4.3.3.2New high-visibility non-SCWF facilities, except when meeting the criteria of Tier 1.
91.2.4.3.3.3New non-SCWF located on ridgetops or hilltops, in all zones.
91.2.4.4 Encroachment Permit. In addition to meeting all requirements for the appropriate tier, an encroachment permit issued pursuant to Section 411-1 et seq. is required for any facility proposed within a County-maintained road right-of-way.
91.2.5 General Regulations. ¶
91.2.5.1 Setbacks. ¶
91.2.5.1.1No tower or equipment buildings shall be located in a front, rear or side yard setback in any zone and no portion of any antenna array shall extend beyond the property lines.
91.2.5.1.2Telecommunications towers located adjacent to a residential use shall be set back from the nearest residential lot line by a distance at least equal to its total height or fifty (50) feet, whichever is greater. The setback shall be measured from that part of the tower that is closest to the neighboring property (i.e., the setback for a faux tree would be measured from the end of the branch closest to the neighboring property).
91.2.5.2 Right-of-Way. Non-SCWF shall not be located within a County-maintained road right-of-way unless it can be factually established that the facilities would not incommode or inconvenience the public use thereof.
91.2.5.3 Backup Power Sources. Renewable sources of energy for emergency backup power are encouraged, but not required.
91.2.5.4 Noise. Routine noise from any equipment supporting the facility shall not exceed fifty (50) dB or the ambient noise levels, whichever is lower. Backup generators shall be used on a temporary basis only. Noise levels from backup generators shall not exceed sixty (60) dB. Noise-attenuating structures may be required.
91.2.5.5 Base Station Size. All equipment buildings may not exceed ten (10) feet in height measured from the base of the foundation unless a greater height is necessary to maximize architectural integration and shall be screened by landscaping.
91.2.5.6 Underground Utility Districts. All wireless telecommunications infrastructure, including but not limited to SCWFs, proposed in an underground utility district shall comply with all of the requirements of that district in addition to the requirements of this chapter.
91.2.5.7 Security. Equipment buildings and facilities shall be secured to prevent unauthorized access.
91.2.5.8 Hazard to Flight. SCWF shall not be installed or operated in locations where the Federal Aviation Administration (FAA) has determined that the infrastructure poses a hazard to flight.
91.2.5.9 Special Provisions in Residential Zones (Section 314-6). ¶
91.2.5.9.1Lattice towers and guyed towers are prohibited in Residential Zones.
91.2.5.9.2Noise from routine operations and from backup generators shall not exceed fifty (50) dB or ambient, whichever is higher. This may require placement of equipment in a noise-attenuating structure.
91.2.5.10The Planning Commission may waive or modify standards and requirements based on specific findings that demonstrate necessity and no detriment to public health safety and welfare, or based on finding that strict compliance would effectively prohibit the applicant’s ability to provide wireless telecommunications services. The applicant must clearly and factually demonstrate that:
91.2.5.10.1The proposed facility qualifies as a “personal wireless service facility” as defined in 47 U.S.C. Section 332(c)(7)(C)(ii), as may be amended or superseded;
91.2.5.10.2A reasonable and clearly defined coverage or capacity objective would be achieved by the proposed wireless facility;
91.2.5.10.3The proposed wireless facility cannot be deployed in compliance with the applicable provisions in this chapter;
91.2.5.10.4All alternative locations and/or designs identified in the administrative record (whether suggested by the applicant or the County) are not technically feasible or potentially available to reasonably achieve the applicant’s reasonable technical service objective;
91.2.5.10.5The proposed location and design is the least noncompliant configuration that will reasonably achieve the coverage or capacity objective, which includes a meaningful comparative analysis into multiple smaller or less intrusive wireless facilities dispersed throughout the intended service area, as appropriate.
91.2.5.11 Conditional Approvals – Denials Without Prejudice. Subject to any applicable Federal or California laws or regulations, nothing in this chapter is intended to limit the ability of the Planning Director, the Zoning Administrator, or the Planning Commission
to conditionally approve or deny without prejudice any permit application as may be necessary or appropriate to ensure compliance with this section.
91.2.5.12 Appeals. Any decision to approve, conditionally approve or deny a design review or special permit shall be appealable to the Planning Commission. Any decision by the Planning Commission to approve, conditionally approve or deny a project shall be appealable to the Board of Supervisors. Appeals shall be filed pursuant to Section 312-13.1.
91.2.6 Design Standards – SCWF.
91.2.6.1SCWF shall be invisible or stealth design.
91.2.6.2SCWF facilities within a County-maintained road right-of-way shall comply with the following:
91.2.6.2.1Not Used
91.2.6.2.2 Accessibility. SCWF shall not be constructed to create a barrier under Federal and State Americans with Disabilities Act (ADA). In addition, an unobstructed five (5) foot wide path of travel shall be provided where SCWF are constructed that would otherwise reduce the existing width of the sidewalk.
91.2.6.2.3 Prohibited Locations. SCWF shall not be mounted on any traffic control device and their appurtenances, including, but not limited to, signs, sign supports, traffic signals, and traffic signal appurtenances.
91.2.6.2.4 Future Roadway Improvements. Where SCWF are constructed on a road where there is no existing sidewalk, the SCWF and appurtenances shall be positioned to accommodate the future construction of sidewalks without the need to relocate facilities. Applicant shall at no cost to the County relocate, remove, and/or adjust such facilities to accommodate County road improvement projects.
91.2.6.2.5 Underground Districts. Where an Underground Utility District has been established pursuant to Section 361-3, no new poles may be constructed. Existing poles may be replaced to accommodate SCWF.
91.2.6.2.6 Lights. SCWF shall not include any lights that would be visible from publicly accessible areas, except as may be required under Federal Aviation Administration (FAA), FCC, or other applicable regulations for health and safety. All equipment with lights (such as indicator or status lights) must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas. The provisions in this subsection shall not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required under this chapter.
91.2.6.2.7 Landscape Features. SCWF shall not displace any existing landscape features unless: (a) such displaced landscaping is replaced with native and/or drought-resistant plants, trees or other landscape features approved by the Director of Public Works and (b) the applicant submits and adheres to a landscape maintenance plan. The landscape plan must include existing vegetation, and vegetation proposed to be removed or trimmed, and the landscape plan must identify proposed landscaping by species type, size and location.
91.2.6.2.8 Site Security Measures. SCWF may incorporate reasonable and appropriate site security measures, such as locks and anticlimbing devices, to prevent unauthorized access, theft or vandalism. The Director of Public Works shall not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures. All exterior surfaces on SCWF shall be constructed from or coated with graffiti-resistant materials.
91.2.6.2.9 Signage – Advertisements. All SCWF must include signage that accurately identifies the site owner/operator, the owner/operator’s site name or identification number, and a toll-free number to the owner/operator’s network operations center. As approved by the Director of Public Works, SCWF may not bear any other signage or advertisements unless expressly approved by the Director of Public Works, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations.
ame or identification number, and a toll-free number to the owner/operator’s network operations center. As approved by the Director of Public Works, SCWF may not bear any other signage or advertisements unless expressly approved by the Director of Public Works, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations.
91.2.6.2.10 Compliance with Health and Safety Regulations. All SCWF shall be designed, constructed, operated, and maintained in compliance with all generally applicable health and safety regulations, which includes without limitation all applicable regulations for human exposure to RF emissions, the Americans with Disabilities Act, California Building Standards Code and County Code.
91.2.6.2.11 Overall Height. SCWF may not exceed either (a) the minimum separation from electrical lines required by applicable safety regulations (such as CPUC General Order 95, Rules for Overhead Construction Lines), plus four (4) feet or (b) four (4) feet above the existing support structure. However, at no point shall an existing support structure be increased by more than ten (10) feet above existing height.
91.2.6.2.12 Antennas. ¶
91.2.6.2.12.1 Concealment. All antennas and associated mounting equipment, hardware, cables, or other connecters must be completely concealed within an opaque antenna shroud or radome. The antenna shroud or radome must be graffiti-resistant and painted a flat, nonreflective color to match the underlying support structure.
91.2.6.2.12.2 Antenna Volume. Each individual antenna may not exceed three (3) cubic feet in volume and all antennas may not exceed six (6) cubic feet in volume.
91.2.6.2.13 Accessory Equipment. ¶
91.2.6.2.13.1 Installation Preferences. All nonantenna accessory equipment shall be installed in accordance with the following preferences, ordered from most preferred to least preferred:
91.2.6.2.13.1.1Underground;
91.2.6.2.13.1.2On the pole or support structure; or
91.2.6.2.13.1.3Integrated into the base of the pole or support structure.
Applications that involve lesser-preferred installation locations may be approved so long as the applicant demonstrates that a more preferred installation location would be technically infeasible as supported by clear and convincing evidence in the written record.
91.2.6.2.13.2 Undergrounded Accessory Equipment. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load-rated to meet the County’s standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip-resistant cover. Vents for airflow shall be flush to grade when placed within the sidewalk and may not exceed two (2) feet above grade when placed off the sidewalk. Applicants shall not be permitted to install an underground vault in a location that would cause any existing tree to be materially damaged or displaced.
91.2.6.2.13.3 Pole-Mounted Accessory Equipment. All pole-mounted accessory equipment must be installed at least ten (10) feet above grade and flush to the pole to minimize the overall visual profile. If any applicable health and safety regulations prohibit flushmounted equipment, the maximum separation permitted between the accessory equipment and the pole shall be the minimum separation required by such regulations. All pole-mounted equipment and required or permitted signage must be placed and oriented away from adjacent sidewalks and structures. Pole-mounted equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations. All cables, wires and other connectors must be routed through conduits within the pole, and all conduit attachments, cables, wires and other connectors must be concealed from public view. To the extent that cables, wires and other connectors cannot be routed through the pole, applicants shall route them through a single external conduit or shroud that has been finished to match the underlying support structure.
91.2.6.2.13.4 Base-Mounted Accessory Equipment. All base-mounted accessory equipment must be installed within a shroud, enclosure or pedestal integrated into the base of the support structure. All cables, wires and other connectors routed between the antenna and base-mounted equipment must be concealed from public view.
91.2.6.2.13.5 Ground-Mounted Accessory Equipment. The Director of Public Works shall not approve any ground-mounted accessory equipment including, but not limited to, any utility or transmission equipment, pedestals, cabinets, panels, or electric meters.
91.2.6.2.13.6 Accessory Equipment Volume. All accessory equipment associated with an SCWF installed above ground level shall not cumulatively exceed: (a) nine (9) cubic feet in volume if installed in a residential district or within five hundred (500) feet from any structure approved for a residential use; or (b) seventeen (17) cubic feet in volume if installed in a nonresidential district. The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the nonantenna accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground.
91.2.6.2.14 Streetlights. Applicants that propose to install SCWF on an existing streetlight must remove and replace the existing streetlight with one substantially similar to the County’s standards and specifications but designed to accommodate wireless antennas and accessory equipment, unless the existing streetlight has been designed and engineered to support a SCWF in accordance with applicable health and safety regulations. To mitigate any material changes in the streetlighting patterns, the replacement pole must:
91.2.6.2.14.1Be located as close to the removed pole as possible;
91.2.6.2.14.2Be aligned with the other existing streetlights; and
91.2.6.2.14.3Include a luminaire at substantially the same height and distance from the pole as the luminaire on the removed pole.
All antennas must be installed above the pole within a single, canister-style shroud or radome that tapers to the pole.
91.2.6.2.15 Wood Utility Poles. Applicants that propose to install SCWF on an existing wood utility pole must install all antennas above the pole unless the applicant demonstrates that mounting the antennas above the pole would be technically infeasible as supported by clear and convincing evidence in the written record. Side-mounted antennas on a standoff bracket or extension arm must be concealed within a shroud. All cables, wires and other connectors must be concealed within the side-arm mount or extension arm. The maximum horizontal separation between the antenna and the pole shall be the minimum separation required by applicable health and safety regulations.
91.2.6.2.16 New, Nonreplacement Poles. Applicants that propose to install SCWF on a new, nonreplacement pole must demonstrate that any existing structures within five hundred (500) feet from the proposed site would be technically infeasible as supported by clear and convincing evidence in the written record. Any new, nonreplacement pole must be a new streetlight substantially similar to the
County’s standards and specifications but designed to accommodate wireless antennas and accessory equipment located immediately adjacent to the proposed location. If there are no existing streetlights in the immediate vicinity, the applicant may install a metal or composite pole capable of concealing all the accessory equipment either within the pole or within an integrated enclosure located at the base of the pole. The pole diameter shall not exceed twelve (12) inches and any base enclosure diameter shall not exceed sixteen (16) inches. All antennas, whether on a new streetlight or other new pole, must be installed above the pole within a single, canisterstyle shroud or radome.
91.2.6.2.17 Encroachments Over Private Property. SCWF may not encroach onto or over any private or other property outside the public rights-of-way without the property owner’s express written consent.
91.2.6.2.18 Obstructions – Public Safety. SCWF and any associated equipment or improvements shall not physically interfere with or impede access to any:
91.2.6.2.18.1Worker access to any aboveground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, or barricade reflectors;
91.2.6.2.18.2Access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop;
91.2.6.2.18.3Worker access to aboveground or underground infrastructure owned or operated by any public or private utility agency;
91.2.6.2.18.4Fire hydrant or water valve;
91.2.6.2.18.5Access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights-of-way; or
91.2.6.2.18.6Access to any fire escape.
91.2.6.2.19 Utility Connections. All cables and connectors for telephone, data backhaul, primary electric and other similar utilities must be routed underground in conduits large enough to accommodate future co-located wireless facilities. Undergrounded cables and wires must transition directly into the pole base without any external doghouse. All cables, wires and connectors between the underground conduits and the antennas and other accessory equipment shall be routed through and concealed from view within: (a) internal risers or conduits if on a concrete, composite or similar pole; or (b) a cable shroud or conduit mounted as flush to the pole as possible if on a wood pole or other pole without internal cable space. The Director of Public Works shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost.
91.2.6.2.20 Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled, or otherwise stored on the pole outside equipment cabinets or shrouds.
91.2.6.2.21 Electric Meters. SCWF shall use flat-rate electric service or other method that obviates the need for a separate above-grade electric meter. If flat-rate service is not available, applicants may install a shrouded smart meter. The Director of Public Works shall not approve a separate ground-mounted electric meter pedestal.
91.2.6.2.22 Street Trees. To preserve existing landscaping in the public rights-of-way, all work performed in connection with SCWF shall not cause any street trees to be trimmed, damaged, or displaced. If any street trees are damaged or displaced, the applicant shall be responsible, at its sole cost and expense, to plant and maintain replacement trees, consistent with the County’s list of preapproved street trees, at the site for the duration of the permit term.
91.2.7 Design Standards – Non-SCWF. The following design standards apply to all wireless telecommunications facilities other than small cell wireless facilities:
91.2.7.1 Facilities on Historic Buildings or Structures. No facility shall be allowed on any building or structure, or in any district, that is listed on any Federal, State or local historical register unless it is determined that the facility will have no adverse effect on the appearance of the building or structure or its eligibility for historic designation. No change in architecture nor high-visibility facility is permitted on any such building, any such site or in any such district.
91.2.7.2 Facilities Visible from Scenic Highways. In cases where the facility site is visible from an officially designated California State Scenic Highway, the facility shall be designed and located in such a manner as to avoid adverse visual impacts. Such locations shall use design methods such as, but not limited to, type of facility, stealth design, screening and landscaping. No lattice towers or guyed towers are permitted.
91.2.7.3 Facade-Mounted Antennas. Facade-mounted antennas shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Facade-mounted antennas shall not extend more than twenty-four (24) inches out from the building face.
91.2.7.4 Visual Impact.
91.2.7.4.1All facilities shall be designed to visually and operationally blend into the surrounding area in a manner consistent with existing development and the natural environment. This may be achieved by means of:
91.2.7.4.1.1Invisible facilities;
91.2.7.4.1.2Stealth design;
91.2.7.4.1.3Antenna placement;
91.2.7.4.1.4Landscaping with native species;
91.2.7.4.1.5Integration with existing architectural elements, building materials and other site characteristics.
91.2.7.4.2Colors and materials for facilities shall be nonreflective and chosen to minimize visibility. Facilities, including equipment buildings, shall be painted or textured using colors to match or blend with the primary background, or painted with a mural which would contribute to the vitality and attractiveness of the neighborhood.
91.2.7.4.3Base stations shall be screened from adjacent sidewalks, streets, public trails, public recreation areas, places of public gathering and adjacent properties by undergrounding, landscaping with native species or other means, excluding new walls and fences, or shall be painted with a mural which would contribute to the vitality and attractiveness of the neighborhood.
91.2.7.4.4The use of chain link fences for security of a facility is permitted if the fence is fully screened by landscaping. No razor wire or barbed wire shall be permitted. Slats do not satisfy the requirement for screening.
91.2.7.5 Number and Configurations of Antennas.
91.2.7.5.1The applicant shall use the least-visible antennas possible to accomplish the coverage objectives.
91.2.7.5.2Roof-mounted antennas shall be constructed at the minimum height possible to serve the operator’s service area and shall be set back as far from the edge of the building as possible or otherwise screened to minimize their visibility.
91.2.7.6 Lights. ¶
91.2.7.6.1Beacon lights shall not be included in the design of facilities unless required by the FAA and shall be included when calculating the height of the facility.
91.2.7.6.2Site lighting shall be kept to a minimum in every instance, shall be shielded to direct the light downward, shall be controlled by a manual switch or timed switch of no greater than one hour’s duration and shall not be used except when nighttime maintenance is necessary.
91.2.7.7 Public Way. No high-visibility facility, including equipment buildings, may be located between the face of a building and a public street, bikeway, trail or park.
91.2.7.8 Signage – Advertisements. All non-SCWF must include signage that accurately identifies the site owner/operator, the owner/operator’s site name or identification number, and a toll-free number to the owner/operator’s network operations center. NonSCWF may not bear any other signage or advertisements unless expressly approved by the Planning Director, the Zoning Administrator or the Planning Commission, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations.
91.2.8 Application Requirements. In addition to the standard application submittal requirements described in Section 312-5.2, applicants for wireless telecommunications facilities shall provide the supplemental information listed below.
91.2.8.1As part of an application for any design review, special permit, or use permit for a wireless telecommunications facility, the applicant/permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties that arise from or are in any way related to permit processing and approval, including actions brought under the California Environmental Quality Act, and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of the construction, maintenance and/or operation of the wireless telecommunications facility.
91.2.8.2 Telecommunications Facilities Zoning Clearance Certificate Planning Checklist. Applications for facilities qualified for a zoning clearance certificate process shall include a complete telecommunications facilities zoning clearance certificate planning checklist, as may be amended from time to time, made available by the Planning Division.
91.2.8.3Applications for design review for Tier 2 and Tier 3 facilities shall include the following components:
91.2.8.3.1 Telecommunications Facilities Design Review Planning Checklist. Applications for facilities qualified for a design review shall include a complete telecommunications facilities design review planning checklist, as may be amended from time to time, made available by the Planning Division. The Planning Director shall determine that the requirements of the checklist are met.
91.2.8.3.2 Notice of Application. For all design review applications, the applicant shall provide evidence that they sent a Countyapproved notice to all landowners and residents within three hundred (300) feet of the proposed facility location within a ten (10) day period prior to application submittal.
91.2.8.3.3 Improvement to Network. Provide a vicinity map of the geographic service area for the proposed facility, including the service area of the applicant’s existing sites in the local service network. Describe the coverage or capacity demand that the facility is meant to address.
91.2.8.3.4 Alternatives Analysis. Provide discussion of alternative sites that would accomplish the project goals. Provide specific comparative analysis of how different sites would impact aesthetic values, agricultural, timber and mineral values, and other environmental values, as applicable.
91.2.8.3.5 Visual Impact Analysis. Provide a visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening and landscaping. The analysis shall include photo simulations or a balloon test and other information as necessary to determine visual impact of the facility. The analysis shall include a map depicting where the photos were taken. Where consistent with the natural or built environment, the analysis shall include a native vegetation landscaping plan with a discussion of how the chosen plants, at maturity, will screen the site.
91.2.8.3.6 Noise/Acoustical Information. Provide manufacturer’s specifications for all equipment such as air conditioning units and back-up generators, provide a proposal for a noise-attenuating structure to maintain noise levels below fifty (50) dB, and provide a depiction of the equipment location in relation to adjoining properties.
91.2.8.3.7 Fire Hazards. All applications for non-SCWF shall include information on the site indicating whether it is within a firerelated special district, whether the site is within Local Responsibility Area or State Responsibility Area and identifying the Office of the State Fire Marshal Fire Hazard Severity Zone that is applied to the area; provide a map of sufficient scale showing flammable vegetations surrounding the proposed facilities and indicating how adequate defensible space is to be provided.
91.2.8.3.7.1Proposed facilities located within a fire-related district shall provide a service letter from the applicable fire-related district indicating that structural fire protection services are available to the site.
91.2.8.3.7.2Proposed facilities located outside of a fire-related district shall obtain from an appropriate local fire service provider written acknowledgment of the available emergency response and fire suppression services and recommended mitigations.
91.2.8.3.7.3Proposed facilities located within State Responsibility Area shall provide a letter from CAL FIRE indicating that the map showing defensible space meets the applicable State requirements.
91.2.8.3.7.4Proposed facilities located within moderate, high, or very high fire hazard severity area shall submit a fire prevention plan that recognizes and prepares for the potential for fast moving, wind driven wildfires which could burn adjacent to or through the proposed site as the result of severe fire weather conditions, wildland fuels adjacent to the site, and nearby ignition sources. The plan shall discuss existing, proximate fire hazards, the fire risks posed by the addition of a facility at the location, proposed measures to lessen fire risks associated with the facility and an ongoing maintenance plan. A draft copy of the plan shall be provided to the local fire service provider and CAL FIRE at least ninety (90) days before the start of any construction activities. The final plan shall be approved by CAL FIRE (if SRA) and the fire chief of the fire-related district, if any, at least thirty (30) days prior to the initiation of construction activities. The applicant shall fully implement the plan during all construction and maintenance activities.
91.2.8.3.8 Hazardous Materials. Listing of all hazardous materials to be used on site.
91.2.8.3.9 Access.
91.2.8.3.9.1All applications for new facilities shall show adequate access, turnaround area and parking for emergency response vehicles.
91.2.8.3.9.2For all applications for facilities located in or along a right-of-way, show the location of parking for maintenance personnel that does not obstruct a traffic lane or a traveled way for pedestrians, bicyclists and equestrians.
91.2.8.4Applications for Tier 2 and Tier 3 facilities shall include the following components:
91.2.8.4.1 Height Requirements. If the proposed facility exceeds the maximum height for the underlying zone, the applicant shall provide the following:
91.2.8.4.1.1Evidence establishing the necessity of the proposed height for the facility.
91.2.8.4.1.2A discussion of the physical constraints (topographical features, etc.) making the additional height necessary.
91.2.8.4.2 Co-Location Required. Non-SCWF which exceed the maximum height of the underlying zone shall be built to accommodate future co-location of other carriers where technically and economically feasible and aesthetically desirable. The applicant shall provide a written statement allowing co-location on such facilities.
91.2.8.4.3Applicants may be required to pay the cost of independent review to evaluate siting alternatives, the necessity of the facility based on adequacy of existing coverage, and/or the radio frequency emissions.
91.2.8.5 Notice of Decision. Notice of decision on an application for design review, a special permit or a conditional use permit shall be provided in accordance with Section 312-6.7, Notice of Decision.
91.2.8.6Applications for a SCFW in a County-maintained road right-of-way shall include the following:
91.2.8.6.1 Application Form. The applicant shall submit a complete, duly executed small cell encroachment permit application on the then-current form approved by the Director of Public Works.
91.2.8.6.2 Application Fee. The applicant shall submit the applicable small cell encroachment permit application fee established by Board of Supervisors resolution. Batched applications must include the applicable small cell encroachment permit application fee for each SCFW in the batch.
91.2.8.6.3 Construction Drawings. The applicant shall submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes without limitation any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The construction drawings must: (a) contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes without limitation the manufacturer, model number and physical dimensions; (b) identify all structures within two hundred fifty (250) feet from the proposed project site and call out such structures’ overall height above ground level; (c) depict the applicant’s plan for electric and data backhaul utilities, which shall include the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches, and points of connection; (d) demonstrate that proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes, local street standards and specifications, and public utility regulations and orders; and (e) contain sightlines showing that the proposed facilities will not obstruct visibility of the road or of any existing or proposed driveway.
91.2.8.6.4 Site Survey. For any SCWF proposed to be located within the public rights-of-way, the applicant shall submit a survey prepared, signed and stamped by a California licensed or registered surveyor. The survey must identify and depict all existing boundaries, encroachments and other structures within two hundred fifty (250) feet from the proposed project site, which includes without limitation all: (a) traffic lanes; (b) all private properties and property lines; (c) above- and below-grade utilities and related structures and encroachments; (d) fire hydrants, roadside call boxes, and other public safety infrastructure; (e) streetlights, decorative poles, traffic signals, and permanent signage; (f) sidewalks, driveways, parkways, curbs, gutters and storm drains; (g) benches, trash cans, mailboxes, kiosks and other street furniture; and (h) existing trees, planters, and other landscaping features.
related structures and encroachments; (d) fire hydrants, roadside call boxes, and other public safety infrastructure; (e) streetlights, decorative poles, traffic signals, and permanent signage; (f) sidewalks, driveways, parkways, curbs, gutters and storm drains; (g) benches, trash cans, mailboxes, kiosks and other street furniture; and (h) existing trees, planters, and other landscaping features.
91.2.8.6.5 Photo Simulations. The applicant shall submit site photographs and photo simulations that show the existing location and proposed SCWF in context from at least three (3) vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location for each vantage point.
91.2.8.6.6 Fronting Landowner Consent. The applicant shall submit a statement from the fronting landowner agreeing to the location of the proposed location of the facilities. In the case where a fronting landowner refuses to sign the statement, the applicant shall submit an affidavit detailing the outreach made to the fronting landowner. The statement or affidavit shall be made on the thencurrent form approved by the Director of Public Works.
91.2.8.6.7 Location Consent. When a SCWF is proposed to be constructed on facilities not owned by the applicant or County, the applicant shall submit a statement from the facility owner agreeing to the construction. The statement shall be made on the thencurrent form approved by the Director of Public Works.
91.2.9 Performance Standards. All telecommunications facilities shall be subject to the requirements of this subsection.
91.2.9.1 Inadvertent Archaeological or Native American Remains Discoveries. All discretionary and ministerial permits shall include the condition of approval or note identified in Standard CU-S4.E of the General Plan regarding inadvertent discovery of archaeological or Native American remains.
91.2.9.2 Notification of California Department of Fish and Wildlife (CDFW). If a bird of prey (e.g., hawk, falcon, owl, etc.) establishes a nest on a facility, the permittee shall provide written notification of the nest to the Planning and Building Department and to CDFW within ten (10) days of nest discovery.
91.2.9.3 Maintenance. ¶
91.2.9.3.1All landscaping shall be maintained as shown on the approved landscape plan. Trees and shrubs shall be maintained to screen the site. Dead and dying landscaping shall be replaced in accordance with the approved landscape plan.
91.2.9.3.2All wireless telecommunications sites shall be kept clean and free of litter.
91.2.9.3.3All equipment buildings shall display a legible operator’s contact number for reporting maintenance problems.
91.2.9.3.4Maintenance vehicles servicing facilities located in the public or private right-of-way shall not park on the traveled way or in a manner that would obstruct traffic.
91.2.9.4 FCC Emission Compliance. Records shall be maintained which demonstrate ongoing compliance with FCC emission regulations and guidelines. Records shall be made available to County staff within three (3) business days of the request.
91.2.9.5 Abandonment or Discontinuation of Use.
91.2.9.5.1All operators who intend to abandon or discontinue the use of any wireless telecommunications facility shall notify the County of such intentions no less than sixty (60) days prior to the final day of use.
91.2.9.5.2Wireless telecommunications facilities with use discontinued shall be considered abandoned ninety (90) days following the final day of use.
91.2.9.5.3All abandoned facilities shall be physically removed by the facility owner no more than ninety (90) days following the final day of use or of determination that the facility has been abandoned, whichever occurs first.
91.2.9.6 Revocation. Failure to comply with any condition of approval or standard in this section shall constitute grounds for possible revocation of use pursuant to Section 312-14. (Ord. 2703, § 2, 11/29/2022; Ord. 2769, § 9, 9/23/2025) Your Selections
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99.1 EXCEPTIONS TO DEVELOPMENT STANDARDS ¶
99.1.1 Exceptions to Height Standards. Any structure, building or any architectural feature of a building may be erected to a height greater than the maximum height limits in this division provided that a Special Permit is first obtained. Such excess height, when allowed, will normally be conditioned upon proportional increases in the yards required, or covenants and restrictions ensuring long term affordability of housing for lower income households. (Former Section INL#316-9(a); Amended by Ord. 2472, Sec. 1, 2/14/12)
99.1.2 Exceptions to Lot Size, Lot Width and Lot Depth Standards. In order to encourage housing affordable to lower income households, or better design and cope with difficulties due to topography and other natural or man-made features, minimum lot size, minimum lot width and maximum lot depth in all zones may be modified as specified in the following table, subject to securing a Special Permit. Exceptions for housing affordable to lower income households shall be conditioned to require covenants and restrictions ensuring long term affordability: (Former Section INL#316-9(b); Amended by Ord. 2472, Sec.1, 2/14/12)
EXCEPTIONS TABLE
| EXCEPTIONS TABLE | EXCEPTIONS TABLE | EXCEPTIONS TABLE |
|---|---|---|
| DEVELOPMENT STANDARD |
PERMITTED MODIFICATIONS |
LIMITATIONS |
| Minimum Lot Size | Within mapped Housing Opportunity Zones Minimum Lot Size may be modified down to a minimum of 1,500 square feet. Outside Housing Opportunity Zones, Minimum Lot Size may be modified down to a maximum of fifty (50) percent, or 5,000 square feet, whichever is greater. |
Such modification must be approved in conjunction with a subdivision or lot line adjustment. No lot created by the proposed subdivision or lot line adjustment shall exceed 1.8 times the applicable lot size except housing affordable to lower income households, which may be modified down to a minimum of 1,500 square feet. Lots smaller than 3,000 square feet in size shall not include coastal environmentally sensitive habitat areas or their buffers, streamside management areas, other wet areas, slopes greater than 15%, or other mapped physical constraints as shown on the current residential land inventory GIS maps of the of the Housing Element. Also, the total number of lots created by the subdivision shall not be more than that allowed by the applicable zone. |
| Minimum Lot Width |
Minimum Lot Width may be modified to a maximum of fifty (50) percent. |
Minimum Lot Width shall not be modified below fifty (50) feet. |
| Maximum Lot Depth |
Maximum Lot Depth may be modified up to a maximum of |
Maximum Lot Depth shall not be modified to exceed eight (8) |
| --- | --- | --- |
| EXCEPTIONS TABLE | ||
| DEVELOPMENT STANDARD |
PERMITTED MODIFICATIONS |
LIMITATIONS |
| twice thatpermitted. | times the lot width. |
99.1.3 Exceptions to Yard Standards.
99.1.3.1 Architectural Features. Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half feet (2 ½’) into the minimum required yard. (Former Section INL#316-9(c)(1); Amended by Ord. 1848, Sec. 17, 9/13/88)
99.1.3.2 Uncovered Porches, Decks or Stairways. Uncovered porches, decks or stairways, fire escapes or landings may extend a maximum of six (6) feet into front or rear yards and three (3) feet into side yards. (Former Section INL#316-9(c)(2); Amended by Ord. 1848, Sec. 17, 9/13/88)
99.1.3.3 Developed Block in a Residential Zone. In any R-1, R-2, or RS Zone where more than one-half of the existing and potential lots on the block are occupied with residential main buildings, the required front yard shall be the average of those of the improved sites to a maximum of that required for the zone. (Former Section INL#316-9(c)(3); Amended by Ord. 1848, Sec. 17, 9/13/88)
99.1.3.4 Substandard Lots. Minimum yard standards for substandard lots less than 2 ½ acres in size in AE, TPZ, FR, and AG principal zones and B combining zones shall be reduced to: (Former Section INL#316-9(c)(4); Amended by Ord. 1848, Sec. 17, 9/13/88)
| Front | Twenty (20)feet |
|---|---|
| Rear | Ten(10)feet |
| Interior Side | Five(5)feet |
| Exterior Side | Twenty (20)feet |
99.1.3.5 Other Exceptions to Yard Standards. In any R-1, R-2 or RS Zone, any structure, building or any architectural feature of a building may be constructed within the front yard setback requirements in this division without a Special Permit, and within the side and rear yard setback requirements in this division provided a Special Permit is first obtained. Such reduced yard setback requirements, may be conditioned upon proportional decreases in the maximum building height allowed, and may require a setback reduction agreement with the adjoining property owner(s) unless the project is for housing affordable to lower income households with covenants and restrictions ensuring long term affordability.
Exceptions to the front yard setback may only be allowed provided all the following criteria are met:
the setback is not reduced to less than 10 feet,
the house is located on a dead end street, cul-de-sac, or secondary road that is not included in the Circulation Element of the General Plan,
the garage is not located closer than 20 feet from the street,
the driveway and parking area has adequate clearance from adjacent property lines and structures, and
the street fully complies with County standards along the frontage of the lot. and
the reduced setback is consistent with the County’s Visibility Ordinance. (Ord. 2313A, 12/16/2003)
(Ord. 2313A, 12/16/2003; Ord. 2472, § 1, 2/14/2012)
99.1.4 Exceptions to Lot Coverage Standards. In any R-1 Zone on lots six thousand (6,000) square feet or less in size, or for housing affordable to lower income households with covenants and restrictions ensuring long-term affordability, any structure, building or any architectural feature of a building may be constructed in excess of the lot coverage requirements in this division provided a special permit is first obtained.
rage Standards. In any R-1 Zone on lots six thousand (6,000) square feet or less in size, or for housing affordable to lower income households with covenants and restrictions ensuring long-term affordability, any structure, building or any architectural feature of a building may be constructed in excess of the lot coverage requirements in this division provided a special permit is first obtained.
99.1.4.1 Other Exceptions to Lot Coverage Standards. In any R-1 Zone on lots six thousand (6,000) square feet or less in size, any deck or decks may be constructed in excess of the lot coverage requirements in this division without a special permit provided all following conditions are met:
99.1.4.1.1The building area does not exceed the maximum lot coverage allowed by the zone; and
99.1.4.1.2The total lot coverage of all structures on the lot including the proposed deck does not exceed forty percent (40%); and
99.1.4.1.3The proposed deck does not encroach into the required setbacks; and
99.1.4.1.4The deck is uncovered; and
99.1.4.1.5The deck allows the passage of water so that water can percolate into the soil below. (Ord. 2313A, 12/16/2003)
99.1.4.2 Exceptions to Lot Coverage Standards for Single-Story, Single-Family Residences. In any R-1 Zone within a mapped housing opportunity zone (HOZ) on lots ten thousand (10,000) square feet or less in size, a single-story, single-family home may be constructed up to fifty percent (50%) lot coverage inclusive of garages, decks and accessory structures. (Ord. 2313A, 12/16/2003; Ord. 2472, § 1, 2/14/2012; Ord. 2582, § 1, 10/3/2017)
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99.1 EXCEPTIONS TO DEVELOPMENT STANDARDS ¶
99.1.1 Exceptions to Height Standards. Any structure, building or any architectural feature of a building may be erected to a height greater than the maximum height limits in this division provided that a Special Permit is first obtained. Such excess height, when allowed, will normally be conditioned upon proportional increases in the yards required, or covenants and restrictions ensuring long term affordability of housing for lower income households. (Former Section INL#316-9(a); Amended by Ord. 2472, Sec. 1, 2/14/12)
99.1.2 Exceptions to Lot Size, Lot Width and Lot Depth Standards. In order to encourage housing affordable to lower income households, or better design and cope with difficulties due to topography and other natural or man-made features, minimum lot size, minimum lot width and maximum lot depth in all zones may be modified as specified in the following table, subject to securing a Special Permit. Exceptions for housing affordable to lower income households shall be conditioned to require covenants and restrictions ensuring long term affordability: (Former Section INL#316-9(b); Amended by Ord. 2472, Sec.1, 2/14/12)
EXCEPTIONS TABLE
| EXCEPTIONS TABLE | EXCEPTIONS TABLE | EXCEPTIONS TABLE |
|---|---|---|
| DEVELOPMENT STANDARD |
PERMITTED MODIFICATIONS |
LIMITATIONS |
| Minimum Lot Size | Within mapped Housing Opportunity Zones Minimum Lot Size may be modified down to a minimum of 1,500 square feet. Outside Housing Opportunity Zones, Minimum Lot Size may be modified down to a maximum of fifty (50) percent, or 5,000 square feet, whichever is greater. |
Such modification must be approved in conjunction with a subdivision or lot line adjustment. No lot created by the proposed subdivision or lot line adjustment shall exceed 1.8 times the applicable lot size except housing affordable to lower income households, which may be modified down to a minimum of 1,500 square feet. Lots smaller than 3,000 square feet in size shall not include coastal environmentally sensitive habitat areas or their buffers, streamside management areas, other wet areas, slopes greater than 15%, or other mapped physical constraints as shown on the current residential land inventory GIS maps of the of the Housing Element. Also, the total number of lots created by the subdivision shall not be more than that allowed by the applicable zone. |
| Minimum Lot Width |
Minimum Lot Width may be modified to a maximum of fifty (50) percent. |
Minimum Lot Width shall not be modified below fifty (50) feet. |
| Maximum Lot Depth |
Maximum Lot Depth may be modified up to a maximum of |
Maximum Lot Depth shall not be modified to exceed eight (8) |
| --- | --- | --- |
| EXCEPTIONS TABLE | ||
| DEVELOPMENT STANDARD |
PERMITTED MODIFICATIONS |
LIMITATIONS |
| twice thatpermitted. | times the lot width. |
99.1.3 Exceptions to Yard Standards.
99.1.3.1 Architectural Features. Cornices, eaves, canopies, bay windows, chimneys and similar architectural features may extend a maximum of two and one-half feet (2 ½’) into the minimum required yard. (Former Section INL#316-9(c)(1); Amended by Ord. 1848, Sec. 17, 9/13/88)
99.1.3.2 Uncovered Porches, Decks or Stairways. Uncovered porches, decks or stairways, fire escapes or landings may extend a maximum of six (6) feet into front or rear yards and three (3) feet into side yards. (Former Section INL#316-9(c)(2); Amended by Ord. 1848, Sec. 17, 9/13/88)
99.1.3.3 Developed Block in a Residential Zone. In any R-1, R-2, or RS Zone where more than one-half of the existing and potential lots on the block are occupied with residential main buildings, the required front yard shall be the average of those of the improved sites to a maximum of that required for the zone. (Former Section INL#316-9(c)(3); Amended by Ord. 1848, Sec. 17, 9/13/88)
99.1.3.4 Substandard Lots. Minimum yard standards for substandard lots less than 2 ½ acres in size in AE, TPZ, FR, and AG principal zones and B combining zones shall be reduced to: (Former Section INL#316-9(c)(4); Amended by Ord. 1848, Sec. 17, 9/13/88)
| Front | Twenty (20)feet |
|---|---|
| Rear | Ten(10)feet |
| Interior Side | Five(5)feet |
| Exterior Side | Twenty (20)feet |
99.1.3.5 Other Exceptions to Yard Standards. In any R-1, R-2 or RS Zone, any structure, building or any architectural feature of a building may be constructed within the front yard setback requirements in this division without a Special Permit, and within the side and rear yard setback requirements in this division provided a Special Permit is first obtained. Such reduced yard setback requirements, may be conditioned upon proportional decreases in the maximum building height allowed, and may require a setback reduction agreement with the adjoining property owner(s) unless the project is for housing affordable to lower income households with covenants and restrictions ensuring long term affordability.
Exceptions to the front yard setback may only be allowed provided all the following criteria are met:
the setback is not reduced to less than 10 feet,
the house is located on a dead end street, cul-de-sac, or secondary road that is not included in the Circulation Element of the General Plan,
the garage is not located closer than 20 feet from the street,
the driveway and parking area has adequate clearance from adjacent property lines and structures, and
the street fully complies with County standards along the frontage of the lot. and
the reduced setback is consistent with the County’s Visibility Ordinance. (Ord. 2313A, 12/16/2003)
(Ord. 2313A, 12/16/2003; Ord. 2472, § 1, 2/14/2012)
99.1.4 Exceptions to Lot Coverage Standards. In any R-1 Zone on lots six thousand (6,000) square feet or less in size, or for housing affordable to lower income households with covenants and restrictions ensuring long-term affordability, any structure, building or any architectural feature of a building may be constructed in excess of the lot coverage requirements in this division provided a special permit is first obtained.
rage Standards. In any R-1 Zone on lots six thousand (6,000) square feet or less in size, or for housing affordable to lower income households with covenants and restrictions ensuring long-term affordability, any structure, building or any architectural feature of a building may be constructed in excess of the lot coverage requirements in this division provided a special permit is first obtained.
99.1.4.1 Other Exceptions to Lot Coverage Standards. In any R-1 Zone on lots six thousand (6,000) square feet or less in size, any deck or decks may be constructed in excess of the lot coverage requirements in this division without a special permit provided all following conditions are met:
99.1.4.1.1The building area does not exceed the maximum lot coverage allowed by the zone; and
99.1.4.1.2The total lot coverage of all structures on the lot including the proposed deck does not exceed forty percent (40%); and
99.1.4.1.3The proposed deck does not encroach into the required setbacks; and
99.1.4.1.4The deck is uncovered; and
99.1.4.1.5The deck allows the passage of water so that water can percolate into the soil below. (Ord. 2313A, 12/16/2003)
99.1.4.2 Exceptions to Lot Coverage Standards for Single-Story, Single-Family Residences. In any R-1 Zone within a mapped housing opportunity zone (HOZ) on lots ten thousand (10,000) square feet or less in size, a single-story, single-family home may be constructed up to fifty percent (50%) lot coverage inclusive of garages, decks and accessory structures. (Ord. 2313A, 12/16/2003; Ord. 2472, § 1, 2/14/2012; Ord. 2582, § 1, 10/3/2017)
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102.1 HEIGHT AND SIZE LIMITATIONS AND MODIFICATIONS
102.1.1Heights of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point on the roof; but chimneys, stacks, vents, flagpoles, conventional television reception antennas, elevator, ventilating and air-conditioning equipment, parapet walls and similar architectural and mechanical appurtenances shall be excluded in making such measurement. (Former Section INL#316-7(a); Ord. 1623, Sec. 2, 12/13/83)
ge ground level of the ground covered by the building to the highest point on the roof; but chimneys, stacks, vents, flagpoles, conventional television reception antennas, elevator, ventilating and air-conditioning equipment, parapet walls and similar architectural and mechanical appurtenances shall be excluded in making such measurement. (Former Section INL#316-7(a); Ord. 1623, Sec. 2, 12/13/83)
102.1.2Detached accessory buildings in Residential (R-1, R-2, R-3, R-4, RS) Zones, and in Unclassified (U) Zones where the General Plan designates the area for residential development, shall conform with the following development standards: (Former Section INL#316-7(b); Ord. 1623, Sec. 2, 12/13/83; Amended by Ord. 1726, Sec. 2, 3/4/86)
102.1.2.1 Maximum Building Height.
102.1.2.1.1Fifteen (15) feet on lots 20,000 square feet or smaller in lot area.
102.1.2.1.2Twenty-six (26) feet on lots larger than 20,000 square feet in lot area.
102.1.2.2 Maximum Gross Floor Area.
102.1.2.2.11,000 square feet on lots 20,000 square feet or smaller in lot area.
102.1.2.2.21,500 square feet on lots larger than 20,000 square feet in lot area.
Detached accessory buildings exceeding the applicable development standards in this subsection may be permitted upon the securement of a Special Permit. (Former Section INL#316-7(b); Ord. 1623, Sec. 2, 12/13/83; Amended by Ord. 1726, Sec. 2, 3/4/86)
102.1.3Any fence, building, or any architectural feature of a building may be erected to a height greater than the maximum height limit of the zone in which it is located provided that a Special Permit is first obtained. Such excess height, when allowed, will normally be conditioned upon proportional increases in the yards required. (Former Section INL#316-7(c); Ord. 519, Sec. 607, 5/11/65; Amended by Ord. , Sec. , / /88) (Ord. 2748, § 2, 10/1/2024)
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102.1 HEIGHT AND SIZE LIMITATIONS AND MODIFICATIONS
102.1.1Heights of buildings and structures shall be measured vertically from the average ground level of the ground covered by the building to the highest point on the roof; but chimneys, stacks, vents, flagpoles, conventional television reception antennas, elevator, ventilating and air-conditioning equipment, parapet walls and similar architectural and mechanical appurtenances shall be excluded in making such measurement. (Former Section INL#316-7(a); Ord. 1623, Sec. 2, 12/13/83)
102.1.2Detached accessory buildings in Residential (R-1, R-2, R-3, R-4, RS) Zones, and in Unclassified (U) Zones where the General Plan designates the area for residential development, shall conform with the following development standards: (Former Section INL#316-7(b); Ord. 1623, Sec. 2, 12/13/83; Amended by Ord. 1726, Sec. 2, 3/4/86)
102.1.2.1 Maximum Building Height.
102.1.2.1.1Fifteen (15) feet on lots 20,000 square feet or smaller in lot area.
102.1.2.1.2Twenty-six (26) feet on lots larger than 20,000 square feet in lot area.
102.1.2.2 Maximum Gross Floor Area.
102.1.2.2.11,000 square feet on lots 20,000 square feet or smaller in lot area.
102.1.2.2.21,500 square feet on lots larger than 20,000 square feet in lot area.
Detached accessory buildings exceeding the applicable development standards in this subsection may be permitted upon the securement of a Special Permit. (Former Section INL#316-7(b); Ord. 1623, Sec. 2, 12/13/83; Amended by Ord. 1726, Sec. 2, 3/4/86)
102.1.3Any fence, building, or any architectural feature of a building may be erected to a height greater than the maximum height limit of the zone in which it is located provided that a Special Permit is first obtained. Such excess height, when allowed, will normally be conditioned upon proportional increases in the yards required. (Former Section INL#316-7(c); Ord. 519, Sec. 607, 5/11/65; Amended by Ord. , Sec. , / /88) (Ord. 2748, § 2, 10/1/2024)
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105.1 OUTDOOR LIGHTING
105.1.1 Purpose. These outdoor lighting regulations are intended to:
105.1.1.1Establish reasonable design standards for outdoor lighting to minimize light pollution, while maintaining nighttime safety, utility, security, and the enjoyment of the night sky;
105.1.1.2Minimize light trespass by limiting outdoor lighting that is misdirected;
105.1.1.3Require lighting to be focused on the developed environment to protect the natural environment from the damaging effects of lighting trespass;
105.1.1.4Provide a process to address degradation of the nighttime visual environment and the night sky; and
105.1.1.5Provide a process to address light trespass.
105.1.2 General Regulations. The following regulations shall apply to all outdoor lighting, unless specified elsewhere:
105.1.2.1To minimize the effects of light trespass and light pollution, outdoor lighting shall:
105.1.2.1.1Be illuminated only when the area to be illuminated is actively being used or to address safety needs;
105.1.2.1.2Limit the area to be illuminated to the area of the property engaged in a permitted activity; and
105.1.2.1.3Be shielded and directed downward.
105.1.2.2All outdoor lighting fixtures shall:
105.1.2.2.1Be fully shielded to preclude light glow above the fixture and from going beyond the intended area of illumination. Light fixtures that use translucent material to cover the light source may be acceptable if the bulbs have a correlated color temperature (CCT) of two thousand seven hundred (2,700) Kelvin (K) or less in lieu of being fully shielded.
105.1.2.2.2Be directed downward and not toward:
105.1.2.2.2.1Neighboring properties, the public right-of-way, biological resources, or the sky.
105.1.2.2.3Not create light trespass or spillover onto neighboring properties or biological resources.
105.1.2.3Other County laws or ordinances may have different requirements for specific applications and may conflict with these regulations. In such cases, those laws or ordinances shall govern.
105.1.3 Prohibited Lighting.
105.1.3.1The following lighting systems are prohibited:
105.1.3.1.1Aerial lasers;
105.1.3.1.2Search-light style lights;
105.1.3.1.3Mercury vapor lights;
105.1.3.1.4Flashing lights;
105.1.3.1.5Low-pressure sodium fixtures; and
105.1.3.1.6Any lighting that creates distraction to the traveling public.
105.1.3.2A Conditional Use Permit may allow for lighting systems that are prohibited above to be used for a special event if the following findings can be made:
105.1.3.2.1The lighting system is necessary for the proposed use.
105.1.3.2.2The lighting system will not spill onto neighboring properties.
105.1.4 Exempt Lighting. The following outdoor lighting fixtures are exempt provided there is no light trespass onto neighboring properties, the night sky, or biological resources:
105.1.4.1Temporary holiday decorations;
105.1.4.2Light fixtures used to illuminate flags, subject to Federal and State flag code, shall use a very narrow beam of light for the purpose of confining the light to the object of interest and minimizing light trespass;
105.1.4.3String lights with a CCT of two thousand seven hundred (2,700) K or less, provided they are turned off by 10:00 p.m.;
105.1.4.4Emergency lighting; and
105.1.4.5Motion detector lighting fixtures provided:
105.1.4.5.1Maximum time the light is on after being triggered is five (5) minutes; and
105.1.4.5.2Light cannot be triggered from outside of the subject property.
105.1.5 Lighting for Residential Use. All outdoor lighting fixtures for residential use shall be subject to subsection 314-105.1.2.
105.1.5.1 Maximum Illumination. Outdoor lighting fixtures shall not exceed one thousand one hundred (1,100) lumens.
105.1.6 Lighting for Agricultural/Commercial/Industrial Use. All outdoor lighting fixtures for agricultural, commercial, and/or industrial use shall be installed and operated in conformance with subsection 314-105.1.2 and subsection 314-105.1.6.1:
105.1.6.1 Maximum Illumination.
105.1.6.1.1Outdoor lighting fixtures shall not exceed three thousand two hundred (3,200) lumens.
105.1.6.1.2When adjacent to a residential area, lighting at the property boundary line shall not exceed three-tenths (0.3) foot-candles.
105.1.6.1.3Lighting along the public right-of-way shall not exceed one (1) foot-candle.
105.1.6.2 Height Limit. Lights mounted on poles or structures intended primarily for mounting lights shall not exceed a mounting height of twenty (20) feet high.
105.1.6.3 Parking Lots. Parking lot lighting shall utilize bulbs that have a CCT of two thousand seven hundred (2,700) K or less between sunset and sunrise.
- 105.1.6.4 Modifications. The standards within subsection 314 105.1.6 may be modified with the approval of a Conditional Use Permit.
105.1.7 Athletic Field Lighting. Lighting used to illuminate the field of play shall be subject to a Conditional Use Permit.
105.1.8 Conformance Review. Any new or modified development project shall submit a lighting plan as part of the building permit application. The applicant shall, as a part of the lighting plan, submit sufficient information to enable the County Planning and Building Department to determine whether the proposed lighting complies with the provisions of this section. The lighting plan shall include the following:
105.1.8.1A site plan indicating the proposed location of all outdoor lighting fixtures that are included in the development; and
105.1.8.2A cut sheet of the fixture(s) to be used, showing the shielding, and light dispersion, which will be shown in foot-candles and CCT.
105.1.8.3The project lighting plan shall be coordinated with any associated landscaping plan to prevent site planning conflicts.
105.1.9 Pre-Existing Lighting. Any outdoor lighting fixture that was installed prior to the adoption of these regulations and was consistent with zoning regulations at the time of installation may remain in its installed form subject to the following:
105.1.9.1Should the County receive a complaint for a lighting nuisance, the Planning Director may require that the light be shielded, filtered, redirected, replaced with a less intense light source, removed or a combination thereof, to eliminate light trespass or light pollution.
105.1.9.2 Substantial Change of Use and/or Alterations. If a property with noncompliant lighting substantially changes or expands uses after the effective date of these regulations, then any new outdoor lighting associated with the substantial change, expansion, and/or alteration must be compliant with this section. (Ord. 2767, § 2, 8/19/2025) Your Selections
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105.1 OUTDOOR LIGHTING
105.1.1 Purpose. These outdoor lighting regulations are intended to:
105.1.1.1Establish reasonable design standards for outdoor lighting to minimize light pollution, while maintaining nighttime safety, utility, security, and the enjoyment of the night sky;
105.1.1.2Minimize light trespass by limiting outdoor lighting that is misdirected;
105.1.1.3Require lighting to be focused on the developed environment to protect the natural environment from the damaging effects of lighting trespass;
105.1.1.4Provide a process to address degradation of the nighttime visual environment and the night sky; and
105.1.1.5Provide a process to address light trespass.
105.1.2 General Regulations. The following regulations shall apply to all outdoor lighting, unless specified elsewhere:
105.1.2.1To minimize the effects of light trespass and light pollution, outdoor lighting shall:
105.1.2.1.1Be illuminated only when the area to be illuminated is actively being used or to address safety needs;
105.1.2.1.2Limit the area to be illuminated to the area of the property engaged in a permitted activity; and
105.1.2.1.3Be shielded and directed downward.
105.1.2.2All outdoor lighting fixtures shall:
105.1.2.2.1Be fully shielded to preclude light glow above the fixture and from going beyond the intended area of illumination. Light fixtures that use translucent material to cover the light source may be acceptable if the bulbs have a correlated color temperature (CCT) of two thousand seven hundred (2,700) Kelvin (K) or less in lieu of being fully shielded.
105.1.2.2.2Be directed downward and not toward:
105.1.2.2.2.1Neighboring properties, the public right-of-way, biological resources, or the sky.
105.1.2.2.3Not create light trespass or spillover onto neighboring properties or biological resources.
105.1.2.3Other County laws or ordinances may have different requirements for specific applications and may conflict with these regulations. In such cases, those laws or ordinances shall govern.
105.1.3 Prohibited Lighting.
105.1.3.1The following lighting systems are prohibited:
105.1.3.1.1Aerial lasers;
105.1.3.1.2Search-light style lights;
105.1.3.1.3Mercury vapor lights;
105.1.3.1.4Flashing lights;
105.1.3.1.5Low-pressure sodium fixtures; and
105.1.3.1.6Any lighting that creates distraction to the traveling public.
105.1.3.2A Conditional Use Permit may allow for lighting systems that are prohibited above to be used for a special event if the following findings can be made:
105.1.3.2.1The lighting system is necessary for the proposed use.
105.1.3.2.2The lighting system will not spill onto neighboring properties.
105.1.4 Exempt Lighting. The following outdoor lighting fixtures are exempt provided there is no light trespass onto neighboring properties, the night sky, or biological resources:
105.1.4.1Temporary holiday decorations;
105.1.4.2Light fixtures used to illuminate flags, subject to Federal and State flag code, shall use a very narrow beam of light for the purpose of confining the light to the object of interest and minimizing light trespass;
105.1.4.3String lights with a CCT of two thousand seven hundred (2,700) K or less, provided they are turned off by 10:00 p.m.;
105.1.4.4Emergency lighting; and
105.1.4.5Motion detector lighting fixtures provided:
105.1.4.5.1Maximum time the light is on after being triggered is five (5) minutes; and
105.1.4.5.2Light cannot be triggered from outside of the subject property.
105.1.5 Lighting for Residential Use. All outdoor lighting fixtures for residential use shall be subject to subsection 314-105.1.2.
105.1.5.1 Maximum Illumination. Outdoor lighting fixtures shall not exceed one thousand one hundred (1,100) lumens.
105.1.6 Lighting for Agricultural/Commercial/Industrial Use. All outdoor lighting fixtures for agricultural, commercial, and/or industrial use shall be installed and operated in conformance with subsection 314-105.1.2 and subsection 314-105.1.6.1:
105.1.6.1 Maximum Illumination.
105.1.6.1.1Outdoor lighting fixtures shall not exceed three thousand two hundred (3,200) lumens.
105.1.6.1.2When adjacent to a residential area, lighting at the property boundary line shall not exceed three-tenths (0.3) foot-candles.
105.1.6.1.3Lighting along the public right-of-way shall not exceed one (1) foot-candle.
105.1.6.2 Height Limit. Lights mounted on poles or structures intended primarily for mounting lights shall not exceed a mounting height of twenty (20) feet high.
105.1.6.3 Parking Lots. Parking lot lighting shall utilize bulbs that have a CCT of two thousand seven hundred (2,700) K or less between sunset and sunrise.
- 105.1.6.4 Modifications. The standards within subsection 314 105.1.6 may be modified with the approval of a Conditional Use Permit.
105.1.7 Athletic Field Lighting. Lighting used to illuminate the field of play shall be subject to a Conditional Use Permit.
105.1.8 Conformance Review. Any new or modified development project shall submit a lighting plan as part of the building permit application. The applicant shall, as a part of the lighting plan, submit sufficient information to enable the County Planning and Building Department to determine whether the proposed lighting complies with the provisions of this section. The lighting plan shall include the following:
105.1.8.1A site plan indicating the proposed location of all outdoor lighting fixtures that are included in the development; and
105.1.8.2A cut sheet of the fixture(s) to be used, showing the shielding, and light dispersion, which will be shown in foot-candles and CCT.
105.1.8.3The project lighting plan shall be coordinated with any associated landscaping plan to prevent site planning conflicts.
105.1.9 Pre-Existing Lighting. Any outdoor lighting fixture that was installed prior to the adoption of these regulations and was consistent with zoning regulations at the time of installation may remain in its installed form subject to the following:
105.1.9.1Should the County receive a complaint for a lighting nuisance, the Planning Director may require that the light be shielded, filtered, redirected, replaced with a less intense light source, removed or a combination thereof, to eliminate light trespass or light pollution.
105.1.9.2 Substantial Change of Use and/or Alterations. If a property with noncompliant lighting substantially changes or expands uses after the effective date of these regulations, then any new outdoor lighting associated with the substantial change, expansion, and/or alteration must be compliant with this section. (Ord. 2767, § 2, 8/19/2025) Your Selections
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106.9 MANUFACTURED HOME PARK CONVERSION
106.9.1 Purpose. The purpose of the Manufactured home Park Conversion procedure is to ensure that any conversion of manufactured home parks to other uses is preceded by adequate notice, that the social and fiscal impacts of the proposed conversion are adequately defined prior to consideration of the proposed conversion, and that relocation and other assistance is provided to park residents when warranted, consistent with California Government Code, Section 65863.7 and 66427.4. (Ord. 2557, § 1, 8/16/2016)
106.9.2 Applicability. This Chapter applies to applications for closure of manufactured home parks. Reasons for closure may include conversion to another land use and/or financial considerations of the park owner. (Ord. 2557, § 1, 8/16/2016)
106.9.3 Definitions. The below definitions pertain to Section 106.9.1.
106.9.3.1“Applicant” means a person or entity who has filed an application for change of use of a manufactured home park. (Ord. 2557, § 1, 8/16/2016)
106.9.3.2“Change of use”, is defined in Civil Code 798.10, and Government Code Section 65863.7, and includes closure, cessation or change of use of the manufactured home park. It includes the use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and does not mean the adoption, amendment, or repeal of a park rule or regulation. A change of use may affect an entire park or any portion thereof. “Change of use” includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are sold. (Ord. 2557, § 1, 8/16/2016)
106.9.3.3“Manufactured home park closure” includes any closure, cessation or change of use of the park. A closure includes ceasing to rent manufactured home lots for human habitation and displacement of manufactured home park residents or when 25 percent of more of the manufactured home units or lots within a park become vacant. (Ord. 2557, § 1, 8/16/2016)
106.9.3.5“Eligible manufactured home resident” or “permanent resident” means a manufactured home resident whose manufactured home was located in a manufactured home park or resident of a recreational vehicle renting space in a manufactured home park on the date of an application for change of use. Eligible manufactured home resident includes the spouse, parents, children and grandchildren of the permanent resident when those persons resided in the manufactured home on the date of the application. (Ord. 2557, § 1, 8/16/2016)
106.9.3.6“Legal owner” means any person or entity having an ownership interest in a manufactured home other than the registered owner, such as a lender or mortgagor.
106.9.3.7“Manufactured home” has the meaning set forth in Section 798.3 of the California Civil Code. Mobilehomes are included in this definition. (Ord. 2557, § 1, 8/16/2016)
106.9.3.8“Manufactured home owner” means the registered owner or registered owners of a manufactured home, regardless of the number of such owners or the form of such ownership. (Ord. 2557, § 1, 8/16/2016)
106.9.3.9“Manufactured home park” or “park” has the same meaning set forth in Section 798.4 and 798.6 of the California Civil Code. (Ord. 2557, § 1, 8/16/2016)
106.9.3.10“Manufactured home park owner” or “park owner” means the person, persons or entity that owns a manufactured home park and includes any person authorized by the park owner to seek approval of an application for change of use or respond to a rent review petition filed pursuant to this chapter. (Ord. 2557, § 1, 8/16/2016)
106.9.3.13“Manufactured home renter” or “renter” is a person who occupies a manufactured home within a manufactured home park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, was not the owner of that manufactured home. (Ord. 2557, § 1, 8/16/2016)
106.9.4 Permit Requirements for a Change of Use. The conversion of an existing manufactured home park to another use shall require a special permit to be reviewed and approved by the Planning Commission. It is the park owner’s responsibility to comply with the notice requirements of subsections g (l) and (2) of Civil Code Section 798.56. Because the Civil Code Section 798.56(g)(2) notice cannot be given until after the approval of both the project and the sufficiency of the relocation impact report (RIR), the park owner is encouraged to consult with staff early in the process about the contents of the RIR. (Ord. 2557, § 1, 8/16/2016)
106.9.5 Relocation Impact Report. An application for a special permit for a conversion of an existing manufactured home park to another use shall include a relocation impact report (RIR) with all the following information.
106.9.5.1A general description of any proposed change of use, or change without new use;
106.9.5.2A timetable for conversion of the park;
106.9.5.3A legal description of the park;
106.9.5.4The number of spaces in the park, length of occupancy by the current occupant of each space and current rental rate for each space;
106.9.5.5The date of manufacture and size of each manufactured home, description of outbuildings and accessory structures construction on the lots and the cost to move them;
106.9.5.6The name and mailing address of each eligible manufactured home tenant, manufactured home resident, resident manufactured home owner and legal owner of a manufactured home in the park;
106.9.5.7A list of comparable manufactured home parks within a thirty mile radius of the applicant’s manufactured home park. For each comparable park, the list should, if possible, state the criteria of that park for accepting relocated manufactured homes, rental rates and the name, number and size of spaces, address and telephone number of the park representative having authority to accept relocated homes, including any written commitments from manufactured home park owners willing to accept displaced manufactured homes;
106.9.5.8The purchase price of other housing of similar in size to the manufactured homes within a reasonable distance, and the rental rates and moving costs involved in moving to an apartment or other rental unit within a reasonable distance including, but not limited to, fees charged by moving companies and any requirement for payment of the first and last month’s rent and security deposits;
106.9.5.9Estimates as to the minimum cost of moving each manufactured home, including tear-down and set-up of manufactured homes and moving of improvements such as porches, carports, patios and other moveable amenities installed by the residents;
106.9.5.10An in-place appraisal conducted by a qualified appraiser. The appraisals shall identify those manufactured homes which cannot be moved due to type, age or other considerations. Appraisal information shall be provided on the effect upon the homeowner’s investment in the manufactured home, such as the change in value of effected manufactured homes that would result from the proposed change in use.
106.9.5.11Identification of a qualified relocation specialist to assist residents in finding relocation spaces and alternate housing;
106.9.5.12A Relocation Plan as specified in Section 106.9.7 below. (Ord. 2557, § 1, 8/16/2016)
106.9.6 Notice Requirements. The following notice requirements are in addition to any notice regularly required for special permits. The applicant shall verify that a good faith effort has been made to ensure that each manufactured home owner and tenant has received or will receive each of the following notices and documents. No hearing on a proposed manufactured home park closure shall be scheduled until the applicant has provided verification of notification. (Added by Ord. 2557, Sec. 1, 08/16/2016)
106.9.6.1 Notice of Intent. A Notice of Intent by the applicant to convert or close the manufactured home park shall be sent by the applicant by certified mail at least nine (9) months prior to submittal of the special permit application to the County. After the Notice of Intent has been issued, the applicant shall inform all new or prospective residents and/or manufactured home owners that the applicant has requested County approval, or intends to request County approval, of a change of use or that a change of use request has been granted, in compliance with Civil Code Section 798.56(g). (Ord. 2557, § 1, 8/16/2016)
t application to the County. After the Notice of Intent has been issued, the applicant shall inform all new or prospective residents and/or manufactured home owners that the applicant has requested County approval, or intends to request County approval, of a change of use or that a change of use request has been granted, in compliance with Civil Code Section 798.56(g). (Ord. 2557, § 1, 8/16/2016)
106.9.6.2 Written Notice & Relocation Impact Report. A written notice, in addition to the regular public hearing notice shall be delivered at least 15 days before the application submittal for a special permit, informing residents that the applicant will be appearing before the Planning Commission to request permits for a change of use of the manufactured home park. A copy of the Relocation Impact Report shall be included with this notice. (Ord. 2557, § 1, 8/16/2016)
106.9.6.3 Notice of termination of tenancy. The applicant shall provide all residents proposed to be displaced and the owners of manufactured home proposed to be displaced a written “notice of termination of tenancy” that provides the affected residents or owners a minimum of six (6) months’ notice to vacate following the effective date of the approved special permit. The notice shall be sent by certified mail to each manufactured home owner and tenant within 10 calendar days following the effective date of the approved special permit. (Ord. 2557, § 1, 8/16/2016)
106.9.7 Conditions of Approval. Approval of a special permit shall include reasonable conditions of approval which shall not exceed the reasonable costs as set forth in this ordinance. Manufactured home park owners who are not permanent residents are not eligible for relocation benefits. The special permit shall identify relocation options for each displaced manufactured home occupant in a Relocation Plan, as follows:
106.9.7.1 Relocation assistance for manufactured home owners whose homes can be relocated. The applicant shall pay all costs related to moving the manufactured home, fixtures, and accessories to comparable manufactured home park within a reasonable distance. Relocation shall include disassembly and moving costs, manufactured home set-up costs, utility hook-up fees, moving of the manufactured home owner’s possessions, any move-in deposit and the reasonable housing expenses for displaced manufactured home residents for a period not exceeding 30 days from the date of actual displacement until the date of occupancy at the new site. The comparable manufactured home park, or manufactured home owner-approved receiving site, and the relocated manufactured home shall conform to all applicable Federal, State, and County regulations. In addition, the applicant shall provide displaced manufactured
home owners with the payment of a lump sum equal to the difference of rent between the old and new manufactured home park spaces for a period of 12 months, if the new rent exceeds the old rent. (Ord. 2557, § 1, 8/16/2016)
106.9.7.2 Relocation assistance for manufactured home owners whose homes cannot be relocated. In cases in which it is not feasible to relocate the manufactured home to a comparable manufactured home park, including those in which the condition of the manufactured home is such that it cannot be safely relocated, or in cases where the manufactured home does not meet minimum requirements to be accepted into another manufactured home park, the applicant shall provide the following relocation assistance to each manufactured home owner who is a permanent resident:
106.9.7.2.1The applicant shall be required to pay for the in-place value of the manufactured home and cost of disposal of the manufactured home in an approved facility; and
106.9.7.2.2Each displaced manufactured home household will received a lump sum difference between current space rent and rent for a housing unit of a size appropriate, according to California Health and Safety code Section 50052.5 (h), to accommodate the displaced household for a period of 12 months. Lump sum funds due the resident may be paid directly to the new park owner as pre-paid rent upon request by the displaced household. (Ord. 2557, § 1, 8/16/2016)
106.9.7.3 Relocation Assistance for non-manufactured home residents. For permanent residents whose residential units do not meet the definition of a manufactured home, such as a recreational vehicle, the applicant shall pay the same benefits as a manufactured home resident. (Ord. 2557, § 1, 8/16/2016)
106.9.7.4 Relocation assistance for manufactured home renters. The applicant shall pay a sum equal to three months of fair market rent for the area as determined by HUD pursuant to Section 1437(c)(1) of Title 42 of the Unites States Code or four thousand dollars ($4,000) , whichever is greater, to each displaced household. (Ord. 2557, § 1, 8/16/2016)
106.9.7.5 Relocation Counselor. The applicant shall offer to provide to all displaced manufactured home owners and residents the services of a Relocation Counselor to provide information about the available housing resources and to assist with the selection of suitable relocation alternatives.
106.9.7.5.1The Relocation Counselor shall be familiar with the region’s housing market and qualified to assist residents to evaluate, select, and secure placement in the replacement housing, to arrange the moving of all of the household’s personal property, and to render financial advice on qualifying for various housing types. (Ord. 2557, § 1, 8/16/2016)
106.9.7.5.2No later than 30 calendar days after the issuance of the special permit for the manufactured home park closure, the Relocation Counselor shall make personal contract with each displaced resident of the manufactured home park and commence to determine the applicable relocation costs and assistance to be provided. The relocation Counselor shall give to each person eligible to receive relocation assistance a written notice of his or her options for relocation assistance as determined by the special permit. (Ord. 2557, § 1, 8/16/2016)
(Ord. 2557, § 1, 8/16/2016)
106.9.8 Vacancy of Manufactured home Park of 25 Percent or More.
106.9.8.1Whenever 25 percent or more of the total number of manufactured home sites within a manufactured home park are uninhabited for more than 90 consecutive days, and such condition was not caused by a natural or physical disaster beyond the control of the manufactured home park owner, then such condition shall be deemed a “manufactured home park closure” for the purposes of this ordinance. The manufactured home park owner shall file an application for the manufactured home park closure, in compliance with this Section. A manufactured home site is considered to be “uninhabited” when no rent is being paid for use of the site and it is either (i) unoccupied by a manufactured home or (ii) occupied by a manufactured home in which no person resides. (Ord. 2557, § 1, 8/16/2016)
106.9.8.2A manufactured home resident or other interested party who has reason to believe that 25% or more of the total number of manufactured home sites within a manufactured home park are uninhabited may file a written statement to that effect with the Director of Planning and Building. The Director or his designee shall investigate and make a determination as to whether an unauthorized manufactured home park closure is underway. Once the Director determines whether an unauthorized manufactured home park closure is underway, a written notice that describes such determination shall be sent by the County to the manufactured home park owner, manufactured home park manager, and the person who filed the written complaint. (Ord. 2557, § 1, 8/16/2016)
106.9.9 Request for Exemption from Relocation Assistance Requirements.
106.9.9.1Any person who files an application for a special permit for the closure of a manufactured home park may, simultaneous with and as part of the filing of such application, request an exemption from some or all of the relocation assistance requirements described above in Section 106.9.7 (Conditions of Approval). The request shall be processed in conjunction with the application for the special permit, and shall be distributed to each resident household and manufactured home owner at the time of application submittal, as specified in Section 106.9.6.2. (Ord. 2557, § 1, 8/16/2016)
106.9.9.2The applicant may request an exemption if the relocation assistance required exceeds the reasonable costs of relocation for displaced manufactured home park residents, as prescribed by Government Code Section 65863.7 (e), or as part of bankruptcy the
court has taken action that would prohibit or preclude the payment of relocation assistance benefits, in whole or in part, or if the relocation assistance required would cause an undue burden or hardship. (Ord. 2557, § 1, 8/16/2016)
106.9.9.3Any request for exemptions submitted in compliance with this section shall contain at a minimum, the following information:
106.9.9.3.1Statements of profit and loss from operations of the manufactured home park for the five-year period immediately preceding the date of the application of exemption, certified by a certified public accountant. All such statements shall be maintained in confidence to the extent permitted by the California Public Records Act.
106.9.9.3.2An estimate of the total cost of relocation assistance which would be required in compliance with Section 106.9.7 (Conditions of Approval). This estimate shall be based on surveys, appraisals and reports that document the number of residents of the park who are able to relocate their manufactured homes and those who would sell their manufactured homes, and the costs related to providing the relocation assistance.
106.9.9.3.3If the applicant contends that continued use of the property as a manufactured home park necessitates repairs and/or improvements that are not the result of the park owner or applicant’s negligence or failure to properly maintain the said property, and that the costs thereof makes continuation of the manufactured home park economically feasible, then the report shall include a report by a civil engineer or licenses general contractor outlining the costs.
106.9.9.3.4If the proposed closure is due to conversion of the land to another use an estimate of the value of the manufactured home park, an estimate of the value as is, and estimate of value after the change will be required. These estimates shall be prepared by a certified real estate appraiser.
106.9.9.3.5Any request for exemption filed pursuant to Subsection 106.9.9.1, above, shall be accompanied by adequate documentation regarding the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders and decrees of the said court. (Ord. 2557, § 1, 8/16/2016)
106.9.9.4When making its determination as to whether to waive or modify a portion or all of any type of benefit that would otherwise be applicable, the Commission may take into account the financial history of the manufactured home park, its condition and the condition of the amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of said park, the estimated costs of relocation, the fair market value of the property for any proposed alternative use, the fair market value of the property for continued use as a manufactured home park, and any other pertinent evidence requested or presented. The Commission shall expressly indicate in its decision any waiver and the extent thereof. (Ord. 2557, § 1, 8/16/2016)
106.9.9.5Where a court has determined in connection with a proceeding in bankruptcy that the closure or cessation of the use of said property as a manufactured home park is necessary, and such court has taken action which would prohibit or preclude payment of relocation benefits, whether in whole or in part, the Commission shall have the authority to waive all or a portion of any type of benefit to the extent necessary to comply with the judgment, order, or decree of the court. (Ord. 2557, § 1, 8/16/2016) Your Selections
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106.9 MANUFACTURED HOME PARK CONVERSION
106.9.1 Purpose. The purpose of the Manufactured home Park Conversion procedure is to ensure that any conversion of manufactured home parks to other uses is preceded by adequate notice, that the social and fiscal impacts of the proposed conversion are adequately defined prior to consideration of the proposed conversion, and that relocation and other assistance is provided to park residents when warranted, consistent with California Government Code, Section 65863.7 and 66427.4. (Ord. 2557, § 1, 8/16/2016)
106.9.2 Applicability. This Chapter applies to applications for closure of manufactured home parks. Reasons for closure may include conversion to another land use and/or financial considerations of the park owner. (Ord. 2557, § 1, 8/16/2016)
106.9.3 Definitions. The below definitions pertain to Section 106.9.1.
106.9.3.1“Applicant” means a person or entity who has filed an application for change of use of a manufactured home park. (Ord. 2557, § 1, 8/16/2016)
106.9.3.2“Change of use”, is defined in Civil Code 798.10, and Government Code Section 65863.7, and includes closure, cessation or change of use of the manufactured home park. It includes the use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and does not mean the adoption, amendment, or repeal of a park rule or regulation. A change of use may affect an entire park or any portion thereof. “Change of use” includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are sold. (Ord. 2557, § 1, 8/16/2016)
106.9.3.3“Manufactured home park closure” includes any closure, cessation or change of use of the park. A closure includes ceasing to rent manufactured home lots for human habitation and displacement of manufactured home park residents or when 25 percent of more of the manufactured home units or lots within a park become vacant. (Ord. 2557, § 1, 8/16/2016)
106.9.3.5“Eligible manufactured home resident” or “permanent resident” means a manufactured home resident whose manufactured home was located in a manufactured home park or resident of a recreational vehicle renting space in a manufactured home park on the date of an application for change of use. Eligible manufactured home resident includes the spouse, parents, children and grandchildren of the permanent resident when those persons resided in the manufactured home on the date of the application. (Ord. 2557, § 1, 8/16/2016)
106.9.3.6“Legal owner” means any person or entity having an ownership interest in a manufactured home other than the registered owner, such as a lender or mortgagor.
106.9.3.7“Manufactured home” has the meaning set forth in Section 798.3 of the California Civil Code. Mobilehomes are included in this definition. (Ord. 2557, § 1, 8/16/2016)
106.9.3.8“Manufactured home owner” means the registered owner or registered owners of a manufactured home, regardless of the number of such owners or the form of such ownership. (Ord. 2557, § 1, 8/16/2016)
106.9.3.9“Manufactured home park” or “park” has the same meaning set forth in Section 798.4 and 798.6 of the California Civil Code. (Ord. 2557, § 1, 8/16/2016)
106.9.3.10“Manufactured home park owner” or “park owner” means the person, persons or entity that owns a manufactured home park and includes any person authorized by the park owner to seek approval of an application for change of use or respond to a rent review petition filed pursuant to this chapter. (Ord. 2557, § 1, 8/16/2016)
106.9.3.13“Manufactured home renter” or “renter” is a person who occupies a manufactured home within a manufactured home park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, was not the owner of that manufactured home. (Ord. 2557, § 1, 8/16/2016)
106.9.4 Permit Requirements for a Change of Use. The conversion of an existing manufactured home park to another use shall require a special permit to be reviewed and approved by the Planning Commission. It is the park owner’s responsibility to comply with the notice requirements of subsections g (l) and (2) of Civil Code Section 798.56. Because the Civil Code Section 798.56(g)(2) notice cannot be given until after the approval of both the project and the sufficiency of the relocation impact report (RIR), the park owner is encouraged to consult with staff early in the process about the contents of the RIR. (Ord. 2557, § 1, 8/16/2016)
106.9.5 Relocation Impact Report. An application for a special permit for a conversion of an existing manufactured home park to another use shall include a relocation impact report (RIR) with all the following information.
106.9.5.1A general description of any proposed change of use, or change without new use;
106.9.5.2A timetable for conversion of the park;
106.9.5.3A legal description of the park;
106.9.5.4The number of spaces in the park, length of occupancy by the current occupant of each space and current rental rate for each space;
106.9.5.5The date of manufacture and size of each manufactured home, description of outbuildings and accessory structures construction on the lots and the cost to move them;
106.9.5.6The name and mailing address of each eligible manufactured home tenant, manufactured home resident, resident manufactured home owner and legal owner of a manufactured home in the park;
106.9.5.7A list of comparable manufactured home parks within a thirty mile radius of the applicant’s manufactured home park. For each comparable park, the list should, if possible, state the criteria of that park for accepting relocated manufactured homes, rental rates and the name, number and size of spaces, address and telephone number of the park representative having authority to accept relocated homes, including any written commitments from manufactured home park owners willing to accept displaced manufactured homes;
each comparable park, the list should, if possible, state the criteria of that park for accepting relocated manufactured homes, rental rates and the name, number and size of spaces, address and telephone number of the park representative having authority to accept relocated homes, including any written commitments from manufactured home park owners willing to accept displaced manufactured homes;
106.9.5.8The purchase price of other housing of similar in size to the manufactured homes within a reasonable distance, and the rental rates and moving costs involved in moving to an apartment or other rental unit within a reasonable distance including, but not limited to, fees charged by moving companies and any requirement for payment of the first and last month’s rent and security deposits;
106.9.5.9Estimates as to the minimum cost of moving each manufactured home, including tear-down and set-up of manufactured homes and moving of improvements such as porches, carports, patios and other moveable amenities installed by the residents;
106.9.5.10An in-place appraisal conducted by a qualified appraiser. The appraisals shall identify those manufactured homes which cannot be moved due to type, age or other considerations. Appraisal information shall be provided on the effect upon the homeowner’s investment in the manufactured home, such as the change in value of effected manufactured homes that would result from the proposed change in use.
106.9.5.11Identification of a qualified relocation specialist to assist residents in finding relocation spaces and alternate housing;
106.9.5.12A Relocation Plan as specified in Section 106.9.7 below. (Ord. 2557, § 1, 8/16/2016)
106.9.6 Notice Requirements. The following notice requirements are in addition to any notice regularly required for special permits. The applicant shall verify that a good faith effort has been made to ensure that each manufactured home owner and tenant has received or will receive each of the following notices and documents. No hearing on a proposed manufactured home park closure shall be scheduled until the applicant has provided verification of notification. (Added by Ord. 2557, Sec. 1, 08/16/2016)
106.9.6.1 Notice of Intent. A Notice of Intent by the applicant to convert or close the manufactured home park shall be sent by the applicant by certified mail at least nine (9) months prior to submittal of the special permit application to the County. After the Notice of Intent has been issued, the applicant shall inform all new or prospective residents and/or manufactured home owners that the applicant has requested County approval, or intends to request County approval, of a change of use or that a change of use request has been granted, in compliance with Civil Code Section 798.56(g). (Ord. 2557, § 1, 8/16/2016)
t application to the County. After the Notice of Intent has been issued, the applicant shall inform all new or prospective residents and/or manufactured home owners that the applicant has requested County approval, or intends to request County approval, of a change of use or that a change of use request has been granted, in compliance with Civil Code Section 798.56(g). (Ord. 2557, § 1, 8/16/2016)
106.9.6.2 Written Notice & Relocation Impact Report. A written notice, in addition to the regular public hearing notice shall be delivered at least 15 days before the application submittal for a special permit, informing residents that the applicant will be appearing before the Planning Commission to request permits for a change of use of the manufactured home park. A copy of the Relocation Impact Report shall be included with this notice. (Ord. 2557, § 1, 8/16/2016)
106.9.6.3 Notice of termination of tenancy. The applicant shall provide all residents proposed to be displaced and the owners of manufactured home proposed to be displaced a written “notice of termination of tenancy” that provides the affected residents or owners a minimum of six (6) months’ notice to vacate following the effective date of the approved special permit. The notice shall be sent by certified mail to each manufactured home owner and tenant within 10 calendar days following the effective date of the approved special permit. (Ord. 2557, § 1, 8/16/2016)
106.9.7 Conditions of Approval. Approval of a special permit shall include reasonable conditions of approval which shall not exceed the reasonable costs as set forth in this ordinance. Manufactured home park owners who are not permanent residents are not eligible for relocation benefits. The special permit shall identify relocation options for each displaced manufactured home occupant in a Relocation Plan, as follows:
106.9.7.1 Relocation assistance for manufactured home owners whose homes can be relocated. The applicant shall pay all costs related to moving the manufactured home, fixtures, and accessories to comparable manufactured home park within a reasonable distance. Relocation shall include disassembly and moving costs, manufactured home set-up costs, utility hook-up fees, moving of the manufactured home owner’s possessions, any move-in deposit and the reasonable housing expenses for displaced manufactured home residents for a period not exceeding 30 days from the date of actual displacement until the date of occupancy at the new site. The comparable manufactured home park, or manufactured home owner-approved receiving site, and the relocated manufactured home shall conform to all applicable Federal, State, and County regulations. In addition, the applicant shall provide displaced manufactured
home owners with the payment of a lump sum equal to the difference of rent between the old and new manufactured home park spaces for a period of 12 months, if the new rent exceeds the old rent. (Ord. 2557, § 1, 8/16/2016)
106.9.7.2 Relocation assistance for manufactured home owners whose homes cannot be relocated. In cases in which it is not feasible to relocate the manufactured home to a comparable manufactured home park, including those in which the condition of the manufactured home is such that it cannot be safely relocated, or in cases where the manufactured home does not meet minimum requirements to be accepted into another manufactured home park, the applicant shall provide the following relocation assistance to each manufactured home owner who is a permanent resident:
106.9.7.2.1The applicant shall be required to pay for the in-place value of the manufactured home and cost of disposal of the manufactured home in an approved facility; and
106.9.7.2.2Each displaced manufactured home household will received a lump sum difference between current space rent and rent for a housing unit of a size appropriate, according to California Health and Safety code Section 50052.5 (h), to accommodate the displaced household for a period of 12 months. Lump sum funds due the resident may be paid directly to the new park owner as pre-paid rent upon request by the displaced household. (Ord. 2557, § 1, 8/16/2016)
106.9.7.3 Relocation Assistance for non-manufactured home residents. For permanent residents whose residential units do not meet the definition of a manufactured home, such as a recreational vehicle, the applicant shall pay the same benefits as a manufactured home resident. (Ord. 2557, § 1, 8/16/2016)
106.9.7.4 Relocation assistance for manufactured home renters. The applicant shall pay a sum equal to three months of fair market rent for the area as determined by HUD pursuant to Section 1437(c)(1) of Title 42 of the Unites States Code or four thousand dollars ($4,000) , whichever is greater, to each displaced household. (Ord. 2557, § 1, 8/16/2016)
106.9.7.5 Relocation Counselor. The applicant shall offer to provide to all displaced manufactured home owners and residents the services of a Relocation Counselor to provide information about the available housing resources and to assist with the selection of suitable relocation alternatives.
106.9.7.5.1The Relocation Counselor shall be familiar with the region’s housing market and qualified to assist residents to evaluate, select, and secure placement in the replacement housing, to arrange the moving of all of the household’s personal property, and to render financial advice on qualifying for various housing types. (Ord. 2557, § 1, 8/16/2016)
106.9.7.5.2No later than 30 calendar days after the issuance of the special permit for the manufactured home park closure, the Relocation Counselor shall make personal contract with each displaced resident of the manufactured home park and commence to determine the applicable relocation costs and assistance to be provided. The relocation Counselor shall give to each person eligible to receive relocation assistance a written notice of his or her options for relocation assistance as determined by the special permit. (Ord. 2557, § 1, 8/16/2016)
(Ord. 2557, § 1, 8/16/2016)
106.9.8 Vacancy of Manufactured home Park of 25 Percent or More.
106.9.8.1Whenever 25 percent or more of the total number of manufactured home sites within a manufactured home park are uninhabited for more than 90 consecutive days, and such condition was not caused by a natural or physical disaster beyond the control of the manufactured home park owner, then such condition shall be deemed a “manufactured home park closure” for the purposes of this ordinance. The manufactured home park owner shall file an application for the manufactured home park closure, in compliance with this Section. A manufactured home site is considered to be “uninhabited” when no rent is being paid for use of the site and it is either (i) unoccupied by a manufactured home or (ii) occupied by a manufactured home in which no person resides. (Ord. 2557, § 1, 8/16/2016)
106.9.8.2A manufactured home resident or other interested party who has reason to believe that 25% or more of the total number of manufactured home sites within a manufactured home park are uninhabited may file a written statement to that effect with the Director of Planning and Building. The Director or his designee shall investigate and make a determination as to whether an unauthorized manufactured home park closure is underway. Once the Director determines whether an unauthorized manufactured home park closure is underway, a written notice that describes such determination shall be sent by the County to the manufactured home park owner, manufactured home park manager, and the person who filed the written complaint. (Ord. 2557, § 1, 8/16/2016)
106.9.9 Request for Exemption from Relocation Assistance Requirements.
106.9.9.1Any person who files an application for a special permit for the closure of a manufactured home park may, simultaneous with and as part of the filing of such application, request an exemption from some or all of the relocation assistance requirements described above in Section 106.9.7 (Conditions of Approval). The request shall be processed in conjunction with the application for the special permit, and shall be distributed to each resident household and manufactured home owner at the time of application submittal, as specified in Section 106.9.6.2. (Ord. 2557, § 1, 8/16/2016)
106.9.9.2The applicant may request an exemption if the relocation assistance required exceeds the reasonable costs of relocation for displaced manufactured home park residents, as prescribed by Government Code Section 65863.7 (e), or as part of bankruptcy the
court has taken action that would prohibit or preclude the payment of relocation assistance benefits, in whole or in part, or if the relocation assistance required would cause an undue burden or hardship. (Ord. 2557, § 1, 8/16/2016)
106.9.9.3Any request for exemptions submitted in compliance with this section shall contain at a minimum, the following information:
106.9.9.3.1Statements of profit and loss from operations of the manufactured home park for the five-year period immediately preceding the date of the application of exemption, certified by a certified public accountant. All such statements shall be maintained in confidence to the extent permitted by the California Public Records Act.
106.9.9.3.2An estimate of the total cost of relocation assistance which would be required in compliance with Section 106.9.7 (Conditions of Approval). This estimate shall be based on surveys, appraisals and reports that document the number of residents of the park who are able to relocate their manufactured homes and those who would sell their manufactured homes, and the costs related to providing the relocation assistance.
106.9.9.3.3If the applicant contends that continued use of the property as a manufactured home park necessitates repairs and/or improvements that are not the result of the park owner or applicant’s negligence or failure to properly maintain the said property, and that the costs thereof makes continuation of the manufactured home park economically feasible, then the report shall include a report by a civil engineer or licenses general contractor outlining the costs.
106.9.9.3.4If the proposed closure is due to conversion of the land to another use an estimate of the value of the manufactured home park, an estimate of the value as is, and estimate of value after the change will be required. These estimates shall be prepared by a certified real estate appraiser.
106.9.9.3.5Any request for exemption filed pursuant to Subsection 106.9.9.1, above, shall be accompanied by adequate documentation regarding the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders and decrees of the said court. (Ord. 2557, § 1, 8/16/2016)
106.9.9.4When making its determination as to whether to waive or modify a portion or all of any type of benefit that would otherwise be applicable, the Commission may take into account the financial history of the manufactured home park, its condition and the condition of the amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of said park, the estimated costs of relocation, the fair market value of the property for any proposed alternative use, the fair market value of the property for continued use as a manufactured home park, and any other pertinent evidence requested or presented. The Commission shall expressly indicate in its decision any waiver and the extent thereof. (Ord. 2557, § 1, 8/16/2016)
106.9.9.5Where a court has determined in connection with a proceeding in bankruptcy that the closure or cessation of the use of said property as a manufactured home park is necessary, and such court has taken action which would prohibit or preclude payment of relocation benefits, whether in whole or in part, the Commission shall have the authority to waive all or a portion of any type of benefit to the extent necessary to comply with the judgment, order, or decree of the court. (Ord. 2557, § 1, 8/16/2016) Your Selections
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107.1 MANUFACTURED HOME PARKS
All manufactured home parks shall be subject to the following requirements: (Former Section INL#316-12; Ord. 1086, Sec. 19, 7/13/76)
107.1.1No manufactured home park shall be permitted on a lot that is less than five (5) acres in area. (Former Section INL#316-12(a); Ord. 1086, Sec. 19, 7/13/76)
107.1.2A minimum recreation area of 1,500 net square feet per acre of manufactured home park shall be provided and improved in conjunction with the development. (Former Section INL#316-12(b); Ord. 1086, Sec. 19, 7/13/76)
107.1.3Minimum yards around manufactured home parks - front, side and rear, twenty (20) feet. (Former Section INL#316-12(c); Ord. 1086, Sec. 19, 7/13/76)
107.1.4 Access.
107.1.4.1All manufactured home parks shall have either one (1) fifty (50) foot minimum width access or two (2) twenty-five (25) foot minimum width permanent points of access to a public road. (Former Section INL#316-12(d)(1); Ord. 1086, Sec. 19, 7/13/76)
107.1.4.2All circulation roads within the park shall be: (Former Section INL#316-12(d)(2); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)
107.1.4.2.1a minimum of twenty-four (24) feet (two-way traffic) from curb to curb, and (Former Section INL#316-12(d)(2); Ord. 1086, Sec. 19, 7/13/76)
107.1.4.2.2increased in width by eight (8) feet for curb parking space on each side of the street on which such curb parking is permitted. (Former Section INL#316-12(d)(2); Ord. 1086, Sec. 19, 7/13/76)
107.1.4.3All roads and parking spaces shall be permanently paved. (Former Section INL#316-12(d)(3); Ord. 1086, Sec. 19, 7/13/76)
107.1.5 Parking.
107.1.5.1Two (2) on-site parking spaces or the equivalent in parking bays shall be provided for each manufactured home site. A parking space shall not be less than eight (8) feet wide and eighteen (18) feet long. (Former Section INL#316-12(e)(1); Ord. 1086, Sec. 19, 7/13/76)
107.1.5.2Guest parking shall be provided at a ratio of one space for every four (4) manufactured home sites. On-street parking is acceptable in meeting this requirement if all streets serving the manufactured homes have a usable width of not less than forty (40) feet to accommodate parking. If the streets within the manufactured home park have a usable area of less than forty (40) feet in width, the ratio for guest parking shall be one (1) space for every two (2) manufactured home sites, accomplished by the use of parking bays containing at least four (4) parking spaces per bay. Such bays shall be located no more than two hundred (200) feet apart. (Former Section INL#316-12(e)(2); Ord. 1086, Sec. 19, 7/13/76)
107.1.5.3If any type of commercial use is proposed within the manufactured home park, additional parking shall be provided as required by the Off-Street Parking Requirements of this Code. (Former Section INL#316-12(e)(3); Ord. 1086, Sec. 19, 7/13/76)
107.1.6 Fencing and Landscaping.
107.1.6.1Every manufactured home park shall provide an ornamental, sight-obscuring fence, wall, or other suitable screening or planting along all boundaries of the manufactured home park site that abut on public roads or on property lines. (Former Section INL#316-12(f)(1); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)
107.1.6.2All areas not used for access, parking, circulation, recreation, or services shall be completely and permanently landscaped and the entire site shall be maintained in a neat, orderly, and sanitary condition. (Former Section INL#316-12(f)(2); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)
107.1.7 Preliminary Site Plan Submission Requirements. In addition to the general Use Permit application requirements, the application for a Use Permit to construct a new manufactured home park or to expand an existing mobile home park shall be accompanied by a plot plan showing the general layout of the entire manufactured home park and drawn to a scale not smaller than one (1) inch representing forty (40) feet. The drawing shall show the information required by the Planning Division. (Former Section INL#316-12(g); Ord. 1086, Sec. 19, 7/13/76)
107.1.8The Hearing Officer may modify the requirements of this Section for an existing substandard park proposed to be enlarged or extended provided that the modifications are limited to the extent that an overall improvement in the design or standards of such existing park will result. (Former Section INL#316-12(h); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)
107.2 MERGER OF SUBSTANDARD LOTS
107.2.1A substandard lot can be developed or sold if:
107.2.1.1The substandard lot in question was lawfully created; and
107.2.1.2The substandard lot has not been merged with adjoining property.
107.2.2Where the owner of a substandard lot owns adjoining property, the substandard lot may be merged with the adjoining property, pursuant to the provisions of state law and this Code. Thereafter the merged lots must be developed or sold as one unit or lot. Separate conveyance of the merged lots is prohibited. Notwithstanding the above, adjacent substandard lots do not merge if each of them has been fully developed in accordance with the zoning regulations for the zone in which said lots are located. (Former Section INL#317-64; Ord. 1104, Sec. 3, 10/5/76; amended by Ord. 1876, Sec. 14, 9/26/89) Your Selections
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107.1 MANUFACTURED HOME PARKS
All manufactured home parks shall be subject to the following requirements: (Former Section INL#316-12; Ord. 1086, Sec. 19, 7/13/76)
107.1.1No manufactured home park shall be permitted on a lot that is less than five (5) acres in area. (Former Section INL#316-12(a); Ord. 1086, Sec. 19, 7/13/76)
107.1.2A minimum recreation area of 1,500 net square feet per acre of manufactured home park shall be provided and improved in conjunction with the development. (Former Section INL#316-12(b); Ord. 1086, Sec. 19, 7/13/76)
107.1.3Minimum yards around manufactured home parks - front, side and rear, twenty (20) feet. (Former Section INL#316-12(c); Ord. 1086, Sec. 19, 7/13/76)
107.1.4 Access.
107.1.4.1All manufactured home parks shall have either one (1) fifty (50) foot minimum width access or two (2) twenty-five (25) foot minimum width permanent points of access to a public road. (Former Section INL#316-12(d)(1); Ord. 1086, Sec. 19, 7/13/76)
107.1.4.2All circulation roads within the park shall be: (Former Section INL#316-12(d)(2); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)
107.1.4.2.1a minimum of twenty-four (24) feet (two-way traffic) from curb to curb, and (Former Section INL#316-12(d)(2); Ord. 1086, Sec. 19, 7/13/76)
107.1.4.2.2increased in width by eight (8) feet for curb parking space on each side of the street on which such curb parking is permitted. (Former Section INL#316-12(d)(2); Ord. 1086, Sec. 19, 7/13/76)
107.1.4.3All roads and parking spaces shall be permanently paved. (Former Section INL#316-12(d)(3); Ord. 1086, Sec. 19, 7/13/76)
107.1.5 Parking.
107.1.5.1Two (2) on-site parking spaces or the equivalent in parking bays shall be provided for each manufactured home site. A parking space shall not be less than eight (8) feet wide and eighteen (18) feet long. (Former Section INL#316-12(e)(1); Ord. 1086, Sec. 19, 7/13/76)
107.1.5.2Guest parking shall be provided at a ratio of one space for every four (4) manufactured home sites. On-street parking is acceptable in meeting this requirement if all streets serving the manufactured homes have a usable width of not less than forty (40) feet to accommodate parking. If the streets within the manufactured home park have a usable area of less than forty (40) feet in width, the ratio for guest parking shall be one (1) space for every two (2) manufactured home sites, accomplished by the use of parking bays containing at least four (4) parking spaces per bay. Such bays shall be located no more than two hundred (200) feet apart. (Former Section INL#316-12(e)(2); Ord. 1086, Sec. 19, 7/13/76)
107.1.5.3If any type of commercial use is proposed within the manufactured home park, additional parking shall be provided as required by the Off-Street Parking Requirements of this Code. (Former Section INL#316-12(e)(3); Ord. 1086, Sec. 19, 7/13/76)
107.1.6 Fencing and Landscaping.
107.1.6.1Every manufactured home park shall provide an ornamental, sight-obscuring fence, wall, or other suitable screening or planting along all boundaries of the manufactured home park site that abut on public roads or on property lines. (Former Section INL#316-12(f)(1); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)
107.1.6.2All areas not used for access, parking, circulation, recreation, or services shall be completely and permanently landscaped and the entire site shall be maintained in a neat, orderly, and sanitary condition. (Former Section INL#316-12(f)(2); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)
107.1.7 Preliminary Site Plan Submission Requirements. In addition to the general Use Permit application requirements, the application for a Use Permit to construct a new manufactured home park or to expand an existing mobile home park shall be accompanied by a plot plan showing the general layout of the entire manufactured home park and drawn to a scale not smaller than one (1) inch representing forty (40) feet. The drawing shall show the information required by the Planning Division. (Former Section INL#316-12(g); Ord. 1086, Sec. 19, 7/13/76)
107.1.8The Hearing Officer may modify the requirements of this Section for an existing substandard park proposed to be enlarged or extended provided that the modifications are limited to the extent that an overall improvement in the design or standards of such existing park will result. (Former Section INL#316-12(h); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)
107.2 MERGER OF SUBSTANDARD LOTS
107.2.1A substandard lot can be developed or sold if:
107.2.1.1The substandard lot in question was lawfully created; and
107.2.1.2The substandard lot has not been merged with adjoining property.
107.2.2Where the owner of a substandard lot owns adjoining property, the substandard lot may be merged with the adjoining property, pursuant to the provisions of state law and this Code. Thereafter the merged lots must be developed or sold as one unit or lot. Separate conveyance of the merged lots is prohibited. Notwithstanding the above, adjacent substandard lots do not merge if each of them has been fully developed in accordance with the zoning regulations for the zone in which said lots are located. (Former Section INL#317-64; Ord. 1104, Sec. 3, 10/5/76; amended by Ord. 1876, Sec. 14, 9/26/89) Your Selections
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107.1 MANUFACTURED HOME PARKS
All manufactured home parks shall be subject to the following requirements: (Former Section INL#316-12; Ord. 1086, Sec. 19, 7/13/76)
107.1.1No manufactured home park shall be permitted on a lot that is less than five (5) acres in area. (Former Section INL#316-12(a); Ord. 1086, Sec. 19, 7/13/76)
107.1.2A minimum recreation area of 1,500 net square feet per acre of manufactured home park shall be provided and improved in conjunction with the development. (Former Section INL#316-12(b); Ord. 1086, Sec. 19, 7/13/76)
107.1.3Minimum yards around manufactured home parks - front, side and rear, twenty (20) feet. (Former Section INL#316-12(c); Ord. 1086, Sec. 19, 7/13/76)
107.1.4 Access.
107.1.4.1All manufactured home parks shall have either one (1) fifty (50) foot minimum width access or two (2) twenty-five (25) foot minimum width permanent points of access to a public road. (Former Section INL#316-12(d)(1); Ord. 1086, Sec. 19, 7/13/76)
107.1.4.2All circulation roads within the park shall be: (Former Section INL#316-12(d)(2); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)
107.1.4.2.1a minimum of twenty-four (24) feet (two-way traffic) from curb to curb, and (Former Section INL#316-12(d)(2); Ord. 1086, Sec. 19, 7/13/76)
107.1.4.2.2increased in width by eight (8) feet for curb parking space on each side of the street on which such curb parking is permitted. (Former Section INL#316-12(d)(2); Ord. 1086, Sec. 19, 7/13/76)
107.1.4.3All roads and parking spaces shall be permanently paved. (Former Section INL#316-12(d)(3); Ord. 1086, Sec. 19, 7/13/76)
107.1.5 Parking.
107.1.5.1Two (2) on-site parking spaces or the equivalent in parking bays shall be provided for each manufactured home site. A parking space shall not be less than eight (8) feet wide and eighteen (18) feet long. (Former Section INL#316-12(e)(1); Ord. 1086, Sec. 19, 7/13/76)
107.1.5.2Guest parking shall be provided at a ratio of one space for every four (4) manufactured home sites. On-street parking is acceptable in meeting this requirement if all streets serving the manufactured homes have a usable width of not less than forty (40) feet to accommodate parking. If the streets within the manufactured home park have a usable area of less than forty (40) feet in width, the ratio for guest parking shall be one (1) space for every two (2) manufactured home sites, accomplished by the use of parking bays containing at least four (4) parking spaces per bay. Such bays shall be located no more than two hundred (200) feet apart. (Former Section INL#316-12(e)(2); Ord. 1086, Sec. 19, 7/13/76)
107.1.5.3If any type of commercial use is proposed within the manufactured home park, additional parking shall be provided as required by the Off-Street Parking Requirements of this Code. (Former Section INL#316-12(e)(3); Ord. 1086, Sec. 19, 7/13/76)
107.1.6 Fencing and Landscaping.
107.1.6.1Every manufactured home park shall provide an ornamental, sight-obscuring fence, wall, or other suitable screening or planting along all boundaries of the manufactured home park site that abut on public roads or on property lines. (Former Section INL#316-12(f)(1); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)
107.1.6.2All areas not used for access, parking, circulation, recreation, or services shall be completely and permanently landscaped and the entire site shall be maintained in a neat, orderly, and sanitary condition. (Former Section INL#316-12(f)(2); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)
107.1.7 Preliminary Site Plan Submission Requirements. In addition to the general Use Permit application requirements, the application for a Use Permit to construct a new manufactured home park or to expand an existing mobile home park shall be accompanied by a plot plan showing the general layout of the entire manufactured home park and drawn to a scale not smaller than one (1) inch representing forty (40) feet. The drawing shall show the information required by the Planning Division. (Former Section INL#316-12(g); Ord. 1086, Sec. 19, 7/13/76)
107.1.8The Hearing Officer may modify the requirements of this Section for an existing substandard park proposed to be enlarged or extended provided that the modifications are limited to the extent that an overall improvement in the design or standards of such existing park will result. (Former Section INL#316-12(h); Ord. 1086, Sec. 19, 7/13/76; Amended by Ord. 1668, Sec. 1, 1/15/85)
107.2 MERGER OF SUBSTANDARD LOTS
107.2.1A substandard lot can be developed or sold if:
107.2.1.1The substandard lot in question was lawfully created; and
107.2.1.2The substandard lot has not been merged with adjoining property.
107.2.2Where the owner of a substandard lot owns adjoining property, the substandard lot may be merged with the adjoining property, pursuant to the provisions of state law and this Code. Thereafter the merged lots must be developed or sold as one unit or lot. Separate conveyance of the merged lots is prohibited. Notwithstanding the above, adjacent substandard lots do not merge if each of them has been fully developed in accordance with the zoning regulations for the zone in which said lots are located. (Former Section INL#317-64; Ord. 1104, Sec. 3, 10/5/76; amended by Ord. 1876, Sec. 14, 9/26/89) Your Selections
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109.1 OFF-STREET PARKING
109.1.1 Purpose and Intent.
109.1.1.1 Purpose. The general purpose of these requirements is to enhance public safety by minimizing traffic congestion, by providing for off-street motor vehicle parking and thereby permitting safe passage of passengers to and from their destinations. (Former Section INL#316-13.1; Added by Ord. 1668, Sec. 3, 1/15/85)
109.1.1.2 Intent. The intent of these off-street parking requirements is to provide for the on-site, off-street parking of motor vehicles associated with any use or uses on the premises. More off-street parking will allow on-street parking to be limited or prohibited to permit greater utilization of streets for moving traffic. The facilities required by these requirements represent the minimum that will be required by the various land use types. It shall be the responsibility of the developer, owner or operator of any specific use to provide adequate off-street parking even though such parking is in excess of the minimum requirements set forth in these requirements. (See, “Adequate Off-Street Parking” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section INL#316-13.1; Added by Ord. 1668, Sec. 3, 1/15/85)
109.1.2 General Requirements.
109.1.2.1 Location of Off-Street Parking. Required parking facilities shall be located on the same building site and conveniently close to the use or uses they serve, and shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times. In R-1 Zones, non independently usable (tandem) parking is allowed on lots with only one single-family residence where the parking is located in a garage and driveway immediately in front of the garage. (Former Section INL#316-13.2(a); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85; Amended by Ord. 2214, 6/6/00, Amended by Ord. 2313A, 12/16/03)
109.1.2.1.1Exceptions to the location requirement for parking facilities for commercial uses may be allowed if it is found that: (Former Section INL#316-13.2(a); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.1A substitute parking area is to be provided and remain available for as long as the use to which the required parking pertains shall continue; and (Former Section INL#316-13.2(a)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.2The substitute parking area is within an area designated in the General Plan for commercial or other business use and within which parking is a permitted and compatible use; and (Former Section INL#316-13.2(a)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.3All or part of the substitute location is within four hundred (400) feet of the principal use for which the parking is being provided, measured in walking distance along the way open to public pedestrian passage; and (Former Section INL#316-13.2(a)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.4The substitute parking area is owned by the owner of the property on which the use for which the parking is being provided or is owned by a public entity empowered to provide public parking facilities; or (Former Section INL#316-13.2(a)(4); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.5Consistent with those of the requirements of subsections 109.1.2.1.1.1 through 109.1.2.1.1.4 which may be applicable, there is available a site specifically designated for entrepreneurial parking at which substitute parking can be provided at the expense of the party seeking the exception to on-site parking. (Former Section INL#316-13.2(a)(5); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.5.1When the substitute parking is provided in this manner, a Use Permit shall be required for such substitute parking unless the use to which the parking relates is being conducted pursuant to a Use Permit. (Former Section INL#316-13.2(a)(5); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.5.2In either instance, the Use Permit shall contain conditions providing that an easement for the use of the site for parking shall be obtained and filed with the County Recorder prior to the issuance of building permits, and providing that the use shall automatically terminate at any time when the required parking is not fully available for the associated use. (Former Section INL#31613.2(a)(5); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2 Size and Improvement.
109.1.2.2.1Each normal size parking space shall be not less than eight (8) feet wide, eighteen (18) feet long and contain seven (7) feet of vertical clearance. (Former Section INL#316-13.2(b)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.2Each compact car space shall be not less than seven and one-half (7 1/2) feet wide and sixteen (16) feet long. (Former Section INL#316-13.2(b)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.2.1No compact car spaces shall be allowed in parking areas containing less than ten (10) parking spaces. (Former Section INL#316-13.2(b)(2)(a); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.2.2In lots where compact car spaces are permitted, up to twenty-five percent (25%) of all spaces in the lot may be compact car parking spaces. (Former Section INL#316-13.2(b)(2)(b); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.2.3Compact car spaces shall be visibly marked with signs and shall be clustered in one section of the parking area. (Former Section INL#316-13.2(b)(2)(c); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.3Each loading space shall be not less than ten (10) feet wide, sixty (60) feet long and shall contain at least fourteen (14) feet of vertical clearance. (Former Section INL#316-13.2(b)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.4In recreation areas adequate parking facilities shall be provided, consistent with the level of anticipated use. Special Parking provisions shall be made for recreation vehicles and boats and trailers. (Former Section INL#316-13.2(b)(4); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.5All parking spaces, driveway locations, and maneuvering areas shall be improved to levels consistent with the anticipated uses as determined by the Department of Public Works. (Former Section INL#316-13.2(b)(5); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.3 Required Off-Street Parking.
109.1.2.3.1Off-street parking facilities shall be provided for any new building constructed and for any new use established. (Former Section INL#316-13.2(c); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.3.2Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any manner of operation that would result in additional parking spaces being required, provided that additional parking shall be required only for such addition, enlargement, or change and not the entire building or use. (Former Section INL#316-13.2(c); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.4 Requirements for Lots Fronting Unimproved Roads. Whenever a use for which off-street parking is required is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, the following provisions shall be applicable: (Former Section INL#316-13.2(d); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.4.1Additional improved off-street parking must be provided consistent with the standards of Section 314-109.1.3, or a parking lane may be constructed along the frontage of the lot in lieu of such additional parking requirements. (Former Section INL#31613.2(d)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.4.2If the lot frontage exceeds one hundred twenty (120) feet the parking lane shall not be required to accommodate more than three (3) vehicles. Construction standards for the parking lane shall be as specified by the Department of Public Works in accordance with the Appendix to Title III, Division 2 of this Code, establishing subdivision design and improvement standards. (Former Section INL#316-13.2(d)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.5 Parking Requirements for Uses Not in Compliance With Current Parking Requirements.
109.1.2.5.1No additional parking spaces shall be required:
109.1.2.5.1.1Whenever existing uses not in compliance with the parking standards of this Code are transferred to new owners or operators who will continue the use without significant change, or (Former Section INL#316-13.2(e)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.5.1.2When new uses are initiated within existing structures which generate the same level of parking demand as the former use, or (Former Section INL#316-13.2(e)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.5.1.3When the new use generates a lower parking demand. (Former Section INL#316-13.2(e)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85; Amended by Ord. 2214, 6/6/00)
109.1.2.5.2Whenever the use of any premises which is not in compliance with the parking standards of this Code is enlarged, expanded, or intensified, additional parking spaces consistent with this Code shall be provided only for the enlargement, expansion, or intensification, and not for the entire use. (Former Section INL#316-13.2(e)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.5.3Whenever the use of any premises which is not in compliance with the parking standards of this Code is changed to a use where a higher parking demand is identified, additional parking spaces consistent with this Code shall be provided only for the
additional intensity of the use, and not for the entire use. (Former Section INL#316-13.2(e)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85; Amended by Ord. 2214, 6/6/00)
109.1.2.5.4Levels of use, as they relate to this division, shall be determined by the Director based on engineering standards and design studies, and the principal and conditional uses of the specific zone district. (Former Section INL#316-13.2(e)(4); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.6 Multiple Uses and Joint Use. Whenever more than one use is proposed for a development site, the total off-street parking spaces required shall be the sum of the spaces required for each use. Off-street parking facilities for one use shall not be considered as providing parking facilities for any other use, except when use of the parking facilities for the different uses would not be concurrent or would otherwise not be conflicting, as determined by the Planning Commission at a noticed public hearing. (Former Section INL#31613.2(f); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.7 Lighting. Any lights used to illuminate the parking spaces or driveways shall be designed and located so that direct rays are confined to the property where the parking area is located. (Former Section INL#316-13.2(g); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.8 Parking Facilities for the Physically Handicapped. Facilities accommodating the general public, including but not limited to auditoriums, theaters, restaurants, hotels, motels, stadiums, retail establishments, medical offices and office buildings shall provide parking spaces for the physically handicapped in compliance with Section 431-2 of the Humboldt County Code and the following provisions: (Former Section INL#316-13.2(h); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.8.1Handicapped parking spaces shall be at least fourteen (14) feet wide and eighteen (18) feet long. (Former Section INL#31613.2(h)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.8.2Parking facilities containing six (6) through (40) spaces, inclusive, shall include one (1) handicapped parking space permanently signed with the international symbol of accessibility. One more handicapped space shall be provided for each additional forty (40) spaces or increment thereof. (Former Section INL#316-13.2(h)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.8.3Two (2) handicapped spaces permanently signed, shall be required in conjunction with any use or combined uses which occur within a space of more than 10,000 square feet gross floor area. (Former Section INL#316-13.2(h)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.9 Parking Spaces for Uses Not Specified. The parking space requirements for uses not set forth in this Code shall be fixed by the Director and be based upon available studies and standards for the most comparable use. (Former Section INL#316-13.2(i); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.10 Fractional Spaces. Where the application of the parking requirement schedule results in a fractional parking space requirement, a fraction of 0.5 or higher shall be resolved to the higher whole number. (Former Section INL#316-13.2(j); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.11 Variable Demand. Where the demand for parking is variable because of work shifts or peak business periods, parking space requirements shall be based upon the periods of highest parking demand. (Former Section INL#316-13.2(k); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.12 Exceptions by Petition. Exceptions to the requirements for the number of off-street parking spaces may be allowed by filing an exception petition containing information in support of the exception. Exceptions may be granted by the hearing officer based upon the following factors: (Former Section INL#316-13.2(l); Amended by Ord. 1692, Sec. 1, 6/11/85; Amended by Ord. 1842, Sec. 12, 8/16/88)
109.1.2.12.1Geographic location of site;
109.1.2.12.2Identification as a Rural Center in the Community Plan;
109.1.2.12.3Site specific topographic constraints;
109.1.2.12.4Historically designated structures;
109.1.2.12.5Proximity to urban built-up areas; and
109.1.2.12.6Levels of anticipated use.
109.1.3 Parking Spaces Required. The number of off-street parking spaces required shall not be less than specified in this Section: (Former Section INL#316-13.3; Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1 Residential Uses.
109.1.3.1.1 One (1) Family and Two (2) Family Dwellings.
109.1.3.1.1.1 Spaces Required, Setback. One (1) parking space is required for each dwelling unit containing one (1) bedroom or less; two (2) parking spaces for each dwelling unit containing more than one (1) bedroom. The required parking shall not be sited in the frontyard setback. The following exception applies to accessory dwelling units:
109.1.3.1.1.1.1 Accessory Dwelling Unit Exceptions.
109.1.3.1.1.1.1.1One (1) parking space for each accessory dwelling unit. These spaces may be provided in tandem on a driveway. Offstreet parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
109.1.3.1.1.1.1.2Parking standards for an ADU shall not apply if the ADU is (1) located within one-half (1/2) mile of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.
(Former Section INL#316-13.3(a)(1)(a); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.1.2Except as provided in subsection 314-109.1.3.1.1.3, when a single-family residence or duplex is proposed on a parcel that is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, parking spaces in addition to those required by subsection 314-109.1.3.1.1.1, shall be located outside of the front-yard setback. In R-1 Zones, non independently usable (tandem) parking is allowed on lots with only one single-family residence where the parking is located in a garage and driveway immediately in front of the garage. Parking shall be provided as follows: (Former Section INL#316-13.3(a)(b); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88, Amended by Ord. 2313A, 12/16/03)
109.1.3.1.1.2.1One (1) space for each single-family residence and each unit of a duplex containing one (1) bedroom or less. (Former Section INL#316-13.3(a)(1)(b)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.1.2.2One (1) space for an attached second or secondary dwelling unit and each unit of a duplex containing two (2) or more bedrooms. (Former Section INL#316-13.3(a)(1)(b)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88, Amended by Ord. 2335, 12/14/04)
109.1.3.1.1.2.3Two (2) spaces for each single-family residence containing two (2) or more bedrooms. (Former Section INL#316-13.3(a) (1) (b)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.1.2.4 Housing Opportunity Zone Exceptions. Within mapped Housing Opportunity Zones, no additional parking shall be required for dwelling units 1,000 square feet or less in total gross floor area, regardless of the number of bedrooms.
109.1.3.1.1.3Instead of providing the additional parking spaces required by subsection 314-109.1.3.1.1.2, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards referred to in subsection 314-109.1.2.4. (Former Section INL#316-13.3(a)(1) (c); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.1.4Driveway openings shall be in conformance with the standards in the “Encroachment Regulations” of this Code. (See also, Division 4, Chapter 1, Encroachment.) (Former Section INL#316-13.3(a)(1) (d); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2 Family Dwellings with More than Two Dwelling Units.
109.1.3.1.2.1One (1) parking space for each unit containing one (1) bedroom or less; two (2) parking spaces for each two (2) or three (3) bedroom dwelling unit; two and one-half (2 1/2) parking spaces for each dwelling unit containing four (4) or more bedrooms. (Former Section INL#316-13.3(a)(2)(a); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2.2Except as provided in subsection 314-109.1.3.1.2.3, if the units are proposed on a parcel that is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, parking spaces in addition to those required by subsection 314-109.1.3.2.1, shall be provided as follows: (Former Section INL#316-13.3(a)(2)(b); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2.2.1One-half (1/2) space for each one- bedroom unit; (Former Section INL#316-13.3(a)(2)(b)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2.2.2Three-fourths (3/4) space for each two (2) or three (3) bedroom unit; (Former Section INL#316-13.3(a)(2)(b)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2.2.3One (1) space for each four-bedroom unit. (Former Section INL#316-13.3(a)(2)(b)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2.3Instead of providing the additional parking spaces required by subsection 314-109.1.3.1.2.2, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards referred to in subsection 314-109.1.2.4. (Former Section INL#316-13.3(a)(2)(c); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2.4Driveway openings shall be in conformance with the standards in the “Encroachment Regulations” of this Code (see Section 411, and following). (Former Section INL#316-13.3(a)(2) (d); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.3 Hotel, Motel, Boarding and Rooming Houses. One (l) parking space for each sleeping unit plus two (2) manager parking spaces. (Former Section INL#316-13.3(a)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88, Amended by Ord. 2335, 12/14/04; Amended by Ord. 2472, Sec. 1, 2/14/12)
109.1.3.1.4 Senior Housing Complex. One (l) parking space for every two (2) dwelling units. A parking space requirement study may be conducted to identify the special parking needs for such projects. Parking facilities shall include handicapped parking spaces no less than specified herein. (Former Section INL#316-13.3(a)(4); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.5 Emergency Shelters. One (1) space per employee working in the emergency shelter, but not more than the parking required for other residential or commercial uses within the same zone. Emergency shelters may include day shelters and low barrier navigation centers.
109.1.3.1.6 SRO Facilities. One (1) parking space per each two (2) SRO units.
109.1.3.2 Institutional Uses.
109.1.3.2.1 Hospitals. One (l) parking space per bed plus one (l) for every three (3) employees and medical staff members. (Former Section INL#316-13.3(b)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.2 Clinics/Doctor’s Office. One (l) parking space for every 300 square feet of gross floor area plus one (l) space for each employee and doctor or other professional attendant serving the clinic, with a minimum of four (4) spaces required. (Former Section INL#316-13.3(b)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.3 Churches. One (l) parking space for every four (4) seats of seating or occupancy capacity, as determined by the Fire Marshall, in the largest assembly area of the church, plus one (l) parking space for every thirty (30) square feet of gross floor area in said assembly area not used for seating. (Former Section INL#316-13.3(b)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.4 Schools.
109.1.3.2.4.1 Kindergarten or Day Care. One (1) parking space for every ten (10) children plus one (l) for each employee; additionally, sufficient loading area shall be provided for, the safe loading and unloading of children and adults. (Former Section INL#316-13.3(b) (4)(a); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.4.2 Elementary Schools. One (l) parking space for every ten (10) children plus one (l) space for each employee. (Former Section INL#316-13.3(b)(4)(b); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.4.3 High Schools. One (l) parking space for every five (5) students plus one (l) space for each employee. (Former Section INL#316-13.3(b)(4)(c); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.4.4 College and Trade Schools. One (l) parking space for every three (3) students plus one (l) space for each employee. (Former Section INL#316-13.3(b)(4)(d); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.5 Residential Care Homes. One (l) parking space for every five (5) licensed patient beds and the higher of one (l) parking space for every 500 square feet of gross floor area, or one (1) parking space for each employee of the peak shift. (Former Section INL#316-13.3(b)(5); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3 Commercial Uses.
109.1.3.3.1 Retail Sales or Service. One (1) space for every 300 square feet of gross floor area with a minimum of four (4) spaces plus one (1) space for each employee. (Former Section INL#316-13.3(c)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3.2 Furniture or Appliance Sales. One (1) parking space for every 750 square feet of gross floor area with a minimum of four (4) spaces plus one (1) space for each employee. (Former Section INL#316-13.3(c)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3.3 Restaurants. The higher of one (l) parking space for each 200 square feet of gross floor area or one (1) parking space for every four (4) seats. Additionally, one (1) parking space for every two (2) employees. (Former Section INL#316-13.3(c)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3.4 Theaters or Stadiums. One (1) parking space for every four (4) seats, plus one (1) space for every two (2) employees. (Former Section INL#316-13.3(c)(4); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3.5 Offices. One (1) parking space for every 300 square feet of gross floor area plus one (1) space for each employee. (Former Section INL#316-13.3(c)(5); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3.6 Dance or Amusement Halls. The higher of one (1) parking space for every four (4) seats or one (1) parking space for each 200 square feet of gross floor area. (Former Section INL#316-13.3(c)(6); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3.7 Shopping Centers. A shopping center covering two acres shall provide one (1) parking space per 200 square feet of gross floor area. Neighborhood shopping centers covering less than two (2) acres shall provide parking spaces as identified for retail sales or service uses. (Former Section INL#316-13.3(c)(7); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.4 Industrial Uses.
109.1.3.4.1 Management. The parking requirements for office space associated with industrial uses shall be the same as identified for commercial type offices. (Former Section INL#316-13.3(d)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.4.2 Manufacturing. The higher of one parking space for each 1500 square feet of gross floor space within all enclosed building areas or one (1) parking space for each employee at the peak shift. A minimum of two (2) parking spaces are required. (Former Section INL#316-13.3(d)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.4.3 Warehouse. The higher of one (1) parking space for every four (4) employees or one (1) parking space for each 2,500 square feet of gross floor area. (Former Section INL#316-13.3(d)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.4 Loading Spaces Required. The number of off-street loading spaces required for commercial and industrial uses shall be no less than: (Former Section INL#316-13.4; Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)
109.1.4.1One (1) loading space for each 20,000 square feet of gross floor area, or portion thereof. (Former Section INL#316-13.4(a); Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)
109.1.4.2The loading space requirement for uses containing 10,000 square feet or less may be eliminated upon issuance of a Special Permit by the Director, in conjunction with the Public Works Department, based on the type and intensity of the proposed use. (Former Section INL#316-13.4(a); Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)
109.1.4.3 Exceptions.
109.1.4.3.1Exceptions to loading space size requirements may be allowed by filing an exception petition containing sufficient information in support of the exception to the Planning Division. (Former Section INL#316-13.4(b); Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)
109.1.4.3.2Exceptions may be granted by the Hearing Officer based on the following factors: (Former Section INL#316-13.4(b)(1); Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)
109.1.4.3.2.1geographic location of the site;
109.1.4.3.2.2identification as a Rural Center in the Community Plan;
109.1.4.3.2.3site specific topographic constraints;
109.1.4.3.2.4historically designated structures;
109.1.4.3.2.5proximity to urban built-up areas; and
109.1.4.3.2.6levels of anticipated use.
109.1.5 Additional Requirements.
109.1.5.1Any off-street parking area for other than residential uses wherein five (5) or more spaces are proposed shall be in conformance with the standards in this Code which pertain to encroachment (Section 411 and following), and shall be designed so as to provide sufficient maneuvering room for vehicles on-site so that they may leave the site to enter onto any street without backing onto the street. The adequacy of maneuvering room shall be determined by the Department of Public Works, based upon engineering standards. (Former Section INL#316-13.5 (a); Added by Ord. 1668, Sec. 7, 1/15/85)
109.1.5.2 Landscaping. The Planning Commission may require the landscaping of any off-street parking facility. The landscaping material, if required, shall be appropriately placed within off-street parking areas which are equivalent to not less than two percent (2%) of the total area devoted to such off-street parking areas and associated drives or aisles. Such landscaping shall be designed to be consistent with Title III, Division 4, of this Code relating to visibility corridors along streets and highways. The Planning Commission may require a landscaping plan approved by the Design Review Committee established as part of each area plan. (Former Section INL#316-13.5 (b); Added by Ord. 1668, Sec. 7, 1/15/85) (Ord. 2335, 12/14/2004; Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 5, 9/1/2020; Ord. 2693, § 5, 6/7/2022; Ord. 2719, § 7, 7/11/2023)
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109.1 OFF-STREET PARKING
109.1.1 Purpose and Intent.
109.1.1.1 Purpose. The general purpose of these requirements is to enhance public safety by minimizing traffic congestion, by providing for off-street motor vehicle parking and thereby permitting safe passage of passengers to and from their destinations. (Former Section INL#316-13.1; Added by Ord. 1668, Sec. 3, 1/15/85)
109.1.1.2 Intent. The intent of these off-street parking requirements is to provide for the on-site, off-street parking of motor vehicles associated with any use or uses on the premises. More off-street parking will allow on-street parking to be limited or prohibited to permit greater utilization of streets for moving traffic. The facilities required by these requirements represent the minimum that will be required by the various land use types. It shall be the responsibility of the developer, owner or operator of any specific use to provide adequate off-street parking even though such parking is in excess of the minimum requirements set forth in these requirements. (See, “Adequate Off-Street Parking” in Section C: Index of Definitions of Language and Legal Terms.) (Former Section INL#316-13.1; Added by Ord. 1668, Sec. 3, 1/15/85)
109.1.2 General Requirements.
109.1.2.1 Location of Off-Street Parking. Required parking facilities shall be located on the same building site and conveniently close to the use or uses they serve, and shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times. In R-1 Zones, non independently usable (tandem) parking is allowed on lots with only one single-family residence where the parking is located in a garage and driveway immediately in front of the garage. (Former Section INL#316-13.2(a); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85; Amended by Ord. 2214, 6/6/00, Amended by Ord. 2313A, 12/16/03)
109.1.2.1.1Exceptions to the location requirement for parking facilities for commercial uses may be allowed if it is found that: (Former Section INL#316-13.2(a); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.1A substitute parking area is to be provided and remain available for as long as the use to which the required parking pertains shall continue; and (Former Section INL#316-13.2(a)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.2The substitute parking area is within an area designated in the General Plan for commercial or other business use and within which parking is a permitted and compatible use; and (Former Section INL#316-13.2(a)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.3All or part of the substitute location is within four hundred (400) feet of the principal use for which the parking is being provided, measured in walking distance along the way open to public pedestrian passage; and (Former Section INL#316-13.2(a)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.4The substitute parking area is owned by the owner of the property on which the use for which the parking is being provided or is owned by a public entity empowered to provide public parking facilities; or (Former Section INL#316-13.2(a)(4); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.5Consistent with those of the requirements of subsections 109.1.2.1.1.1 through 109.1.2.1.1.4 which may be applicable, there is available a site specifically designated for entrepreneurial parking at which substitute parking can be provided at the expense of the party seeking the exception to on-site parking. (Former Section INL#316-13.2(a)(5); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.5.1When the substitute parking is provided in this manner, a Use Permit shall be required for such substitute parking unless the use to which the parking relates is being conducted pursuant to a Use Permit. (Former Section INL#316-13.2(a)(5); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.1.1.5.2In either instance, the Use Permit shall contain conditions providing that an easement for the use of the site for parking shall be obtained and filed with the County Recorder prior to the issuance of building permits, and providing that the use shall automatically terminate at any time when the required parking is not fully available for the associated use. (Former Section INL#31613.2(a)(5); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2 Size and Improvement.
109.1.2.2.1Each normal size parking space shall be not less than eight (8) feet wide, eighteen (18) feet long and contain seven (7) feet of vertical clearance. (Former Section INL#316-13.2(b)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.2Each compact car space shall be not less than seven and one-half (7 1/2) feet wide and sixteen (16) feet long. (Former Section INL#316-13.2(b)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.2.1No compact car spaces shall be allowed in parking areas containing less than ten (10) parking spaces. (Former Section INL#316-13.2(b)(2)(a); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.2.2In lots where compact car spaces are permitted, up to twenty-five percent (25%) of all spaces in the lot may be compact car parking spaces. (Former Section INL#316-13.2(b)(2)(b); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.2.3Compact car spaces shall be visibly marked with signs and shall be clustered in one section of the parking area. (Former Section INL#316-13.2(b)(2)(c); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.3Each loading space shall be not less than ten (10) feet wide, sixty (60) feet long and shall contain at least fourteen (14) feet of vertical clearance. (Former Section INL#316-13.2(b)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.4In recreation areas adequate parking facilities shall be provided, consistent with the level of anticipated use. Special Parking provisions shall be made for recreation vehicles and boats and trailers. (Former Section INL#316-13.2(b)(4); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.2.5All parking spaces, driveway locations, and maneuvering areas shall be improved to levels consistent with the anticipated uses as determined by the Department of Public Works. (Former Section INL#316-13.2(b)(5); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.3 Required Off-Street Parking.
109.1.2.3.1Off-street parking facilities shall be provided for any new building constructed and for any new use established. (Former Section INL#316-13.2(c); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.3.2Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, or any manner of operation that would result in additional parking spaces being required, provided that additional parking shall be required only for such addition, enlargement, or change and not the entire building or use. (Former Section INL#316-13.2(c); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.4 Requirements for Lots Fronting Unimproved Roads. Whenever a use for which off-street parking is required is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, the following provisions shall be applicable: (Former Section INL#316-13.2(d); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.4.1Additional improved off-street parking must be provided consistent with the standards of Section 314-109.1.3, or a parking lane may be constructed along the frontage of the lot in lieu of such additional parking requirements. (Former Section INL#31613.2(d)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.4.2If the lot frontage exceeds one hundred twenty (120) feet the parking lane shall not be required to accommodate more than three (3) vehicles. Construction standards for the parking lane shall be as specified by the Department of Public Works in accordance with the Appendix to Title III, Division 2 of this Code, establishing subdivision design and improvement standards. (Former Section INL#316-13.2(d)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.5 Parking Requirements for Uses Not in Compliance With Current Parking Requirements.
109.1.2.5.1No additional parking spaces shall be required:
109.1.2.5.1.1Whenever existing uses not in compliance with the parking standards of this Code are transferred to new owners or operators who will continue the use without significant change, or (Former Section INL#316-13.2(e)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.5.1.2When new uses are initiated within existing structures which generate the same level of parking demand as the former use, or (Former Section INL#316-13.2(e)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.5.1.3When the new use generates a lower parking demand. (Former Section INL#316-13.2(e)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85; Amended by Ord. 2214, 6/6/00)
109.1.2.5.2Whenever the use of any premises which is not in compliance with the parking standards of this Code is enlarged, expanded, or intensified, additional parking spaces consistent with this Code shall be provided only for the enlargement, expansion, or intensification, and not for the entire use. (Former Section INL#316-13.2(e)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
er the use of any premises which is not in compliance with the parking standards of this Code is enlarged, expanded, or intensified, additional parking spaces consistent with this Code shall be provided only for the enlargement, expansion, or intensification, and not for the entire use. (Former Section INL#316-13.2(e)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.5.3Whenever the use of any premises which is not in compliance with the parking standards of this Code is changed to a use where a higher parking demand is identified, additional parking spaces consistent with this Code shall be provided only for the
additional intensity of the use, and not for the entire use. (Former Section INL#316-13.2(e)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85; Amended by Ord. 2214, 6/6/00)
109.1.2.5.4Levels of use, as they relate to this division, shall be determined by the Director based on engineering standards and design studies, and the principal and conditional uses of the specific zone district. (Former Section INL#316-13.2(e)(4); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.6 Multiple Uses and Joint Use. Whenever more than one use is proposed for a development site, the total off-street parking spaces required shall be the sum of the spaces required for each use. Off-street parking facilities for one use shall not be considered as providing parking facilities for any other use, except when use of the parking facilities for the different uses would not be concurrent or would otherwise not be conflicting, as determined by the Planning Commission at a noticed public hearing. (Former Section INL#31613.2(f); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.7 Lighting. Any lights used to illuminate the parking spaces or driveways shall be designed and located so that direct rays are confined to the property where the parking area is located. (Former Section INL#316-13.2(g); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.8 Parking Facilities for the Physically Handicapped. Facilities accommodating the general public, including but not limited to auditoriums, theaters, restaurants, hotels, motels, stadiums, retail establishments, medical offices and office buildings shall provide parking spaces for the physically handicapped in compliance with Section 431-2 of the Humboldt County Code and the following provisions: (Former Section INL#316-13.2(h); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.8.1Handicapped parking spaces shall be at least fourteen (14) feet wide and eighteen (18) feet long. (Former Section INL#31613.2(h)(1); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.8.2Parking facilities containing six (6) through (40) spaces, inclusive, shall include one (1) handicapped parking space permanently signed with the international symbol of accessibility. One more handicapped space shall be provided for each additional forty (40) spaces or increment thereof. (Former Section INL#316-13.2(h)(2); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.8.3Two (2) handicapped spaces permanently signed, shall be required in conjunction with any use or combined uses which occur within a space of more than 10,000 square feet gross floor area. (Former Section INL#316-13.2(h)(3); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.9 Parking Spaces for Uses Not Specified. The parking space requirements for uses not set forth in this Code shall be fixed by the Director and be based upon available studies and standards for the most comparable use. (Former Section INL#316-13.2(i); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.10 Fractional Spaces. Where the application of the parking requirement schedule results in a fractional parking space requirement, a fraction of 0.5 or higher shall be resolved to the higher whole number. (Former Section INL#316-13.2(j); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.11 Variable Demand. Where the demand for parking is variable because of work shifts or peak business periods, parking space requirements shall be based upon the periods of highest parking demand. (Former Section INL#316-13.2(k); Added by Ord. 1668, Sec. 3, 1/15/85; Amended by Ord. 1692, Sec. 1, 6/11/85)
109.1.2.12 Exceptions by Petition. Exceptions to the requirements for the number of off-street parking spaces may be allowed by filing an exception petition containing information in support of the exception. Exceptions may be granted by the hearing officer based upon the following factors: (Former Section INL#316-13.2(l); Amended by Ord. 1692, Sec. 1, 6/11/85; Amended by Ord. 1842, Sec. 12, 8/16/88)
109.1.2.12.1Geographic location of site;
109.1.2.12.2Identification as a Rural Center in the Community Plan;
109.1.2.12.3Site specific topographic constraints;
109.1.2.12.4Historically designated structures;
109.1.2.12.5Proximity to urban built-up areas; and
109.1.2.12.6Levels of anticipated use.
109.1.3 Parking Spaces Required. The number of off-street parking spaces required shall not be less than specified in this Section: (Former Section INL#316-13.3; Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1 Residential Uses.
109.1.3.1.1 One (1) Family and Two (2) Family Dwellings.
109.1.3.1.1.1 Spaces Required, Setback. One (1) parking space is required for each dwelling unit containing one (1) bedroom or less; two (2) parking spaces for each dwelling unit containing more than one (1) bedroom. The required parking shall not be sited in the frontyard setback. The following exception applies to accessory dwelling units:
109.1.3.1.1.1.1 Accessory Dwelling Unit Exceptions.
109.1.3.1.1.1.1.1One (1) parking space for each accessory dwelling unit. These spaces may be provided in tandem on a driveway. Offstreet parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
109.1.3.1.1.1.1.2Parking standards for an ADU shall not apply if the ADU is (1) located within one-half (1/2) mile of public transit; (2) located within an architecturally and historically significant district; (3) part of the proposed or existing primary residence or an existing accessory structure; or (4) when on-street parking permits are required but not offered to the occupant of the ADU; or (5) when there is a car share vehicle located within one (1) block of the accessory dwelling unit. In mapped Housing Opportunity Zones, for ADUs less than one thousand (1,000) square feet in size, no parking shall be required.
(Former Section INL#316-13.3(a)(1)(a); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.1.2Except as provided in subsection 314-109.1.3.1.1.3, when a single-family residence or duplex is proposed on a parcel that is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, parking spaces in addition to those required by subsection 314-109.1.3.1.1.1, shall be located outside of the front-yard setback. In R-1 Zones, non independently usable (tandem) parking is allowed on lots with only one single-family residence where the parking is located in a garage and driveway immediately in front of the garage. Parking shall be provided as follows: (Former Section INL#316-13.3(a)(b); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88, Amended by Ord. 2313A, 12/16/03)
109.1.3.1.1.2.1One (1) space for each single-family residence and each unit of a duplex containing one (1) bedroom or less. (Former Section INL#316-13.3(a)(1)(b)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.1.2.2One (1) space for an attached second or secondary dwelling unit and each unit of a duplex containing two (2) or more bedrooms. (Former Section INL#316-13.3(a)(1)(b)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88, Amended by Ord. 2335, 12/14/04)
109.1.3.1.1.2.3Two (2) spaces for each single-family residence containing two (2) or more bedrooms. (Former Section INL#316-13.3(a) (1) (b)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.1.2.4 Housing Opportunity Zone Exceptions. Within mapped Housing Opportunity Zones, no additional parking shall be required for dwelling units 1,000 square feet or less in total gross floor area, regardless of the number of bedrooms.
109.1.3.1.1.3Instead of providing the additional parking spaces required by subsection 314-109.1.3.1.1.2, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards referred to in subsection 314-109.1.2.4. (Former Section INL#316-13.3(a)(1) (c); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.1.4Driveway openings shall be in conformance with the standards in the “Encroachment Regulations” of this Code. (See also, Division 4, Chapter 1, Encroachment.) (Former Section INL#316-13.3(a)(1) (d); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2 Family Dwellings with More than Two Dwelling Units.
109.1.3.1.2.1One (1) parking space for each unit containing one (1) bedroom or less; two (2) parking spaces for each two (2) or three (3) bedroom dwelling unit; two and one-half (2 1/2) parking spaces for each dwelling unit containing four (4) or more bedrooms. (Former Section INL#316-13.3(a)(2)(a); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2.2Except as provided in subsection 314-109.1.3.1.2.3, if the units are proposed on a parcel that is served by a roadway not improved to a width of forty (40) feet with asphalt or gravel, parking spaces in addition to those required by subsection 314-109.1.3.2.1, shall be provided as follows: (Former Section INL#316-13.3(a)(2)(b); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2.2.1One-half (1/2) space for each one- bedroom unit; (Former Section INL#316-13.3(a)(2)(b)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2.2.2Three-fourths (3/4) space for each two (2) or three (3) bedroom unit; (Former Section INL#316-13.3(a)(2)(b)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2.2.3One (1) space for each four-bedroom unit. (Former Section INL#316-13.3(a)(2)(b)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2.3Instead of providing the additional parking spaces required by subsection 314-109.1.3.1.2.2, a parking lane may be constructed along the frontage of the lot. The parking lane shall meet the standards referred to in subsection 314-109.1.2.4. (Former Section INL#316-13.3(a)(2)(c); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.2.4Driveway openings shall be in conformance with the standards in the “Encroachment Regulations” of this Code (see Section 411, and following). (Former Section INL#316-13.3(a)(2) (d); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.3 Hotel, Motel, Boarding and Rooming Houses. One (l) parking space for each sleeping unit plus two (2) manager parking spaces. (Former Section INL#316-13.3(a)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88, Amended by Ord. 2335, 12/14/04; Amended by Ord. 2472, Sec. 1, 2/14/12)
109.1.3.1.4 Senior Housing Complex. One (l) parking space for every two (2) dwelling units. A parking space requirement study may be conducted to identify the special parking needs for such projects. Parking facilities shall include handicapped parking spaces no less than specified herein. (Former Section INL#316-13.3(a)(4); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.1.5 Emergency Shelters. One (1) space per employee working in the emergency shelter, but not more than the parking required for other residential or commercial uses within the same zone. Emergency shelters may include day shelters and low barrier navigation centers.
109.1.3.1.6 SRO Facilities. One (1) parking space per each two (2) SRO units.
109.1.3.2 Institutional Uses.
109.1.3.2.1 Hospitals. One (l) parking space per bed plus one (l) for every three (3) employees and medical staff members. (Former Section INL#316-13.3(b)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.2 Clinics/Doctor’s Office. One (l) parking space for every 300 square feet of gross floor area plus one (l) space for each employee and doctor or other professional attendant serving the clinic, with a minimum of four (4) spaces required. (Former Section INL#316-13.3(b)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.3 Churches. One (l) parking space for every four (4) seats of seating or occupancy capacity, as determined by the Fire Marshall, in the largest assembly area of the church, plus one (l) parking space for every thirty (30) square feet of gross floor area in said assembly area not used for seating. (Former Section INL#316-13.3(b)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.4 Schools.
109.1.3.2.4.1 Kindergarten or Day Care. One (1) parking space for every ten (10) children plus one (l) for each employee; additionally, sufficient loading area shall be provided for, the safe loading and unloading of children and adults. (Former Section INL#316-13.3(b) (4)(a); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.4.2 Elementary Schools. One (l) parking space for every ten (10) children plus one (l) space for each employee. (Former Section INL#316-13.3(b)(4)(b); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.4.3 High Schools. One (l) parking space for every five (5) students plus one (l) space for each employee. (Former Section INL#316-13.3(b)(4)(c); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.4.4 College and Trade Schools. One (l) parking space for every three (3) students plus one (l) space for each employee. (Former Section INL#316-13.3(b)(4)(d); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.2.5 Residential Care Homes. One (l) parking space for every five (5) licensed patient beds and the higher of one (l) parking space for every 500 square feet of gross floor area, or one (1) parking space for each employee of the peak shift. (Former Section INL#316-13.3(b)(5); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3 Commercial Uses.
109.1.3.3.1 Retail Sales or Service. One (1) space for every 300 square feet of gross floor area with a minimum of four (4) spaces plus one (1) space for each employee. (Former Section INL#316-13.3(c)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3.2 Furniture or Appliance Sales. One (1) parking space for every 750 square feet of gross floor area with a minimum of four (4) spaces plus one (1) space for each employee. (Former Section INL#316-13.3(c)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3.3 Restaurants. The higher of one (l) parking space for each 200 square feet of gross floor area or one (1) parking space for every four (4) seats. Additionally, one (1) parking space for every two (2) employees. (Former Section INL#316-13.3(c)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3.4 Theaters or Stadiums. One (1) parking space for every four (4) seats, plus one (1) space for every two (2) employees. (Former Section INL#316-13.3(c)(4); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3.5 Offices. One (1) parking space for every 300 square feet of gross floor area plus one (1) space for each employee. (Former Section INL#316-13.3(c)(5); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3.6 Dance or Amusement Halls. The higher of one (1) parking space for every four (4) seats or one (1) parking space for each 200 square feet of gross floor area. (Former Section INL#316-13.3(c)(6); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.3.7 Shopping Centers. A shopping center covering two acres shall provide one (1) parking space per 200 square feet of gross floor area. Neighborhood shopping centers covering less than two (2) acres shall provide parking spaces as identified for retail sales or service uses. (Former Section INL#316-13.3(c)(7); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.4 Industrial Uses.
109.1.3.4.1 Management. The parking requirements for office space associated with industrial uses shall be the same as identified for commercial type offices. (Former Section INL#316-13.3(d)(1); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.4.2 Manufacturing. The higher of one parking space for each 1500 square feet of gross floor space within all enclosed building areas or one (1) parking space for each employee at the peak shift. A minimum of two (2) parking spaces are required. (Former Section INL#316-13.3(d)(2); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.3.4.3 Warehouse. The higher of one (1) parking space for every four (4) employees or one (1) parking space for each 2,500 square feet of gross floor area. (Former Section INL#316-13.3(d)(3); Ord. 1668, Sec. 5, 1/15/85; Amended by Ord. 1692, Sec. 2, 6/11/85; Amended by Ord. 1842, Sec. 13, 8/16/88)
109.1.4 Loading Spaces Required. The number of off-street loading spaces required for commercial and industrial uses shall be no less than: (Former Section INL#316-13.4; Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)
109.1.4.1One (1) loading space for each 20,000 square feet of gross floor area, or portion thereof. (Former Section INL#316-13.4(a); Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)
109.1.4.2The loading space requirement for uses containing 10,000 square feet or less may be eliminated upon issuance of a Special Permit by the Director, in conjunction with the Public Works Department, based on the type and intensity of the proposed use. (Former Section INL#316-13.4(a); Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)
109.1.4.3 Exceptions.
109.1.4.3.1Exceptions to loading space size requirements may be allowed by filing an exception petition containing sufficient information in support of the exception to the Planning Division. (Former Section INL#316-13.4(b); Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)
109.1.4.3.2Exceptions may be granted by the Hearing Officer based on the following factors: (Former Section INL#316-13.4(b)(1); Ord. 1668, Sec. 6, 1/15/85; Amended by Ord. 1692, Sec. 3, 6/11/85)
109.1.4.3.2.1geographic location of the site;
109.1.4.3.2.2identification as a Rural Center in the Community Plan;
109.1.4.3.2.3site specific topographic constraints;
109.1.4.3.2.4historically designated structures;
109.1.4.3.2.5proximity to urban built-up areas; and
109.1.4.3.2.6levels of anticipated use.
109.1.5 Additional Requirements.
109.1.5.1Any off-street parking area for other than residential uses wherein five (5) or more spaces are proposed shall be in conformance with the standards in this Code which pertain to encroachment (Section 411 and following), and shall be designed so as to provide sufficient maneuvering room for vehicles on-site so that they may leave the site to enter onto any street without backing onto the street. The adequacy of maneuvering room shall be determined by the Department of Public Works, based upon engineering standards. (Former Section INL#316-13.5 (a); Added by Ord. 1668, Sec. 7, 1/15/85)
109.1.5.2 Landscaping. The Planning Commission may require the landscaping of any off-street parking facility. The landscaping material, if required, shall be appropriately placed within off-street parking areas which are equivalent to not less than two percent (2%) of the total area devoted to such off-street parking areas and associated drives or aisles. Such landscaping shall be designed to be consistent with Title III, Division 4, of this Code relating to visibility corridors along streets and highways. The Planning Commission may require a landscaping plan approved by the Design Review Committee established as part of each area plan. (Former Section INL#316-13.5 (b); Added by Ord. 1668, Sec. 7, 1/15/85) (Ord. 2335, 12/14/2004; Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 5, 9/1/2020; Ord. 2693, § 5, 6/7/2022; Ord. 2719, § 7, 7/11/2023)
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110.1 PARKLAND DEDICATION
110.1.1 Purpose. The purpose of these requirements is to provide opportunities for public recreation in conjunction with residential development in conformity with the County General Plan. (Former Section INL#316-23(A); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.2 Applicability. These regulations shall apply to all divisions of land for residential uses where parkland dedication pursuant to the Quimby Act is required by local community plans. (Former Section INL#316-23(B); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2166, Sec. 24, 4/7/98)
110.1.3 Requirements. As a condition of approval of a Final Map or Parcel Map the subdivider shall satisfy one (1) of the following requirements, at the option of the County: (Former Section INL#316-23(C); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.3.1For new subdivisions containing fifty-one (51) or more parcels: (Former Section INL#316-23(C)(1)); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.3.1.1an offer of dedication land to a public or private non-profit agency for public park or recreation use as identified in the County General Plan and Eureka Community Plan, according to the formula and standards set forth in Section 314-110.1.5 and trails and support facilities identified in the County Trails Plan; or (Former Section INL#316-23(C)(1); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2166, Sec. 24, 4/7/98)
110.1.3.1.2an in-lieu fee, in accordance with the provisions of Section 314-110.1.6 to provide an appropriate contribution to public parks or recreation. It shall be the County’s option to decide whether dedication of land or in-lieu fees shall be required. (Former Section INL#316-23(C)(1); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2166, Sec. 24, 4/7/98)
110.1.3.2For new subdivisions containing fifty (50) or fewer lots or parcels, an in-lieu fee shall be provided consistent with the provisions of Section 314-110.1.6; except that, if mutually agreeable, the subdivider and the County may agree to the dedication of land or a combination of dedication and fee payment. (Former Section INL#316-23(C)(2); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.3.3Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this section. However, a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee shall be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. (Former Section INL#316-23(C) (3); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.4 General Standard. Public parkland and/or recreation facilities shall be provided at the rate of three (3) acres for each 1,000 persons, equal to a standard of 130 square feet per person. This standard shall be utilized pursuant to Section 314-110.1.5 for the determination of parkland dedication. (Former Section INL#316-23(D)(1); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.5 Formula for Dedication of Parkland. The amount of land (per dwelling unit), where land is dedicated, shall be determined by the application of the following formula: (Former Section INL#316-23(D); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.5.1130 square feet per person multiplied by the average number of persons per household. (Former Section INL#316-23(D)(1); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.5.2The average number of persons per household shall be determined by the Planning and Building Divisions based on demographic research and available County Census data from the United States Bureau of the Census. (Former Section INL#31623(D)(2); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.6 Fees In-Lieu of Land Dedication.
110.1.6.1Where a fee is required to be paid in-lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 314-110.1.4.3. The fair market value shall be determined in conjunction with the County Assessor at the time of filing the Tentative Map or Tentative Parcel Map. (Former Section INL#316-23(F); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.6.2If the subdivider objects to the fair market value determination, the subdivider may, at his/her own expense, obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the County in determining fair market value. (Former Section INL#316-23(F); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.6.3A fee paid in-lieu of land dedication shall be paid to the County prior to the recordation of the Subdivision Map or Parcel Map. For multiple final maps, the fee paid in-lieu of land dedication shall be paid prior to the recordation of the final map for each unit or phase. (Former Section 316-23(F); Added by Ord. 2166, Sec. 24, 4/7/98)
110.1.7 Deferred Payment of Fees for Secondary Dwelling Units.
110.1.7.1The Hearing Officer may approve a request by the subdivider to defer payment of a portion of the fee paid in-lieu of land dedication for secondary dwelling units on each parcel created by the subdivision map. Any such deferral shall be subject to the recordation of an agreement between the subdivider and the County to convey development rights for the secondary dwelling unit. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)
110.1.7.2The amount of the fee paid in-lieu of dedication subject to the conveyance agreement shall be determined for each affected parcel prior to the recordation of the Subdivision Map or Parcel Map. The fee breakdown for individual parcels subject to deferment shall be in the same proportion that the size of the lot bears to the total aggregate area of the parcels covered by the conveyance. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)
110.1.7.3If the fee paid in-lieu of land dedication is deferred, reconveyance of development rights shall be initiated upon payment of the fee in-lieu of dedication by the record owner of the subject parcel at the time the request for reconveyance is made to the County. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)
110.1.8 Procedures for Determining Land Dedication, Fee Payment or a Combination of Both. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or a combination of both shall be as follows: (Former Section 316-23(H); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.1At the time of filing a Tentative Subdivision Map or Tentative Parcel Map for approval, the subdivider shall, as part of such filing, indicate whether he/she desires to dedicate property for park and recreational purposes, or whether he/she desires to pay a fee in-lieu thereof. If the subdivider desires to dedicate land for this purpose, he/she shall designate the area thereof on the subdivision map as submitted. (Former Section 316-23(H)(1); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.2At the time of the approval of the Tentative Subdivision Map or Tentative Parcel Map, the Hearing Officer shall determine as a part of such approval whether to require a dedication of land within the subdivision, payment of a fee in-lieu thereof, or a combination of both. (Former Section 316-23(H)(2); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3The Hearing Officer may approve of the offer of land dedication, or elect to recommend that a payment of a fee in-lieu thereof be required, or that a combination of both be required. In making this determination the Planning Commission shall consider the following: (Former Section 316-23(H)(3); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.1The Humboldt County General Plan; (Former Section 316-23(H)(3)(a); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.2Topography, geology, access, and location of land in the subdivision available for dedication; (Former Section 316-23(H)(3) (b); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.3Size and shape of the land in the subdivision available for dedication; (Former Section 316-23(H)(3)(c); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2214, 6/6/00)
110.1.8.3.4Feasibility of dedication; (Former Section 316-23(H)(3)(d); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.5Availability and adequacy of previously acquired park property; and (Former Section 316-23(H)(3)(e); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.6The desirability of fees being used for indoor recreational facilities. (Former Section 316-23(H)(3)(f); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9 Credit for Private Recreation Facilities. Where a substantial private park and recreation area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent (50%), may be given against the requirement of land dedication or payment of fees in-lieu thereof if the Planning Commission finds that it is in the public interest to do so and that the following standards are met: (Former Section 316-23(I); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.1That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; (Former Section 316-23(I)(1); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.2That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; (Former Section 316-23(I)(2); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.3That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property in the subdivision and which cannot be defeated or eliminated without the consent of the County or its successor; (Former Section 316-23(I)(3); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.4That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; (Former Section 316-23(I)(4); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.5That facilities proposed for the open space are in substantial accordance with the provisions of the Humboldt County General Plan. (Former Section 316-23(I)(5); Added by Ord. 2103, Sec. 4, 1/9/96)
Before credit is given, the Planning Commission shall make findings that the standards herein are met. (Former Section 316-23(I); Added by Ord. 2103, Sec. 4, 1/9/96)
110.2 PLOT PLAN APPROVAL
In order to assure compliance with the land use and development regulations, the Humboldt County Building Division shall not issue any building permit until a plot plan or site plan showing the work to be done as it relates to surrounding uses and property lines has been approved by the Planning Division. All requests for plot plan or site plan approval shall be accompanied by a fee as established by resolution of the Board of Supervisors. (For more on plot plan approval, see Chapter 2, Zoning Clearance Certificate Procedures, Section 312-2) (Former Section INL#316-22; Added by Ord. 1280, Sec. 3, 10/10/78)
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110.1 PARKLAND DEDICATION
110.1.1 Purpose. The purpose of these requirements is to provide opportunities for public recreation in conjunction with residential development in conformity with the County General Plan. (Former Section INL#316-23(A); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.2 Applicability. These regulations shall apply to all divisions of land for residential uses where parkland dedication pursuant to the Quimby Act is required by local community plans. (Former Section INL#316-23(B); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2166, Sec. 24, 4/7/98)
110.1.3 Requirements. As a condition of approval of a Final Map or Parcel Map the subdivider shall satisfy one (1) of the following requirements, at the option of the County: (Former Section INL#316-23(C); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.3.1For new subdivisions containing fifty-one (51) or more parcels: (Former Section INL#316-23(C)(1)); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.3.1.1an offer of dedication land to a public or private non-profit agency for public park or recreation use as identified in the County General Plan and Eureka Community Plan, according to the formula and standards set forth in Section 314-110.1.5 and trails and support facilities identified in the County Trails Plan; or (Former Section INL#316-23(C)(1); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2166, Sec. 24, 4/7/98)
110.1.3.1.2an in-lieu fee, in accordance with the provisions of Section 314-110.1.6 to provide an appropriate contribution to public parks or recreation. It shall be the County’s option to decide whether dedication of land or in-lieu fees shall be required. (Former Section INL#316-23(C)(1); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2166, Sec. 24, 4/7/98)
110.1.3.2For new subdivisions containing fifty (50) or fewer lots or parcels, an in-lieu fee shall be provided consistent with the provisions of Section 314-110.1.6; except that, if mutually agreeable, the subdivider and the County may agree to the dedication of land or a combination of dedication and fee payment. (Former Section INL#316-23(C)(2); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.3.3Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this section. However, a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee shall be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. (Former Section INL#316-23(C) (3); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.4 General Standard. Public parkland and/or recreation facilities shall be provided at the rate of three (3) acres for each 1,000 persons, equal to a standard of 130 square feet per person. This standard shall be utilized pursuant to Section 314-110.1.5 for the determination of parkland dedication. (Former Section INL#316-23(D)(1); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.5 Formula for Dedication of Parkland. The amount of land (per dwelling unit), where land is dedicated, shall be determined by the application of the following formula: (Former Section INL#316-23(D); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.5.1130 square feet per person multiplied by the average number of persons per household. (Former Section INL#316-23(D)(1); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.5.2The average number of persons per household shall be determined by the Planning and Building Divisions based on demographic research and available County Census data from the United States Bureau of the Census. (Former Section INL#31623(D)(2); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.6 Fees In-Lieu of Land Dedication.
110.1.6.1Where a fee is required to be paid in-lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 314-110.1.4.3. The fair market value shall be determined in conjunction with the County Assessor at the time of filing the Tentative Map or Tentative Parcel Map. (Former Section INL#316-23(F); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.6.2If the subdivider objects to the fair market value determination, the subdivider may, at his/her own expense, obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the County in determining fair market value. (Former Section INL#316-23(F); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.6.3A fee paid in-lieu of land dedication shall be paid to the County prior to the recordation of the Subdivision Map or Parcel Map. For multiple final maps, the fee paid in-lieu of land dedication shall be paid prior to the recordation of the final map for each unit or phase. (Former Section 316-23(F); Added by Ord. 2166, Sec. 24, 4/7/98)
110.1.7 Deferred Payment of Fees for Secondary Dwelling Units.
110.1.7.1The Hearing Officer may approve a request by the subdivider to defer payment of a portion of the fee paid in-lieu of land dedication for secondary dwelling units on each parcel created by the subdivision map. Any such deferral shall be subject to the recordation of an agreement between the subdivider and the County to convey development rights for the secondary dwelling unit. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)
110.1.7.2The amount of the fee paid in-lieu of dedication subject to the conveyance agreement shall be determined for each affected parcel prior to the recordation of the Subdivision Map or Parcel Map. The fee breakdown for individual parcels subject to deferment shall be in the same proportion that the size of the lot bears to the total aggregate area of the parcels covered by the conveyance. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)
110.1.7.3If the fee paid in-lieu of land dedication is deferred, reconveyance of development rights shall be initiated upon payment of the fee in-lieu of dedication by the record owner of the subject parcel at the time the request for reconveyance is made to the County. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)
110.1.8 Procedures for Determining Land Dedication, Fee Payment or a Combination of Both. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or a combination of both shall be as follows: (Former Section 316-23(H); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.1At the time of filing a Tentative Subdivision Map or Tentative Parcel Map for approval, the subdivider shall, as part of such filing, indicate whether he/she desires to dedicate property for park and recreational purposes, or whether he/she desires to pay a fee in-lieu thereof. If the subdivider desires to dedicate land for this purpose, he/she shall designate the area thereof on the subdivision map as submitted. (Former Section 316-23(H)(1); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.2At the time of the approval of the Tentative Subdivision Map or Tentative Parcel Map, the Hearing Officer shall determine as a part of such approval whether to require a dedication of land within the subdivision, payment of a fee in-lieu thereof, or a combination of both. (Former Section 316-23(H)(2); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3The Hearing Officer may approve of the offer of land dedication, or elect to recommend that a payment of a fee in-lieu thereof be required, or that a combination of both be required. In making this determination the Planning Commission shall consider the following: (Former Section 316-23(H)(3); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.1The Humboldt County General Plan; (Former Section 316-23(H)(3)(a); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.2Topography, geology, access, and location of land in the subdivision available for dedication; (Former Section 316-23(H)(3) (b); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.3Size and shape of the land in the subdivision available for dedication; (Former Section 316-23(H)(3)(c); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2214, 6/6/00)
110.1.8.3.4Feasibility of dedication; (Former Section 316-23(H)(3)(d); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.5Availability and adequacy of previously acquired park property; and (Former Section 316-23(H)(3)(e); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.6The desirability of fees being used for indoor recreational facilities. (Former Section 316-23(H)(3)(f); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9 Credit for Private Recreation Facilities. Where a substantial private park and recreation area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent (50%), may be given against the requirement of land dedication or payment of fees in-lieu thereof if the Planning Commission finds that it is in the public interest to do so and that the following standards are met: (Former Section 316-23(I); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.1That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; (Former Section 316-23(I)(1); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.2That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; (Former Section 316-23(I)(2); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.3That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property in the subdivision and which cannot be defeated or eliminated without the consent of the County or its successor; (Former Section 316-23(I)(3); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.4That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; (Former Section 316-23(I)(4); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.5That facilities proposed for the open space are in substantial accordance with the provisions of the Humboldt County General Plan. (Former Section 316-23(I)(5); Added by Ord. 2103, Sec. 4, 1/9/96)
Before credit is given, the Planning Commission shall make findings that the standards herein are met. (Former Section 316-23(I); Added by Ord. 2103, Sec. 4, 1/9/96)
110.2 PLOT PLAN APPROVAL
In order to assure compliance with the land use and development regulations, the Humboldt County Building Division shall not issue any building permit until a plot plan or site plan showing the work to be done as it relates to surrounding uses and property lines has been approved by the Planning Division. All requests for plot plan or site plan approval shall be accompanied by a fee as established by resolution of the Board of Supervisors. (For more on plot plan approval, see Chapter 2, Zoning Clearance Certificate Procedures, Section 312-2) (Former Section INL#316-22; Added by Ord. 1280, Sec. 3, 10/10/78)
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110.1 PARKLAND DEDICATION
110.1.1 Purpose. The purpose of these requirements is to provide opportunities for public recreation in conjunction with residential development in conformity with the County General Plan. (Former Section INL#316-23(A); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.2 Applicability. These regulations shall apply to all divisions of land for residential uses where parkland dedication pursuant to the Quimby Act is required by local community plans. (Former Section INL#316-23(B); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2166, Sec. 24, 4/7/98)
110.1.3 Requirements. As a condition of approval of a Final Map or Parcel Map the subdivider shall satisfy one (1) of the following requirements, at the option of the County: (Former Section INL#316-23(C); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.3.1For new subdivisions containing fifty-one (51) or more parcels: (Former Section INL#316-23(C)(1)); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.3.1.1an offer of dedication land to a public or private non-profit agency for public park or recreation use as identified in the County General Plan and Eureka Community Plan, according to the formula and standards set forth in Section 314-110.1.5 and trails and support facilities identified in the County Trails Plan; or (Former Section INL#316-23(C)(1); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2166, Sec. 24, 4/7/98)
110.1.3.1.2an in-lieu fee, in accordance with the provisions of Section 314-110.1.6 to provide an appropriate contribution to public parks or recreation. It shall be the County’s option to decide whether dedication of land or in-lieu fees shall be required. (Former Section INL#316-23(C)(1); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2166, Sec. 24, 4/7/98)
110.1.3.2For new subdivisions containing fifty (50) or fewer lots or parcels, an in-lieu fee shall be provided consistent with the provisions of Section 314-110.1.6; except that, if mutually agreeable, the subdivider and the County may agree to the dedication of land or a combination of dedication and fee payment. (Former Section INL#316-23(C)(2); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.3.3Subdivisions containing less than five (5) parcels and not used for residential purposes shall be exempted from the requirements of this section. However, a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee shall be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. (Former Section INL#316-23(C) (3); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.4 General Standard. Public parkland and/or recreation facilities shall be provided at the rate of three (3) acres for each 1,000 persons, equal to a standard of 130 square feet per person. This standard shall be utilized pursuant to Section 314-110.1.5 for the determination of parkland dedication. (Former Section INL#316-23(D)(1); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.5 Formula for Dedication of Parkland. The amount of land (per dwelling unit), where land is dedicated, shall be determined by the application of the following formula: (Former Section INL#316-23(D); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.5.1130 square feet per person multiplied by the average number of persons per household. (Former Section INL#316-23(D)(1); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.5.2The average number of persons per household shall be determined by the Planning and Building Divisions based on demographic research and available County Census data from the United States Bureau of the Census. (Former Section INL#31623(D)(2); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.6 Fees In-Lieu of Land Dedication.
110.1.6.1Where a fee is required to be paid in-lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 314-110.1.4.3. The fair market value shall be determined in conjunction with the County Assessor at the time of filing the Tentative Map or Tentative Parcel Map. (Former Section INL#316-23(F); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.6.2If the subdivider objects to the fair market value determination, the subdivider may, at his/her own expense, obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the County in determining fair market value. (Former Section INL#316-23(F); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.6.3A fee paid in-lieu of land dedication shall be paid to the County prior to the recordation of the Subdivision Map or Parcel Map. For multiple final maps, the fee paid in-lieu of land dedication shall be paid prior to the recordation of the final map for each unit or phase. (Former Section 316-23(F); Added by Ord. 2166, Sec. 24, 4/7/98)
110.1.7 Deferred Payment of Fees for Secondary Dwelling Units.
110.1.7.1The Hearing Officer may approve a request by the subdivider to defer payment of a portion of the fee paid in-lieu of land dedication for secondary dwelling units on each parcel created by the subdivision map. Any such deferral shall be subject to the recordation of an agreement between the subdivider and the County to convey development rights for the secondary dwelling unit. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)
110.1.7.2The amount of the fee paid in-lieu of dedication subject to the conveyance agreement shall be determined for each affected parcel prior to the recordation of the Subdivision Map or Parcel Map. The fee breakdown for individual parcels subject to deferment shall be in the same proportion that the size of the lot bears to the total aggregate area of the parcels covered by the conveyance. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)
110.1.7.3If the fee paid in-lieu of land dedication is deferred, reconveyance of development rights shall be initiated upon payment of the fee in-lieu of dedication by the record owner of the subject parcel at the time the request for reconveyance is made to the County. (Former Section 316-23(G); Added by Ord. 2166, Sec. 24, 4/7/98)
110.1.8 Procedures for Determining Land Dedication, Fee Payment or a Combination of Both. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or a combination of both shall be as follows: (Former Section 316-23(H); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.1At the time of filing a Tentative Subdivision Map or Tentative Parcel Map for approval, the subdivider shall, as part of such filing, indicate whether he/she desires to dedicate property for park and recreational purposes, or whether he/she desires to pay a fee in-lieu thereof. If the subdivider desires to dedicate land for this purpose, he/she shall designate the area thereof on the subdivision map as submitted. (Former Section 316-23(H)(1); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.2At the time of the approval of the Tentative Subdivision Map or Tentative Parcel Map, the Hearing Officer shall determine as a part of such approval whether to require a dedication of land within the subdivision, payment of a fee in-lieu thereof, or a combination of both. (Former Section 316-23(H)(2); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3The Hearing Officer may approve of the offer of land dedication, or elect to recommend that a payment of a fee in-lieu thereof be required, or that a combination of both be required. In making this determination the Planning Commission shall consider the following: (Former Section 316-23(H)(3); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.1The Humboldt County General Plan; (Former Section 316-23(H)(3)(a); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.2Topography, geology, access, and location of land in the subdivision available for dedication; (Former Section 316-23(H)(3) (b); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.3Size and shape of the land in the subdivision available for dedication; (Former Section 316-23(H)(3)(c); Added by Ord. 2103, Sec. 4, 1/9/96; Amended by Ord. 2214, 6/6/00)
110.1.8.3.4Feasibility of dedication; (Former Section 316-23(H)(3)(d); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.5Availability and adequacy of previously acquired park property; and (Former Section 316-23(H)(3)(e); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.8.3.6The desirability of fees being used for indoor recreational facilities. (Former Section 316-23(H)(3)(f); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9 Credit for Private Recreation Facilities. Where a substantial private park and recreation area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent (50%), may be given against the requirement of land dedication or payment of fees in-lieu thereof if the Planning Commission finds that it is in the public interest to do so and that the following standards are met: (Former Section 316-23(I); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.1That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; (Former Section 316-23(I)(1); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.2That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; (Former Section 316-23(I)(2); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.3That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property in the subdivision and which cannot be defeated or eliminated without the consent of the County or its successor; (Former Section 316-23(I)(3); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.4That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; (Former Section 316-23(I)(4); Added by Ord. 2103, Sec. 4, 1/9/96)
110.1.9.5That facilities proposed for the open space are in substantial accordance with the provisions of the Humboldt County General Plan. (Former Section 316-23(I)(5); Added by Ord. 2103, Sec. 4, 1/9/96)
Before credit is given, the Planning Commission shall make findings that the standards herein are met. (Former Section 316-23(I); Added by Ord. 2103, Sec. 4, 1/9/96)
110.2 PLOT PLAN APPROVAL
In order to assure compliance with the land use and development regulations, the Humboldt County Building Division shall not issue any building permit until a plot plan or site plan showing the work to be done as it relates to surrounding uses and property lines has been approved by the Planning Division. All requests for plot plan or site plan approval shall be accompanied by a fee as established by resolution of the Board of Supervisors. (For more on plot plan approval, see Chapter 2, Zoning Clearance Certificate Procedures, Section 312-2) (Former Section INL#316-22; Added by Ord. 1280, Sec. 3, 10/10/78)
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112.1 RESIDENTIAL DENSITY BONUS AND OTHER DEVELOPER INCENTIVES
112.1.1 Purpose. This Density Bonus Ordinance is intended to provide incentives for the production of affordable housing, senior housing, and the development of childcare facilities. In enacting this chapter, it is the intent of the County of Humboldt to implement the goals, objectives, and policies of the County General Plan and further to implement and be subject to California Government Code Section 65915. In the event that any provision in this chapter conflicts with State law, State law shall supersede that specific conflict.
112.1.2 Definitions. Whenever the following terms are used in the following sections, they shall have the meaning established by this section and as defined in Section C: Index of Definitions of Language and Legal Terms:
112.1.2.1Additional Incentives.
112.1.2.2Affordable Housing/Affordable Housing Unit.
112.1.2.3Affordable Sales Price.
112.1.2.4Affordable Rent.
112.1.2.5Childcare Facility.
112.1.2.6Density Bonus.
112.1.2.7Density Bonus Housing Agreement.
112.1.2.8Density Bonus Unit.
112.1.2.9Equivalent Financial Incentive.
112.1.2.10Housing Cost.
112.1.2.11Housing Development.
112.1.2.12Incentives or Concessions.
112.1.2.13Initial Subsidy.
112.1.2.14Lower Income.
112.1.2.15Lower Income Household.
112.1.2.16Lower Income Student.
112.1.2.17Maximum Residential Density.
112.1.2.18Moderate Income.
112.1.2.19Moderate Income Household.
112.1.2.20Proportionate Share of Appreciation.
112.1.2.21Qualifying Resident.
112.1.2.22Senior Citizen Housing Development.
112.1.2.23Target Unit.
112.1.2.24Very Low Income.
112.1.2.25Very Low Income Household.
112.1.3 Application for Density Bonus and Incentives or Concessions. At the time the applicant of a proposed housing development, seeking a density bonus and concessions or incentives under this chapter, files a formal application for approval of the proposed development with the Planning Division of Humboldt County, the following information shall be submitted with the fees and required application:
112.1.3.1Identification of the location, acreage, and the maximum number of base units allowed under the zoning and the land use designated under the General Plan without the density bonus;
112.1.3.2Identification of the total number of units proposed, specifically identifying the density bonus units and the affordable units which will demonstrate eligibility under this chapter;
112.1.3.3Identification of the requested concessions or incentives or a list of any alternative concessions or incentives which would provide, in the developer’s opinion, an equivalent financial value to the concession or incentive requested. This requirement does not impair the applicant from substituting a new incentive or concession from what is initially proposed, but substitution may cause project delays and require revision of environmental documents and may necessitate additional processing fees as determined by the Planning Director;
112.1.3.4A clear statement of how the requested concessions or incentives result in identifiable, financially sufficient, and actual cost reductions. The information should be sufficiently detailed to enable County staff to examine the conclusions reached by the developer; and
112.1.3.5Other pertinent information, as the Planning Director may require, to enable the County to adequately analyze the identifiable, financially sufficient, and actual cost reductions of the proposed housing development with respect to the requested additional concession or incentive and other concessions or incentives which may be made available.
112.1.4 Processing of Density Bonus Application.
112.1.4.1Once deemed complete, the density bonus application shall be processed and determinations made concurrent with the underlying housing development application.
112.1.4.2An application for a density bonus and additional incentives as allowed pursuant to this chapter shall be processed concurrently with any other application(s) required for the housing development. Final approval or disapproval of the application shall be made by the approval authority/Hearing Officer unless direct financial assistance is requested. If direct financial assistance is requested, the Planning Commission shall make a recommendation to the Board of Supervisors who will have the authority to make the final decision on the application.
112.1.4.3A housing development including at least twenty percent (20%) of total units affordable to very low or low income households or a combination of the two (2), with affordable rents maintained through an agreement with the County of Humboldt or another governmental agency, shall be entitled to priority processing. Priority processing shall mean a timeline for review of the housing development and all associated applications as mutually agreed to by the County and the developer.
112.1.4.4An applicant/developer proposing a housing development pursuant to this chapter may submit a preliminary application prior to the submittal of any formal request for approval of a housing development. Applicants are encouraged to schedule a preapplication conference with the Director or designated staff to discuss and identify potential application issues including prospective additional incentives pursuant to subsection 314-112.1.8.
112.1.4.5The Director or designated staff shall inform the applicant/developer that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives pursuant to subsection 314-112.1.8 shall be recommended for consideration instead of the requested incentives. If alternative or modified incentives are recommended by the Director or designated staff, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.
112.1.4.6 Determination of Eligibility. Once an application for a density bonus and/or additional incentives is deemed complete, the County shall provide the applicant with a determination, in writing:
112.1.4.6.1The determination shall contain the following details, as applicable:
112.1.4.6.1.1The amount of density bonus for which the applicant is eligible.
112.1.4.6.1.2The parking ratio for which the applicant is eligible, if one is requested pursuant to subsection 314-112.1.12.
112.1.4.6.1.3Whether the applicant has provided adequate information to make a determination regarding additional incentives, concessions, waivers, or reductions of development standards, if they are requested by the applicant.
112.1.4.6.2If the project is changed during the course of development, the County will adjust the amount of density bonus and parking ratios awarded in accordance with this section.
112.1.4.7 Application for Density Bonus Housing Agreement. Once the proposed housing development has received its approval for a density bonus, as described above, the developer shall file an application, including the payment of any processing fees with the Planning Division for approval and finalization of the density bonus agreement in compliance with the requirements set forth in subsection 314-112.1.10.
112.1.5 Eligibility Criteria for Density Bonus.
112.1.5.1The County of Humboldt shall consider a density bonus and provide incentives or concessions as described in subsection 314112.1.8 when a developer of a housing development seeks and agrees to construct a housing development that will contain at least one (1) of the following:
112.1.5.1.1At least ten percent (10%) of the total units of a housing development designated as target units affordable to low income households as defined herein;
112.1.5.1.2At least five percent (5%) of the total units of a housing development designated as target units affordable to very low income households as defined herein;
112.1.5.1.3A senior citizen housing development, as defined herein;
112.1.5.1.4At least ten percent (10%) of the total dwelling units are sold to persons and families of moderate income households as defined herein; provided, that all units in the development are offered to the public for purchase;
112.1.5.1.5At least ten percent (10%) of the total units of the housing development designated as target units for transitional foster youth, disabled veterans, or homeless persons, as defined in Section 66025.9 of the California Education Code, Section 18541 of the California Government Code, and Section 11301 et seq. of Title 42 of United States Code, respectively;
112.1.5.1.6For student housing developments, at least twenty percent (20%) of the total units designated as target units affordable to lower income students. For purposes of calculating a density bonus, the term “unit” as used in this subsection means one rental bed and its pro rata share of associated common area facilities. No rental bed reserved for lower income students may be tied to a specific bedroom, nor may a lower income student be prevented from sharing a room with a non-lower income student. The student housing development must also meet all the following requirements:
112.1.5.1.6.1All units in the student housing development are used exclusively for students who are enrolled in at least six (6) units at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges, or students who have been enrolled at such an institution within the past six (6) months. For compliance with this subsection, prior to issuance of a certificate of occupancy, the developer must provide evidence that either of the following has been established:
education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges, or students who have been enrolled at such an institution within the past six (6) months. For compliance with this subsection, prior to issuance of a certificate of occupancy, the developer must provide evidence that either of the following has been established:
112.1.5.1.6.1.1An operating agreement or master lease with the relevant institution(s) of higher education for the institution(s) to occupy all units of the student housing development with students from that institution(s). The operating agreement or the master lease are not violated by circumstances where there are insufficient students enrolled to fill all the units; or
112.1.5.1.6.1.2A system for confirming renter’s status as students is established to ensure that all units of the student housing development are occupied with students of an institution of higher education.
112.1.5.1.6.2The target units in the student housing development shall be used for and occupied by lower income students;
112.1.5.1.6.3The rent for the target unit shall be calculated at thirty percent (30%) of sixty-five percent (65%) of the area median income for single-room occupancy type units;
112.1.5.1.6.4The student housing development shall provide priority for the target units to lower income students experiencing homelessness. Verification of a person’s status as homeless may be provided by the institution of higher education or by a homeless service provider, as defined in Section 103577(e)(3) of California Health and Safety Code; and
112.1.5.1.6.5The eligibility of a student to occupy a unit for lower income students shall be verified by either their enrolled institution of higher education or the California Student Aid Commission with an affidavit, award letter, or letter of eligibility confirming that the student receives or is eligible for financial aid. This may include an institutional grant or fee waiver from the institution, the California Student Aid Commission, or the Federal government. Tracking this eligibility is the responsibility of the development’s operating manager, via the method established for subsection 314-112.1.5.1.6.1.
112.1.5.1.7One hundred percent (100%) of all units in the development, including total units and density bonus units, but excluding a manager’s unit(s), designated as target units affordable to lower income households. However, up to twenty percent (20%) of those target units may instead be designated for moderate income households;
112.1.5.1.8At least fifteen percent (15%) of total units of a conversion from apartments to a condominium designated as target units affordable to lower income households as defined herein. Such a project would qualify for either a density bonus or an additional incentive, but not both. This density bonus shall not be permitted in addition to any other density bonuses or incentives; or
112.1.5.1.9At least thirty-three percent (33%) of total units of a conversion from apartments to a condominium designated as target units affordable to lower income or moderate income households as defined herein. Such a project would qualify for either a density bonus or an additional incentive, but not both. This density bonus shall not be permitted in addition to any other density bonuses or incentives.
112.1.5.2In determining the number of target units to be provided pursuant to this section, the maximum residential density shall be multiplied by the percentage indicated by the applicable subsection of subsection 314-112.1.5.1. The density bonus units shall not be included when determining the total number of target units in the housing development. When calculating the required number of target units, any resulting decimal fraction shall be rounded to the next larger integer.
112.1.5.3Unless otherwise stated, multiple sources of density bonuses or additional incentives shall not benefit one (1) housing development to a greater extent than the highest bonus available from any single source in the proposal or discretionary permit.
112.1.6 Project Specific Density Bonus. The County of Humboldt will allow a density bonus and concessions or incentives for a housing development meeting all the applicable eligibility requirements of this chapter according to the following density bonus options. In the event that the minimum requirements for granting density bonus units or number of applicable concessions or incentives as set forth in California Government Code Section 65915 is amended or modified after the adoption of this chapter by the County, then the lowest minimum requirements shall apply.
112.1.6.1 Density Bonus for Very Low Income Households. If a housing developer elects to construct units for very low income households, the development shall be entitled to the following density bonus calculation:
| Provision of Very Low Income Units | ||
| Percentage of Very Low Income Units Affordable |
Density Bonus Available ***** |
Number of Incentives or Concessions |
| 5% | 20% | 1 |
| 6% | 22.5% | 1 |
| 7% | 25% | 1 |
| 8% | 27.5% | 1 |
| 9% | 30% | 1 |
| 10% | 32.5% | 2 |
| 11% | 35% | 2 |
| 12% | 38.75% | 2 |
| 13% | 42.5% | 2 |
| 14% | 46.25% | 2 |
| 15% | 50% | 3 |
- The allowed increase is the percentage over the total number of units that would be allowed without a density bonus.
112.1.6.2 Density Bonus for Low Income Households. If a housing developer elects to construct units for low income households, the housing development shall be entitled to the following density bonus calculation:
| development shall be entitled to the following density bonus calculation: | development shall be entitled to the following density bonus calculation: | development shall be entitled to the following density bonus calculation: |
|---|---|---|
| Provision of Low Income Units | ||
| Percentage of Low Income Units Affordable |
Density Bonus Available ***** |
Number of Incentives or Concessions |
| 10% | 20% | 1 |
| 11% | 21.5% | 1 |
| 12% | 23% | 1 |
| 13% | 24.5% | 1 |
| 14% | 26% | 1 |
| 15% | 27.5% | 1 |
| 17% | 30.5% | 2 |
| 18% | 32% | 2 |
| 19% | 33.5% | 2 |
| 20% | 35% | 2 |
| 21% | 38.75% | 2 |
| 22% | 42.5% | 2 |
| 23% | 46.25% | 2 |
| --- | --- | --- |
| Provision of Low Income Units | ||
| Percentage of Low Income Units Affordable |
Density Bonus Available ***** |
Number of Incentives or Concessions |
| 24% | 50% | 3 |
*The allowed increase is the percentage over the total number of units that would be allowed without a density bonus.
112.1.6.3 Senior Housing. If a housing developer elects to construct a senior citizen housing development, the density bonus shall be twenty percent (20%) of the total number of allowed housing units without the density bonus.
112.1.6.4 For-Sale Moderate Income Units. If a housing developer elects to construct units for moderate income households and those units are for sale, the development shall be entitled to the following density bonus calculation:
| Moderate Income Units | ||
| Percentage of Moderate Income Units Affordable |
Density Bonus Available ***** |
Number of Incentives or Concessions |
| 10% | 5% | 1 |
| 11% | 6% | 1 |
| 12% | 7% | 1 |
| 13% | 8% | 1 |
| 14% | 9% | 1 |
| 15% | 10% | 1 |
| 16% | 11% | 1 |
| 17% | 12% | 1 |
| 18% | 13% | 1 |
| 19% | 14% | 1 |
| 20% | 15% | 2 |
| 21% | 16% | 2 |
| 22% | 17% | 2 |
| 23% | 18% | 2 |
| 24% | 19% | 2 |
| 25% | 20% | 2 |
| 26% | 21% | 2 |
| 27% | 22% | 2 |
| 28% | 23% | 2 |
| 29% | 24% | 2 |
| 30% | 25% | 3 |
| 31% | 26% | 3 |
| 32% | 27% | 3 |
| 33% | 28% | 3 |
| 34% | 29% | 3 |
| 35% | 30% | 3 |
| --- | --- | --- |
| Moderate Income Units | ||
| Percentage of Moderate Income Units Affordable |
Density Bonus Available ***** |
Number of Incentives or Concessions |
| 36% | 31% | 3 |
| 37% | 32% | 3 |
| 38% | 33% | 3 |
| 39% | 34% | 3 |
| 40% | 35% | 3 |
| 41% | 38.75% | 3 |
| 42% | 42.5% | 3 |
| 43% | 46.25% | 3 |
| 44% | 50% | 3 |
*The allowed increase is the percentage over the total number of units that would be allowed without a density bonus.
112.1.6.5 Density Bonus for Land Donation. When an applicant for a tentative map, parcel map, or other residential development approval donates at least one acre of land or enough land to develop forty (40) units, then the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density for the entire housing development as follows:
LAND DONATION
| percent (15%) increase above the otherwise maximum allowable residential density for the entire housing development | percent (15%) increase above the otherwise maximum allowable residential density for the entire housing development |
|---|---|
| LAND DONATION | |
| Percentage of Very Low Income Units |
Percentage Density Bonus |
| 10% | 15% |
| 11% | 16% |
| 12% | 17% |
| 13% | 18% |
| 14% | 19% |
| 15% | 20% |
| 16% | 21% |
| 17% | 22% |
| 18% | 23% |
| 19% | 24% |
| 20% | 25% |
| 21% | 26% |
| 22% | 27% |
| 23% | 28% |
| 24% | 29% |
| 25% | 30% |
| 26% | 31% |
| 27% | 32% |
| 28% | 33% |
| 29% | 34% |
| --- | --- |
| LAND DONATION | |
| Percentage of Very Low Income Units |
Percentage Density Bonus |
| 30% | 35% |
112.1.6.5.1Nothing in this subsection shall be construed to enlarge or diminish the authority of the County to require a developer to donate land as a condition of development.
112.1.6.5.2The density bonus for land dedication shall be in addition to any density bonus earned pursuant to subsection 314-112.1.6 and up to a maximum combined increase of thirty-five percent (35%).
112.1.6.5.3An applicant with a land donation shall be eligible for the increased density bonus if all of the following conditions are met:
112.1.6.5.3.1The applicant donates and transfers the land to the County no later than the date of approval of the County of the final subdivision map, parcel map, or housing development application for the proposed housing development seeking the density bonus;
112.1.6.5.3.2The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed housing development seeking the density bonus; and
112.1.6.5.3.3The land proposed to be donated to the County:
112.1.6.5.3.3.1Has the appropriate General Plan designation and is appropriately zoned for development at the density described in Section 65583.2(3)(c) of the California Government Code;
112.1.6.5.3.3.2Is or will be served by adequate public facilities and infrastructure;
112.1.6.5.3.3.3Has all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, no later than the date of approval of the final subdivision map, parcel map, or housing development application, with the exception that subsequent design review may be required if a design review permit has not been issued prior to the date of transfer;
112.1.6.5.3.3.4Is transferred to the County or a housing developer approved by the County;
112.1.6.5.3.3.5Shall be within the boundary of the proposed development or within one-quarter (1/4) mile of the boundary of the proposed development;
112.1.6.5.3.3.6Must have a proposed source of funding for the very low income units prior to the approval of the final subdivision map, parcel map or housing development application seeking the density bonus; and
112.1.6.5.3.3.7Must be either at least one acre in size or of sufficient size to permit the development of at least forty (40) units.
112.1.6.5.4The transferred land and the affordable housing units shall be subject to a deed restriction, which shall be recorded on the property upon dedication, ensuring continued affordability of units for at least fifty-five (55) years from the date of occupancy, which shall be consistent with subsections 314-112.1.10 and 314-112.1.11.3.9.
112.1.6.6 Condominium Conversions. If a housing developer elects to provide units of a condominium conversion to low income or moderate income households, in accordance with subsection 314-112.1.5.1.8 or 314-112.1.5.1.9 of Humboldt County Code and Section 65915.5 of the California Government Code, the density bonus shall be an increase in units of twenty-five percent (25%) over the number of apartments, but provided within the existing structure or structures, as an alternative to the incentive authorized by subsection 314-112.1.8.3.10. Condominium conversions do not qualify for the additional density bonuses otherwise authorized by subsections 314-112.1.6.5 and 314-112.1.7 for land donation and childcare facilities.
112.1.6.7 Transitional Foster Youth, Disabled Veterans, and Homeless Persons. If a housing developer elects to construct units for transitional foster youth, disabled veterans, or homeless persons, the density bonus shall be twenty percent (20%) of the number of the type of units that qualified the development for a density bonus.
112.1.6.8 Student Housing for Lower Income Students. If a developer elects to construct units for low income students in a student housing development, the development shall be entitled to the following density bonus calculation:
| Student Housing Low Income Units | ||
| Percentage of Lower Income Units Affordable |
Density Bonus Available ***** |
Number of Incentives or Concessions |
| 20% | 35% | 1 |
| 21% | 38.75% | 1 |
| 22% | 42.5% | 1 |
| 23% | 46.25% | 2 |
| 24% | 50% | 2 |
*The allowed increase is the percentage over the total number of units that would be allowed without a density bonus.
112.1.6.9 One Hundred Percent (100%) Low Income Units. If a housing developer elects to construct units in accordance with subsection 314-112.1.5.1.7, either of the following shall apply:
112.1.6.9.1The density bonus shall be eighty percent (80%) of the number of units for lower income households; or
112.1.6.9.2If the housing development is located within one-half (1/2) mile of a major transit stop, no maximum controls on density shall apply.
112.1.6.10 Additional Density Bonus. When a housing developer elects to construct target units at one (1) of the percentages described in subsection 314-112.1.6.10.1 and construct additional target units in conformance with subsection 314-112.1.6.10.2, the developer shall qualify for one (1) additional density bonus in accordance with the tables in subsection 314-112.1.6.10.2. Restrictions of more than fifty percent (50%) of the total units as target units do not qualify for greater additional density bonuses for this section.
d in subsection 314-112.1.6.10.1 and construct additional target units in conformance with subsection 314-112.1.6.10.2, the developer shall qualify for one (1) additional density bonus in accordance with the tables in subsection 314-112.1.6.10.2. Restrictions of more than fifty percent (50%) of the total units as target units do not qualify for greater additional density bonuses for this section.
112.1.6.10.1To qualify for an additional density bonus per subsection 314-112.1.6.10, the developer shall construct target units meeting one (1) of the following criteria:
112.1.6.10.1.1The developer provides twenty-four percent (24%) of the total units to lower income households, in accordance with the criteria of subsection 314-112.1.5.1.1;
112.1.6.10.1.2The developer provides fifteen percent (15%) of the total units to very low income households, in accordance with the criteria of subsection 314-112.1.5.1.2; or
112.1.6.10.1.3The developer provides forty-four percent (44%) of the total units to moderate income households, in accordance with the criteria of subsection 314-112.1.5.1.4.
112.1.6.10.2When qualified by subsection 314-112.1.6.10.1 and the project adds additional target units in accordance with one (1) of the tables below, then the project qualifies for one (1) additional density bonus in accordance with the corresponding line of the table:
| Additional Density Bonus for Very Low Income Units | |
| Percentage of Very Low Income Units |
Percentage Density Bonus |
| 5% | 20% |
| 6% | 23.75% |
| 7% | 27.5% |
| 8% | 31.25% |
| 9% | 35% |
| 10% | 38.75% |
| Additional Density Bonus for Moderate Income Units | |
| Percentage of Moderate Income Units |
Percentage Density Bonus |
| 5% | 20% |
| 6% | 22.5% |
| --- | --- |
| Additional Density Bonus for Moderate Income Units | |
| Percentage of Moderate Income Units |
Percentage Density Bonus |
| 7% | 25% |
| 8% | 27.5% |
| 9% | 30% |
| 10% | 32.5% |
| 11% | 35% |
| 12% | 38.75% |
| 13% | 42.5% |
| 14% | 46.25% |
| 15% | 50% |
112.1.7 Density Bonus for Development of Childcare Facility.
112.1.7.1A housing development meeting the requirements of subsections 314-112.1.5 and 314-112.1.6 and including a childcare facility that will be located on the premises of, as part of, or adjacent to, such a housing development shall receive either of the following:
112.1.7.1.1An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility; or
112.1.7.1.2An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the childcare facility.
112.1.7.2When a housing development is providing a childcare facility consistent with this chapter, then the conditions of approval shall require that:
112.1.7.2.1The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable; and
112.1.7.2.2Of the children who attend the childcare facility, the children of very low income households, lower income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of affordable units that are required pursuant to subsection 314-112.1.5.
112.1.7.3The County shall not be required to provide a density bonus or incentive or concession for a childcare facility if it makes a written finding, based upon substantial evidence, that the community has adequate childcare facilities.
112.1.8 Available Incentives and Concessions. In addition to the applicable density bonus described above, an applicant may request in writing incentives or concessions in connection with its application for a density bonus in accordance with the density bonus calculation set forth in subsection 314-112.1.6.
112.1.8.1The incentive or concession may include, but is not limited to:
112.1.8.1.1A reduction in the site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code. These may include, but are not limited to, any of the following:
112.1.8.1.1.1Reduced minimum lot sizes and dimensions;
112.1.8.1.1.2Reduced minimum yard setbacks;
112.1.8.1.1.3Increased maximum lot coverage; up to eighty percent (80%) lot coverage is allowed;
112.1.8.1.1.4Increased maximum building height;
112.1.8.1.1.5Reduced minimum building separation requirements;
112.1.8.1.1.6Reduced street standards (e.g., reduced minimum street widths);
112.1.8.1.1.7Reduced solar shading requirements; or
112.1.8.1.1.8Reduced on-site parking standards, including the number or size of spaces.
112.1.8.1.2Other regulatory incentives or concessions proposed by the developer or the County which result in identifiable cost reductions or avoidance;
112.1.8.1.3A density bonus of more than twenty-five percent (25%). Density bonuses of one hundred percent (100%) will be allowed for projects within mapped Housing Opportunity Zones with one hundred percent (100%) of the units affordable to lower income households;
112.1.8.1.4Deferred planning, plan check, construction permit, improvement plan review fees, map check fees, and/or development impact fees for projects with one hundred percent (100%) of the units affordable to lower income households;
112.1.8.1.5Direct financial aid in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land or construction costs for projects with one hundred percent (100%) of the units affordable to lower income households;
112.1.8.1.6Fast-track processing of all permits and requirements for affordable housing projects through the Planning and Building, Environmental Health and Land Use Divisions by dedicated staff on a priority basis ahead of non-density bonus permit applications;
112.1.8.1.7Deferral of subdivision improvement requirements consistent with the protection of public health and safety;
112.1.8.1.8Approval of mixed-use development in conjunction with the proposed housing development if the nonresidential land uses will reduce the cost of the proposed housing development, and the nonresidential land uses are compatible with the proposed housing development, surrounding development, and planned development;
112.1.8.1.9Other regulatory incentives or concessions proposed by the applicant or that the County determines will result in identifiable, financially sufficient, and actual cost reductions.
112.1.8.2The County shall grant incentive(s) or concession(s) requested by the applicant, in accordance with this section, unless the County can make a written finding, based upon the substantial evidence, of any of the following:
112.1.8.2.1The incentive or concession does not result in identifiable and actual cost reductions to affordable housing costs or affordable rents;
112.1.8.2.2The incentive or concession would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety or physical environment or any real property that is listed in the California Register of Historical Resources and for which the County determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households; or
112.1.8.2.3The incentive or concession would be contrary to State or Federal law.
112.1.8.3The applicant shall receive the following number of incentives or concessions:
112.1.8.3.1One (1) incentive or concession for projects that include at least ten percent (10%) of the total units reserved for lower income households, at least five percent (5%) reserved for very low income households, or at least ten percent (10%) reserved for sale to persons and families of moderate income;
112.1.8.3.2Two (2) incentives or concessions for projects that include at least seventeen percent (17%) of the total units reserved for lower income households, at least ten percent (10%) reserved for very low income households, or at least twenty percent (20%) reserved for sale to persons and families of moderate income;
112.1.8.3.3Three (3) incentives or concessions for projects that include at least twenty-four percent (24%) of the total units reserved for lower income households, at least fifteen percent (15%) reserved for very low income households, or at least thirty percent (30%) reserved for sale to persons and families of moderate income;
112.1.8.3.4Four (4) incentives or concessions for projects that include at least sixteen percent (16%) of the total units for very low income households or at least forty-five percent (45%) of the total units reserved for sale to persons and families of moderate income;
112.1.8.3.5Five (5) incentives or concessions for projects in which one hundred percent (100%) of all units in the development, excluding the manager’s unit or units, are reserved for lower income households. However, up to twenty percent (20%) of all the units may instead be reserved for moderate income households;
112.1.8.3.5.1If a project qualifies for these incentives and is located within one-half (1/2) mile of a major transit stop, then the applicant shall also be entitled to a height increase of up to three (3) additional stories, or thirty-three (33) feet.
112.1.8.3.6One (1) incentive or concession for student housing development projects that include at least twenty percent (20%) of the total units reserved for lower income students;
112.1.8.3.7Two (2) incentives or concessions for student housing development projects that include at least twenty-three percent (23%) of the total units reserved for lower income students;
112.1.8.3.8The County may grant multiple additional incentives to facilitate the inclusion of more target units than are required by this section;
- 112.1.8.3.9When qualified by and elected for in subsection 314 112.1.7.1.2, one (1) incentive or concession in addition to the incentives authorized by subsections 314-112.1.8.3.1 through 314-112.1.8.3.8, if applicable; or
112.1.8.3.10One (1) incentive or concession for conversion of apartments to a condominium that would include at least thirty-three percent (33%) of the total units of the proposed condominium project to lower and moderate income households, as an alternative to density bonus authorized by subsection 314-112.1.6.6. This incentive shall not be permitted in addition to any other incentives or density bonuses.
112.1.9 General Provisions for Density Bonuses and Incentives/Concessions.
112.1.9.1All density bonus calculations resulting in fractional units shall be rounded up to the next whole number.
112.1.9.2The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
112.1.9.3(Section Reserved for Future Use)
112.1.9.4If a County development standard would effectively physically preclude the construction of a development with the densities or additional incentives described in this Section 314-112, that otherwise would meet the criteria of subsection 314-112.1.5.1, then an applicant may seek a waiver or reduction of those specific standards (hereafter referred to only as “waiver”) from the County.
112.1.9.4.1This waiver shall be granted unless the County makes a written finding based on substantial evidence of any of the following:
112.1.9.4.1.1That the development standard does not physically preclude the development’s construction otherwise permitted by this section;
112.1.9.4.1.2That the waiver would result in a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health or safety and for which the County determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
112.1.9.4.1.3That the waiver would be contrary to State or Federal law; or
112.1.9.4.1.4That the waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
112.1.9.4.2When this waiver is granted, the waiver shall not be treated as an additional incentive and does not grant additional incentives.
112.1.9.4.3This waiver shall not apply to developers that receive the waiver from maximum controls on density associated with projects that provide one hundred percent (100%) low income units within one-half (1/2) mile of a major transit stop, as described by subsection 314-112.1.6.9.2. However, the County has discretion to authorize both waivers.
112.1.9.5 Location of Affordable Units. The location of the affordable units within the housing development may be at the discretion of the developer. However, the affordable units shall:
112.1.9.5.1Be constructed at the same time as the market units are constructed;
112.1.9.5.2Be reasonably dispersed throughout the development and/or phases if applicable;
112.1.9.5.3Be a similar unit type/size to the overall housing development; and
112.1.9.5.4Be reasonably compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish.
112.1.9.6All sites associated with the housing development shall be contiguous and shall be the subject of one (1) development application.
112.1.9.7For the purposes of these sections, “located within one-half (1/2) mile of a major transit stop” shall mean that any point on a proposed development is within one-half (1/2) mile of any point on a property on which a major transit stop is located, as defined in Section 21155(b) of the California Government Code, including any parking lot owned by the transit authority or other local agency operating the major transit stop.
112.1.10 Required Terms for the Continued Availability of Affordable Units. Affordability restrictions apply to target units in the following cases (however, when also required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, the longest period of time applies):
112.1.10.1When established to qualify for a density bonus and designated for rental to very low and low income households, target units shall remain restricted and affordable to the designated group for a period of fifty-five (55) years (or a longer period of time if required
by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program).
112.1.10.2When existing, vacated, or demolished rental units are required to be replaced in accordance with subsection 314-112.1.13 and identify this subsection as applicable, the replacement units shall remain restricted and affordable to households of the same or lower income category as those households in the former units for a period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program).
12.1.13 and identify this subsection as applicable, the replacement units shall remain restricted and affordable to households of the same or lower income category as those households in the former units for a period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program).
112.1.10.3When established to qualify for a density bonus and designated for transitional foster youth, disabled veterans, or homeless persons, target units shall remain restricted and affordable to the designated group for a period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing program, mortgage insurance program, or rental subsidy program). Affordability to these designated groups shall be at the same level as very low income households.
112.1.10.4In a student housing development, when established to qualify for a density bonus and designated for lower income students, target units shall remain restricted and affordable to the designated group for a period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing program, mortgage insurance program, or rental subsidy program).
112.1.10.4.1Target units subject to this subsection refer to one rental bed and its pro rata share of the associated common area facilities. The affordability restriction shall not tie these target units to any specific bedrooms within the student housing development, nor shall it prevent a lower income student from sharing a room with a non-lower income student.
112.1.11 Density Bonus Housing Agreement.
112.1.11.1Applicants/developers requesting a density bonus shall agree to enter into a density bonus housing agreement with the County. The terms of the draft agreement shall be reviewed and revised as appropriate by the Director or designated staff, who shall formulate a recommendation to the approval authority/Hearing Officer for final approval.
112.1.11.2Following execution of the agreement by all parties, the completed density bonus housing agreement, or other equivalent recording instrument, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of target units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The density bonus housing agreement shall be binding to all future owners and successors in interest.
112.1.11.3The density bonus housing agreement shall include at least the following:
112.1.11.3.1The total number of units approved for the housing development, including the number of target units;
112.1.11.3.2A description of the household income group to be accommodated by the housing development, as outlined in subsection 314-112.1.3, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;
112.1.11.3.3The location, unit sizes (square feet) and number of bedrooms of target units. Location of target units shall not be included for lower income units in student housing developments;
112.1.11.3.4Tenure of use restrictions for target units of at least fifty-five (55) years, in accordance with subsection 314-112.1.10;
112.1.11.3.5A schedule for completion and occupancy of target units;
112.1.11.3.6A description of the additional incentive(s) or equivalent financial incentives being provided by the County;
112.1.11.3.7A description of remedies for breach of the agreement by either party (the County may identify tenants or qualified purchasers as third party beneficiaries under the agreement);
112.1.11.3.8Other provisions to ensure implementation and compliance with this chapter;
112.1.11.3.9In the case of for-sale housing developments, the density bonus housing agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:
112.1.11.3.9.1Target units shall, upon initial sale, be sold to eligible households meeting the description of the household income group described per subsection 314-112.1.11.3.2 at an affordable sales price and housing cost;
112.1.11.3.9.2Target units shall be initially owner-occupied by eligible households meeting the description of the household income group described per subsection 314-112.1.11.3.2;
112.1.11.3.9.3The initial purchaser of each target unit shall execute an instrument or agreement approved by the County restricting the sale of the target units in accordance with this section during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain such provisions as the County may require to ensure continued compliance with this chapter and the State Density Bonus Law;
112.1.11.3.9.4If a target unit is not purchased by a household meeting the description of the household income group described per subsection 314-112.1.11.3.2 within one hundred eighty (180) days after the issuance of the certificate of occupancy, the unit must be purchased by a qualified nonprofit housing corporation meeting all of the following requirements:
112.1.11.3.9.4.1The nonprofit corporation has a determination letter from the California Internal Revenue Service (IRS) affirming its tax-exempt status and is not a private foundation, in accordance with Sections 501(c)(3) and 509 of the Internal Revenue Code, respectively;
112.1.11.3.9.4.2The nonprofit corporation is based in California;
112.1.11.3.9.4.3All board members of the nonprofit corporation have their primary residence in California;
112.1.11.3.9.4.4The primary activity of the nonprofit corporation is the development and preservation of home ownership of affordable housing in California. The corporation should incorporate within their contracts for initial purchase of property either a repurchase option requiring subsequent purchasers to first offer the qualified nonprofit corporation the right to repurchase the property before selling or conveying the property to any other purchaser, pursuant to an equity sharing agreement, or affordability restrictions on the sale and conveyance of the property that ensure the property is preserved for at least forty-five (45) years for lower income housing as owner-occupied housing and will be sold or resold only to persons or households of very low, low, or moderate income, in accordance with the designated groups of the target unit(s); and
112.1.11.3.9.4.5In accordance with the definition of “qualified nonprofit housing corporation” per California Government Code Section 65915(c)(2)(B), the nonprofit shall be organized pursuant to Section 501(c)(3) of the Revenue and Taxation Code and shall have received a welfare exemption for the relevant properties under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low income families who participate in a special no-interest loan program.
112.1.11.3.9.5The target unit shall be subject to an equity sharing agreement, except as otherwise specified in subsection 314112.1.11.3.9.4.4. Equity sharing agreements are enforced by the County, except when in conflict with requirements of another public funding source or law or are otherwise written such that they defer to recapture provisions of the other public funding source. The following provisions apply to equity sharing agreements:
112.1.11.3.9.5.1Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation.
112.1.11.3.9.5.2The County shall recapture any initial subsidies as defined in subsection 314-112.1.11.3.9.5.3 and their proportionate share of appreciation as defined in subsection 314-112.1.11.3.9.5.4. The proportionate share of appreciation shall be budgeted to only be utilized for any of the homeownership promoting purposes described in Section 33334.2(e) of California Health and Safety Code and shall be utilized within five (5) years. Alternatively, a qualified nonprofit housing corporation may recapture these funds in accordance with subsection 314-112.1.11.3.9.5.5.
112.1.11.3.9.5.3As used in this subsection, initial subsidies are calculated as the fair market value of the residence at the time of the initial sale, minus the initial sale price to the designated household, plus the amount of any downpayment assistance or mortgage assistance. In cases where the residence’s market value is lower on resale than the market value on initial purchase, the value at the time of resale shall instead be used as the initial market value.
culated as the fair market value of the residence at the time of the initial sale, minus the initial sale price to the designated household, plus the amount of any downpayment assistance or mortgage assistance. In cases where the residence’s market value is lower on resale than the market value on initial purchase, the value at the time of resale shall instead be used as the initial market value.
112.1.11.3.9.5.4As used in this subsection, the County’s proportionate share of appreciation shall be equal to the ratio between the County’s initial subsidy and the fair market value of the residence at the time of initial sale.
112.1.11.3.9.5.5If the unit is purchased or developed by a qualified nonprofit housing corporation in accordance with subsection 314112.1.11.3.9.4, the County may contract with the corporation such that the nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation and the nonprofit housing corporation is required to utilize one hundred percent (100%) of those proceeds to promote homeownership for lower income households.
112.1.11.3.10In the case of rental housing developments, the density bonus housing agreement shall provide for the following conditions governing the use of target units during the use restriction period:
112.1.11.3.10.1The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining target units for qualified tenants;
112.1.11.3.10.2Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter; and
112.1.11.3.10.3Provisions requiring owners to submit an annual report to the County, which includes the address and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.
112.1.11.4The Planning Director is hereby expressly authorized to act as the County’s agent to enter into the density bonus housing agreement for the purpose of enforcing the terms of the agreement consistent with this chapter.
112.1.12 Parking Standards for Density Bonus-Qualified Developments.
112.1.12.1Upon request by the applicant, the County shall not require the proposed housing development eligible for a density bonus pursuant to this chapter to provide a parking ratio, including handicapped and guest parking, that exceeds the following:
112.1.12.1.1Zero (0) to one (1) bedrooms: one (1) on-site parking space;
112.1.12.1.2Two (2) to three (3) bedrooms: two (2) on-site parking spaces;
112.1.12.1.3Four (4) and more bedrooms: two and one-half (2 1/2) parking spaces; or
112.1.12.1.4One (1) bedspace in a student housing development: zero (0) on-site parking spaces.
If the total number of parking spaces required for the proposed housing development is other than a whole number, the number shall be rounded up to the next whole number.
112.1.12.2Upon request by the applicant, the County shall not require the proposed housing development eligible for a density bonus pursuant to this chapter to provide a parking ratio, including handicapped and guest parking, which exceeds one-half (1/2) spaces per unit; provided, that the following conditions are met:
112.1.12.2.1Either of the following regarding percentage of target units:
112.1.12.2.1.1At least twenty percent (20%) of the total units of the housing development are target units affordable to low income households; or
112.1.12.2.1.2At least eleven percent (11%) of the total units of the housing development are target units affordable to very low income households.
112.1.12.2.2The housing development is located within one-half (1/2) mile of a major transit stop; and
112.1.12.2.3There is unobstructed access to the major transit stop from the housing development.
112.1.12.3Upon request by the applicant, the County shall not impose parking standards on a proposed housing development that meets the conditions of subsection 314-112.1.5.1.7; provided, that any of the following conditions are met:
112.1.12.3.1The housing development is located within one-half (1/2) mile of a major transit stop and there is unobstructed access to the major transit stop from the housing development;
112.1.12.3.2The housing development is a for-rent development for individuals who are fifty-five (55) years of age or older, complies with Sections 51.2 and 51.3 of California Civil Code, and has either paratransit service or has unobstructed access to, within one-half (1/2) mile, a fixed bus route service that operates at least eight (8) times per day; or
112.1.12.3.3The housing development is either a special needs housing development or a supportive housing development, as defined in Sections 51312 and 50675 of California Government Code, respectively. To meet this condition, a special needs housing development requires either paratransit service or unobstructed access to, within one-half (1/2) mile, a fixed bus route service that operates at least eight (8) times per day.
112.1.12.4Unobstructed access means that a resident is able to traverse between the locations without encountering natural or constructed impediments, such as freeways, rivers, mountains, and bodies of water, but excluding residential structures, shopping centers, parking lots, or rails used for transit.
112.1.12.5For the purposes of this section, on-site parking may be provided through tandem parking or uncovered parking, but not through on-street parking.
112.1.12.6This section applies only at the request of the applicant and does not prevent an applicant from requesting parking incentives beyond those described here as an additional incentive or concession.
112.1.12.7If a parking study containing the proposed area of development has been prepared within the past seven (7) years, then the County may impose higher vehicular parking ratios than those described in subsections 314-112.1.12.2 and 314-112.1.12.3, but not exceeding the ratios described in subsection 314-112.1.12.1.
112.1.12.8Changes to parking standards pursuant to this section are not to be considered as additional incentives or concessions, nor shall they add additional incentives or concessions to an application’s total, as described by subsection 314-112.1.8.3.
112.1.13 Replacement of Existing Dwelling Units.
112.1.13.1To qualify for any density bonus or additional incentives, the provisions of subsection 314-112.1.13.2 must be met in either of the following circumstances:
112.1.13.1.1The proposed housing development would be located on any property that includes a parcel(s) on which rental dwelling units are located; or
112.1.13.1.2The proposed housing development would be located on any property that includes a parcel(s) on which rental dwelling units have been vacated or demolished in the five (5) year period preceding the application and either:
112.1.13.1.2.1The dwelling units have been subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to households of lower or very low income;
112.1.13.1.2.2The dwelling units have been subject to any form of price control through a public entity’s valid exercise of its police power; or
112.1.13.1.2.3The dwelling units had been occupied by lower or very low income households.
112.1.13.2To qualify for a density bonus or additional incentive, rental dwelling units described by subsection 314-112.1.13.1 are required to be replaced and either of the following must apply:
112.1.13.2.1The proposed housing development, including the units requiring replacement, contains affordable units at the percentages described by subsection 314-112.1.5.1; or
112.1.13.2.2One hundred percent (100%) of the units in the development, excluding a manager’s unit(s), is affordable to and occupied by either a lower or very low income household.
112.1.13.3For a student housing development project that requires replacement units, a density bonus greater than thirty-five percent (35%) shall not be approved.
112.1.13.4Where replacement is required, the proposed housing development shall provide at least the same number of units of equivalent size affordable to and occupied by households in the same or lower income category as the households in occupancy.
112.1.13.4.1If all dwelling units have been vacated or demolished within the five (5) year period preceding the application, then the number of units to be replaced shall be at least the number that had existed at the high point of those units in that five (5) year period. Additionally, “household(s) in occupancy” shall instead refer to the households in occupancy at that high point.
112.1.13.4.2For unoccupied dwelling units in a development with occupied units, “household(s) in occupancy” shall instead refer to the last household in occupancy.
112.1.13.4.3If the income category of the household in occupancy is not known, it shall be presumed that lower and very low income renter households occupied these units in the same proportion of low income and very low income households to all renter households within the County, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.
112.1.13.4.4All replacement calculations resulting in fractional units shall be rounded up to the next whole number.
112.1.13.5If the replacement units will be rental dwelling units, these units shall be subject to subsection 314-112.1.10.2.
112.1.13.6If the proposed development is for for-sale units, the units replaced shall be subject to subsection 314-112.1.11.3.9.
112.1.13.7“Equivalent size” as used in this section means that the replacement units contain at least the same total number of bedrooms as the units to be replaced.
112.1.13.8For any dwelling unit requiring replacement that is, or was within the five (5) year period preceding the application, subject to a form of price control through a public entity’s valid exercise of its police power and is or was occupied by households above lower income, the County has discretion to:
112.1.13.8.1Require the replacement units to be made available at affordable rent for, or housing cost to, and occupied by low income households. If the replacement units will be rental dwelling units, these units shall be subject to subsection 314-112.1.10.2. If the replacement units will be for-sale units, these units shall be subject to subsection 314-112.1.11.3.9.
112.1.13.8.2This subsection may be altered in the event that the County implements a rent control ordinance, in accordance with California Government Code Section 65915(c)(3)(C). (Ord. 2166, § 31, 4/7/1998; Ord. 2472, § 1, 2/14/2012; Ord. 2776, § 2, 11/4/2025) Your Selections
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112.1 RESIDENTIAL DENSITY BONUS AND OTHER DEVELOPER INCENTIVES
112.1.1 Purpose. This Density Bonus Ordinance is intended to provide incentives for the production of affordable housing, senior housing, and the development of childcare facilities. In enacting this chapter, it is the intent of the County of Humboldt to implement the goals, objectives, and policies of the County General Plan and further to implement and be subject to California Government Code Section 65915. In the event that any provision in this chapter conflicts with State law, State law shall supersede that specific conflict.
112.1.2 Definitions. Whenever the following terms are used in the following sections, they shall have the meaning established by this section and as defined in Section C: Index of Definitions of Language and Legal Terms:
112.1.2.1Additional Incentives.
112.1.2.2Affordable Housing/Affordable Housing Unit.
112.1.2.3Affordable Sales Price.
112.1.2.4Affordable Rent.
112.1.2.5Childcare Facility.
112.1.2.6Density Bonus.
112.1.2.7Density Bonus Housing Agreement.
112.1.2.8Density Bonus Unit.
112.1.2.9Equivalent Financial Incentive.
112.1.2.10Housing Cost.
112.1.2.11Housing Development.
112.1.2.12Incentives or Concessions.
112.1.2.13Initial Subsidy.
112.1.2.14Lower Income.
112.1.2.15Lower Income Household.
112.1.2.16Lower Income Student.
112.1.2.17Maximum Residential Density.
112.1.2.18Moderate Income.
112.1.2.19Moderate Income Household.
112.1.2.20Proportionate Share of Appreciation.
112.1.2.21Qualifying Resident.
112.1.2.22Senior Citizen Housing Development.
112.1.2.23Target Unit.
112.1.2.24Very Low Income.
112.1.2.25Very Low Income Household.
112.1.3 Application for Density Bonus and Incentives or Concessions. At the time the applicant of a proposed housing development, seeking a density bonus and concessions or incentives under this chapter, files a formal application for approval of the proposed development with the Planning Division of Humboldt County, the following information shall be submitted with the fees and required application:
112.1.3.1Identification of the location, acreage, and the maximum number of base units allowed under the zoning and the land use designated under the General Plan without the density bonus;
112.1.3.2Identification of the total number of units proposed, specifically identifying the density bonus units and the affordable units which will demonstrate eligibility under this chapter;
112.1.3.3Identification of the requested concessions or incentives or a list of any alternative concessions or incentives which would provide, in the developer’s opinion, an equivalent financial value to the concession or incentive requested. This requirement does not impair the applicant from substituting a new incentive or concession from what is initially proposed, but substitution may cause project delays and require revision of environmental documents and may necessitate additional processing fees as determined by the Planning Director;
112.1.3.4A clear statement of how the requested concessions or incentives result in identifiable, financially sufficient, and actual cost reductions. The information should be sufficiently detailed to enable County staff to examine the conclusions reached by the developer; and
112.1.3.5Other pertinent information, as the Planning Director may require, to enable the County to adequately analyze the identifiable, financially sufficient, and actual cost reductions of the proposed housing development with respect to the requested additional concession or incentive and other concessions or incentives which may be made available.
112.1.4 Processing of Density Bonus Application.
112.1.4.1Once deemed complete, the density bonus application shall be processed and determinations made concurrent with the underlying housing development application.
112.1.4.2An application for a density bonus and additional incentives as allowed pursuant to this chapter shall be processed concurrently with any other application(s) required for the housing development. Final approval or disapproval of the application shall be made by the approval authority/Hearing Officer unless direct financial assistance is requested. If direct financial assistance is requested, the Planning Commission shall make a recommendation to the Board of Supervisors who will have the authority to make the final decision on the application.
112.1.4.3A housing development including at least twenty percent (20%) of total units affordable to very low or low income households or a combination of the two (2), with affordable rents maintained through an agreement with the County of Humboldt or another governmental agency, shall be entitled to priority processing. Priority processing shall mean a timeline for review of the housing development and all associated applications as mutually agreed to by the County and the developer.
112.1.4.4An applicant/developer proposing a housing development pursuant to this chapter may submit a preliminary application prior to the submittal of any formal request for approval of a housing development. Applicants are encouraged to schedule a preapplication conference with the Director or designated staff to discuss and identify potential application issues including prospective additional incentives pursuant to subsection 314-112.1.8.
112.1.4.5The Director or designated staff shall inform the applicant/developer that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives pursuant to subsection 314-112.1.8 shall be recommended for consideration instead of the requested incentives. If alternative or modified incentives are recommended by the Director or designated staff, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.
112.1.4.6 Determination of Eligibility. Once an application for a density bonus and/or additional incentives is deemed complete, the County shall provide the applicant with a determination, in writing:
112.1.4.6.1The determination shall contain the following details, as applicable:
112.1.4.6.1.1The amount of density bonus for which the applicant is eligible.
112.1.4.6.1.2The parking ratio for which the applicant is eligible, if one is requested pursuant to subsection 314-112.1.12.
112.1.4.6.1.3Whether the applicant has provided adequate information to make a determination regarding additional incentives, concessions, waivers, or reductions of development standards, if they are requested by the applicant.
112.1.4.6.2If the project is changed during the course of development, the County will adjust the amount of density bonus and parking ratios awarded in accordance with this section.
112.1.4.7 Application for Density Bonus Housing Agreement. Once the proposed housing development has received its approval for a density bonus, as described above, the developer shall file an application, including the payment of any processing fees with the Planning Division for approval and finalization of the density bonus agreement in compliance with the requirements set forth in subsection 314-112.1.10.
112.1.5 Eligibility Criteria for Density Bonus.
112.1.5.1The County of Humboldt shall consider a density bonus and provide incentives or concessions as described in subsection 314112.1.8 when a developer of a housing development seeks and agrees to construct a housing development that will contain at least one (1) of the following:
112.1.5.1.1At least ten percent (10%) of the total units of a housing development designated as target units affordable to low income households as defined herein;
112.1.5.1.2At least five percent (5%) of the total units of a housing development designated as target units affordable to very low income households as defined herein;
112.1.5.1.3A senior citizen housing development, as defined herein;
112.1.5.1.4At least ten percent (10%) of the total dwelling units are sold to persons and families of moderate income households as defined herein; provided, that all units in the development are offered to the public for purchase;
112.1.5.1.5At least ten percent (10%) of the total units of the housing development designated as target units for transitional foster youth, disabled veterans, or homeless persons, as defined in Section 66025.9 of the California Education Code, Section 18541 of the California Government Code, and Section 11301 et seq. of Title 42 of United States Code, respectively;
112.1.5.1.6For student housing developments, at least twenty percent (20%) of the total units designated as target units affordable to lower income students. For purposes of calculating a density bonus, the term “unit” as used in this subsection means one rental bed and its pro rata share of associated common area facilities. No rental bed reserved for lower income students may be tied to a specific bedroom, nor may a lower income student be prevented from sharing a room with a non-lower income student. The student housing development must also meet all the following requirements:
112.1.5.1.6.1All units in the student housing development are used exclusively for students who are enrolled in at least six (6) units at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges, or students who have been enrolled at such an institution within the past six (6) months. For compliance with this subsection, prior to issuance of a certificate of occupancy, the developer must provide evidence that either of the following has been established:
education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges, or students who have been enrolled at such an institution within the past six (6) months. For compliance with this subsection, prior to issuance of a certificate of occupancy, the developer must provide evidence that either of the following has been established:
112.1.5.1.6.1.1An operating agreement or master lease with the relevant institution(s) of higher education for the institution(s) to occupy all units of the student housing development with students from that institution(s). The operating agreement or the master lease are not violated by circumstances where there are insufficient students enrolled to fill all the units; or
112.1.5.1.6.1.2A system for confirming renter’s status as students is established to ensure that all units of the student housing development are occupied with students of an institution of higher education.
112.1.5.1.6.2The target units in the student housing development shall be used for and occupied by lower income students;
112.1.5.1.6.3The rent for the target unit shall be calculated at thirty percent (30%) of sixty-five percent (65%) of the area median income for single-room occupancy type units;
112.1.5.1.6.4The student housing development shall provide priority for the target units to lower income students experiencing homelessness. Verification of a person’s status as homeless may be provided by the institution of higher education or by a homeless service provider, as defined in Section 103577(e)(3) of California Health and Safety Code; and
112.1.5.1.6.5The eligibility of a student to occupy a unit for lower income students shall be verified by either their enrolled institution of higher education or the California Student Aid Commission with an affidavit, award letter, or letter of eligibility confirming that the student receives or is eligible for financial aid. This may include an institutional grant or fee waiver from the institution, the California Student Aid Commission, or the Federal government. Tracking this eligibility is the responsibility of the development’s operating manager, via the method established for subsection 314-112.1.5.1.6.1.
112.1.5.1.7One hundred percent (100%) of all units in the development, including total units and density bonus units, but excluding a manager’s unit(s), designated as target units affordable to lower income households. However, up to twenty percent (20%) of those target units may instead be designated for moderate income households;
112.1.5.1.8At least fifteen percent (15%) of total units of a conversion from apartments to a condominium designated as target units affordable to lower income households as defined herein. Such a project would qualify for either a density bonus or an additional incentive, but not both. This density bonus shall not be permitted in addition to any other density bonuses or incentives; or
112.1.5.1.9At least thirty-three percent (33%) of total units of a conversion from apartments to a condominium designated as target units affordable to lower income or moderate income households as defined herein. Such a project would qualify for either a density bonus or an additional incentive, but not both. This density bonus shall not be permitted in addition to any other density bonuses or incentives.
112.1.5.2In determining the number of target units to be provided pursuant to this section, the maximum residential density shall be multiplied by the percentage indicated by the applicable subsection of subsection 314-112.1.5.1. The density bonus units shall not be included when determining the total number of target units in the housing development. When calculating the required number of target units, any resulting decimal fraction shall be rounded to the next larger integer.
112.1.5.3Unless otherwise stated, multiple sources of density bonuses or additional incentives shall not benefit one (1) housing development to a greater extent than the highest bonus available from any single source in the proposal or discretionary permit.
112.1.6 Project Specific Density Bonus. The County of Humboldt will allow a density bonus and concessions or incentives for a housing development meeting all the applicable eligibility requirements of this chapter according to the following density bonus options. In the event that the minimum requirements for granting density bonus units or number of applicable concessions or incentives as set forth in California Government Code Section 65915 is amended or modified after the adoption of this chapter by the County, then the lowest minimum requirements shall apply.
112.1.6.1 Density Bonus for Very Low Income Households. If a housing developer elects to construct units for very low income households, the development shall be entitled to the following density bonus calculation:
| Provision of Very Low Income Units | ||
| Percentage of Very Low Income Units Affordable |
Density Bonus Available ***** |
Number of Incentives or Concessions |
| 5% | 20% | 1 |
| 6% | 22.5% | 1 |
| 7% | 25% | 1 |
| 8% | 27.5% | 1 |
| 9% | 30% | 1 |
| 10% | 32.5% | 2 |
| 11% | 35% | 2 |
| 12% | 38.75% | 2 |
| 13% | 42.5% | 2 |
| 14% | 46.25% | 2 |
| 15% | 50% | 3 |
- The allowed increase is the percentage over the total number of units that would be allowed without a density bonus.
112.1.6.2 Density Bonus for Low Income Households. If a housing developer elects to construct units for low income households, the housing development shall be entitled to the following density bonus calculation:
| development shall be entitled to the following density bonus calculation: | development shall be entitled to the following density bonus calculation: | development shall be entitled to the following density bonus calculation: |
|---|---|---|
| Provision of Low Income Units | ||
| Percentage of Low Income Units Affordable |
Density Bonus Available ***** |
Number of Incentives or Concessions |
| 10% | 20% | 1 |
| 11% | 21.5% | 1 |
| 12% | 23% | 1 |
| 13% | 24.5% | 1 |
| 14% | 26% | 1 |
| 15% | 27.5% | 1 |
| 17% | 30.5% | 2 |
| 18% | 32% | 2 |
| 19% | 33.5% | 2 |
| 20% | 35% | 2 |
| 21% | 38.75% | 2 |
| 22% | 42.5% | 2 |
| 23% | 46.25% | 2 |
| --- | --- | --- |
| Provision of Low Income Units | ||
| Percentage of Low Income Units Affordable |
Density Bonus Available ***** |
Number of Incentives or Concessions |
| 24% | 50% | 3 |
*The allowed increase is the percentage over the total number of units that would be allowed without a density bonus.
112.1.6.3 Senior Housing. If a housing developer elects to construct a senior citizen housing development, the density bonus shall be twenty percent (20%) of the total number of allowed housing units without the density bonus.
112.1.6.4 For-Sale Moderate Income Units. If a housing developer elects to construct units for moderate income households and those units are for sale, the development shall be entitled to the following density bonus calculation:
| Moderate Income Units | ||
| Percentage of Moderate Income Units Affordable |
Density Bonus Available ***** |
Number of Incentives or Concessions |
| 10% | 5% | 1 |
| 11% | 6% | 1 |
| 12% | 7% | 1 |
| 13% | 8% | 1 |
| 14% | 9% | 1 |
| 15% | 10% | 1 |
| 16% | 11% | 1 |
| 17% | 12% | 1 |
| 18% | 13% | 1 |
| 19% | 14% | 1 |
| 20% | 15% | 2 |
| 21% | 16% | 2 |
| 22% | 17% | 2 |
| 23% | 18% | 2 |
| 24% | 19% | 2 |
| 25% | 20% | 2 |
| 26% | 21% | 2 |
| 27% | 22% | 2 |
| 28% | 23% | 2 |
| 29% | 24% | 2 |
| 30% | 25% | 3 |
| 31% | 26% | 3 |
| 32% | 27% | 3 |
| 33% | 28% | 3 |
| 34% | 29% | 3 |
| 35% | 30% | 3 |
| --- | --- | --- |
| Moderate Income Units | ||
| Percentage of Moderate Income Units Affordable |
Density Bonus Available ***** |
Number of Incentives or Concessions |
| 36% | 31% | 3 |
| 37% | 32% | 3 |
| 38% | 33% | 3 |
| 39% | 34% | 3 |
| 40% | 35% | 3 |
| 41% | 38.75% | 3 |
| 42% | 42.5% | 3 |
| 43% | 46.25% | 3 |
| 44% | 50% | 3 |
*The allowed increase is the percentage over the total number of units that would be allowed without a density bonus.
112.1.6.5 Density Bonus for Land Donation. When an applicant for a tentative map, parcel map, or other residential development approval donates at least one acre of land or enough land to develop forty (40) units, then the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density for the entire housing development as follows:
LAND DONATION
| percent (15%) increase above the otherwise maximum allowable residential density for the entire housing development | percent (15%) increase above the otherwise maximum allowable residential density for the entire housing development |
|---|---|
| LAND DONATION | |
| Percentage of Very Low Income Units |
Percentage Density Bonus |
| 10% | 15% |
| 11% | 16% |
| 12% | 17% |
| 13% | 18% |
| 14% | 19% |
| 15% | 20% |
| 16% | 21% |
| 17% | 22% |
| 18% | 23% |
| 19% | 24% |
| 20% | 25% |
| 21% | 26% |
| 22% | 27% |
| 23% | 28% |
| 24% | 29% |
| 25% | 30% |
| 26% | 31% |
| 27% | 32% |
| 28% | 33% |
| 29% | 34% |
| --- | --- |
| LAND DONATION | |
| Percentage of Very Low Income Units |
Percentage Density Bonus |
| 30% | 35% |
112.1.6.5.1Nothing in this subsection shall be construed to enlarge or diminish the authority of the County to require a developer to donate land as a condition of development.
112.1.6.5.2The density bonus for land dedication shall be in addition to any density bonus earned pursuant to subsection 314-112.1.6 and up to a maximum combined increase of thirty-five percent (35%).
112.1.6.5.3An applicant with a land donation shall be eligible for the increased density bonus if all of the following conditions are met:
112.1.6.5.3.1The applicant donates and transfers the land to the County no later than the date of approval of the County of the final subdivision map, parcel map, or housing development application for the proposed housing development seeking the density bonus;
112.1.6.5.3.2The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed housing development seeking the density bonus; and
112.1.6.5.3.3The land proposed to be donated to the County:
112.1.6.5.3.3.1Has the appropriate General Plan designation and is appropriately zoned for development at the density described in Section 65583.2(3)(c) of the California Government Code;
112.1.6.5.3.3.2Is or will be served by adequate public facilities and infrastructure;
112.1.6.5.3.3.3Has all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, no later than the date of approval of the final subdivision map, parcel map, or housing development application, with the exception that subsequent design review may be required if a design review permit has not been issued prior to the date of transfer;
112.1.6.5.3.3.4Is transferred to the County or a housing developer approved by the County;
112.1.6.5.3.3.5Shall be within the boundary of the proposed development or within one-quarter (1/4) mile of the boundary of the proposed development;
112.1.6.5.3.3.6Must have a proposed source of funding for the very low income units prior to the approval of the final subdivision map, parcel map or housing development application seeking the density bonus; and
112.1.6.5.3.3.7Must be either at least one acre in size or of sufficient size to permit the development of at least forty (40) units.
112.1.6.5.4The transferred land and the affordable housing units shall be subject to a deed restriction, which shall be recorded on the property upon dedication, ensuring continued affordability of units for at least fifty-five (55) years from the date of occupancy, which shall be consistent with subsections 314-112.1.10 and 314-112.1.11.3.9.
112.1.6.6 Condominium Conversions. If a housing developer elects to provide units of a condominium conversion to low income or moderate income households, in accordance with subsection 314-112.1.5.1.8 or 314-112.1.5.1.9 of Humboldt County Code and Section 65915.5 of the California Government Code, the density bonus shall be an increase in units of twenty-five percent (25%) over the number of apartments, but provided within the existing structure or structures, as an alternative to the incentive authorized by subsection 314-112.1.8.3.10. Condominium conversions do not qualify for the additional density bonuses otherwise authorized by subsections 314-112.1.6.5 and 314-112.1.7 for land donation and childcare facilities.
112.1.6.7 Transitional Foster Youth, Disabled Veterans, and Homeless Persons. If a housing developer elects to construct units for transitional foster youth, disabled veterans, or homeless persons, the density bonus shall be twenty percent (20%) of the number of the type of units that qualified the development for a density bonus.
112.1.6.8 Student Housing for Lower Income Students. If a developer elects to construct units for low income students in a student housing development, the development shall be entitled to the following density bonus calculation:
| Student Housing Low Income Units | ||
| Percentage of Lower Income Units Affordable |
Density Bonus Available ***** |
Number of Incentives or Concessions |
| 20% | 35% | 1 |
| 21% | 38.75% | 1 |
| 22% | 42.5% | 1 |
| 23% | 46.25% | 2 |
| 24% | 50% | 2 |
*The allowed increase is the percentage over the total number of units that would be allowed without a density bonus.
112.1.6.9 One Hundred Percent (100%) Low Income Units. If a housing developer elects to construct units in accordance with subsection 314-112.1.5.1.7, either of the following shall apply:
112.1.6.9.1The density bonus shall be eighty percent (80%) of the number of units for lower income households; or
112.1.6.9.2If the housing development is located within one-half (1/2) mile of a major transit stop, no maximum controls on density shall apply.
112.1.6.10 Additional Density Bonus. When a housing developer elects to construct target units at one (1) of the percentages described in subsection 314-112.1.6.10.1 and construct additional target units in conformance with subsection 314-112.1.6.10.2, the developer shall qualify for one (1) additional density bonus in accordance with the tables in subsection 314-112.1.6.10.2. Restrictions of more than fifty percent (50%) of the total units as target units do not qualify for greater additional density bonuses for this section.
d in subsection 314-112.1.6.10.1 and construct additional target units in conformance with subsection 314-112.1.6.10.2, the developer shall qualify for one (1) additional density bonus in accordance with the tables in subsection 314-112.1.6.10.2. Restrictions of more than fifty percent (50%) of the total units as target units do not qualify for greater additional density bonuses for this section.
112.1.6.10.1To qualify for an additional density bonus per subsection 314-112.1.6.10, the developer shall construct target units meeting one (1) of the following criteria:
112.1.6.10.1.1The developer provides twenty-four percent (24%) of the total units to lower income households, in accordance with the criteria of subsection 314-112.1.5.1.1;
112.1.6.10.1.2The developer provides fifteen percent (15%) of the total units to very low income households, in accordance with the criteria of subsection 314-112.1.5.1.2; or
112.1.6.10.1.3The developer provides forty-four percent (44%) of the total units to moderate income households, in accordance with the criteria of subsection 314-112.1.5.1.4.
112.1.6.10.2When qualified by subsection 314-112.1.6.10.1 and the project adds additional target units in accordance with one (1) of the tables below, then the project qualifies for one (1) additional density bonus in accordance with the corresponding line of the table:
| Additional Density Bonus for Very Low Income Units | |
| Percentage of Very Low Income Units |
Percentage Density Bonus |
| 5% | 20% |
| 6% | 23.75% |
| 7% | 27.5% |
| 8% | 31.25% |
| 9% | 35% |
| 10% | 38.75% |
| Additional Density Bonus for Moderate Income Units | |
| Percentage of Moderate Income Units |
Percentage Density Bonus |
| 5% | 20% |
| 6% | 22.5% |
| --- | --- |
| Additional Density Bonus for Moderate Income Units | |
| Percentage of Moderate Income Units |
Percentage Density Bonus |
| 7% | 25% |
| 8% | 27.5% |
| 9% | 30% |
| 10% | 32.5% |
| 11% | 35% |
| 12% | 38.75% |
| 13% | 42.5% |
| 14% | 46.25% |
| 15% | 50% |
112.1.7 Density Bonus for Development of Childcare Facility.
112.1.7.1A housing development meeting the requirements of subsections 314-112.1.5 and 314-112.1.6 and including a childcare facility that will be located on the premises of, as part of, or adjacent to, such a housing development shall receive either of the following:
112.1.7.1.1An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility; or
112.1.7.1.2An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the childcare facility.
112.1.7.2When a housing development is providing a childcare facility consistent with this chapter, then the conditions of approval shall require that:
112.1.7.2.1The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable; and
112.1.7.2.2Of the children who attend the childcare facility, the children of very low income households, lower income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of affordable units that are required pursuant to subsection 314-112.1.5.
112.1.7.3The County shall not be required to provide a density bonus or incentive or concession for a childcare facility if it makes a written finding, based upon substantial evidence, that the community has adequate childcare facilities.
112.1.8 Available Incentives and Concessions. In addition to the applicable density bonus described above, an applicant may request in writing incentives or concessions in connection with its application for a density bonus in accordance with the density bonus calculation set forth in subsection 314-112.1.6.
112.1.8.1The incentive or concession may include, but is not limited to:
112.1.8.1.1A reduction in the site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code. These may include, but are not limited to, any of the following:
112.1.8.1.1.1Reduced minimum lot sizes and dimensions;
112.1.8.1.1.2Reduced minimum yard setbacks;
112.1.8.1.1.3Increased maximum lot coverage; up to eighty percent (80%) lot coverage is allowed;
112.1.8.1.1.4Increased maximum building height;
112.1.8.1.1.5Reduced minimum building separation requirements;
112.1.8.1.1.6Reduced street standards (e.g., reduced minimum street widths);
112.1.8.1.1.7Reduced solar shading requirements; or
112.1.8.1.1.8Reduced on-site parking standards, including the number or size of spaces.
112.1.8.1.2Other regulatory incentives or concessions proposed by the developer or the County which result in identifiable cost reductions or avoidance;
112.1.8.1.3A density bonus of more than twenty-five percent (25%). Density bonuses of one hundred percent (100%) will be allowed for projects within mapped Housing Opportunity Zones with one hundred percent (100%) of the units affordable to lower income households;
112.1.8.1.4Deferred planning, plan check, construction permit, improvement plan review fees, map check fees, and/or development impact fees for projects with one hundred percent (100%) of the units affordable to lower income households;
112.1.8.1.5Direct financial aid in the form of a loan or a grant to subsidize or provide low interest financing for on- or off-site improvements, land or construction costs for projects with one hundred percent (100%) of the units affordable to lower income households;
112.1.8.1.6Fast-track processing of all permits and requirements for affordable housing projects through the Planning and Building, Environmental Health and Land Use Divisions by dedicated staff on a priority basis ahead of non-density bonus permit applications;
112.1.8.1.7Deferral of subdivision improvement requirements consistent with the protection of public health and safety;
112.1.8.1.8Approval of mixed-use development in conjunction with the proposed housing development if the nonresidential land uses will reduce the cost of the proposed housing development, and the nonresidential land uses are compatible with the proposed housing development, surrounding development, and planned development;
112.1.8.1.9Other regulatory incentives or concessions proposed by the applicant or that the County determines will result in identifiable, financially sufficient, and actual cost reductions.
112.1.8.2The County shall grant incentive(s) or concession(s) requested by the applicant, in accordance with this section, unless the County can make a written finding, based upon the substantial evidence, of any of the following:
112.1.8.2.1The incentive or concession does not result in identifiable and actual cost reductions to affordable housing costs or affordable rents;
112.1.8.2.2The incentive or concession would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety or physical environment or any real property that is listed in the California Register of Historical Resources and for which the County determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households; or
112.1.8.2.3The incentive or concession would be contrary to State or Federal law.
112.1.8.3The applicant shall receive the following number of incentives or concessions:
112.1.8.3.1One (1) incentive or concession for projects that include at least ten percent (10%) of the total units reserved for lower income households, at least five percent (5%) reserved for very low income households, or at least ten percent (10%) reserved for sale to persons and families of moderate income;
112.1.8.3.2Two (2) incentives or concessions for projects that include at least seventeen percent (17%) of the total units reserved for lower income households, at least ten percent (10%) reserved for very low income households, or at least twenty percent (20%) reserved for sale to persons and families of moderate income;
112.1.8.3.3Three (3) incentives or concessions for projects that include at least twenty-four percent (24%) of the total units reserved for lower income households, at least fifteen percent (15%) reserved for very low income households, or at least thirty percent (30%) reserved for sale to persons and families of moderate income;
112.1.8.3.4Four (4) incentives or concessions for projects that include at least sixteen percent (16%) of the total units for very low income households or at least forty-five percent (45%) of the total units reserved for sale to persons and families of moderate income;
112.1.8.3.5Five (5) incentives or concessions for projects in which one hundred percent (100%) of all units in the development, excluding the manager’s unit or units, are reserved for lower income households. However, up to twenty percent (20%) of all the units may instead be reserved for moderate income households;
112.1.8.3.5.1If a project qualifies for these incentives and is located within one-half (1/2) mile of a major transit stop, then the applicant shall also be entitled to a height increase of up to three (3) additional stories, or thirty-three (33) feet.
112.1.8.3.6One (1) incentive or concession for student housing development projects that include at least twenty percent (20%) of the total units reserved for lower income students;
112.1.8.3.7Two (2) incentives or concessions for student housing development projects that include at least twenty-three percent (23%) of the total units reserved for lower income students;
112.1.8.3.8The County may grant multiple additional incentives to facilitate the inclusion of more target units than are required by this section;
- 112.1.8.3.9When qualified by and elected for in subsection 314 112.1.7.1.2, one (1) incentive or concession in addition to the incentives authorized by subsections 314-112.1.8.3.1 through 314-112.1.8.3.8, if applicable; or
112.1.8.3.10One (1) incentive or concession for conversion of apartments to a condominium that would include at least thirty-three percent (33%) of the total units of the proposed condominium project to lower and moderate income households, as an alternative to density bonus authorized by subsection 314-112.1.6.6. This incentive shall not be permitted in addition to any other incentives or density bonuses.
112.1.9 General Provisions for Density Bonuses and Incentives/Concessions.
112.1.9.1All density bonus calculations resulting in fractional units shall be rounded up to the next whole number.
112.1.9.2The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
112.1.9.3(Section Reserved for Future Use)
112.1.9.4If a County development standard would effectively physically preclude the construction of a development with the densities or additional incentives described in this Section 314-112, that otherwise would meet the criteria of subsection 314-112.1.5.1, then an applicant may seek a waiver or reduction of those specific standards (hereafter referred to only as “waiver”) from the County.
112.1.9.4.1This waiver shall be granted unless the County makes a written finding based on substantial evidence of any of the following:
112.1.9.4.1.1That the development standard does not physically preclude the development’s construction otherwise permitted by this section;
112.1.9.4.1.2That the waiver would result in a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health or safety and for which the County determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
112.1.9.4.1.3That the waiver would be contrary to State or Federal law; or
112.1.9.4.1.4That the waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
112.1.9.4.2When this waiver is granted, the waiver shall not be treated as an additional incentive and does not grant additional incentives.
112.1.9.4.3This waiver shall not apply to developers that receive the waiver from maximum controls on density associated with projects that provide one hundred percent (100%) low income units within one-half (1/2) mile of a major transit stop, as described by subsection 314-112.1.6.9.2. However, the County has discretion to authorize both waivers.
112.1.9.5 Location of Affordable Units. The location of the affordable units within the housing development may be at the discretion of the developer. However, the affordable units shall:
112.1.9.5.1Be constructed at the same time as the market units are constructed;
112.1.9.5.2Be reasonably dispersed throughout the development and/or phases if applicable;
112.1.9.5.3Be a similar unit type/size to the overall housing development; and
112.1.9.5.4Be reasonably compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish.
112.1.9.6All sites associated with the housing development shall be contiguous and shall be the subject of one (1) development application.
112.1.9.7For the purposes of these sections, “located within one-half (1/2) mile of a major transit stop” shall mean that any point on a proposed development is within one-half (1/2) mile of any point on a property on which a major transit stop is located, as defined in Section 21155(b) of the California Government Code, including any parking lot owned by the transit authority or other local agency operating the major transit stop.
112.1.10 Required Terms for the Continued Availability of Affordable Units. Affordability restrictions apply to target units in the following cases (however, when also required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, the longest period of time applies):
112.1.10.1When established to qualify for a density bonus and designated for rental to very low and low income households, target units shall remain restricted and affordable to the designated group for a period of fifty-five (55) years (or a longer period of time if required
by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program).
112.1.10.2When existing, vacated, or demolished rental units are required to be replaced in accordance with subsection 314-112.1.13 and identify this subsection as applicable, the replacement units shall remain restricted and affordable to households of the same or lower income category as those households in the former units for a period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program).
12.1.13 and identify this subsection as applicable, the replacement units shall remain restricted and affordable to households of the same or lower income category as those households in the former units for a period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program).
112.1.10.3When established to qualify for a density bonus and designated for transitional foster youth, disabled veterans, or homeless persons, target units shall remain restricted and affordable to the designated group for a period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing program, mortgage insurance program, or rental subsidy program). Affordability to these designated groups shall be at the same level as very low income households.
112.1.10.4In a student housing development, when established to qualify for a density bonus and designated for lower income students, target units shall remain restricted and affordable to the designated group for a period of fifty-five (55) years (or a longer period of time if required by the construction or mortgage financing program, mortgage insurance program, or rental subsidy program).
112.1.10.4.1Target units subject to this subsection refer to one rental bed and its pro rata share of the associated common area facilities. The affordability restriction shall not tie these target units to any specific bedrooms within the student housing development, nor shall it prevent a lower income student from sharing a room with a non-lower income student.
112.1.11 Density Bonus Housing Agreement.
112.1.11.1Applicants/developers requesting a density bonus shall agree to enter into a density bonus housing agreement with the County. The terms of the draft agreement shall be reviewed and revised as appropriate by the Director or designated staff, who shall formulate a recommendation to the approval authority/Hearing Officer for final approval.
112.1.11.2Following execution of the agreement by all parties, the completed density bonus housing agreement, or other equivalent recording instrument, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of target units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The density bonus housing agreement shall be binding to all future owners and successors in interest.
112.1.11.3The density bonus housing agreement shall include at least the following:
112.1.11.3.1The total number of units approved for the housing development, including the number of target units;
112.1.11.3.2A description of the household income group to be accommodated by the housing development, as outlined in subsection 314-112.1.3, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;
112.1.11.3.3The location, unit sizes (square feet) and number of bedrooms of target units. Location of target units shall not be included for lower income units in student housing developments;
112.1.11.3.4Tenure of use restrictions for target units of at least fifty-five (55) years, in accordance with subsection 314-112.1.10;
112.1.11.3.5A schedule for completion and occupancy of target units;
112.1.11.3.6A description of the additional incentive(s) or equivalent financial incentives being provided by the County;
112.1.11.3.7A description of remedies for breach of the agreement by either party (the County may identify tenants or qualified purchasers as third party beneficiaries under the agreement);
112.1.11.3.8Other provisions to ensure implementation and compliance with this chapter;
112.1.11.3.9In the case of for-sale housing developments, the density bonus housing agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:
112.1.11.3.9.1Target units shall, upon initial sale, be sold to eligible households meeting the description of the household income group described per subsection 314-112.1.11.3.2 at an affordable sales price and housing cost;
112.1.11.3.9.2Target units shall be initially owner-occupied by eligible households meeting the description of the household income group described per subsection 314-112.1.11.3.2;
112.1.11.3.9.3The initial purchaser of each target unit shall execute an instrument or agreement approved by the County restricting the sale of the target units in accordance with this section during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain such provisions as the County may require to ensure continued compliance with this chapter and the State Density Bonus Law;
112.1.11.3.9.4If a target unit is not purchased by a household meeting the description of the household income group described per subsection 314-112.1.11.3.2 within one hundred eighty (180) days after the issuance of the certificate of occupancy, the unit must be purchased by a qualified nonprofit housing corporation meeting all of the following requirements:
112.1.11.3.9.4.1The nonprofit corporation has a determination letter from the California Internal Revenue Service (IRS) affirming its tax-exempt status and is not a private foundation, in accordance with Sections 501(c)(3) and 509 of the Internal Revenue Code, respectively;
112.1.11.3.9.4.2The nonprofit corporation is based in California;
112.1.11.3.9.4.3All board members of the nonprofit corporation have their primary residence in California;
112.1.11.3.9.4.4The primary activity of the nonprofit corporation is the development and preservation of home ownership of affordable housing in California. The corporation should incorporate within their contracts for initial purchase of property either a repurchase option requiring subsequent purchasers to first offer the qualified nonprofit corporation the right to repurchase the property before selling or conveying the property to any other purchaser, pursuant to an equity sharing agreement, or affordability restrictions on the sale and conveyance of the property that ensure the property is preserved for at least forty-five (45) years for lower income housing as owner-occupied housing and will be sold or resold only to persons or households of very low, low, or moderate income, in accordance with the designated groups of the target unit(s); and
112.1.11.3.9.4.5In accordance with the definition of “qualified nonprofit housing corporation” per California Government Code Section 65915(c)(2)(B), the nonprofit shall be organized pursuant to Section 501(c)(3) of the Revenue and Taxation Code and shall have received a welfare exemption for the relevant properties under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low income families who participate in a special no-interest loan program.
112.1.11.3.9.5The target unit shall be subject to an equity sharing agreement, except as otherwise specified in subsection 314112.1.11.3.9.4.4. Equity sharing agreements are enforced by the County, except when in conflict with requirements of another public funding source or law or are otherwise written such that they defer to recapture provisions of the other public funding source. The following provisions apply to equity sharing agreements:
112.1.11.3.9.5.1Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation.
112.1.11.3.9.5.2The County shall recapture any initial subsidies as defined in subsection 314-112.1.11.3.9.5.3 and their proportionate share of appreciation as defined in subsection 314-112.1.11.3.9.5.4. The proportionate share of appreciation shall be budgeted to only be utilized for any of the homeownership promoting purposes described in Section 33334.2(e) of California Health and Safety Code and shall be utilized within five (5) years. Alternatively, a qualified nonprofit housing corporation may recapture these funds in accordance with subsection 314-112.1.11.3.9.5.5.
112.1.11.3.9.5.3As used in this subsection, initial subsidies are calculated as the fair market value of the residence at the time of the initial sale, minus the initial sale price to the designated household, plus the amount of any downpayment assistance or mortgage assistance. In cases where the residence’s market value is lower on resale than the market value on initial purchase, the value at the time of resale shall instead be used as the initial market value.
culated as the fair market value of the residence at the time of the initial sale, minus the initial sale price to the designated household, plus the amount of any downpayment assistance or mortgage assistance. In cases where the residence’s market value is lower on resale than the market value on initial purchase, the value at the time of resale shall instead be used as the initial market value.
112.1.11.3.9.5.4As used in this subsection, the County’s proportionate share of appreciation shall be equal to the ratio between the County’s initial subsidy and the fair market value of the residence at the time of initial sale.
112.1.11.3.9.5.5If the unit is purchased or developed by a qualified nonprofit housing corporation in accordance with subsection 314112.1.11.3.9.4, the County may contract with the corporation such that the nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation and the nonprofit housing corporation is required to utilize one hundred percent (100%) of those proceeds to promote homeownership for lower income households.
112.1.11.3.10In the case of rental housing developments, the density bonus housing agreement shall provide for the following conditions governing the use of target units during the use restriction period:
112.1.11.3.10.1The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining target units for qualified tenants;
112.1.11.3.10.2Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter; and
112.1.11.3.10.3Provisions requiring owners to submit an annual report to the County, which includes the address and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.
112.1.11.4The Planning Director is hereby expressly authorized to act as the County’s agent to enter into the density bonus housing agreement for the purpose of enforcing the terms of the agreement consistent with this chapter.
112.1.12 Parking Standards for Density Bonus-Qualified Developments.
112.1.12.1Upon request by the applicant, the County shall not require the proposed housing development eligible for a density bonus pursuant to this chapter to provide a parking ratio, including handicapped and guest parking, that exceeds the following:
112.1.12.1.1Zero (0) to one (1) bedrooms: one (1) on-site parking space;
112.1.12.1.2Two (2) to three (3) bedrooms: two (2) on-site parking spaces;
112.1.12.1.3Four (4) and more bedrooms: two and one-half (2 1/2) parking spaces; or
112.1.12.1.4One (1) bedspace in a student housing development: zero (0) on-site parking spaces.
If the total number of parking spaces required for the proposed housing development is other than a whole number, the number shall be rounded up to the next whole number.
112.1.12.2Upon request by the applicant, the County shall not require the proposed housing development eligible for a density bonus pursuant to this chapter to provide a parking ratio, including handicapped and guest parking, which exceeds one-half (1/2) spaces per unit; provided, that the following conditions are met:
112.1.12.2.1Either of the following regarding percentage of target units:
112.1.12.2.1.1At least twenty percent (20%) of the total units of the housing development are target units affordable to low income households; or
112.1.12.2.1.2At least eleven percent (11%) of the total units of the housing development are target units affordable to very low income households.
112.1.12.2.2The housing development is located within one-half (1/2) mile of a major transit stop; and
112.1.12.2.3There is unobstructed access to the major transit stop from the housing development.
112.1.12.3Upon request by the applicant, the County shall not impose parking standards on a proposed housing development that meets the conditions of subsection 314-112.1.5.1.7; provided, that any of the following conditions are met:
112.1.12.3.1The housing development is located within one-half (1/2) mile of a major transit stop and there is unobstructed access to the major transit stop from the housing development;
112.1.12.3.2The housing development is a for-rent development for individuals who are fifty-five (55) years of age or older, complies with Sections 51.2 and 51.3 of California Civil Code, and has either paratransit service or has unobstructed access to, within one-half (1/2) mile, a fixed bus route service that operates at least eight (8) times per day; or
112.1.12.3.3The housing development is either a special needs housing development or a supportive housing development, as defined in Sections 51312 and 50675 of California Government Code, respectively. To meet this condition, a special needs housing development requires either paratransit service or unobstructed access to, within one-half (1/2) mile, a fixed bus route service that operates at least eight (8) times per day.
112.1.12.4Unobstructed access means that a resident is able to traverse between the locations without encountering natural or constructed impediments, such as freeways, rivers, mountains, and bodies of water, but excluding residential structures, shopping centers, parking lots, or rails used for transit.
112.1.12.5For the purposes of this section, on-site parking may be provided through tandem parking or uncovered parking, but not through on-street parking.
112.1.12.6This section applies only at the request of the applicant and does not prevent an applicant from requesting parking incentives beyond those described here as an additional incentive or concession.
112.1.12.7If a parking study containing the proposed area of development has been prepared within the past seven (7) years, then the County may impose higher vehicular parking ratios than those described in subsections 314-112.1.12.2 and 314-112.1.12.3, but not exceeding the ratios described in subsection 314-112.1.12.1.
112.1.12.8Changes to parking standards pursuant to this section are not to be considered as additional incentives or concessions, nor shall they add additional incentives or concessions to an application’s total, as described by subsection 314-112.1.8.3.
112.1.13 Replacement of Existing Dwelling Units.
112.1.13.1To qualify for any density bonus or additional incentives, the provisions of subsection 314-112.1.13.2 must be met in either of the following circumstances:
112.1.13.1.1The proposed housing development would be located on any property that includes a parcel(s) on which rental dwelling units are located; or
112.1.13.1.2The proposed housing development would be located on any property that includes a parcel(s) on which rental dwelling units have been vacated or demolished in the five (5) year period preceding the application and either:
112.1.13.1.2.1The dwelling units have been subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to households of lower or very low income;
112.1.13.1.2.2The dwelling units have been subject to any form of price control through a public entity’s valid exercise of its police power; or
112.1.13.1.2.3The dwelling units had been occupied by lower or very low income households.
112.1.13.2To qualify for a density bonus or additional incentive, rental dwelling units described by subsection 314-112.1.13.1 are required to be replaced and either of the following must apply:
112.1.13.2.1The proposed housing development, including the units requiring replacement, contains affordable units at the percentages described by subsection 314-112.1.5.1; or
112.1.13.2.2One hundred percent (100%) of the units in the development, excluding a manager’s unit(s), is affordable to and occupied by either a lower or very low income household.
112.1.13.3For a student housing development project that requires replacement units, a density bonus greater than thirty-five percent (35%) shall not be approved.
112.1.13.4Where replacement is required, the proposed housing development shall provide at least the same number of units of equivalent size affordable to and occupied by households in the same or lower income category as the households in occupancy.
112.1.13.4.1If all dwelling units have been vacated or demolished within the five (5) year period preceding the application, then the number of units to be replaced shall be at least the number that had existed at the high point of those units in that five (5) year period. Additionally, “household(s) in occupancy” shall instead refer to the households in occupancy at that high point.
112.1.13.4.2For unoccupied dwelling units in a development with occupied units, “household(s) in occupancy” shall instead refer to the last household in occupancy.
112.1.13.4.3If the income category of the household in occupancy is not known, it shall be presumed that lower and very low income renter households occupied these units in the same proportion of low income and very low income households to all renter households within the County, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.
112.1.13.4.4All replacement calculations resulting in fractional units shall be rounded up to the next whole number.
112.1.13.5If the replacement units will be rental dwelling units, these units shall be subject to subsection 314-112.1.10.2.
112.1.13.6If the proposed development is for for-sale units, the units replaced shall be subject to subsection 314-112.1.11.3.9.
112.1.13.7“Equivalent size” as used in this section means that the replacement units contain at least the same total number of bedrooms as the units to be replaced.
112.1.13.8For any dwelling unit requiring replacement that is, or was within the five (5) year period preceding the application, subject to a form of price control through a public entity’s valid exercise of its police power and is or was occupied by households above lower income, the County has discretion to:
112.1.13.8.1Require the replacement units to be made available at affordable rent for, or housing cost to, and occupied by low income households. If the replacement units will be rental dwelling units, these units shall be subject to subsection 314-112.1.10.2. If the replacement units will be for-sale units, these units shall be subject to subsection 314-112.1.11.3.9.
112.1.13.8.2This subsection may be altered in the event that the County implements a rent control ordinance, in accordance with California Government Code Section 65915(c)(3)(C). (Ord. 2166, § 31, 4/7/1998; Ord. 2472, § 1, 2/14/2012; Ord. 2776, § 2, 11/4/2025) Your Selections
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113.1 SPECIAL OCCUPANCY PARKS
113.1.1 Purpose. The purpose of these regulations is to ensure that special occupancy parks meet minimum standards of habitability and do not adversely impact surrounding property. (Former Section INL#316-18.1(a); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.1.1Recreational vehicles shall be used as residences only in manufactured home parks and special occupancy parks subject to the applicable provisions of the Health and Safety Code of the State of California or in any public camping area. (Former Section INL#31618.1(a); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.1.2Manufactured homes may be located and used outside of manufactured home parks in certain zoning districts where such use is specifically authorized. (Former Section INL#316-18.1(a); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.2 Applicability. These regulations shall apply to special occupancy parks located outside of manufactured home parks. Nothing herein contained shall be deemed to relieve the owner or operator of a recreational vehicle park of the duty of complying with all applicable State and local laws and regulations. (Former Section INL#316-18.1(b); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3 Development Standards.
113.1.3.1 Location. Special occupancy parks shall be established for the convenience of the traveling public. (Former Section INL#31618.1(c)(1); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.2 Minimum Site Area. Special occupancy parks shall be located on a parcel of land not less one (1) acre in area. (Former Section INL#316-18.1(c)(2); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.3 Density of Occupation. Occupancy of campground spaces within special occupancy parks is limited to one (1) recreational vehicle or two (2) tents per each campground space. (Former Section INL#316-18.1(c)(3); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.4 Fences and Walls. Each special occupancy park shall be entirely enclosed at its exterior boundaries by appropriate decorative screening or landscaping material; provided, however, that said screen when located within a front yard shall be constructed at or behind the required setback. (Former Section INL#316-18.1(c)(4); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.5 Required Setbacks. The setbacks prescribed by the applicable zone shall apply to special occupancy parks. (Former Section INL#316-18.1(c)(5); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.6 Minimum Campground Space Dimensions. Each campground space within a special occupancy park shall be not less than 1,000 square feet in area, except that thirty percent (30%) of said spaces may be not less than 650 square feet in area for the accommodation of tents and small camping units only.(Former Section INL#316-18.1(c)(6); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.7 Minimum Campground Space Setbacks and Campground Space Density.
113.1.3.7.1Each recreational vehicle or tent occupying a campground space and all accessory buildings shall maintain a six (6) foot setback from any building, recreational vehicle or tent pursuant to regulations contained in Title 25 of the California Code of Regulations. (Former Section INL#316-18.1(c)(7)(a); Added by Ord. 2166, Sec. 23, 4/7/98)
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
113.1.3.7.2No recreational vehicle or tent shall be permitted to locate less than fifteen (15) feet from any abutting property. (Former Section INL#316-18.1(c)(7) (b); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.7.3No recreational vehicle or tent shall be permitted to locate less than twenty-five (25) feet from any prime arterial or collector road, and not less than fifteen (15) feet from any street right-of-way. (Former Section INL#316-18.1(c)(7)(c); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.7.4Campground space density shall not exceed twelve (12) units per acre. (Former Section INL#316-18.1(c)(7) (d); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.8 Landscaping. All setbacks from streets and other areas in a special occupancy park not used for driveways, parking, buildings and service areas shall be landscaped in accordance with the conditions of the Use Permit. Walls, earthen berms, and landscaped buffer strips shall be used wherever possible to minimize noise from freeway sources. (Former Section INL#316-18.1(c)(8); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.9 Interior Roadways. Private streets within special occupancy parks shall have the following minimum clearance widths: (Former Section INL#316-18.1(c)(9)(a-e); Added by Ord. 2166, Sec. 23, 4/7/98)
TABLE: SPECIAL OCCUPANCY PARKS INTERIOR ROADWAY CLEARANCE
| TABLE: SPECIAL OCCUPANCY PARKS INTERIOR ROADWAY CLEARANCE |
TABLE: SPECIAL OCCUPANCY PARKS INTERIOR ROADWAY CLEARANCE |
|---|---|
| STREET/AVAILABLE PARKING | CLEARANCE WIDTH |
| One-waywith no sideparking | 15feet |
| One-way with parking permitted on one side |
22 feet |
| Two-way with no parking on either side |
20 feet |
| Two-way with parking permitted on one side |
27 feet |
| Two-way with parking permitted on both sides |
34 feet |
113.1.3.10 Roadway Space. Adequate roadway space for turn-arounds shall be provided. (Former Section INL#316-18.1(c)(10); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.11 Off-Street Parking. Parking space in a special occupancy park shall be provided as follows:
113.1.3.11.1One (1) parking space for each recreational vehicle. (Former Section INL#316-18.1(c)(11)(a); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.11.2One (1) parking space for each full-time employee. (Former Section INL#316-18.1(c)(11)(b); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.11.3For the purpose of registration, spaces for temporary parking in proximity to the park office shall be provided in the following ratio: (Former Section INL#316-18.1(c)(11)(c); Added by Ord. 2166, Sec. 23, 4/7/98)
| 0 - 200 occupant spaces | 6 spaces |
|---|---|
| 201 -300 occupant spaces | 8 spaces |
| 301 - or more occupant spaces | 10 spaces |
113.1.3.12 Location Map. Each campground space in a special occupancy park shall be clearly identified and a map showing the location of each space shall be provided at the park office. (Former Section INL#316-18.1(c)(12); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.13 Trash Collection. Common storage enclosures for garbage and trash shall be provided. Such enclosures shall be of sturdy construction and designed to screen trash and garbage receptacles from public view. (Former Section INL#316-18.1(c)(13); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.14 Lighting. Adequate artificial lighting shall be provided for all walkways, streets, parking areas, sanitary facilities, storage areas, and recreational facilities. No lighting shall be constructed or positioned so as to cause direct or undesirable illumination of adjacent property or campground spaces within the park. (Former Section INL#316-18.1(c)(14); Added by Ord. 2166, Sec. 23, 4/7/98)
.3.14 Lighting. Adequate artificial lighting shall be provided for all walkways, streets, parking areas, sanitary facilities, storage areas, and recreational facilities. No lighting shall be constructed or positioned so as to cause direct or undesirable illumination of adjacent property or campground spaces within the park. (Former Section INL#316-18.1(c)(14); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.15 Sanitary Facilities. Sanitary facilities for a special occupancy park facility shall be in accordance with the regulations of Title 25 of the California Code of Regulations and shall include: (Former Section INL#316-18.1(c)(15); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.15.1The availability of a potable water supply from a public utility or a distributor holding a valid permit from the state. Water supplies from other sources shall be approved by the Humboldt County Department of Health; (Former Section INL#316-18.1(c) (15) (a); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.15.2Wastewater disposal facilities provided by a public agency which has met the requirements of the Regional Water Quality Control Board. Alternative or individual disposal systems shall be approved by the County Health Department; (Former Section INL#316-18.1(c)(15)(b); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.15.3A recreational vehicle sanitation station designed and constructed in accordance with the regulations of Title 25, and approved by the County Health Department where on-site sanitation is proposed; (Former Section INL#316-18.1(c)(15)(c); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.15.4Toilets, showers and lavatories for the exclusive use of the occupants of the special occupancy park shall be provided as required by Health and Safety Code Section 1864(b); (Former Section INL#316-18.1(c)(15)(d); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.15.5Laundry facilities in accordance with the requirements of Health and Safety Code. (Former Section INL#316-18.1(c)(15)(e); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.16 Storage Facilities. Storage facilities may be provided for the storage of vehicles belonging to park occupants. Storage areas shall be paved or graveled and enclosed by a solid wall or fence not less than six (6) feet in height. (Former Section INL#316-18.1(c) (16); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.4 Accessory Buildings. A special occupancy park may include the following accessory buildings provided such uses are designed to be clearly accessory to the special occupancy park and intended for the convenience of the occupants and their guests: (Former Section INL#316-18.1(D); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.4.1 Assembly and Recreation. A building or buildings designed for indoor assembly or recreation. (Former Section INL#31618.1(D)(1); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.4.2 Commercial Services. Commercial structures and uses such as general store, restaurant, lunch counter, or snack bar. (Former Section INL#316-18.1(D)(2); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.4.3 Personal Services. Service buildings and facilities incidental to and customarily accessory to permitted uses, including sauna baths and swimming pools. (Former Section INL#316-18.1(D)(3); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.4.4 Caretaker’s Residence. (Former Section INL#316-18.1(D)(4); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.5 Limitations. No person or group of persons other than the owner or operator thereof shall occupy any of the campground spaces in a special occupancy park for permanent family or group residential use. Length of occupancy of all other campground spaces shall be regulated as follows: (Former Section INL#316-18.1(E); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.5.1Persons occupying spaces with total hook-up capacity, including sewer, water and electricity, shall not occupy any campground space in a special occupancy park for a period exceeding four (4) months in any twelve (12) month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed four (4) months in any twelve (12) month period. (Former Section INL#316-18.1(E)(1); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.5.2Persons occupying tents or vehicles with less than total hook-up capacity shall not occupy any campground space in a special occupancy park for a period exceeding thirty (30) days in any twelve month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed a total of thirty (30) days in any twelve (12) month period. (Former Section INL#316-18.1(E)(2); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.6 Modification of Development Criteria.
113.1.6.1Modification of the development standards 113.1.1 through 113.1.4 of this Section may be allowed with a Special Permit, upon making the supplemental findings that 1) the development will conform to the development standards as closely as possible, 2) the development will be consistent with all applicable State and local health and safety standards, and 3) granting the exception will not be detrimental to the public welfare. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.6.2Modification of the development standard 113.1.5 of this Section may also be allowed with a Special Permit, provided the following supplemental findings are made: 1) the development will be compatible with surrounding land uses, and 2) the development meets minimum State standards for habitability. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.6.3To ensure the park is compatible with surrounding property uses, the Hearing Officer may limit the term of the permit to a specified time period, and may require that the caretaker of the park has specific plans and sufficient experience with anticipated users to effectively engage the cooperation of the users to maintain the park in a clean, safe and sanitary condition. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98)
nding property uses, the Hearing Officer may limit the term of the permit to a specified time period, and may require that the caretaker of the park has specific plans and sufficient experience with anticipated users to effectively engage the cooperation of the users to maintain the park in a clean, safe and sanitary condition. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.6.4The Hearing Officer may also require the caretaker 1) demonstrate the ability to implement a plan for responding to the ongoing concerns of the neighbors, such as regularly scheduled meetings and 24 hour crisis response capacity, and 2) agree to mediation by a disinterested party agreeable to all parties, where conflicts with neighbors persist. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98) Your Selections
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113.1 SPECIAL OCCUPANCY PARKS
113.1.1 Purpose. The purpose of these regulations is to ensure that special occupancy parks meet minimum standards of habitability and do not adversely impact surrounding property. (Former Section INL#316-18.1(a); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.1.1Recreational vehicles shall be used as residences only in manufactured home parks and special occupancy parks subject to the applicable provisions of the Health and Safety Code of the State of California or in any public camping area. (Former Section INL#31618.1(a); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.1.2Manufactured homes may be located and used outside of manufactured home parks in certain zoning districts where such use is specifically authorized. (Former Section INL#316-18.1(a); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.2 Applicability. These regulations shall apply to special occupancy parks located outside of manufactured home parks. Nothing herein contained shall be deemed to relieve the owner or operator of a recreational vehicle park of the duty of complying with all applicable State and local laws and regulations. (Former Section INL#316-18.1(b); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3 Development Standards.
113.1.3.1 Location. Special occupancy parks shall be established for the convenience of the traveling public. (Former Section INL#31618.1(c)(1); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.2 Minimum Site Area. Special occupancy parks shall be located on a parcel of land not less one (1) acre in area. (Former Section INL#316-18.1(c)(2); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.3 Density of Occupation. Occupancy of campground spaces within special occupancy parks is limited to one (1) recreational vehicle or two (2) tents per each campground space. (Former Section INL#316-18.1(c)(3); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.4 Fences and Walls. Each special occupancy park shall be entirely enclosed at its exterior boundaries by appropriate decorative screening or landscaping material; provided, however, that said screen when located within a front yard shall be constructed at or behind the required setback. (Former Section INL#316-18.1(c)(4); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.5 Required Setbacks. The setbacks prescribed by the applicable zone shall apply to special occupancy parks. (Former Section INL#316-18.1(c)(5); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.6 Minimum Campground Space Dimensions. Each campground space within a special occupancy park shall be not less than 1,000 square feet in area, except that thirty percent (30%) of said spaces may be not less than 650 square feet in area for the accommodation of tents and small camping units only.(Former Section INL#316-18.1(c)(6); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.7 Minimum Campground Space Setbacks and Campground Space Density.
113.1.3.7.1Each recreational vehicle or tent occupying a campground space and all accessory buildings shall maintain a six (6) foot setback from any building, recreational vehicle or tent pursuant to regulations contained in Title 25 of the California Code of Regulations. (Former Section INL#316-18.1(c)(7)(a); Added by Ord. 2166, Sec. 23, 4/7/98)
- Note: Setbacks may be modified by other provisions of this Code or State law. For example, see Section 314-22.1: “Alquist-Priolo Fault Hazard” and the “Fire Safe” Regulations at Title III, Division 11.
113.1.3.7.2No recreational vehicle or tent shall be permitted to locate less than fifteen (15) feet from any abutting property. (Former Section INL#316-18.1(c)(7) (b); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.7.3No recreational vehicle or tent shall be permitted to locate less than twenty-five (25) feet from any prime arterial or collector road, and not less than fifteen (15) feet from any street right-of-way. (Former Section INL#316-18.1(c)(7)(c); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.7.4Campground space density shall not exceed twelve (12) units per acre. (Former Section INL#316-18.1(c)(7) (d); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.8 Landscaping. All setbacks from streets and other areas in a special occupancy park not used for driveways, parking, buildings and service areas shall be landscaped in accordance with the conditions of the Use Permit. Walls, earthen berms, and landscaped buffer strips shall be used wherever possible to minimize noise from freeway sources. (Former Section INL#316-18.1(c)(8); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.9 Interior Roadways. Private streets within special occupancy parks shall have the following minimum clearance widths: (Former Section INL#316-18.1(c)(9)(a-e); Added by Ord. 2166, Sec. 23, 4/7/98)
TABLE: SPECIAL OCCUPANCY PARKS INTERIOR ROADWAY CLEARANCE
| TABLE: SPECIAL OCCUPANCY PARKS INTERIOR ROADWAY CLEARANCE |
TABLE: SPECIAL OCCUPANCY PARKS INTERIOR ROADWAY CLEARANCE |
|---|---|
| STREET/AVAILABLE PARKING | CLEARANCE WIDTH |
| One-waywith no sideparking | 15feet |
| One-way with parking permitted on one side |
22 feet |
| Two-way with no parking on either side |
20 feet |
| Two-way with parking permitted on one side |
27 feet |
| Two-way with parking permitted on both sides |
34 feet |
113.1.3.10 Roadway Space. Adequate roadway space for turn-arounds shall be provided. (Former Section INL#316-18.1(c)(10); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.11 Off-Street Parking. Parking space in a special occupancy park shall be provided as follows:
113.1.3.11.1One (1) parking space for each recreational vehicle. (Former Section INL#316-18.1(c)(11)(a); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.11.2One (1) parking space for each full-time employee. (Former Section INL#316-18.1(c)(11)(b); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.11.3For the purpose of registration, spaces for temporary parking in proximity to the park office shall be provided in the following ratio: (Former Section INL#316-18.1(c)(11)(c); Added by Ord. 2166, Sec. 23, 4/7/98)
| 0 - 200 occupant spaces | 6 spaces |
|---|---|
| 201 -300 occupant spaces | 8 spaces |
| 301 - or more occupant spaces | 10 spaces |
113.1.3.12 Location Map. Each campground space in a special occupancy park shall be clearly identified and a map showing the location of each space shall be provided at the park office. (Former Section INL#316-18.1(c)(12); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.13 Trash Collection. Common storage enclosures for garbage and trash shall be provided. Such enclosures shall be of sturdy construction and designed to screen trash and garbage receptacles from public view. (Former Section INL#316-18.1(c)(13); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.14 Lighting. Adequate artificial lighting shall be provided for all walkways, streets, parking areas, sanitary facilities, storage areas, and recreational facilities. No lighting shall be constructed or positioned so as to cause direct or undesirable illumination of adjacent property or campground spaces within the park. (Former Section INL#316-18.1(c)(14); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.15 Sanitary Facilities. Sanitary facilities for a special occupancy park facility shall be in accordance with the regulations of Title 25 of the California Code of Regulations and shall include: (Former Section INL#316-18.1(c)(15); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.15.1The availability of a potable water supply from a public utility or a distributor holding a valid permit from the state. Water supplies from other sources shall be approved by the Humboldt County Department of Health; (Former Section INL#316-18.1(c) (15) (a); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.15.2Wastewater disposal facilities provided by a public agency which has met the requirements of the Regional Water Quality Control Board. Alternative or individual disposal systems shall be approved by the County Health Department; (Former Section INL#316-18.1(c)(15)(b); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.15.3A recreational vehicle sanitation station designed and constructed in accordance with the regulations of Title 25, and approved by the County Health Department where on-site sanitation is proposed; (Former Section INL#316-18.1(c)(15)(c); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.15.4Toilets, showers and lavatories for the exclusive use of the occupants of the special occupancy park shall be provided as required by Health and Safety Code Section 1864(b); (Former Section INL#316-18.1(c)(15)(d); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.15.5Laundry facilities in accordance with the requirements of Health and Safety Code. (Former Section INL#316-18.1(c)(15)(e); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.3.16 Storage Facilities. Storage facilities may be provided for the storage of vehicles belonging to park occupants. Storage areas shall be paved or graveled and enclosed by a solid wall or fence not less than six (6) feet in height. (Former Section INL#316-18.1(c) (16); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.4 Accessory Buildings. A special occupancy park may include the following accessory buildings provided such uses are designed to be clearly accessory to the special occupancy park and intended for the convenience of the occupants and their guests: (Former Section INL#316-18.1(D); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.4.1 Assembly and Recreation. A building or buildings designed for indoor assembly or recreation. (Former Section INL#31618.1(D)(1); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.4.2 Commercial Services. Commercial structures and uses such as general store, restaurant, lunch counter, or snack bar. (Former Section INL#316-18.1(D)(2); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.4.3 Personal Services. Service buildings and facilities incidental to and customarily accessory to permitted uses, including sauna baths and swimming pools. (Former Section INL#316-18.1(D)(3); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.4.4 Caretaker’s Residence. (Former Section INL#316-18.1(D)(4); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.5 Limitations. No person or group of persons other than the owner or operator thereof shall occupy any of the campground spaces in a special occupancy park for permanent family or group residential use. Length of occupancy of all other campground spaces shall be regulated as follows: (Former Section INL#316-18.1(E); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.5.1Persons occupying spaces with total hook-up capacity, including sewer, water and electricity, shall not occupy any campground space in a special occupancy park for a period exceeding four (4) months in any twelve (12) month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed four (4) months in any twelve (12) month period. (Former Section INL#316-18.1(E)(1); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.5.2Persons occupying tents or vehicles with less than total hook-up capacity shall not occupy any campground space in a special occupancy park for a period exceeding thirty (30) days in any twelve month period, nor shall the cumulative occupancy by such persons of different campground spaces anywhere in the facility exceed a total of thirty (30) days in any twelve (12) month period. (Former Section INL#316-18.1(E)(2); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.6 Modification of Development Criteria.
113.1.6.1Modification of the development standards 113.1.1 through 113.1.4 of this Section may be allowed with a Special Permit, upon making the supplemental findings that 1) the development will conform to the development standards as closely as possible, 2) the development will be consistent with all applicable State and local health and safety standards, and 3) granting the exception will not be detrimental to the public welfare. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.6.2Modification of the development standard 113.1.5 of this Section may also be allowed with a Special Permit, provided the following supplemental findings are made: 1) the development will be compatible with surrounding land uses, and 2) the development meets minimum State standards for habitability. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.6.3To ensure the park is compatible with surrounding property uses, the Hearing Officer may limit the term of the permit to a specified time period, and may require that the caretaker of the park has specific plans and sufficient experience with anticipated users to effectively engage the cooperation of the users to maintain the park in a clean, safe and sanitary condition. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98)
113.1.6.4The Hearing Officer may also require the caretaker 1) demonstrate the ability to implement a plan for responding to the ongoing concerns of the neighbors, such as regularly scheduled meetings and 24 hour crisis response capacity, and 2) agree to mediation by a disinterested party agreeable to all parties, where conflicts with neighbors persist. (Former Section INL#316-18.1(F); Added by Ord. 2166, Sec. 23, 4/7/98) Your Selections
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131.1 QUALIFICATION OF NONCONFORMING USE
Notwithstanding any other provision, a building or use shall not be deemed a nonconforming use if: (Former Section INL#317-61; Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
131.1.1Such use would otherwise be a conforming use under the current provisions of this Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a use may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
131.1.2Such use is allowed in the zone in which it is located as a conditional use. However, no such use shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property until a Special Permit for such use is first obtained. (Former Section INL#317-61(b); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
131.2 REGULATIONS CONTROLLING OTHER NONCONFORMING USES
131.2.1No accessory use to a principal nonconforming use shall continue after such principal use shall cease or terminate. (Former Section INL#317-63(g); Ord. 1104, Sec. 3, 10/5/76)
131.2.2The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land or building on or in which such nonconforming use is conducted. (Former Section INL#317-63(h); Ord. 1104, Sec. 3, 10/5/76)
131.2.3All of the foregoing provisions relating to nonconforming uses shall apply to all nonconforming uses existing on the effective date of these regulations and to all uses that become nonconforming by reason of any Amendment thereof. However, any use established in violation of law, regardless of the time of establishment, is not a nonconforming use and shall not benefit from the provisions in this section. (For nonconforming buildings, see Section 314-132, Nonconforming Structures.) (Former Section INL#31763(i); Ord. 1104, Sec. 3, 10/5/76))
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131.1 QUALIFICATION OF NONCONFORMING USE
Notwithstanding any other provision, a building or use shall not be deemed a nonconforming use if: (Former Section INL#317-61; Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
131.1.1Such use would otherwise be a conforming use under the current provisions of this Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a use may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
131.1.2Such use is allowed in the zone in which it is located as a conditional use. However, no such use shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property until a Special Permit for such use is first obtained. (Former Section INL#317-61(b); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
131.2 REGULATIONS CONTROLLING OTHER NONCONFORMING USES
131.2.1No accessory use to a principal nonconforming use shall continue after such principal use shall cease or terminate. (Former Section INL#317-63(g); Ord. 1104, Sec. 3, 10/5/76)
131.2.2The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land or building on or in which such nonconforming use is conducted. (Former Section INL#317-63(h); Ord. 1104, Sec. 3, 10/5/76)
131.2.3All of the foregoing provisions relating to nonconforming uses shall apply to all nonconforming uses existing on the effective date of these regulations and to all uses that become nonconforming by reason of any Amendment thereof. However, any use established in violation of law, regardless of the time of establishment, is not a nonconforming use and shall not benefit from the provisions in this section. (For nonconforming buildings, see Section 314-132, Nonconforming Structures.) (Former Section INL#31763(i); Ord. 1104, Sec. 3, 10/5/76))
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131.1 QUALIFICATION OF NONCONFORMING USE
Notwithstanding any other provision, a building or use shall not be deemed a nonconforming use if: (Former Section INL#317-61; Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
131.1.1Such use would otherwise be a conforming use under the current provisions of this Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a use may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
of this Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a use may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
131.1.2Such use is allowed in the zone in which it is located as a conditional use. However, no such use shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property until a Special Permit for such use is first obtained. (Former Section INL#317-61(b); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
131.2 REGULATIONS CONTROLLING OTHER NONCONFORMING USES
131.2.1No accessory use to a principal nonconforming use shall continue after such principal use shall cease or terminate. (Former Section INL#317-63(g); Ord. 1104, Sec. 3, 10/5/76)
131.2.2The rights pertaining to a nonconforming use shall be deemed to pertain to the use itself, regardless of the ownership of the land or building on or in which such nonconforming use is conducted. (Former Section INL#317-63(h); Ord. 1104, Sec. 3, 10/5/76)
131.2.3All of the foregoing provisions relating to nonconforming uses shall apply to all nonconforming uses existing on the effective date of these regulations and to all uses that become nonconforming by reason of any Amendment thereof. However, any use established in violation of law, regardless of the time of establishment, is not a nonconforming use and shall not benefit from the provisions in this section. (For nonconforming buildings, see Section 314-132, Nonconforming Structures.) (Former Section INL#31763(i); Ord. 1104, Sec. 3, 10/5/76))
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132.1 QUALIFICATION OF NONCONFORMING STRUCTURE
Notwithstanding any other provision, a structure shall not be deemed a nonconforming structure if: (Former Section INL#317-61; Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
132.1.1Such structure would otherwise be a conforming structure under the current provisions of this Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a structure may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a structure may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
132.1.2Such structure is allowed in the zone in which it is located as a conditional use. However, no such structure shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property until a Special Permit for such structure is first obtained. (Former Section INL#317-61(b); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
132.2 ENLARGEMENT OF NONCONFORMING STRUCTURES
132.2.1Notwithstanding any other provisions, the Hearing Officer may approve a Special Permit for the enlargement, alteration or remodeling of the following nonconforming structures: (Former Section INL#317-62(a); Ord. 1726, Sec. 6, 3/4/86)
132.2.1.1A one (1) family detached dwelling in a Commercial (C) or Industrial (M) Zone; or (Former Section INL#317-62(a)(1); Ord. 1726, Sec. 6, 3/4/86)
132.2.1.2Any commercial structure located in any commercial zone in which either a principal use, permitted use or a conditional use is conducted; or (Former Section INL#317-62(a)(2); Ord. 1726, Sec. 6, 3/4/86)
132.2.1.3Any commercial structure located in an Unclassified (U) Zone where the General Plan designates the area for commercial development. (Former Section INL#317- 62(a)(3); Ord. 1726, Sec. 6, 3/4/86)
132.2.2Approved enlargements of nonconforming structures specified in subsection 314-132.2.1 may not exceed: (Former Section INL#317-62(b); Ord. 1726, Sec. 6, 3/4/86)
132.2.2.1Twenty-five percent (25%) of the area of land occupied by such nonconforming structure; or (Former Section INL#317-62(b) (1); Ord. 1726, Sec. 6, 3/4/86)
132.2.2.2Twenty-five percent (25%) of the gross floor area of the existing nonconforming structure; or (Former Section INL#317-62(b) (2); Ord. 1726, Sec. 6, 3/4/86)
132.2.2.3The maximum ground coverage prescribed for the zoning district in which the nonconforming structure is located, whichever is less. (Former Section INL#317-62(b)(3); Ord. 1726, Sec. 6, 3/4/86)
132.2.3The fair market value of approved enlargements, structural alterations or remodeling of a nonconforming structure specified in subsection 132.2.1 may not exceed fifty percent (50%) of its current appraised value according to the records of the Assessor’s Office. (Former Section INL#317-62(c); Ord. 1726, Sec. 6, 3/4/86)
132.2.4One (1) family detached dwellings remodeled, extended, expanded or enlarged in accordance with the provisions of Sections 314-132.1 through 314-132.3 shall not be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work. (Former Section INL#317-62(d); Ord. 1726, Sec. 6, 3/4/86)
132.2.5 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations. Replacement manufactured homes in Residential Zones (RS, R-1, R-2, R-3 and R-4) without a T Combining Zone shall have: (Former Section INL#317-62(e); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.2.5.1A roof overhang of not less than six (6) inches for the entire exterior perimeter; and (Former Section INL#317-62(e)(1); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.2.5.2A roof of composition shingles, wood shingles or shakes or other materials compatible with the majority of dwellings in the neighborhood; and (Former Section INL#317-62(e)(2); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.2.5.3An exterior wall covering of natural or man-made materials of a non-reflective nature. (Former Section INL#317-62(e)(3); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.3 REGULATIONS CONTROLLING OTHER NONCONFORMING STRUCTURES
132.3.1Any nonconforming structure, except as permitted by Section 314-132.2 shall not be enlarged or extended where an
intensification or increase in the nonconformity would result. The hearing officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion would not conform with development standards. (Former Section INL#317-63(a); Amended by Ord. 1848, Sec. 21, 9/13/88)
132.3.2If a structure in which a nonconforming use is conducted is moved for any distance whatever, for any reason, then any future use of such structure shall be in conformity with Sections 314-132.1 through 314-132.3. (Former Section INL#317-63(b); (Ord. 1104, § 3, 10/5/1976)
132.3.3If any structure in which any nonconforming use is conducted is hereafter removed, the subsequent use of land on which such structure was located and the subsequent location and use of any structure thereon shall be in conformity with the regulations specified by Sections 314-132.1 through 314-132.3. (Former Section INL#317-63(c); Ord. 1104, Sec. 3, 10/5/76)
132.3.4Nothing in Sections 314-132.1 through 314-132.3 shall be deemed to prevent keeping in good maintenance and repair a nonconforming structure or a structure in which a nonconforming use is conducted, but no such structure that is declared by any authorized County official to be a public nuisance by reason of physical condition shall be restored, repaired or rebuilt. (Former Section INL#317-63(d); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1234, Sec. 4, 6/13/78)
132.3.5A nonconforming structure or a structure in which a nonconforming use is conducted that is destroyed or damaged by any casualty to an extent not exceeding sixty percent (60%) of its current appraised value according to the records of the Assessor’s Office, exclusive of foundations, may be restored within two (2) years after such destruction or damage but shall not be enlarged except as provided in Section 314-132.2 of this Code. If any such structure is so destroyed or damaged to an extent exceeding sixty percent (60%) of its value as above, it shall not be reconstructed except: (Former Section INL#317-63(e); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.1For a conforming use; (Former Section INL#317-63(e)(1); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.2If the structure is used for agricultural purposes and the floors and foundation walls are of concrete and/or other masonry and are not practical to move; or (Former Section INL#317-63(e)(2); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.3If the nonconforming location is necessary to meet any requirement or regulation of the Health Department. (Former Section INL#317-63(e)(3); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.4If the total floor area of the structure to be restored does not exceed that of the damaged or destroyed structure by more than ten percent (10%) and the sewage disposal system is in compliance with all applicable State and local standards. (Former Section INL#317-63(e)(4); Added by Ord. 2166, Sec. 32, 4/7/98)
132.3.6If any nonconforming structure ceases to be used for any reason for a continuous period of two (2) years or more, or is changed to or replaced by a conforming structure, the land and nonconforming structure shall become subject to all the regulations as to use for the zone in which such land and structures are located as if such nonconforming structure had been expressly abandoned. (Former Section INL#317-63(f); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1234, Sec. 4, 6/13/78; Amended by Ord. 1876, Sec. 13, 9/26/89)
132.3.7The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land on which such nonconforming structure is located or the nature or the tenure of the occupancy thereof. (Former Section INL#317-63(h); Ord. 1104, Sec. 3, 10/5/76)
132.3.8All of the foregoing provisions relating to nonconforming structures shall apply to all nonconforming structures existing on the effective date of these regulations and to all structures that become nonconforming by reason of any amendment thereof. However, any structure erected in violation of law, regardless of the time of erection, is not a nonconforming structure and shall not benefit from the provisions in this section. (Former Section INL#317-63(i); Ord. 1104, Sec. 3, 10/5/76)
132.3.9If a nonconforming manufactured home or recreational vehicle is removed from a designated flood-prone area of the County, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section INL#317-63(j); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 2166, Sec. 32, 4/7/98)
132.3.10 Special Provisions Concerning Nonconforming Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (For more information on Manufactured Homes, see Section 314-81.1, Manufactured Homes and Recreational Vehicles.) (Former Section INL#316-11; Ord. 1092, Sec. 1, 8/10/76)
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132.1 QUALIFICATION OF NONCONFORMING STRUCTURE
Notwithstanding any other provision, a structure shall not be deemed a nonconforming structure if: (Former Section INL#317-61; Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
132.1.1Such structure would otherwise be a conforming structure under the current provisions of this Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a structure may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a structure may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
132.1.2Such structure is allowed in the zone in which it is located as a conditional use. However, no such structure shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property until a Special Permit for such structure is first obtained. (Former Section INL#317-61(b); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
132.2 ENLARGEMENT OF NONCONFORMING STRUCTURES
132.2.1Notwithstanding any other provisions, the Hearing Officer may approve a Special Permit for the enlargement, alteration or remodeling of the following nonconforming structures: (Former Section INL#317-62(a); Ord. 1726, Sec. 6, 3/4/86)
132.2.1.1A one (1) family detached dwelling in a Commercial (C) or Industrial (M) Zone; or (Former Section INL#317-62(a)(1); Ord. 1726, Sec. 6, 3/4/86)
132.2.1.2Any commercial structure located in any commercial zone in which either a principal use, permitted use or a conditional use is conducted; or (Former Section INL#317-62(a)(2); Ord. 1726, Sec. 6, 3/4/86)
132.2.1.3Any commercial structure located in an Unclassified (U) Zone where the General Plan designates the area for commercial development. (Former Section INL#317- 62(a)(3); Ord. 1726, Sec. 6, 3/4/86)
132.2.2Approved enlargements of nonconforming structures specified in subsection 314-132.2.1 may not exceed: (Former Section INL#317-62(b); Ord. 1726, Sec. 6, 3/4/86)
132.2.2.1Twenty-five percent (25%) of the area of land occupied by such nonconforming structure; or (Former Section INL#317-62(b) (1); Ord. 1726, Sec. 6, 3/4/86)
132.2.2.2Twenty-five percent (25%) of the gross floor area of the existing nonconforming structure; or (Former Section INL#317-62(b) (2); Ord. 1726, Sec. 6, 3/4/86)
132.2.2.3The maximum ground coverage prescribed for the zoning district in which the nonconforming structure is located, whichever is less. (Former Section INL#317-62(b)(3); Ord. 1726, Sec. 6, 3/4/86)
132.2.3The fair market value of approved enlargements, structural alterations or remodeling of a nonconforming structure specified in subsection 132.2.1 may not exceed fifty percent (50%) of its current appraised value according to the records of the Assessor’s Office. (Former Section INL#317-62(c); Ord. 1726, Sec. 6, 3/4/86)
132.2.4One (1) family detached dwellings remodeled, extended, expanded or enlarged in accordance with the provisions of Sections 314-132.1 through 314-132.3 shall not be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work. (Former Section INL#317-62(d); Ord. 1726, Sec. 6, 3/4/86)
132.2.5 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations. Replacement manufactured homes in Residential Zones (RS, R-1, R-2, R-3 and R-4) without a T Combining Zone shall have: (Former Section INL#317-62(e); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.2.5.1A roof overhang of not less than six (6) inches for the entire exterior perimeter; and (Former Section INL#317-62(e)(1); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.2.5.2A roof of composition shingles, wood shingles or shakes or other materials compatible with the majority of dwellings in the neighborhood; and (Former Section INL#317-62(e)(2); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.2.5.3An exterior wall covering of natural or man-made materials of a non-reflective nature. (Former Section INL#317-62(e)(3); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.3 REGULATIONS CONTROLLING OTHER NONCONFORMING STRUCTURES
132.3.1Any nonconforming structure, except as permitted by Section 314-132.2 shall not be enlarged or extended where an
intensification or increase in the nonconformity would result. The hearing officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion would not conform with development standards. (Former Section INL#317-63(a); Amended by Ord. 1848, Sec. 21, 9/13/88)
132.3.2If a structure in which a nonconforming use is conducted is moved for any distance whatever, for any reason, then any future use of such structure shall be in conformity with Sections 314-132.1 through 314-132.3. (Former Section INL#317-63(b); (Ord. 1104, § 3, 10/5/1976)
132.3.3If any structure in which any nonconforming use is conducted is hereafter removed, the subsequent use of land on which such structure was located and the subsequent location and use of any structure thereon shall be in conformity with the regulations specified by Sections 314-132.1 through 314-132.3. (Former Section INL#317-63(c); Ord. 1104, Sec. 3, 10/5/76)
132.3.4Nothing in Sections 314-132.1 through 314-132.3 shall be deemed to prevent keeping in good maintenance and repair a nonconforming structure or a structure in which a nonconforming use is conducted, but no such structure that is declared by any authorized County official to be a public nuisance by reason of physical condition shall be restored, repaired or rebuilt. (Former Section INL#317-63(d); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1234, Sec. 4, 6/13/78)
132.3.5A nonconforming structure or a structure in which a nonconforming use is conducted that is destroyed or damaged by any casualty to an extent not exceeding sixty percent (60%) of its current appraised value according to the records of the Assessor’s Office, exclusive of foundations, may be restored within two (2) years after such destruction or damage but shall not be enlarged except as provided in Section 314-132.2 of this Code. If any such structure is so destroyed or damaged to an extent exceeding sixty percent (60%) of its value as above, it shall not be reconstructed except: (Former Section INL#317-63(e); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.1For a conforming use; (Former Section INL#317-63(e)(1); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.2If the structure is used for agricultural purposes and the floors and foundation walls are of concrete and/or other masonry and are not practical to move; or (Former Section INL#317-63(e)(2); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.3If the nonconforming location is necessary to meet any requirement or regulation of the Health Department. (Former Section INL#317-63(e)(3); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.4If the total floor area of the structure to be restored does not exceed that of the damaged or destroyed structure by more than ten percent (10%) and the sewage disposal system is in compliance with all applicable State and local standards. (Former Section INL#317-63(e)(4); Added by Ord. 2166, Sec. 32, 4/7/98)
132.3.6If any nonconforming structure ceases to be used for any reason for a continuous period of two (2) years or more, or is changed to or replaced by a conforming structure, the land and nonconforming structure shall become subject to all the regulations as to use for the zone in which such land and structures are located as if such nonconforming structure had been expressly abandoned. (Former Section INL#317-63(f); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1234, Sec. 4, 6/13/78; Amended by Ord. 1876, Sec. 13, 9/26/89)
132.3.7The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land on which such nonconforming structure is located or the nature or the tenure of the occupancy thereof. (Former Section INL#317-63(h); Ord. 1104, Sec. 3, 10/5/76)
132.3.8All of the foregoing provisions relating to nonconforming structures shall apply to all nonconforming structures existing on the effective date of these regulations and to all structures that become nonconforming by reason of any amendment thereof. However, any structure erected in violation of law, regardless of the time of erection, is not a nonconforming structure and shall not benefit from the provisions in this section. (Former Section INL#317-63(i); Ord. 1104, Sec. 3, 10/5/76)
132.3.9If a nonconforming manufactured home or recreational vehicle is removed from a designated flood-prone area of the County, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section INL#317-63(j); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 2166, Sec. 32, 4/7/98)
132.3.10 Special Provisions Concerning Nonconforming Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (For more information on Manufactured Homes, see Section 314-81.1, Manufactured Homes and Recreational Vehicles.) (Former Section INL#316-11; Ord. 1092, Sec. 1, 8/10/76)
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132.1 QUALIFICATION OF NONCONFORMING STRUCTURE
Notwithstanding any other provision, a structure shall not be deemed a nonconforming structure if: (Former Section INL#317-61; Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
132.1.1Such structure would otherwise be a conforming structure under the current provisions of this Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a structure may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a structure may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
132.1.2Such structure is allowed in the zone in which it is located as a conditional use. However, no such structure shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property until a Special Permit for such structure is first obtained. (Former Section INL#317-61(b); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
132.2 ENLARGEMENT OF NONCONFORMING STRUCTURES
132.2.1Notwithstanding any other provisions, the Hearing Officer may approve a Special Permit for the enlargement, alteration or remodeling of the following nonconforming structures: (Former Section INL#317-62(a); Ord. 1726, Sec. 6, 3/4/86)
132.2.1.1A one (1) family detached dwelling in a Commercial (C) or Industrial (M) Zone; or (Former Section INL#317-62(a)(1); Ord. 1726, Sec. 6, 3/4/86)
132.2.1.2Any commercial structure located in any commercial zone in which either a principal use, permitted use or a conditional use is conducted; or (Former Section INL#317-62(a)(2); Ord. 1726, Sec. 6, 3/4/86)
132.2.1.3Any commercial structure located in an Unclassified (U) Zone where the General Plan designates the area for commercial development. (Former Section INL#317- 62(a)(3); Ord. 1726, Sec. 6, 3/4/86)
132.2.2Approved enlargements of nonconforming structures specified in subsection 314-132.2.1 may not exceed: (Former Section INL#317-62(b); Ord. 1726, Sec. 6, 3/4/86)
132.2.2.1Twenty-five percent (25%) of the area of land occupied by such nonconforming structure; or (Former Section INL#317-62(b) (1); Ord. 1726, Sec. 6, 3/4/86)
132.2.2.2Twenty-five percent (25%) of the gross floor area of the existing nonconforming structure; or (Former Section INL#317-62(b) (2); Ord. 1726, Sec. 6, 3/4/86)
132.2.2.3The maximum ground coverage prescribed for the zoning district in which the nonconforming structure is located, whichever is less. (Former Section INL#317-62(b)(3); Ord. 1726, Sec. 6, 3/4/86)
132.2.3The fair market value of approved enlargements, structural alterations or remodeling of a nonconforming structure specified in subsection 132.2.1 may not exceed fifty percent (50%) of its current appraised value according to the records of the Assessor’s Office. (Former Section INL#317-62(c); Ord. 1726, Sec. 6, 3/4/86)
132.2.4One (1) family detached dwellings remodeled, extended, expanded or enlarged in accordance with the provisions of Sections 314-132.1 through 314-132.3 shall not be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work. (Former Section INL#317-62(d); Ord. 1726, Sec. 6, 3/4/86)
132.2.5 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations. Replacement manufactured homes in Residential Zones (RS, R-1, R-2, R-3 and R-4) without a T Combining Zone shall have: (Former Section INL#317-62(e); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.2.5.1A roof overhang of not less than six (6) inches for the entire exterior perimeter; and (Former Section INL#317-62(e)(1); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.2.5.2A roof of composition shingles, wood shingles or shakes or other materials compatible with the majority of dwellings in the neighborhood; and (Former Section INL#317-62(e)(2); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.2.5.3An exterior wall covering of natural or man-made materials of a non-reflective nature. (Former Section INL#317-62(e)(3); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.3 REGULATIONS CONTROLLING OTHER NONCONFORMING STRUCTURES
132.3.1Any nonconforming structure, except as permitted by Section 314-132.2 shall not be enlarged or extended where an
intensification or increase in the nonconformity would result. The hearing officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion would not conform with development standards. (Former Section INL#317-63(a); Amended by Ord. 1848, Sec. 21, 9/13/88)
132.3.2If a structure in which a nonconforming use is conducted is moved for any distance whatever, for any reason, then any future use of such structure shall be in conformity with Sections 314-132.1 through 314-132.3. (Former Section INL#317-63(b); (Ord. 1104, § 3, 10/5/1976)
132.3.3If any structure in which any nonconforming use is conducted is hereafter removed, the subsequent use of land on which such structure was located and the subsequent location and use of any structure thereon shall be in conformity with the regulations specified by Sections 314-132.1 through 314-132.3. (Former Section INL#317-63(c); Ord. 1104, Sec. 3, 10/5/76)
132.3.4Nothing in Sections 314-132.1 through 314-132.3 shall be deemed to prevent keeping in good maintenance and repair a nonconforming structure or a structure in which a nonconforming use is conducted, but no such structure that is declared by any authorized County official to be a public nuisance by reason of physical condition shall be restored, repaired or rebuilt. (Former Section INL#317-63(d); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1234, Sec. 4, 6/13/78)
132.3.5A nonconforming structure or a structure in which a nonconforming use is conducted that is destroyed or damaged by any casualty to an extent not exceeding sixty percent (60%) of its current appraised value according to the records of the Assessor’s Office, exclusive of foundations, may be restored within two (2) years after such destruction or damage but shall not be enlarged except as provided in Section 314-132.2 of this Code. If any such structure is so destroyed or damaged to an extent exceeding sixty percent (60%) of its value as above, it shall not be reconstructed except: (Former Section INL#317-63(e); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.1For a conforming use; (Former Section INL#317-63(e)(1); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.2If the structure is used for agricultural purposes and the floors and foundation walls are of concrete and/or other masonry and are not practical to move; or (Former Section INL#317-63(e)(2); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.3If the nonconforming location is necessary to meet any requirement or regulation of the Health Department. (Former Section INL#317-63(e)(3); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.4If the total floor area of the structure to be restored does not exceed that of the damaged or destroyed structure by more than ten percent (10%) and the sewage disposal system is in compliance with all applicable State and local standards. (Former Section INL#317-63(e)(4); Added by Ord. 2166, Sec. 32, 4/7/98)
132.3.6If any nonconforming structure ceases to be used for any reason for a continuous period of two (2) years or more, or is changed to or replaced by a conforming structure, the land and nonconforming structure shall become subject to all the regulations as to use for the zone in which such land and structures are located as if such nonconforming structure had been expressly abandoned. (Former Section INL#317-63(f); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1234, Sec. 4, 6/13/78; Amended by Ord. 1876, Sec. 13, 9/26/89)
132.3.7The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land on which such nonconforming structure is located or the nature or the tenure of the occupancy thereof. (Former Section INL#317-63(h); Ord. 1104, Sec. 3, 10/5/76)
132.3.8All of the foregoing provisions relating to nonconforming structures shall apply to all nonconforming structures existing on the effective date of these regulations and to all structures that become nonconforming by reason of any amendment thereof. However, any structure erected in violation of law, regardless of the time of erection, is not a nonconforming structure and shall not benefit from the provisions in this section. (Former Section INL#317-63(i); Ord. 1104, Sec. 3, 10/5/76)
132.3.9If a nonconforming manufactured home or recreational vehicle is removed from a designated flood-prone area of the County, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section INL#317-63(j); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 2166, Sec. 32, 4/7/98)
132.3.10 Special Provisions Concerning Nonconforming Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (For more information on Manufactured Homes, see Section 314-81.1, Manufactured Homes and Recreational Vehicles.) (Former Section INL#316-11; Ord. 1092, Sec. 1, 8/10/76)
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132.1 QUALIFICATION OF NONCONFORMING STRUCTURE
Notwithstanding any other provision, a structure shall not be deemed a nonconforming structure if: (Former Section INL#317-61; Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
132.1.1Such structure would otherwise be a conforming structure under the current provisions of this Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a structure may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
Code section except that it does not meet the lot size or yard requirements of the zone in which it is located. Such a structure may be continued, altered, added to, or enlarged provided that any addition or enlargement shall comply with all of the regulations of the zone in which it is located; or (Former Section INL#317-61(a); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
132.1.2Such structure is allowed in the zone in which it is located as a conditional use. However, no such structure shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property until a Special Permit for such structure is first obtained. (Former Section INL#317-61(b); Ord. 1104 Sec. 3, 10/5/76; Amended by Ord. 1876, Sec. 12, 9/26/89)
132.2 ENLARGEMENT OF NONCONFORMING STRUCTURES
132.2.1Notwithstanding any other provisions, the Hearing Officer may approve a Special Permit for the enlargement, alteration or remodeling of the following nonconforming structures: (Former Section INL#317-62(a); Ord. 1726, Sec. 6, 3/4/86)
132.2.1.1A one (1) family detached dwelling in a Commercial (C) or Industrial (M) Zone; or (Former Section INL#317-62(a)(1); Ord. 1726, Sec. 6, 3/4/86)
132.2.1.2Any commercial structure located in any commercial zone in which either a principal use, permitted use or a conditional use is conducted; or (Former Section INL#317-62(a)(2); Ord. 1726, Sec. 6, 3/4/86)
132.2.1.3Any commercial structure located in an Unclassified (U) Zone where the General Plan designates the area for commercial development. (Former Section INL#317- 62(a)(3); Ord. 1726, Sec. 6, 3/4/86)
132.2.2Approved enlargements of nonconforming structures specified in subsection 314-132.2.1 may not exceed: (Former Section INL#317-62(b); Ord. 1726, Sec. 6, 3/4/86)
132.2.2.1Twenty-five percent (25%) of the area of land occupied by such nonconforming structure; or (Former Section INL#317-62(b) (1); Ord. 1726, Sec. 6, 3/4/86)
132.2.2.2Twenty-five percent (25%) of the gross floor area of the existing nonconforming structure; or (Former Section INL#317-62(b) (2); Ord. 1726, Sec. 6, 3/4/86)
132.2.2.3The maximum ground coverage prescribed for the zoning district in which the nonconforming structure is located, whichever is less. (Former Section INL#317-62(b)(3); Ord. 1726, Sec. 6, 3/4/86)
132.2.3The fair market value of approved enlargements, structural alterations or remodeling of a nonconforming structure specified in subsection 132.2.1 may not exceed fifty percent (50%) of its current appraised value according to the records of the Assessor’s Office. (Former Section INL#317-62(c); Ord. 1726, Sec. 6, 3/4/86)
132.2.4One (1) family detached dwellings remodeled, extended, expanded or enlarged in accordance with the provisions of Sections 314-132.1 through 314-132.3 shall not be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work. (Former Section INL#317-62(d); Ord. 1726, Sec. 6, 3/4/86)
132.2.5 Replacement of Nonconforming Manufactured Homes. The Director may approve a Special Permit for the replacement of an existing nonconforming manufactured home by a newer manufactured home. The replacement manufactured home shall be set up on a standard foundation as required by the County Building Regulations. Replacement manufactured homes in Residential Zones (RS, R-1, R-2, R-3 and R-4) without a T Combining Zone shall have: (Former Section INL#317-62(e); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.2.5.1A roof overhang of not less than six (6) inches for the entire exterior perimeter; and (Former Section INL#317-62(e)(1); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.2.5.2A roof of composition shingles, wood shingles or shakes or other materials compatible with the majority of dwellings in the neighborhood; and (Former Section INL#317-62(e)(2); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.2.5.3An exterior wall covering of natural or man-made materials of a non-reflective nature. (Former Section INL#317-62(e)(3); Ord. 1726, Sec. 6, 3/4/86; Amended by Ord. 1738, Sec. 4, 5/20/86)
132.3 REGULATIONS CONTROLLING OTHER NONCONFORMING STRUCTURES
132.3.1Any nonconforming structure, except as permitted by Section 314-132.2 shall not be enlarged or extended where an
intensification or increase in the nonconformity would result. The hearing officer may approve the structural alteration of an existing structure not conforming with development standards. Approval of a variance or other discretionary permit shall not be required for “one-for-one” structural alterations. A structural alteration changing a flat roof to a pitched roof where no expansion of floor area is involved is determined to be a “one-for-one” structural alteration. A variance will be required for the total replacement or expansion of structures where such replacement or expansion would not conform with development standards. (Former Section INL#317-63(a); Amended by Ord. 1848, Sec. 21, 9/13/88)
132.3.2If a structure in which a nonconforming use is conducted is moved for any distance whatever, for any reason, then any future use of such structure shall be in conformity with Sections 314-132.1 through 314-132.3. (Former Section INL#317-63(b); (Ord. 1104, § 3, 10/5/1976)
132.3.3If any structure in which any nonconforming use is conducted is hereafter removed, the subsequent use of land on which such structure was located and the subsequent location and use of any structure thereon shall be in conformity with the regulations specified by Sections 314-132.1 through 314-132.3. (Former Section INL#317-63(c); Ord. 1104, Sec. 3, 10/5/76)
132.3.4Nothing in Sections 314-132.1 through 314-132.3 shall be deemed to prevent keeping in good maintenance and repair a nonconforming structure or a structure in which a nonconforming use is conducted, but no such structure that is declared by any authorized County official to be a public nuisance by reason of physical condition shall be restored, repaired or rebuilt. (Former Section INL#317-63(d); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1234, Sec. 4, 6/13/78)
132.3.5A nonconforming structure or a structure in which a nonconforming use is conducted that is destroyed or damaged by any casualty to an extent not exceeding sixty percent (60%) of its current appraised value according to the records of the Assessor’s Office, exclusive of foundations, may be restored within two (2) years after such destruction or damage but shall not be enlarged except as provided in Section 314-132.2 of this Code. If any such structure is so destroyed or damaged to an extent exceeding sixty percent (60%) of its value as above, it shall not be reconstructed except: (Former Section INL#317-63(e); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.1For a conforming use; (Former Section INL#317-63(e)(1); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.2If the structure is used for agricultural purposes and the floors and foundation walls are of concrete and/or other masonry and are not practical to move; or (Former Section INL#317-63(e)(2); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.3If the nonconforming location is necessary to meet any requirement or regulation of the Health Department. (Former Section INL#317-63(e)(3); Ord. 1104, Sec. 3, 10/5/76)
132.3.5.4If the total floor area of the structure to be restored does not exceed that of the damaged or destroyed structure by more than ten percent (10%) and the sewage disposal system is in compliance with all applicable State and local standards. (Former Section INL#317-63(e)(4); Added by Ord. 2166, Sec. 32, 4/7/98)
132.3.6If any nonconforming structure ceases to be used for any reason for a continuous period of two (2) years or more, or is changed to or replaced by a conforming structure, the land and nonconforming structure shall become subject to all the regulations as to use for the zone in which such land and structures are located as if such nonconforming structure had been expressly abandoned. (Former Section INL#317-63(f); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 1234, Sec. 4, 6/13/78; Amended by Ord. 1876, Sec. 13, 9/26/89)
132.3.7The rights pertaining to a nonconforming structure shall be deemed to pertain to the structure itself, regardless of the ownership of the land on which such nonconforming structure is located or the nature or the tenure of the occupancy thereof. (Former Section INL#317-63(h); Ord. 1104, Sec. 3, 10/5/76)
132.3.8All of the foregoing provisions relating to nonconforming structures shall apply to all nonconforming structures existing on the effective date of these regulations and to all structures that become nonconforming by reason of any amendment thereof. However, any structure erected in violation of law, regardless of the time of erection, is not a nonconforming structure and shall not benefit from the provisions in this section. (Former Section INL#317-63(i); Ord. 1104, Sec. 3, 10/5/76)
132.3.9If a nonconforming manufactured home or recreational vehicle is removed from a designated flood-prone area of the County, the same manufactured home or recreational vehicle may be relocated on the same site within six (6) months and installed in accordance with the applicable regulations in effect at the time of the unit’s original installation. (Former Section INL#317-63(j); Ord. 1104, Sec. 3, 10/5/76; Amended by Ord. 2166, Sec. 32, 4/7/98)
132.3.10 Special Provisions Concerning Nonconforming Manufactured Homes. Each existing manufactured home placed on an individual lot in accordance with the then applicable laws and Code sections may remain at the existing location without the construction of a foundation. The Use Permit for such manufactured home shall run with the land and shall be transferable to subsequent purchasers. If such manufactured home is moved to another individual lot not within a manufactured home park it must be placed upon a foundation. (For more information on Manufactured Homes, see Section 314-81.1, Manufactured Homes and Recreational Vehicles.) (Former Section INL#316-11; Ord. 1092, Sec. 1, 8/10/76)
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135.1.The meaning and construction of words and phrases as set forth shall apply throughout the Zoning Regulations, except where the context of such words or phrases clearly indicates a different meaning or construction. Definitions contained in the Uniform Building Code shall be applicable except when in conflict with definitions contained in these Zoning Regulations, in which case the Zoning Regulations definition shall prevail. The following general rules of construction shall apply to the textual provisions of the Zoning Regulations: (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
135.1.1. Headings. Section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of the Zoning Regulations. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
135.1.2. Illustrations. In case of any difference of meaning or implication between the text of any provision and any illustration, the text of the provision shall control.
(From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
135.1.3. Shall, May, and Should. “Shall” is always mandatory and not discretionary. “May” is permissive or discretionary. “Should” is advisory, in that it, like “may,” is not mandatory, but “should” indicates a policy preference of the County. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
135.1.4. Tense, Number and Gender. Words used in the present tense include the past and future tense. Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary. The masculine gender includes the feminine and neuter gender, and neuter includes the masculine and feminine, and feminine includes masculine and neuter. (From Section CZ#A312-1; INL#312-1; Ord. 519, Sec. 201, 5/11/65; Amended by Ord. 2214, 6/6/00)
135.1.5. Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
135.1.5.1.“And” indicates that all connected items or provisions shall apply.
135.1.5.2.“Or” indicates that the connected items or provisions may apply singly or in any combination.
135.1.5.3.“Either...or” indicates that the connected items or provisions shall apply singly but not in combination.
135.1.6.“Used” includes “arranged for”, “designed for”, “occupied”, or “intended to be occupied for”. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
135.1.7.All public officials, bodies, and agencies to which reference is made are those of Humboldt County unless otherwise indicated. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
135.1.8. References to other laws and regulations. Whenever this Code refers to sections of this Code, State Law, or other statutes or regulations, the reference shall be construed to include any successor or amended provisions which have been adopted to replace, renumber, or otherwise change the section(s) reference from that which is contained in this Code. (From Section CZ#A312-1; Added by Ord. 2214, 6/6/00)
135.2.Additional definitions can be found in State Law in the Subdivision Map Act (see, Government Code Section 66414 and following), the Permit Streamlining Act (see Government Code Section 65925 and following), and in other related provisions which regulate planning and land use issues. If the definitions of this County Code are different from the State Law definitions, generally the State Law will govern, unless the provisions of this Code are more restrictive and limiting, in which case the more restrictive provisions apply. (Ord. 2214, 6/6/2000)
135.3.This set of definitions is separate from, and less comprehensive than, the definitions applicable in the Coastal Zone, which are set out in Chapter 3, Section C. This is because the coastal and non-coastal regulations were adopted at different times. It is the goal of the Board to eventually merge the two (2) sections and have one set of definitions that apply county wide. When that is done, some definitions will change, and environmental review of any changes will be required under California law. (Ord. 2214, 6/6/2000)
re set out in Chapter 3, Section C. This is because the coastal and non-coastal regulations were adopted at different times. It is the goal of the Board to eventually merge the two (2) sections and have one set of definitions that apply county wide. When that is done, some definitions will change, and environmental review of any changes will be required under California law. (Ord. 2214, 6/6/2000)
135.4.To the extent that the definitions in this non-coastal section are different from those in the coastal section, the differences may result in a different meaning. If so, it is the intention of the Board that the differences remain when this version of the Code is adopted. Minor wording differences which do not change the meaning are the result of oversights at the different times at which sections of the code were adopted, and it should not be assumed that any difference in meaning is intended. (Ord. 2214, 6/6/2000)
135.5.If a definition is not included in this section, standard rules of statutory construction should be used, and the words and phrases should be given their customary and ordinary meaning, unless that causes a clearly unintended and erroneous result. (Ord. 2214, 6/6/2000)
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Abutting: Land having a common property line or separated only by an alley, easement or private road. (Former Section INL#312-2; Ord. 519, Sec. 202, 5/11/65)
Access Drive: A private drive connecting a street or alley with a parking or loading area or space and of sufficient width to permit safely the passage of all vehicles, equipment, machinery, trailers, manufactured homes and pedestrians which may normally or reasonably be expected to seek access to the parking or loading area or space. Whenever the size, location or use of the parking or loading areas is such as to reasonably necessitate the use of such drive by emergency vehicles, the drive shall be of adequate width and design to permit the passage of such emergency vehicles in order to be considered as an access drive within the meaning of these regulations. (Former Section INL#312-3; Ord. 519, Sec. 203, 5/11/65)
a or space. Whenever the size, location or use of the parking or loading areas is such as to reasonably necessitate the use of such drive by emergency vehicles, the drive shall be of adequate width and design to permit the passage of such emergency vehicles in order to be considered as an access drive within the meaning of these regulations. (Former Section INL#312-3; Ord. 519, Sec. 203, 5/11/65)
Accessory Dwelling Unit: An attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons, that includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot where a single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes a manufactured home, as defined in Section 18007 of the Health and Safety Code; and a Tiny House or Moveable Tiny House as defined in this Code. (See: Residential Use Types, Accessory Dwelling Unit, in Section 314-163.1.8: Use Types; Tiny House, Section 314-155, Definitions (T); and - Moveable Tiny House, Section 314 148, Definitions (M)).
Acreage: Land which is customarily measured in terms of acres rather than front feet or square feet. (Former Section INL#312-4; Ord. 519, Sec. 204, 5/11/65)
Additional Incentives: “Additional incentives” means such regulatory concessions as specified in California Government Code Section 65915(d). These include, but are not limited to, the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive resulting in identifiable cost avoidance or reductions offered in addition to a density bonus. See Section 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.
Address of Convenience: Nonresidential activities associated with any profession, occupation, or hobby, having no employees, receiving no deliveries at the address, and utilizing a private residence only for receiving mail, phone calls, or related record keeping (typically a mobile business). No more than (1) truck or other motor vehicle of no larger than three-fourths (3/4) of a ton shall be permitted in conjunction with any Address of Convenience. (Former Section INL#312-4.1; Added by Ord. 1848, Sec. 1, 9/13/88)
Adequate Off-Street Parking: “Adequate off-street parking” is hereby defined as parking facilities sufficient to meet the level of anticipated parking demand generated by a use or uses. (See, Section 314-109.1, Off-Street Parking, for parking requirements.) (From Section INL#316-13.1; Added by Ord. 1668, Sec. 3, 1/15/85)
Administrative Official: The Director of the County of Humboldt and/or such other Planning Commission employee as may be designated by the Planning Commission. (Former Section INL#312-5; Ord. 519, Sec. 205, 5/11/65)
Affordable Housing/Affordable Housing Unit: A housing unit which is available for sale to Moderate Income Households or for rent to Low and/or Very Low Income Households, as those terms are defined in this section.
Affordable Rent: Monthly rent charged to Low and Very Low Income Households for housing units as calculated in accordance with section 50053 of the Health and Safety Code. (Modified by Ord. 2472, Sec. 1, 2/14/12)
Affordable Sales Price: Means a sales price at which Lower or Very Low Income Households can qualify for the purchase of Target Units, calculated on the basis of underwriting standards of mortgage financing available for the development See Section 314-112.1, Residential Density Bonus, for further discussion. (From Section INL#316.4-2(c); Added by Ord. 2166, Sec. 31, 4/7/98)
Agricultural Land: “Agricultural Land” shall mean all real property within the boundaries of Humboldt County which is designated in the General Plan, Local Coastal Program, or any plan element (“designations” or “planned” in these regulations) and/or zoned for agricultural use. Such designations or zones shall include, but not be limited to Timber Production Zones (TPZ), Agricultural General (AG), Agricultural Exclusive (AE), and any other agricultural designations of zones which may exist or be established by the County in the future. (Former Section INL#316.2-1(a); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 2138b, Sec. 1, 1/14/97)
Agricultural Operation: “Agricultural Operation” shall mean and include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture, the raising of livestock, fur bearing animals, fish or poultry, and any commercial operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. This definition shall include both commercial and noncommercial activities in the designated areas or zones defined as “Agricultural Land” in this Chapter. (Former Section INL#316.2-1(b); Added by Ord. 1662, Sec. 1, 11/27/84; Amended by Ord. 1138b, Sec. 1, 1/14/97)
Agriculture, General: Farming, dairying, pasturage, timber production, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including stockyards, slaughterhouses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. General Agriculture also includes large-scale employee housing, as defined in subsection 314-47.3.8. (Former Section INL#312-6; Ord. 519, Sec. 206, 5/11/65)
Alley or Lane: A public or private way not more than thirty (30) feet wide affording only secondary means of access to abutting property and not intended for general traffic circulation, except when such terms are modified by the word “bowling”. (Former Section INL#312-7; Ord. 519, Sec. 207, 5/11/65)
Alternative Lodge Park: Provides spaces for occupancy for persons experiencing homelessness. allowing a broad range of housing types during a local emergency housing crisis. The range of allowable dwelling types includes manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses and moveable tiny houses.
Animal Hospital: A building where animals are given medical or surgical treatment for compensation and where the boarding of animals is incidental to such treatment. The designation “small animal hospital” shall indicate that such treatment shall be limited to dogs, cats, rabbits, birds and similar small animals. (Former Section INL#312-8; Ord. 519, Sec. 208, 5/11/65)
Animal Products Processing Plants: Buildings and premises for the preparation for wholesale distribution of animals or animal products, including but not limited to slaughter houses, fat rendering, tallow works, fertilizer plants, tanneries, seafood packing and canning, and distillation of bones. (Former Section INL#312-9; Ord. 519, Sec. 209, 5/11/65)
Automobile Repair:
a. Major. General repair, rebuilding or reconditioning of engines, including removal of same; motor vehicle, truck or trailer collision service, including body, frame or fender straightening or repair; over-all painting or paint shop. (Former Section INL#312-10(a); Ord. 519, Sec. 210, 5/11/65)
b. Minor. Upholstering, replacement of parts and motor service, not including removal of the motor, to passenger cars and trucks not exceeding one and one-half (1 2) tons capacity, but not including any operation under “automobile repair, major”. (Former Section INL#312-10; Ord. 519, Sec. 210(b), 5/11/65)
Automobile Service, Gas and/or Filling Station: A place which provides for the servicing, washing and/or fueling of operating motor vehicles, including minor repairs, and the sales of merchandise and supplies incidental thereto. (Former Section INL#312-11; Ord. 519, Sec. 211, 5/11/65) (Ord. 2166, § 31, 4/7/1998; Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 3, 9/1/2020; Ord. 2742, § 3, 8/20/2024; Ord. 2776, § 3, 11/4/2025; Ord. 2781, § 5, 1/13/2026) Your Selections
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Board of Supervisors: Board of Supervisors of the County of Humboldt. (Former Section INL#312-12; Ord. 519, Sec. 212, 5/11/65)
Board of Zoning Adjustment: “Board of Zoning Adjustment” means the office of Zoning Administrator. (Former Section INL#31213; Ord. 519, Sec. 213, 5/11/65; Amended by Ord. 946, 10/2/73)
Boarding House: A dwelling or part thereof where meals or meals and lodging are provided for compensation for three (3) or more persons, not transient. Also referred to as “Rooming House” in this Code. (Former Section INL#312-14; Ord. 519, Sec. 214, 5/11/65)
Building: Any roofed structure intended for use as human shelter, or shelter or enclosure for animals or property. When such a structure is divided into separate parts by one (1) or more unpierced walls extending from the ground or foundation up, each part is deemed a separate building (does not count towards minimum size yard requirements). See also, “Structure”. (Former Section CZ#A312-4; INL#312-15; Ord. 519, Sec. 215, 5/11/65)
a. Accessory. A detached subordinate building located on the same lot as the building or use to which it is accessory. The accessory building is incidental and subordinate to the use of the principal building or to the principal use of the lot. (Former Section CZ#A3124; INL#312-16(a); Ord. 519, Sec. 218, 5/11/65; Amended by Ord. 2214, 6/6/00)
b. Detached. Any accessory or main building that does not share at least ten (10) feet of a common wall with any other accessory or main building. (From Section CZ#A312-4; Added by Ord. 2214, 6/6/00)
c. Main. A building in which the principal use of the building site is conducted. (Former Section CZ#A312-4; INL#312-16(b); Ord. 519, Sec. 218, 5/11/65)
d. Site. One lot, or two (2) or more lots when used in combination for a building or permitted group of buildings, together with all yards and open spaces as required by these regulations. See also, Lot. (Former Section CZ#A312-4; INL#312-16(c); Ord. 519, Sec. 218, 5/11/65; Amended by Ord. 2214, 6/6/00))
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- Campground: (See Section 314 113.1, Special Occupancy Parks. See also, Camping Party.)
Camping Party: “Camping Party” has the same meaning as stated in Section 18203.2 of the California Health and Safety Code (Camping Party), which is a person or group of not more than 10 persons occupying a campsite for not more than 30 days annually. (Former Section INL#312-17.1; Added by Ord. 2166, Sec. 1, 4/7/98)
Cannabis Farm Stay: See “Farm Stay.”
Caretaker’s Residence: A Caretaker’s Residence refers to living quarters which are incidental to and under the same ownership as the principal use which is a nonresidential use. (Former Section INL#312-17.2; Added by Ord. 2166, Sec. 1, 4/7/98)
Cemetery: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes and including, but not limited to, columbariums, crematories, mausoleums, mortuaries and chapels when operated in conjunction with and within the boundary of such cemetery, and any activity or business designed for the benefit, service, convenience, education or spiritual uplift of property owners or persons visiting the cemetery when operated in conjunction with and within the boundary of the cemetery and which is compatible with the purpose of the cemetery and is incidental thereto. (Former Section INL#312-18; Ord. 519, Sec. 218, 5/11/65)
Childcare Facility: A facility that provides non-medical care and supervision of minor children for periods of less than twenty-four (24) hours and is licensed by the California State Department of Social Services, further subject to the definition in California Government Code Section 65915(h)(4). This includes, but is not limited to, infant centers, preschools, extended daycare facilities, and school-age childcare centers, but excludes family daycare homes.
Collector Road/Street: A medium order class of street designed to provide through-transit for moderate to large volumes of vehicles. In the hierarchy of street type classifications, collectors convey traffic from sub-collectors and local streets to arterial streets that in turn connect to highways or other regional controlled-access road facilities. (Also see, “Classification of Streets” in Division 4 of Title III of this Code.)
Combining Zone: (See Zone, Combining.)
Commercial Coach: A structure transportable in one (1) or more sections, designed and equipped for human occupancy for industrial, professional or commercial purposes, which is required to be moved under permit, and shall include a trailer coach. (See, Section 18218, Health and Safety Code, or any successor provision thereto). (From Section CZ#A312-5; Added by Ord. 2214, 6/6/00)
Commercial Residential: Commercial residential is a development that either consists of dwellings or a mixture of dwellings and commercial uses in accordance with Section 314-56.5.
Commission, Planning: The Planning Commission of the County of Humboldt, State of California. (Former Section INL#312-20; Ord. 519, Sec. 220, 5/11/65)
Community Care Facility: Community Care Facility includes all the use types defined in State law as community care facility (currently at Chapter 3 of the Health and Safety Code, commencing with Section 1500) and refers to any facility, place or building licensed by the State Department of Social Services, which is maintained and operated to provide nonmedical residential care, day care, or home-finding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons and abused or neglected children. Community care facilities providing these services for six (6) or fewer individuals shall be considered a residential use of the property for the purpose of zoning, except that supportive and transitional housing as defined in this Code are considered residential uses regardless of the number of individuals served. (See also, “Family Day Care Homes” and “Family Day Care Center”)
Consolidated Play Surface: Any impervious area, including but not limited to irrigated turf, or open space land suitable for informal recreation opportunities and/or informal sports activities. (See also, Open Space, Useable) (Former Section INL#312-21.3; Added by Ord. 2103, Sec. 1, 1/9/96)
Correlated Color Temperature: (Abbreviated “CCT”) In lighting refers to the warmth or coolness of a light source, measured in Kelvin (K), where lower numbers indicate warmer, yellowish light and higher numbers indicate cooler, bluer light.
Cottage Industry: (See Industrial Use Types, Cottage Industry, in Section D, Part 2: “Glossary of Use Types”.)
Court: An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings. (Former Section INL#312-19; Ord. 519, Sec. 219, 5/11/65) (Ord. 2214, 6/6/2000; Ord. 2472, § 1, 2/14/2012; Ord. 2703, § 6, 11/29/2022; Ord. 2721, § 3, 7/11/2023; Ord. 2732, § 3, 3/5/2024; Ord. 2747, § 3, 10/1/2024; Ord. 2767, § 3, 8/19/2025; Ord. 2776, § 3, 11/4/2025)
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Day Shelter: Any shelter operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization that provides a temporary shelter exclusively for the homeless without requiring occupants to sign leases or occupancy agreements. Day shelters shall be open less than twenty-four (24) hours a day; they may not provide overnight accommodations; and clients must be allowed to stay in the shelter for as many hours as it is open. No individual or household may be denied access to day shelter because of an inability to pay.
Density:
a.A means of describing the distribution of population over an area of land. Typically expressed as a number of dwelling units per a given acreage (examples: one (1) through seven (7) units per acre; or, one (1) dwelling per 20 acres). (Former Section INL#312-22.1(a); Added by Ord. 1661, Sec. 1, 10/30/84)
b.Density may be expressed as a density range (examples: five (5) through 20 acres per dwelling unit; or one (1) through seven (7) dwelling units per acre). Density does not set minimum parcel size; that is done by the zoning. (From Section INL#312-22.1(b); Added by Ord. 1661, Sec. 1, 10/30/84)
Density, Minimum Parcel Size: The smallest parcel size allowed by the plan or the zone (example: 40-acre minimums). (Former Section INL#312-22.1(c); Added by Ord. 1661, Sec. 1, 10/30/84)
Density, Planned:
a.The density anticipated to be achievable and appropriate for a given area; the density specified for the area in the General Plan. (Former Section INL#312-22.1(b); Added by Ord. 1661, Sec. 1, 10/30/84)
b.Sometimes planned density is expressed as a minimum parcel size, or range of minimum parcel sizes (examples: 40-acres minimum; or, 20 through 160 acres per parcel). (Former Section INL#312-22.1(b); Added by Ord. 1661, Sec. 1, 10/30/84)
Density Bonus: A density increase for residential units over the otherwise allowed residential density under the applicable zoning and land use designation on the date an application is deemed complete. (Modified by Ord. 2472, Sec. 1, 2/14/12)
Density Bonus Housing Agreement: A legally binding agreement between a developer and the County (Housing Authority or Planning Department) to ensure that the requirements of the residential density bonus section are satisfied. The agreement, among other things, shall establish: the number of target units, their size, location, terms and conditions of affordability, and production schedule. (See Section 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.)
Density Bonus Unit: Those additional residential units granted pursuant to the provisions of the residential density bonus section that exceed the otherwise maximum residential density for the development site.
Dependent Sleeping Unit: A hard-roof and sided structure providing at a minimum a room for living and sleeping that is not fully equipped with a kitchen area, shower, and toilet or sewage disposal system. A dependent sleeping unit may contain a toilet or sewage disposal system.
Dependent Unit Village: A grouping of three (3) or more dependent sleeping units and contains separate common facilities equipped with, but not limited to, kitchen areas, toilets, showers and bathrooms with running water. A dependent unit village is considered multifamily housing.
Distance Between Structures: The shortest horizontal distance measured between the vertical walls of two (2) structures. (Former Section INL#312-22; Ord. 519, Sec. 222, 5/11/65)
Dwelling:
a. Dwelling. Any building or portion thereof containing one (1) or more dwelling units designed or used exclusively as a residence or sleeping place for one (1) or more families, but not including a tent, cabin, boat, recreational vehicle, manufactured home, labor camp, hotel or motel. (Former Section INL#312-23(a); Ord. 519, Sec. 223, 5/11/65; Amended by Ord. 2166, Sec. 2, 4/7/98)
b. Dwelling, One (1) Family. A building containing exclusively one (1) dwelling unit. (Former Section INL#312-23(b); Ord. 519, Sec. 223, 5/11/65)
c. Dwelling, Two (2) Family or Duplex. A detached building under one roof, designed for or occupied exclusively by two (2) families living independently of each other. (Former Section INL#312-23(c); Ord. 519, Sec. 223, 5/11/65)
d. Dwelling, Multiple. A building or portion thereof containing three (3) or more dwelling units, including apartments and flats but excluding rooming and boarding houses, lodging houses, motels, manufactured home parks, hotels, fraternity or sorority houses and private residence clubs. (Former Section INL#312-23(d); Ord. 519, Sec. 223, 5/11/65)
Dwelling Unit: One (1) room, or a suite of two (2) or more rooms designed for, intended for, or used by one (1) family, which family lives, sleeps and cooks therein and which unit has one kitchen or kitchenette. (Former Section INL#312-24; Ord. 519, Sec. 224, 5/11/65) (Ord. 2472, § 1, 2/14/2012; Ord. 2719, § 5, 7/11/2023; Ord. 2743a, § 3, 8/20/2024; Ord. 2776, § 3, 11/4/2025) Your Selections
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Emergency Dependent Unit Village: A grouping of three (3) or more emergency sleeping cabins that are not equipped with a kitchen area, toilet, or sewage disposal system. This applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis. An emergency dependent unit village shall contain separate on-site common facilities that include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water.
Emergency Housing Villages: Allow for a broad range of housing types as emergency housing. This applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis. This includes emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Section 8698.4 addressing emergency housing upon declaration of a shelter crisis.
gency Housing Villages:** Allow for a broad range of housing types as emergency housing. This applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis. This includes emergency dependent unit villages and alternative lodge parks, and is allowable under Government Code Section 8698.4 addressing emergency housing upon declaration of a shelter crisis.
Emergency Shelter: Housing with or without supportive services for persons experiencing homelessness that is limited to occupancy of six (6) months or less, as defined in Section 50801(e) of the California Health and Safety Code. An emergency shelter may be the principal or an ancillary use on the lot. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelter operations may be seasonal or year-round, and must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. (Ord. 2335, 12/14/2004)
Emergency Sleeping Cabin: A hard roofed and sided structure providing a room for living and sleeping, not equipped with a kitchen area, toilet and sewage disposal system, and is allowable as emergency housing under Government Code 8698.4 addressing emergency housing upon declaration of a shelter crisis. This applies to any facility to be for persons experiencing homelessness for the duration of the shelter crisis. Emergency sleeping cabins shall meet the minimum requirements of the California Building Code (CBC), Appendix P104, Emergency Sleeping Cabins, and California Residential Code (CRC), Appendix AZ104, Emergency Sleeping Cabins, or subsequent appendices.
Emergency Vehicle: Self-propelled vehicle or trailer used in the discharge of the duties of public districts, agencies, or departments or privately owned public utilities responsible for fire prevention and control, policing, sanitation, sewage, drainage, flood control, and public utility maintenance and service. (Former Section INL#312-25; Ord. 519, Sec. 225, 5/11/65)
Equivalent Financial Incentive: “Equivalent Financial Incentive” means a monetary contribution, based upon a land cost per dwelling unit value, equal to one (1) of the following:
a.A Density Bonus and an Additional Incentive(s); or
b.A Density Bonus, where an Additional Incentive(s) is not requested or is determined to be unnecessary.
See, Section 314-112.1, Residential Density Bonus, for further discussion. (From Section INL#316.4-2(g); Added by Ord. 2166, Sec. 31, 4/7/98) (Ord. 2693, § 3, 6/7/2022; Ord. 2742, § 3, 8/20/2024)
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Family: A person living alone or a group of persons living together as a single non-profit housekeeping unit in a dwelling unit, as distinguished from a group occupying a boarding house, rooming house, lodging house, motel or hotel, fraternity or sorority house. (Former Section INL#312-26: Ord. 519, Sec. 226, 5/11/65; Amended by Ord. 2214, 6/6/00)
Family Day Care Center: Family Day Care Center refers to any facility which provides, to more than twelve (12) persons, nonmedical care, or personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four (24) hour basis. Such Day Care Centers are a residential use of the property. A conditional use permit shall be required for the establishment of such a center. (See also, “Community Care Facilities” and “Family Day Care Homes”.) (Former Section INL#312-26.1; Added by Ord. 1842, Sec. 2, 8/16/88)
Family Day Care Home: Family Day Care Home refers to any facility which provides, to twelve (12) or fewer children (including children who reside at the home), non-medical care, or personal services, supervision, or assistance for sustaining the activities of daily living or for the protection of the individual on a less than twenty-four hour basis. (See also, “Community Care Facility” and “Family Day Care Center”.) (Former Section INL#312-26.2; Added by Ord. 1842, Sec. 3, 8/16/88)
Farm Dwelling: A dwelling on farm premises for permanent residents of the farm, such as the owner, lessee, foreman, or others whose principal employment is the operation of the farm, as distinguished from quarters for seasonal labor. (Former Section INL#31227; Ord. 519, Sec. 227, 5/11/65)
Farm Stay: Farm stays are a form of short-term rental that provides activities and experiences that educate guests about local agriculture and are located on parcels where the primary use of the land is agriculture and where the owner, or farm tenant, resides on the property.
Flood: A general and temporary condition of partial or complete inundation of normally dry land areas as a result of the overflow of inland or tidal water and/or the unusual and rapid accumulation or run-off of surface waters from any source. (From Section CZ#A312-8; Added by Ord. 2214, 6/6/00)
Flood Plain: Flood plain is defined as the area subject to inundation by the 100 year or base flood, as shown on the FEMA Flood Insurance Rate Maps (FIRM). (Former Section INL#315-8.1(D); Added by Ord. 2205, Sec. 1, 4/11/00)
Floodway: Floodway is defined as the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot and can be specifically determined at a given location by the Building Division’s application of the County flood regulations. (Former Section INL#315-8.1(D); Added by Ord. 2205, Sec. 1, 4/11/00)
annel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot and can be specifically determined at a given location by the Building Division’s application of the County flood regulations. (Former Section INL#315-8.1(D); Added by Ord. 2205, Sec. 1, 4/11/00)
Floor Area: Floor area is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. (Former Section INL#312-27.1; Added by Ord. 1633, Sec. 2, 3/13/84)
Foot-Candle: (Abbreviated “fc”) A unit of illuminance defined as one (1) lumen per square foot.
Frog Farm: A place at which frogs are bred and raised for commercial purposes. (Ord. 2214, 6/6/2000)
Frontage: All the property on one side of a street between intersecting or intercepting streets, or between a street and right-of-way, water way end of a dead-end street or city boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. (Former Section INL#312-28; Ord. 519, Sec. 228, 5/11/65)
Fur Farm: A place at which fur-bearing animals, other than chinchillas, are bred and raised for commercial purposes, such as breeding stock or for the reclamation of pelts. (Former Section INL#312-29; Ord. 556, Sec. 1, 3/22/66) (Ord. 2732, § 3, 3/5/2024; Ord. 2748, § 3, 10/1/2024; Ord. 2767, § 3, 8/19/2025)
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Garage:
a. Private. An accessory building or a portion of a building designed for the storage of self-propelled passenger vehicles, camping trailers or boats belonging to the owners or occupants of the site and their guests, including covered parking space or carport. (Former Section INL#312-30(a); Ord. 519, Sec. 230, 5/11/65; Amended by Ord. 1633, 3/13/84)
b. Public. Any building or portion thereof or premises, except those herein defined as a private garage, used for the storage or care of self-propelled vehicles, trailers and boats or where any such are equipped for operation or repair or kept for remuneration and hire. (Former Section INL#312-30(b); Ord. 519, Sec. 230, 5/11/65; Amended by Ord. 1633, 3/13/84)
c. Storage. Any structure or portion thereof or premises, except those herein defined as private garages, used exclusively for the storage for remuneration or hire of self-propelled vehicles, trailers and boats. (Former Section INL#312-30(c); Ord. 519, Sec. 230, 5/11/65; Amended by Ord. 1633, 3/13/84)
Grade: The average of the finished ground level at the center of all walls of a building. (Former Section INL#312-30.1; Ord.)
a. Grade, Finished. The finished surface of the ground after grading for development. (Former Section INL#312-30.2)
b. Grade, Natural. The surface of the ground prior to grading for development. (Former Section INL#312-30.3)
Greenhouse: A facility for indoor propagation of plants, constructed with transparent or translucent panels. (See also, “Nurseries” and Section 314-69.1, Accessory Structures.)
Greenway Bench: A greenway bench is defined as a contiguous area within a Greenway and Open Space Zone containing at least 4,000 square feet of undisturbed slope less than 30% and located outside of Streamside Management setbacks. (See, Section 314-22.2, Greenway and Open Space Combining Zone.) (From Section 315-10(B); Ord. 2071, Sec. 1, 4/25/95)
Ground Coverage: See, Lot Coverage. (Former Section INL#312-31)
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Hearing Officer: “Hearing Officer” means the Director of the Community Development Services Department or the designee of the Director, Zoning Administrator, Planning Commission, or other designee. (Former Section INL#312-32; Ord. 946, Sec. 2, 10/2/73; Amended by Ord. 2214, 6/6/00)
Higher Order Street: (See, Classification of streets in Division 4 of this Title III of the Code.)
Hog Farm: Any premises used for the raising or keeping of three (3) or more hogs when raised, fed or fattened for purposes of sale and consumption by other than the owner of the site. In an agricultural zone, the term “hog farm” is not intended to otherwise preclude the raising of hogs as part of a general farming operation. (Former Section INL#312-33; Ord. 519, Sec. 232, 5/11/65)
Home Occupation: Any use which, as determined by the Planning Commission, is customarily carried on within a dwelling by the inhabitants thereof and which is clearly incidental and secondary to the residential use of the dwelling. Home occupations are subject to the Home Occupation Regulations in this Chapter. (Former Section INL#312-34; Ord. 519, Sec. 233, 5/11/65; Amended by Ord. 2166, Sec. 3, 4/7/98; Amended by Ord. 2214, 6/6/00)
Home-Share Rental: Short-term rental of a portion of a dwelling unit where the caretaker remains in residence.
Hotel: Any building or portion thereof containing living quarters or dwelling units and designed for or intended to be used by six (6) or more transient guests, whether the compensation or hire be paid directly or indirectly, and shall include resort hotel, lodging house, boarding house, rooming house, dormitory, residence club, fraternity, sorority and other similar uses. (Former Section INL#312-35; Ord. 519, Sec. 234, 5/11/65)
Housing Cost: Means the sum of actual or projected monthly payments for all of the following associated with for-sale Target Units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. See Section 314112.1, Residential Density Bonus, for further discussion. (From Section INL#316.4-2(h); Added by Ord. 2166, Sec. 31, 4/7/98)
Housing Development: A development project for five (5) or more residential units, inclusive of single-family, multifamily, and manufactured homes for sale or rent. This does not exclude mixed use developments that include the number of residential units described above. Within this chapter, it shall also include a subdivision or common interest development, a project which rehabilitates and converts a commercial building to a residential use and a condominium conversion of an existing multifamily building. (Ord. 2472, § 1, 2/14/2012; Ord. 2732, § 3, 3/5/2024; Ord. 2776, § 3, 11/4/2025)
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Incentives or Concessions: Regulatory concessions which include, but are not limited to, the reduction of site development standards or zoning code requirements, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable, financially sufficient, and actual cost reductions that are offered in addition to a density bonus. See also “Additional Incentives.”
ncessions which include, but are not limited to, the reduction of site development standards or zoning code requirements, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable, financially sufficient, and actual cost reductions that are offered in addition to a density bonus. See also “Additional Incentives.”
Incidental Camping Area: “Incidental Camping Area” has the same meaning as stated in Section 18208 of the California Health and Safety Code (Incidental Camping Area), which is any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes, and where two (2) or more campsites used for camping are rented or leased or held out for rent or lease. In addition to the development standards identified in Section 314-113.1, Special Occupancy Parks, the density of usage for incidental camping areas shall not exceed 25 camping parties within a radius of 265 feet from any campsite within the incidental camping area. (Former Section INL#312-35.1; Added by Ord. 2166, Sec. 4, 4/7/98)
Initial Subsidy: The fair market value of the home at the time of initial sale minus the initial sale price to the designated household, plus the amount of any down payment assistance or mortgage assistance. If, upon resale, the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value (e.g., X (fair market value of the home to be purchased) - Y (the price the moderate income family paid for the home) + Z (amount of any down payment assistance) = initial subsidy).
Instruction, Commercial: Schools or classes operated within a building to give instruction in any art, profession, trade or business, for compensation, and including but not limited to, instruction in cosmetology, hairdressing, barbering, bartending, music, dancing, typing, shorthand or other business skills, electronics or engineering. (Former Section INL#312-36; Ord. 519, Sec. 235, 5/11/65) (Ord. 2472, § 1, 2/14/2012; Ord. 2776, § 3, 11/4/2025)
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Junk Yard: (See, Wrecking and Salvage Yards)
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Kennel: Any premises, except those accessory to an agriculture use, where five (5) or more small domestic animals, not sick or injured, are boarded for compensation or cared for or trained for hire, or are kept for sale or breeding purposes. (Former Section INL#312-38; Ord. 519, Sec. 237, 5/11/65)
Kitchen or Kitchenette: Any space used or designated to be used for cooking and preparing food, whether the cooking unit be permanent or temporary and portable. (Former Section INL#312-39; Ord. 519, Sec. 238, 5/11/65)
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Labor Camp, Including Agricultural or Farm Labor Camp: Any living quarters, dwelling, boarding house, rooming house, tent, bunkhouse, manufactured home or other housing accommodation maintained in connection with any work or place where work is being performed, and the premises upon which they are situated, or the areas set aside and provided for camping of five (5) or more employees by a labor contractor. Labor camps shall also mean a labor supply camp, which is any place, area or piece of land where a person engages in the business of providing sleeping places or camping grounds for five (5) or more employees or prospective employees. Single-Family Residential also includes small-scale employee housing, as defined in subsection 314-47.3.7. (Former Section INL#312-40; Ord. 519, Sec. 239, 5/11/65)
Licensed Premises: Premises licensed by the Alcoholic Beverage Control Board of the State of California for the sale and consumption on the premises of alcoholic beverages. (Former Section INL#312-41; Ord. 519, Sec. 240, 5/11/65)
Light Fixture: A complete lighting unit consisting of a lamp or lamps, the lamp holder, reflector, lens, diffuser, ballast and/or other components and accessories, together with parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Sometimes referred to as a luminaire or light source.
Light Pollution: Any artificial light emitted into the atmosphere, either directly or indirectly, which may have a disruptive effect on natural cycles and inhibits the observation of stars and planets.
Light Trespass: Any artificial light emitted by a lighting installation which shines beyond the boundaries of the property on which the installation is sited. Including, but not limited to, any light from a light fixture onto neighboring property that interferes with viewing of the night sky or eliminates the ability to have darkness on the adjacent property, or shines into or onto neighboring windows, properties or structures.
ight emitted by a lighting installation which shines beyond the boundaries of the property on which the installation is sited. Including, but not limited to, any light from a light fixture onto neighboring property that interferes with viewing of the night sky or eliminates the ability to have darkness on the adjacent property, or shines into or onto neighboring windows, properties or structures.
Lighting Nuisance: Light pollution that significantly impacts or interferes with a person’s enjoyment of their property or their health. It can be caused by misdirected or excessive lighting, or light trespass from neighboring properties. A lighting nuisance must be a continual event. A one (1) time offensive activity is not sufficient to be deemed a lighting nuisance.
Living Quarters: One (1) or more rooms in a building designed, intended for or used by one ore more individuals for living or sleeping purposes, but which does not have cooking facilities. (Former Section INL#312-42; Ord. 519, Sec. 241, 5/11/65)
Lot: Either of the following:
(a) A parcel of contiguous real property shown as a delineated parcel of land with a number or other designation on a map of subdivision recorded in the Humboldt County Recorder’s office; or (From Section CZ#A312-14(a); Added by Ord. 2214, 6/6/00)
(b) A parcel of real property, not described in (A) above, that qualifies for a certificate of subdivision compliance pursuant to Government Code Section 66499.35. (From Section CZ#A312-14(b); Added by Ord. 2214, 6/6/00)
Lot Area: (See, Lot Size)
Lot, Corner: A lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street forming an interior angle of less than 135 degrees. (Former Section INL#312-43(b); Ord. 519, Sec. 242, 5/11/65)
Lot Coverage: The percentage of lot size covered by the vertical projection of any structure excluding any structure not extending above the grade. (Former Section INL#312-45.1)
Lot Depth: The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (Former Section 312-46; Ord. 519, Sec. 244, 5/11/65)
Lot, Double Frontage: A lot with both the front and rear lot lines abutting a road right-of-way. (See also, Lot, Through) (Former Section INL#312-46.1; Ord.)
Lot, Flag: Lots with a narrow frontage and a long driveway or strip of land connecting with a street. (Former Section INL#312-46.2; Ord.)
Lot, Interior: A lot other than a corner lot. (Former Section INL#312-43(c) and INL#312-46.3; Ord. 519, Sec. 242, 5/11/65; Amended by Ord.)
Lot, Key: The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot (exclusive of any alley) and fronting on the street which intersects or intercepts the street upon which the corner lot fronts. (Former Section INL#312-43(d); Ord. 519, Sec. 242, 5/11/65)
Lot Line: Any property line bounding a lot. When the definition of lot lines is not applicable due to irregularity in the shape of the lot, lot lines shall be determined by the Administrative Official subject to review by the Planning Commission. When a County road, street
or highway does not have a right-of-way of record, either by deed or map, the lot line shall be deemed to be twenty-five (25) feet from the center line of the traveled way. When a State highway does not have a right-of-way of record, either by deed or map, the lot line shall be deemed to be thirty (30) feet from the centerline of the traveled way. (Former Section INL#312-47(a); Added by Ord. 1848, Sec. 3, 9/13/88)
Lot Line, Exterior: A property line abutting a public or private road or street. (Former Section INL#312-47(b))
Lot Line, Front: The line separating the front of the lot from the street right-of-way. When a lot or building site is bounded by a public street and one(1) or more alleys or private easements or private streets, the front lot line shall be the lot line that is nearest to the public street. Where a lot fronts on a public road, street, or highway which does not have a right-of-way of record, refer to the definition of “lot line”. In the case of a flag lot, the front line shall include the lines or portion of lines necessary to ensure adequate vehicular turnaround as determined by the Director in conjunction with the Department of Public Works. (Former Section INL#31247(c); Added by Ord. 1848, Sec. 3, 9/13/88)
Lot Line, Rear: The record lot line most distant from and generally opposite the front lot line. Except: In the case of an interior triangular or wedge-shaped lot, it shall mean a straight line 10 feet in length which:
(1) is approximately parallel to the front lot line, and
(2) intersects the two (2) other lot lines at points most distant from the front lot line.
Where the rear lot line abuts a public road, street or highway which does not have a right-of-way of record, refer to the definition of “Lot Line” (Former Section INL#312-47(d); Added by Ord. 1848, Sec. 3, 9/13/88)
Lot Line, Side: Any lot line which is not a front lot line or rear lot line. Where a side lot line abuts a public road, street, or highway which does not have a right-of-way of record, refer to the definition of “Lot Line”. (Former Section INL#312-47(e); Added by Ord. 1848, Sec. 3, 9/13/88)
Lot, Manufactured Home: (See, Manufactured Home Lot)
Lot, Mobilehome: (See, Manufactured Home Lot)
Lot Size: The total area of a lot. For lots less than one (1) acre in size, lot size shall be the total area of a lot, exclusive of any street measured horizontally between bordering lot lines. (Former Section INL#312-45; Ord. 519, Sec. 243, 5/11/65; Amended by Ord. 1743, Sec. 1, 7/15/86)
Lot, Substandard: A “substandard lot” means a lot which has been lawfully separated from adjoining property by map or a metes and bounds description as on a deed but does not meet the standards required of a lot or building site. (Former Section INL#312-44; Added by Ord. 1068, Sec. 1, 1/3/76)
Lot, Through: A lot fronting on two (2) parallel or approximately parallel streets. (See also, Lot, Double Frontage) (From Section CZ#A312-14)
Lot Width: The horizontal distance between the side lot lines measured at right angles to the depth of the lot at the front yard set back line. Whenever this definition cannot be applied due to irregularity in the shape of the lot, the lot width shall be as determined by the Administrative Official subject to review by the Planning Commission. (Former Section INL#312-48; Ord. 519, Sec. 246, 5/11/65)
Low Barrier Navigation Center: A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry. No individual or household shall be denied shelter because of inability to pay. Navigation centers shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization. Navigation center as used in this chapter shall have the same meaning as Section 65660(a) of the California Government Code, and as this section may be amended.
Low Income Household: A household whose income does not exceed 80 percent of the area median income for Humboldt County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.
Lower Income: Eighty percent (80%) of the area median income for Humboldt County. (See also “Affordable Rent.” See also Section 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.)
Lower Income Household: Means households whose income does not exceed the lower income limits applicable to Humboldt County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. (See Section 314-112.1, Residential Density Bonus, for further discussion.) (From Section INL#316.4-2(j); Added by Ord. 2166, Sec. 31, 4/7/98)
Lower Income Student: Means a student who has a household income and asset level that does not exceed the level specified for Cal Grant A or Cal Grant B award recipients in Section 69432.7(k) of the California Education Code.
Lumen: A standard unit that measures the amount of visible light emitted by a light source. (Ord. 2166, § 31, 4/7/1998; Ord. 2472, § 1, 2/14/2012; Ord. 2719, § 5, 7/11/2023; Ord. 2767, § 3, 8/19/2025; Ord. 2776, § 3, 11/4/2025; Ord. 2781, § 5, 1/13/2026) Your Selections
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Manufactured Home: “Manufactured Home”, for purposes of this division, means a vehicle other than a motor vehicle which is designed and equipped for human habitation and for being drawn by a motor vehicle and which exceeds eight (8) feet in width or is forty (40) feet or greater in length and requires a Special Permit or chauffeur’s license, or both, to be moved upon public highways. “Manufactured home” does not include trailer, travel-trailer, camp trailer, trailer coach, house car, automobile trailer, or motorhome. The term, as used in this division, is synonymous with the term “mobilehome”. This definition is not intended to supersede or conflict with the California Health and Safety Code Section 18007 definition of this term. (Former Section INL#312-48.1; Added by Ord. 1633, Sec. 3, 3/13/84)
Manufactured Home Lot: An area or tract of land or portion of a manufactured home park designated or used for the occupancy of one manufactured home. (From Section CZ#A312-14)
Manufactured Home Park: “Manufactured Home Park” means any tract of land where two (2) or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes used for human habitation. The rental paid for any such manufactured home will be deemed to include rental for the lot it occupies.
The rental of one (1) or more manufactured homes or recreational vehicles is regulated by the State of California pursuant to Health and Safety Code Sections 18000-18897.7. (Former Section INL#312-50; Ord. 1086, Sec. 1, 7/13/76)
Maximum Residential Density: Means the maximum number of residential units permitted by the General Plan and Zoning Ordinance at the time of application, excluding the provisions of this Section. If the housing development is within a planned development overlay zone, the maximum residential density shall be determined on the basis of the general plan and the maximum density of the underlying zone. (See Section 314-112.1, Residential Density Bonus, for further discussion.) (From Section INL#316.42(k); Added by Ord. 2166, Sec. 31, 4/7/98)
Mini-Storage: One (1) or more buildings used for the storage of goods and materials within self-contained compartments by various users. Also referred to as self-storage.
Mobilehome: (See, “Manufactured Home.”) (Former Section INL#312-49; Ord. 1086, Sec. 1, 7/13/76)
Mobilehome Park: (See “Manufactured Home Park.”) (Former Section INL#312-50; Ord. 1086, Sec. 1, 7/13/76)
Moderate Income: Between eighty percent (80%) and one hundred twenty percent (120%) of the area median income for Humboldt County, adjusted for household size. (See Section 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.)
Moderate Income Household: A household whose gross income does not exceed the moderate income limits applicable to Humboldt County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.
Motel: A building or group of buildings comprising individual living quarters or dwelling units for the accommodation of transient guests which is designed so that parking is on the same building site and is conveniently accessible from the living units without having to pass through any lobby, and where luggage is moved between the parking area and living unit without necessarily having to pass through any lobby or interior court. This definition includes auto court, tourist court and motor hotel, but does not include accommodation for manufactured homes or recreational vehicles. (Former Section INL#312-51; Ord. 519, Sec. 248, 5/11/65; Amended by Ord. 2214, 6/6/00)
MOVEABLE TINY HOUSE
A structure no larger than four hundred (400) square feet intended for separate, independent living quarters, designed and built as a permanent, year-round residence for one (1) household that meets these six (6) conditions:
1.Is licensed and registered with the California Department of Motor Vehicles and meets National Fire Protection Association (NFPA) 1192 RV standards, or if certified after January 1, 2021, meets American National Standards Institute (ANSI) 119.5 Park Model standards. Certification must be made by a qualified third-party inspector accredited through American Society for Testing and Materials;
2.Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection, and is not designed to move under its own power;
3.Is no larger than allowed by California State Law for movement on public highways;
4.Has at least one hundred twenty (120) square feet of first floor interior living space;
5.Is a detached self-contained unit that includes basic functional areas that support normal daily routines such as cooking, sleeping, and sanitation; and
6.Substantially complies with local building, health, and safety codes as set forth in this Code so that it qualifies as a permanent dwelling. (Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 3, 9/1/2020; Ord. 2748, § 3, 10/1/2024; Ord. 2776, § 3, 11/4/2025) Your Selections
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Nonconforming Structure or Use: A “nonconforming use” means the lawful use of lands or a building lawfully existing on the effective date of these regulations or prior ordinances to the subject property although such building or use does not conform with the current regulations of this division, except as may be qualified by this Code. (Former Section INL#312-52; Ord. 1104, Sec. 1, 10/5/76; Amended by Ord. 1237, Sec. 1, 6/27/78; Amended by Ord. 1876, Sec. 2, 9/26/89)
Non-Restricted Unit: Means all units within a Housing Development excluding the Target Units. (See Section 314-112.1, Residential Density Bonus, for further discussion.) (From Section INL#316.4-2(l); Added by Ord. 2166, Sec. 31, 4/7/98)
Nuisance, Public: (See Public Nuisance.)
Nurseries: Buildings and premises for the propagation and display for retail sale of plants, vines, shrubs and trees, and the sale of horticultural materials when incidental thereto. (See also, Greenhouse.) (Former Section INL#312-53; Ord. 519, Sec. 250, 5/11/65; Amended by Ord. 2214, 6/6/00)
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Office:
a. Office, Business. An office which has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of clients or payments, and the keeping of records and accounts pertaining to the particular business. (Former Section INL#312-54(a); Ord. 519, Sec. 251, 5/11/65
b. Office, Professional.
An office from which and at which a doctor or other practitioner of healing arts, a dentist, lawyer, engineer, architect, accountant or similar professional person may offer services, and including medical or dental laboratories. (Former Section INL#312-54(b); Ord. 519, Sec. 251, 5/11/65)
Open Space Maintenance Zone: An assessment district, formed by entities with recreational authority, under the provisions of the Landscape and Lighting Act of 1972, to fund the maintenance of lands donated to the entity for recreational uses. (Former Section INL#312-54.1; Added by Ord. 2103, Sec. 2, 1/9/96)
Open Space, Useable: Useable Open Space describes a consolidated play surface, excluding buildings, streets, parking, landscape strips, and setbacks, dedicated permanently for recreational opportunities and/or informal sports activities through public ownership. (Also see, “Consolidated Play Surface.”) (Former Section INL#312-73; Added by Ord. 2103, Sec. 3, 1/9/96)
Owner: The person or persons, firm, corporation, or partnership holding legal or equitable title or recorded contract of purchase of property, or any person authorized by written instrument to act for the owner. (Former Section INL#312-55; Ord. 519, Sec. 252, 5/11/65)
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Parking, Adequate Off-Street: (See, Adequate Off-Street Parking. See also, Section 314-109.1, Off-Street Parking.)
Person: Any individual, public or private corporation, political subdivision, partnership, firm, trust or estate or any other legal entity whatsoever which is recognized in law as the subject of rights or duties. (Former Section INL#312-56; Ord. 519, Sec. 253, 5/11/65)
Planned Unit Development:
a.An integrated development located on a single building site, or on 2 or more building sites which may be separated only by a street or other right-of-way. This development technique permits variable parcel sizes but an overall density consistent with the gross densities permitted in the zone in order to provide development compatible with environmental, geologic or topographic features of a parcel. (Former Section INL#312-56.1; Added by Ord. 2166, Sec. 5, 4/7/98)
b.In such development, operation or a series of operations in accordance with a detailed, comprehensive plan encompassing such elements as the location of structures, the circulation pattern, parking facilities, open space, and utilities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of the persons occupying or utilizing the property. Planned Unit Developments are subject to the Planned Unit Development Regulations. (Former Section INL#312-56.1; Added by Ord. 2166, Sec. 5, 4/7/98)
- (See also, Section 314 31.1, Planned Development Zone.)
Planning Commission: (See Commission, Planning)
Principal Zone: (See Zone, Principal.)
Private Institution: The rooming or boarding of any aged or convalescent person, whether ambulatory or non-ambulatory, for which a license is required by a county, state or federal agency. Private institution shall include sanitarium, rest home and convalescent home. (Former Section INL#312-57; Ord. 519, Sec. 254, 5/11/65)
Proportionate Share of Appreciation: The ratio of the local government’s Initial Subsidy as defined above to the fair market value of the home at the time of initial sale. (e.g., X (initial subsidy) /Y (fair market value) = Proportionate Share of Appreciation). (Ord. 2472, § 1, 2/14/2012)
Public Nuisance: Any building or use operated or maintained contrary to the provisions of this Code shall be and the same hereby is declared to be a public nuisance and shall be subject to injunction and abatement as such. (From Section INL#319-3; Ord. 519, Sec. 803, 5/11/65; Added by Ord. 2214, 6/6/00)
Public Use: A use operated exclusively by a governmental agency or public agency which has the purpose of serving the public health, safety, convenience or general welfare, and including but not limited to such uses as schools, parks, playgrounds, educational, recreational and social facilities, libraries, museums, firehouses, courthouses, hospitals and administrative service facilities. Public use shall also include the operation of any foster home or shelter care home licensed by the County Welfare Department or designated by the County Probation Department or any court. (Former Section INL#312-58; Ord. 722, Sec. 1, 5/26/70)
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Qualifying Resident: Means senior citizens or other persons eligible to reside in Senior Citizen Housing. (See Section 314-112.1, Residential Density Bonus, for further discussion.) (From Section INL#316.4-2(m); Added by Ord. 2166, Sec. 31, 4/7/98)
Quasi-Public Use: A use operated by a private non-profit educational, religious, recreational, charitable, fraternal, or medical institution, association, or organization, and including but not limited to such uses as churches, private schools, universities, community recreational, educational and social facilities, meeting halls, private hospitals and the like. (Former Section INL#312-59; Ord. 519, Sec. 256, 5/11/65)
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Recreation:
a. Recreation Commercial. Recreation facilities open to the general public for a fee, or, if restricted to members when operated for profit as a business. (Former Section INL#312-60(a); Ord. 542, Sec. 2, 2/8/66; Amended by Ord. 1741, Sec. 1, 7/8/86)
b. Recreation, Private, Noncommercial. Clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization and their guests. (Former Section INL#312-60(b); Ord. 542, Sec. 2, 2/8/66; Amended by Ord. 1741, Sec. 1, 7/8/86)
c. Recreational Accommodations. Transient and tourist-related habitation that support on-site recreation activities such as dude ranches, ski lodges, health spas, transient habitation and other similar accommodations that provide recreation-related lodging to guests. (Former Section INL#312-60(c); Ord. 542, Sec. 2, 2/8/66; Amended by Ord. 1741, Sec. 1, 7/8/86)
Recreational Vehicle: “Recreational Vehicle” has the same meaning as stated in Section 18010 of the California Health and Safety Code (Recreational Vehicle). “Recreational Vehicle” is a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, which contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobes, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms. (Former Section INL#312-60.1; Added by Ord. 2166, Sec. 6, 4/7/98)
ck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, which contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobes, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms. (Former Section INL#312-60.1; Added by Ord. 2166, Sec. 6, 4/7/98)
Recreational Vehicle Park: “Recreational Vehicle Park” has the same meaning as stated in Section 18215 of the California Health and Safety Code (Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles or tents, and which are occupied for temporary purposes subject to the Recreational Vehicle Park Regulations in this Code. (Former Section INL#312-60.2; Added by Ord. 2166, Sec. 6, 4/7/98)
Residential Density Bonus: (See, Density Bonus. Also see, Section 314-112.1, Residential Density Bonus, for further discussion.)
Roadside Stand: A temporary structure designed or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located or produced upon other sites under the same ownership as that of the premises on which the stand is located. (Former Section INL#312-61; Ord. 519, Sec. 258, 5/11/65)
Rooming House: (See, Boarding House.) (Ord. 2732, § 3, 3/5/2024)
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Safe Parking Program: A program that provides homeless individuals and families living in a vehicle a safe place to park while accessing services to end their homelessness. No rent or fee may be charged. Occupancy is limited to six (6) months unless the program qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662. Safe parking may be the principal or an ancillary use on the lot. Safe parking programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
Safe Shelter Program: A program that provides homeless individuals and families a safe place to sleep in tents or other structures that meet California Building Code Appendix X, Emergency Housing Standards, while accessing services to end their homelessness. No rent may be charged. Occupancy is limited to six (6) months or less unless the program qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662. Safe shelter programs may be the principal or an ancillary use on the lot. Safe shelter programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
charged. Occupancy is limited to six (6) months or less unless the program qualifies as a low barrier navigation center under Government Code Sections 65660 and 65662. Safe shelter programs may be the principal or an ancillary use on the lot. Safe shelter programs must be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization.
Salvage Yard: (See, Wrecking and Salvage Yards)
Senior Citizen Housing Development: A residential development developed, substantially rehabilitated or renovated, and having at least thirty-five (35) dwelling units for senior citizens in compliance with the requirements of Section 51.3 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
Setback: A required specified distance between buildings or structures and a lot line or lines, measured perpendicularly in a horizontal plane extending across the complete length of said lot line or lines. Note: Placement of buildings, structures and vegetation along public roads is also regulated by Chapter 1 of Division 4 of Title III, Visibility Obstruction Regulations, Section 341-1, and following. (Former Section INL#312-62; Ord. 1234, Sec. 1, 6/13/78; Amended by Ord. 1848, Sec. 4, 9/13/88; Amended by Ord. 2214, 6/6/00)
Shielded: A light fixture having a housing or optics that prevents a direct view of the light source from normal viewing angles. Types of shielding include:
a. Fully Shielded. A lighting design where the light source is completely covered by a barrier, preventing any light from escaping upwards or sideways, ensuring that all illumination is directed downwards, minimizing light pollution, and light trespass.
b. Unshielded. A lighting design where there is no barrier covering the light source, which causes the light to spread out in all directions.
Short-Term Rental: Permitted or legal nonconforming dwelling units, rented to guests for thirty (30) consecutive days or fewer.
Short-Term Rental Caretaker: The person or persons that live in the subject dwelling unit, attend to day-to-day operations associated with the maintenance of the short-term rental and who are the point of contact for neighborhood concerns.
Short-Term Rental Permit Holder (“Permit Holder”): The person or persons that have control and responsibility for the short-term rental of a dwelling unit and that are responsible for ensuring compliance with all applicable laws and regulations.
Single-Room Occupancy Facility: A residential building or structure, or group of buildings or structures that contain one (1) or more single-room occupancy units.
Single-Room Occupancy Units: A living space within an SRO Facility with a minimum floor area of 150 square feet and a maximum of 400 square feet with access to kitchen and bathroom facilities. Kitchen and bathroom facilities may be wholly or partially included in each living space, or may be fully shared.
Special Occupancy Park: “Special Occupancy Park” has the same meaning as stated in Section 18216.1 of the California Health and Safety Code (Special Occupancy Park), which is a recreational vehicle park, temporary recreational vehicle park, incidental camping area, or tent camp. (See also, Section 314-113.1, Special Occupancy Parks.) (Former Section INL#312-62.1; Added by Ord. 2166, Sec. 7, 4/7/98)
Stable:
a. Stable, Private. A detached accessory building for the shelter of horses or similar hoofed animals for the use of the residents and their guests. (Former Section INL#312-63(a); Ord. 519, Sec. 260, 5/11/65)
b. Stable, Public. A stable other than a private stable where horses and other animals, used for recreational riding, performing, packing or similar purposes, are available for hire, or are sheltered or fed for compensation. Facilities for privately owned horses not sheltered or fed for compensation, horses less than 1 year of age, public horses kept exclusively for grazing purposes in open pasture, and horses
used for breeding purposes are not public stables. (Former Section INL#312-63(b); Ord. 519, Sec. 260, 5/11/65; Amended by Ord. 2188, Sec. 1, 2/9/99)
Street: A public or private right-of-way which provides a primary means of access to abutting property. (Former Section INL#312-64; Ord. 519, Sec. 261, 5/11/65)
Street Line: The boundary between a street right-of-way and abutting property. (Former Section INL#312-65; Ord. 519, Sec. 262, 5/11/65)
Structure: Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including swimming pools and signs, but excluding decks and platforms thirty (30) inches or less in height, signs three (3) feet or less in height, driveways, patios, or parking spaces where the area is unobstructed from the ground up, fences seven (7) feet or less in height, and for zoning setback purposes, retaining walls six (6) feet or less in height. (Building permits may be required for retaining walls.) Recreational vehicles used for human occupancy are considered structures. Decks and platforms thirty (30) inches or less in height must conform with setback standards of this code. Note: Placement of buildings, structures and vegetation along public roads is also regulated by Chapter 1 of Division 4 of Title III, Visibility Obstruction Regulations, Section 341-1, and following. (Former Section INL#312-66; Amended by Ord. 1848, Sec. 5, 9/13/88; Amended by Ord. 1876, Sec. 3, 9/26/89; Amended by Ord. 2166, Sec. 7, 4/7/98; Amended by Ord. 2214, 6/6/00)
Structural Alterations: Any change in the structural members of a building such as bearing walls, columns, beams or girders. (Former Section INL#312-67; Ord. 519, Sec. 264, 5/11/65)
Student Housing Development: A development that contains bedrooms containing two (2) or more bedspaces that have a shared or private bathroom, access to a shared or private living room, access to shared or private laundry facilities, and access to a shared or private kitchen.
Subordinate: Subordinate means of lesser bulk and less prominence as delineated by the combined effect of yard setbacks, ground coverage, height and form. (Former Section INL#312-67.1; Added by Ord. 1633, Sec. 5, 3/13/84)
Supportive Housing: Housing with no limit on the length of stay, that is occupied by the target population, and that is linked to onsite or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. (Ord. 1633, § 5, 3/13/1984; Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 3, 9/1/2020; Ord. 2693, § 3, 6/7/2022; Ord. 2721, § 3, 7/11/2023; Ord. 2732, § 3, 3/5/2024; Ord. 2748, § 3, 10/1/2024; Ord. 2767, § 3, 8/19/2025; Ord. 2776, § 3, 11/4/2025)
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Target Population: The target population, defined in California Government Code Section 65582(i), means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals with developmental disabilities who are eligible for services under the California Welfare and Institutions Code (commencing with Section 4500).
Target Unit: A dwelling unit within a housing development that will be reserved for sale or rent to, and affordable to, very low or lower income households, lower income students, transitional foster youth, disabled veterans, homeless persons, or qualifying residents, as identified in the density bonus housing agreement. In determining the maximum affordable rent or affordable sales price of target units the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations: (See below table.)
| TARGET UNITS | |
| UNIT SIZE | HOUSEHOLD SIZE |
| SRO(residential hotel)unit | 75% of 1person |
| 0 bedroom(studio) | 1person |
| 1 bedroom | 2persons |
| 2 bedroom | 3 persons |
| 3bedroom | 4 persons |
| 4bedroom | 6persons |
(See Section 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion. Also see “Affordable Rent,” “Affordable Sales Price,” “Qualifying Resident,” “Lower Income Household,” “Very Low Income Household.”)
Temporary Recreational Vehicle Park: “Temporary Recreational Vehicle Park” has the same meaning as stated in Section 18217 of the California Health and Safety Code (Temporary Recreational Vehicle Park), which is any area or tract of land or a separate designated section within a manufactured home park where one (1) or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles, and which is established for one occupancy not to exceed 11 consecutive days, and is then removed. (Former Section INL#312-67.2; Added by Ord. 2166, Sec. 8, 4/7/98)
Tent Camp: “Tent Camp” has the same meaning as stated in Title 25, California Code of Regulations, Section 2208 (Definitions - Tent Camp). “Tent Camps” are any area or tract of land where one (1) or more lots are rented or leased or held out for rent or lease for the exclusive use of camping parties. (Former Section INL#312-17, INL#312-67.3; Ord. 519, Sec. 217, 5/11/65; Amended by Ord. 2166; Sec. 8, 4/7/98; Amended by Ord. 2214, 6/6/00)
Timberland: “Timberland” means land other than land owned by the federal government which is available for and capable of growing a crop of trees or upon which there are trees of any commercial species used to produce lumber and other forest products. (Former Section INL#312-68; Ord. 1057, Sec. 1, 12/8/75)
Timber Production: “Timber production” means the cutting or removal or both of timber and solid wood forest products from timberlands for commercial purposes, together with all the work incidental thereto, including but not limited to construction and maintenance of roads, fuelbreaks, firebreaks, stream crossing, landings, skid trails, beds for the felling of trees, and fire hazard abatement. Timber production does not include cutting or removal of timber for creating building pads and access to a legal building site when such cutting or removal is approved as a part of the building and/or encroachment permit and removal of diseased and/or dangerous trees which have no commercial value. Removal or harvest of incidental vegetation from timberlands such as berries, ferns, greenery, mistletoe, herbs, and other products, which action cannot normally be expected to result in a threat to forest, air, water, or soil resources, does not constitute timber production. (Former Section INL#312-69; Ord. 1057, Sec. 2, 12/8/75; Amended by Ord. 1235, Sec. 2, 6/13/78)
Timber Products Processing Plants: Timber product processing plants are buildings and premises for the commercial processing of wood and wood products, including but not limited to sawmills, lumber mills and plywood mills, but not including pulp mills. Pulp mills shall be classified as heavy industrial uses and shall be permitted in the zones designed to accommodate such uses with a Use Permit. (Former Section INL#312-70; Ord. 542, Sec. 3, 2/8/66)
TINY HOUSE
A structure intended for separate, independent living quarters, designed as a permanent, year-round residence for one (1) household that:
1.Is built or installed on a permanent foundation or anchored with a foundation system meeting the State approved requirements for manufactured housing, or that is designed by a licensed architect or engineer to meet those requirements;
2.Is no larger than four hundred (400) square feet;
3.Has at least one hundred twenty (120) square feet of first floor interior living space;
4.Is a detached self-contained unit which includes basic functional areas that support normal daily routines such as cooking, sleeping, and sanitation.
Tiny House Village: A grouping of three (3) or more tiny houses or moveable tiny houses. A tiny house village would also include a dependent unit village with three (3) or more dependent sleeping units with central sanitary, cooking, and dining facilities. A tiny house village is considered multifamily housing and not a mobile home park, an RV park, or a special occupancy park.
Transient: When used in conjunction with boarding or lodging, it means services that are charged for in units of less than one (1) month and where the majority of people utilizing such services remain for periods of less than three (3) months. (Former Section INL#312-71; Ord. 519, Sec. 270, 5/11/65; Amended by Ord. 2166, Sec. 9, 4/7/98)
Transient Habitation: (See Commercial Use Types, Transient Habitation, in Section D, Part 2, Glossary of Use Types.)
Transitional Housing: Rental housing that operates under a rental assistance program with a period of at least six (6) months, but where the space is reoccupied by another program recipient after a set period. The housing may be integrated with other social services and counseling programs to assist in the transition to income and permanent housing.
Turkey Farm: A place at which turkeys are bred and raised for commercial purposes. (Added by Ord. 2214, 6/6/00 (Ord. 2116, § 31, 4/30/1996; Ord. 2335, 12/14/2004; Ord. 2472, § 1, 2/14/2012; Ord. 2650, § 3, 9/1/2020; Ord. 2721, § 3, 7/11/2023; Ord. 2743a, § 3, 8/20/2024; Ord. 2776, § 3, 11/4/2025)
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Use:
a. Use. The purpose for which either land or a structure thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained. (Former Section INL#312-72(a); Ord. 1104, Sec. 2, 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
b. Use, Accessory. A use legally permitted in the zone, which use is incidental to and subordinate to the principal use of the site or of a main building on the site and serving a purpose which does not change the character of the principal use. (Former Section INL#31272(b); Ord. 1104, Sec. 2, 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
c. Use, Conditional. A principal or accessory use of land or of structures thereon, which use may be essential or desirable to the public convenience or welfare in one (1) or more zones but which use may also impair the integrity and character of the zone or adjoining zone or be detrimental to the public health, morals or welfare unless additional restrictions on location and extent of use are imposed and enforced. Such use shall become a “principal permitted use” or “accessory permitted use” when all specific additional restrictions are completed and permanently satisfied in conformance with an approved Use Permit. Should such restrictions be of a continuing nature, the use will remain conditional so long as the restrictions are complied with, but shall become an illegal use whenever and so long as the restrictions are not complied with. (Former Section INL#312-72(c); Ord. 1104, Sec. 2, 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
d. Use, Principal Permitted. The primary use of land or of a main building which use is compatible with the purpose of the zone and which is permitted in the zone. If a use is listed in a specific zone as a principal permitted use, it means that the owner, lessee or other person who has legal right to use the land has a vested right to conduct such principal permitted use without securing special permission therefor, subject only to such general limitations as off-street parking and site plan approval which are generally applied to all uses in that zone. (Former Section INL#312-72(d); Ord. 1104, Sec. 2, 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
Useable Open Space: (See “Open Space, Useable”)
Undisturbed Slope: An undisturbed slope is defined as a slope in its natural state which has never been filled or graded, except where such grading has been granted previous County or State approval. (For more information on undisturbed slopes, greenway benches and open space, see Section 314-22.2, Greenway and Open Space Combining Zone.) (From Section INL#315-10.4(D)(1); Added by Ord. 2071, Sec. 1, 4/25/95)
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Very Low Income: Fifty percent (50%) of the area median income for Humboldt County, adjusted for household size. (Also see Section 314-112.1, Residential Density Bonus and Other Developer Incentives, for further discussion.)
Very Low Income Household: A household whose income does not exceed 50 percent of the area median income for Humboldt County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. (From Section INL#316.4-2(p); Added by Ord. 2166, Sec. 31, 4/7/98; Modified by Ord. 2472, Sec. 1, 2/14/12) (Ord. 2166, § 31, 4/7/1998; Ord. 2732, § 3, 3/5/2024; Ord. 2776, § 3, 11/4/2025)
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Wrecking and Salvage Yards: A wrecking and salvage yard is any aggregate area of more than 200 square feet within any parcel, lot or contiguous lots of real property which is used as a place where imported waste, inoperable machinery, inoperable motor vehicles, or discarded or salvaged materials are disassembled, handled, placed, processed, baled, packaged or stored. The term “wrecking and salvage yard” includes, but is not limited to, auto and trailer wrecking yards, other wrecking yards, scrap metal yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel material and equipment. Any of the activities or conditions that would otherwise be a wrecking and salvage yard shall not constitute a wrecking or salvage yard if conducted entirely within a completely enclosed building. The term “wrecking and salvage yard” does not does not include areas used for the sale or storage of operable automobiles, tractors, farm machinery, house trailers or boats. The term “wrecking or salvage yard” also does not include areas used for the salvage of materials incidental to and used in manufacturing or farm operations, provided such salvage of materials takes place where the manufacturing or farming is done. (For more information on wrecking and salvage yards, see Chapter 1 of Title III, Division 7 of these regulations.) (Former Section INL#312-37; From Section 371-1; Ord. 542, Sec. 1, 2/8/66; Amended by Ord. 2214, 6/6/00)
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(Section Reserved for Future Use)
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Yard:
a. Yard. An open space other than a court, which is unoccupied and unobstructed from the ground upward except for landscaping or as specified elsewhere in this Code, but not including any portion of any street, alley or road right-of-way except as specified elsewhere in this Code. (Former Section INL#312-74(a); Ord. 1234, Sec. 2, 6/13/78; Amended by Ord. 1848, Sec. 7, 9/13/88 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
b. Yard, Front. A yard of uniform depth extending across the full width of the lot between the front lot line and the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto. The front yard of a corner lot is the yard adjacent to the shorter street frontage. (Former Section INL#312-74(b); Ord. 1234, Sec. 2, 6/13/78; Amended by Ord. 1848, Sec. 7, 9/13/88 10/5/76; Amended by Ord. 2166, Sec. 9, 4/7/98)
c. Yard, Rear. A yard of uniform depth extending across the full width of the lot between the rear lot line and the nearest vertical support or wall of the main building or enclosed or covered porch attached thereto, except that the rear yard of a corner lot extends to the side yard adjacent to the street. (Former Section INL#312-74(c); Ord. 1234, Sec. 2, 6/13/78; Amended by Ord. 1848, Sec. 7, 9/13/88; Amended by Ord. 2166, Sec. 9, 4/7/98)
d. Yard, Side. A yard on each side of the main building extending from the front yard to the rear yard, the width of each yard being measured between the side line on the lot and the nearest vertical support or main wall of each building or enclosed or covered porch attached thereto. A side yard on the street side of a corner lot shall extend from the front yard to the rear lot line. (Former Section INL#312-74(d); Ord. 1234, Sec. 2, 6/13/78; Amended by Ord. 1848, Sec. 7, 9/13/88; Amended by Ord. 2166, Sec. 9, 4/7/98)
Yard, Salvage: (See, Wrecking and Salvage Yards)
Yard, Wrecking: (See, Wrecking and Salvage Yards)
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Zone: A portion of the territory of the County of Humboldt within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this Code. The word “zone” shall include the word “district”. (Former Section INL#312-75; Ord. 519, Sec. 274, 5/11/65; Amended by Ord. 2166, Sec. 9, 4/7/98)
a. Principal. The first zone designation applied to a lot or piece of property, which designates the principally permitted uses on the property. The zoning designations are found on the zoning maps. (Ord. 2214, 6/6/2000)
b. Combining. This is an additional zoning designation applied to some (but not all) properties. Combining zones are indicated on the zoning maps. A combining zone modifies the allowed land use in some way when necessary for sound and orderly planning. For example, lot area and yard requirements of any Principal Zone may be modified by addition of the “B” Combining Zone. (Ord. 2214, 6/6/2000)
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Note: This section is new and is based on the format used in Coastal Zone regulations using text from non-coastal regulations. Currently, use types are referred to in Chapter 4 for the following zones: C-3: Industrial Commercial; MB: Business Park; RA: Rural Residential Agriculture; and F: Flood Hazard Combining.
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The purpose of these provisions is to classify uses of property into a limited number of use types on the basis of common functional, product, or compatibility characteristics. The desired result is to provide a basis for regulation of uses in accordance with criteria which are directly relevant to the public interest. These provisions apply throughout the County. (From Section CZ#A313-1; Added by Ord. 2214, 6/6/00)
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163.1All uses are classified into the following use types. Use types are described and defined in the Glossary of Use Types, below. 163.1.1 Agricultural Use Types. General Agriculture (allowed in RA) Intensive Agriculture (allowed in RA) Stables and Kennels (allowed in RA) 163.1.2 Civic Use Types. Administrative (allowed in MB) Community Assembly (allowed in C-3, RA) Electrical Distribution Lines, Major (allowed in RA) Essential Services (allowed in RA) Extensive Impact Civic Uses (prohibited in F) Generation and Distribution Facilities, Minor (allowed in RA) Health Care Services (prohibited in F) Oil and Gas Pipelines (allowed in RA) Public Recreation and Open Spaces (allowed in RA) Solid Waste Disposal (allowed in RA; prohibited in F) Utilities, Minor (allowed in RA) 163.1.3 Commercial Use Types. Automotive Sales, Service and Repair (allowed in C-3) Heavy Commercial (allowed in C-3) Mini-Storage (allowed in C-3, MB, and ML) Neighborhood Commercial (allowed in C-3, RA) Office and Professional Service (allowed in C-3, MB) Private Recreation (allowed in RA) Retail Sales (allowed in C-3, MB) Retail Service (allowed in C-3, MB) Transient Habitation (allowed in MB) Warehousing, Storage and Distribution (allowed in C-3, MB) 163.1.4 Commercial Timber Use Types. Timber Production (allowed in RA) 163.1.5 Extractive Use Types. Surface Mining - 2 (allowed in RA) 163.1.6 Industrial Use Types. Cottage Industry (allowed in C-3, RA) Research/Light Industrial (allowed in C-3, MB) Hazardous Industrial (prohibited in F) 163.1.7 Natural Resource Use Types. Fish and Wildlife Management (allowed in RA) Watershed Management (allowed in RA) Wetland Restoration (allowed in RA)
163.1.8 Residential Use Types. Commercial Residential (allowed in C-1, C-2, C-3, CH, and MB)
Guest House (allowed in RA)
Manufactured Home Park (prohibited in F)
Residential Uses Subordinate to the Permitted Use (allowed in C-3)
Accessory Dwelling Unit
Single-Family Residence (allowed in RA) (Ord. 2650, § 6, 9/1/2020; Ord. 2732, § 4, 3/5/2024; Ord. 2747, § 4, 10/1/2024; Ord. 2748, § 3, 10/1/2024)
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163.1All uses are classified into the following use types. Use types are described and defined in the Glossary of Use Types, below. 163.1.1 Agricultural Use Types. General Agriculture (allowed in RA) Intensive Agriculture (allowed in RA) Stables and Kennels (allowed in RA) 163.1.2 Civic Use Types. Administrative (allowed in MB) Community Assembly (allowed in C-3, RA) Electrical Distribution Lines, Major (allowed in RA) Essential Services (allowed in RA) Extensive Impact Civic Uses (prohibited in F) Generation and Distribution Facilities, Minor (allowed in RA) Health Care Services (prohibited in F) Oil and Gas Pipelines (allowed in RA) Public Recreation and Open Spaces (allowed in RA) Solid Waste Disposal (allowed in RA; prohibited in F) Utilities, Minor (allowed in RA) 163.1.3 Commercial Use Types. Automotive Sales, Service and Repair (allowed in C-3) Heavy Commercial (allowed in C-3) Mini-Storage (allowed in C-3, MB, and ML) Neighborhood Commercial (allowed in C-3, RA) Office and Professional Service (allowed in C-3, MB) Private Recreation (allowed in RA) Retail Sales (allowed in C-3, MB) Retail Service (allowed in C-3, MB) Transient Habitation (allowed in MB) Warehousing, Storage and Distribution (allowed in C-3, MB) 163.1.4 Commercial Timber Use Types. Timber Production (allowed in RA) 163.1.5 Extractive Use Types. Surface Mining - 2 (allowed in RA) 163.1.6 Industrial Use Types. Cottage Industry (allowed in C-3, RA) Research/Light Industrial (allowed in C-3, MB) Hazardous Industrial (prohibited in F) 163.1.7 Natural Resource Use Types. Fish and Wildlife Management (allowed in RA) Watershed Management (allowed in RA) Wetland Restoration (allowed in RA)
163.1.8 Residential Use Types. Commercial Residential (allowed in C-1, C-2, C-3, CH, and MB)
Guest House (allowed in RA)
Manufactured Home Park (prohibited in F)
Residential Uses Subordinate to the Permitted Use (allowed in C-3)
Accessory Dwelling Unit
Single-Family Residence (allowed in RA) (Ord. 2650, § 6, 9/1/2020; Ord. 2732, § 4, 3/5/2024; Ord. 2747, § 4, 10/1/2024; Ord. 2748, § 3, 10/1/2024)
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Agricultural use types include the on-site production of plant and animal products by agricultural methods. The following are agricultural use types:
170.1 GENERAL AGRICULTURE
The General Agriculture Use Type includes cultivation of food and fiber such as field and tree crops, dairying, pasturage, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including feed lots, stockyards, slaughterhouses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. General Agriculture also includes large-scale employee housing, as defined in subsection 314-47.3.8. (From Section CZ#A313-9(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
170.2 INTENSIVE AGRICULTURE
Any premises used solely or primarily for the raising or keeping of animals such as fur bearers, frogs, or turkeys, when raised, fed or fattened for the purpose of sale and/or consumption by other than the owner of the site. (From Section CZ#A313-9(G); Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
170.3 STABLES AND KENNELS
The Stables and Kennels Use Type refers to raising and keeping of dogs or horses (or similar hoofed animals) for hire or animals boarded and fed for compensation. (See “Stable” and “Kennel” in Section C: “Index of Definitions of Language and Legal Terms.”) (From Section CZ#A313-9(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2781, § 4, 1/13/2026)
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Agricultural use types include the on-site production of plant and animal products by agricultural methods. The following are agricultural use types:
170.1 GENERAL AGRICULTURE
The General Agriculture Use Type includes cultivation of food and fiber such as field and tree crops, dairying, pasturage, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including feed lots, stockyards, slaughterhouses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. General Agriculture also includes large-scale employee housing, as defined in subsection 314-47.3.8. (From Section CZ#A313-9(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
170.2 INTENSIVE AGRICULTURE
Any premises used solely or primarily for the raising or keeping of animals such as fur bearers, frogs, or turkeys, when raised, fed or fattened for the purpose of sale and/or consumption by other than the owner of the site. (From Section CZ#A313-9(G); Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
170.3 STABLES AND KENNELS
The Stables and Kennels Use Type refers to raising and keeping of dogs or horses (or similar hoofed animals) for hire or animals boarded and fed for compensation. (See “Stable” and “Kennel” in Section C: “Index of Definitions of Language and Legal Terms.”) (From Section CZ#A313-9(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2781, § 4, 1/13/2026)
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Agricultural use types include the on-site production of plant and animal products by agricultural methods. The following are agricultural use types:
170.1 GENERAL AGRICULTURE
The General Agriculture Use Type includes cultivation of food and fiber such as field and tree crops, dairying, pasturage, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including feed lots, stockyards, slaughterhouses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. General Agriculture also includes large-scale employee housing, as defined in subsection 314-47.3.8. (From Section CZ#A313-9(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
170.2 INTENSIVE AGRICULTURE
Any premises used solely or primarily for the raising or keeping of animals such as fur bearers, frogs, or turkeys, when raised, fed or fattened for the purpose of sale and/or consumption by other than the owner of the site. (From Section CZ#A313-9(G); Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
170.3 STABLES AND KENNELS
The Stables and Kennels Use Type refers to raising and keeping of dogs or horses (or similar hoofed animals) for hire or animals boarded and fed for compensation. (See “Stable” and “Kennel” in Section C: “Index of Definitions of Language and Legal Terms.”) (From Section CZ#A313-9(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2781, § 4, 1/13/2026)
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Agricultural use types include the on-site production of plant and animal products by agricultural methods. The following are agricultural use types:
170.1 GENERAL AGRICULTURE
The General Agriculture Use Type includes cultivation of food and fiber such as field and tree crops, dairying, pasturage, tree farming, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, but not including feed lots, stockyards, slaughterhouses, hog farms, fur farms, turkey farms, frog farms, fertilizer works or plants for the reduction of animal matter. General Agriculture also includes large-scale employee housing, as defined in subsection 314-47.3.8. (From Section CZ#A313-9(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
170.2 INTENSIVE AGRICULTURE
Any premises used solely or primarily for the raising or keeping of animals such as fur bearers, frogs, or turkeys, when raised, fed or fattened for the purpose of sale and/or consumption by other than the owner of the site. (From Section CZ#A313-9(G); Ag Zone Amendments approved by the Humboldt County Board of Supervisors on 2/9/99; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
170.3 STABLES AND KENNELS
The Stables and Kennels Use Type refers to raising and keeping of dogs or horses (or similar hoofed animals) for hire or animals boarded and fed for compensation. (See “Stable” and “Kennel” in Section C: “Index of Definitions of Language and Legal Terms.”) (From Section CZ#A313-9(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2781, § 4, 1/13/2026)
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types:
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section INL#314-44(a)(4); Ord. 1800, 6/23/87)
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section INL#314-38(b)(5); Ord. 1801, 6/23/87)
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section INL#314-38(b)(5)(1); Ord. 1801, 6/23/87)
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section INL#314-38(b)(5) (2); Ord. 1801, 6/23/87)
171.2.3Public swimming pools. (Former Section INL#314-38(b)(5)(3); Ord. 1801, 6/23/87)
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include:
(From Section CZ#A313-6(B)(1-7); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5.1Fire and police stations;
171.5.2Ambulance services;
171.5.3Post offices, excluding major processing centers;
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards;
171.5.5Community wells, water storage tanks, and associated water treatment facilities.
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields.
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (From Section CZ#A313-6(H)(1-10); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.6.1Airports, heliports, and helistops;
171.6.2Railroad stations;
171.6.3Bus Depots;
171.6.4Publicly operated parking garages;
171.6.5Water and wastewater treatment plants;
171.6.6Cemeteries, mausoleums, crematoriums and columbariums
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities;
171.6.8Military installations;
171.6.9Electrical power plants operated by a government entity or public utility;
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility.
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than five (5) megawatts) and accessory structures and utility lines; and radio and television transmission antennas, equipment installations and exchanges, and substations.
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (From Section CZ#A313-6(K); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8 HEALTH CARE SERVICES
(From Section CZ#A313-6(G)(1-4); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions:
171.8.1.1Health and medical clinics;
171.8.1.2Hospitals;
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases;
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care.
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities in Section C, Index of Definitions of Language and Legal Terms.)
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (From Section CZ#A313-6(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (From Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11 SOLID WASTE DISPOSAL
(From Section CZ#A313-6(I); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1the disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and
171.11.1.2liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites.
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1sewage collected and treated in a sewerage system; or
171.11.2.2materials or substances having commercial value that have been salvaged for reuse, recycling or resale.
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (From Section CZ#A313-6(J); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2703, § 7, 11/29/2022)
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types:
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section INL#314-44(a)(4); Ord. 1800, 6/23/87)
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section INL#314-38(b)(5); Ord. 1801, 6/23/87)
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section INL#314-38(b)(5)(1); Ord. 1801, 6/23/87)
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section INL#314-38(b)(5) (2); Ord. 1801, 6/23/87)
171.2.3Public swimming pools. (Former Section INL#314-38(b)(5)(3); Ord. 1801, 6/23/87)
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include:
(From Section CZ#A313-6(B)(1-7); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5.1Fire and police stations;
171.5.2Ambulance services;
171.5.3Post offices, excluding major processing centers;
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards;
171.5.5Community wells, water storage tanks, and associated water treatment facilities.
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields.
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (From Section CZ#A313-6(H)(1-10); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.6.1Airports, heliports, and helistops;
171.6.2Railroad stations;
171.6.3Bus Depots;
171.6.4Publicly operated parking garages;
171.6.5Water and wastewater treatment plants;
171.6.6Cemeteries, mausoleums, crematoriums and columbariums
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities;
171.6.8Military installations;
171.6.9Electrical power plants operated by a government entity or public utility;
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility.
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than five (5) megawatts) and accessory structures and utility lines; and radio and television transmission antennas, equipment installations and exchanges, and substations.
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (From Section CZ#A313-6(K); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8 HEALTH CARE SERVICES
(From Section CZ#A313-6(G)(1-4); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions:
171.8.1.1Health and medical clinics;
171.8.1.2Hospitals;
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases;
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care.
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities in Section C, Index of Definitions of Language and Legal Terms.)
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (From Section CZ#A313-6(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (From Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11 SOLID WASTE DISPOSAL
(From Section CZ#A313-6(I); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1the disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and
171.11.1.2liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites.
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1sewage collected and treated in a sewerage system; or
171.11.2.2materials or substances having commercial value that have been salvaged for reuse, recycling or resale.
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (From Section CZ#A313-6(J); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2703, § 7, 11/29/2022)
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types:
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section INL#314-44(a)(4); Ord. 1800, 6/23/87)
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section INL#314-38(b)(5); Ord. 1801, 6/23/87)
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section INL#314-38(b)(5)(1); Ord. 1801, 6/23/87)
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section INL#314-38(b)(5) (2); Ord. 1801, 6/23/87)
171.2.3Public swimming pools. (Former Section INL#314-38(b)(5)(3); Ord. 1801, 6/23/87)
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include:
(From Section CZ#A313-6(B)(1-7); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5.1Fire and police stations;
171.5.2Ambulance services;
171.5.3Post offices, excluding major processing centers;
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards;
171.5.5Community wells, water storage tanks, and associated water treatment facilities.
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields.
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (From Section CZ#A313-6(H)(1-10); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.6.1Airports, heliports, and helistops;
171.6.2Railroad stations;
171.6.3Bus Depots;
171.6.4Publicly operated parking garages;
171.6.5Water and wastewater treatment plants;
171.6.6Cemeteries, mausoleums, crematoriums and columbariums
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities;
171.6.8Military installations;
171.6.9Electrical power plants operated by a government entity or public utility;
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility.
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than five (5) megawatts) and accessory structures and utility lines; and radio and television transmission antennas, equipment installations and exchanges, and substations.
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (From Section CZ#A313-6(K); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8 HEALTH CARE SERVICES
(From Section CZ#A313-6(G)(1-4); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions:
171.8.1.1Health and medical clinics;
171.8.1.2Hospitals;
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases;
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care.
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities in Section C, Index of Definitions of Language and Legal Terms.)
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (From Section CZ#A313-6(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (From Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11 SOLID WASTE DISPOSAL
(From Section CZ#A313-6(I); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1the disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and
171.11.1.2liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites.
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1sewage collected and treated in a sewerage system; or
171.11.2.2materials or substances having commercial value that have been salvaged for reuse, recycling or resale.
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (From Section CZ#A313-6(J); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2703, § 7, 11/29/2022)
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types:
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section INL#314-44(a)(4); Ord. 1800, 6/23/87)
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section INL#314-38(b)(5); Ord. 1801, 6/23/87)
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section INL#314-38(b)(5)(1); Ord. 1801, 6/23/87)
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section INL#314-38(b)(5) (2); Ord. 1801, 6/23/87)
171.2.3Public swimming pools. (Former Section INL#314-38(b)(5)(3); Ord. 1801, 6/23/87)
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include:
(From Section CZ#A313-6(B)(1-7); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5.1Fire and police stations;
171.5.2Ambulance services;
171.5.3Post offices, excluding major processing centers;
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards;
171.5.5Community wells, water storage tanks, and associated water treatment facilities.
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields.
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (From Section CZ#A313-6(H)(1-10); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.6.1Airports, heliports, and helistops;
171.6.2Railroad stations;
171.6.3Bus Depots;
171.6.4Publicly operated parking garages;
171.6.5Water and wastewater treatment plants;
171.6.6Cemeteries, mausoleums, crematoriums and columbariums
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities;
171.6.8Military installations;
171.6.9Electrical power plants operated by a government entity or public utility;
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility.
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than five (5) megawatts) and accessory structures and utility lines; and radio and television transmission antennas, equipment installations and exchanges, and substations.
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (From Section CZ#A313-6(K); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8 HEALTH CARE SERVICES
(From Section CZ#A313-6(G)(1-4); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions:
171.8.1.1Health and medical clinics;
171.8.1.2Hospitals;
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases;
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care.
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities in Section C, Index of Definitions of Language and Legal Terms.)
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (From Section CZ#A313-6(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (From Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11 SOLID WASTE DISPOSAL
(From Section CZ#A313-6(I); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1the disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and
171.11.1.2liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites.
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1sewage collected and treated in a sewerage system; or
171.11.2.2materials or substances having commercial value that have been salvaged for reuse, recycling or resale.
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (From Section CZ#A313-6(J); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2703, § 7, 11/29/2022)
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types:
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section INL#314-44(a)(4); Ord. 1800, 6/23/87)
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section INL#314-38(b)(5); Ord. 1801, 6/23/87)
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section INL#314-38(b)(5)(1); Ord. 1801, 6/23/87)
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section INL#314-38(b)(5) (2); Ord. 1801, 6/23/87)
171.2.3Public swimming pools. (Former Section INL#314-38(b)(5)(3); Ord. 1801, 6/23/87)
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include:
(From Section CZ#A313-6(B)(1-7); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5.1Fire and police stations;
171.5.2Ambulance services;
171.5.3Post offices, excluding major processing centers;
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards;
171.5.5Community wells, water storage tanks, and associated water treatment facilities.
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields.
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (From Section CZ#A313-6(H)(1-10); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.6.1Airports, heliports, and helistops;
171.6.2Railroad stations;
171.6.3Bus Depots;
171.6.4Publicly operated parking garages;
171.6.5Water and wastewater treatment plants;
171.6.6Cemeteries, mausoleums, crematoriums and columbariums
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities;
171.6.8Military installations;
171.6.9Electrical power plants operated by a government entity or public utility;
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility.
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than five (5) megawatts) and accessory structures and utility lines; and radio and television transmission antennas, equipment installations and exchanges, and substations.
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (From Section CZ#A313-6(K); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8 HEALTH CARE SERVICES
(From Section CZ#A313-6(G)(1-4); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions:
171.8.1.1Health and medical clinics;
171.8.1.2Hospitals;
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases;
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care.
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities in Section C, Index of Definitions of Language and Legal Terms.)
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (From Section CZ#A313-6(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (From Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11 SOLID WASTE DISPOSAL
(From Section CZ#A313-6(I); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1the disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and
171.11.1.2liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites.
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1sewage collected and treated in a sewerage system; or
171.11.2.2materials or substances having commercial value that have been salvaged for reuse, recycling or resale.
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (From Section CZ#A313-6(J); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2703, § 7, 11/29/2022)
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types:
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section INL#314-44(a)(4); Ord. 1800, 6/23/87)
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section INL#314-38(b)(5); Ord. 1801, 6/23/87)
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section INL#314-38(b)(5)(1); Ord. 1801, 6/23/87)
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section INL#314-38(b)(5) (2); Ord. 1801, 6/23/87)
171.2.3Public swimming pools. (Former Section INL#314-38(b)(5)(3); Ord. 1801, 6/23/87)
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include:
(From Section CZ#A313-6(B)(1-7); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5.1Fire and police stations;
171.5.2Ambulance services;
171.5.3Post offices, excluding major processing centers;
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards;
171.5.5Community wells, water storage tanks, and associated water treatment facilities.
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields.
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (From Section CZ#A313-6(H)(1-10); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.6.1Airports, heliports, and helistops;
171.6.2Railroad stations;
171.6.3Bus Depots;
171.6.4Publicly operated parking garages;
171.6.5Water and wastewater treatment plants;
171.6.6Cemeteries, mausoleums, crematoriums and columbariums
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities;
171.6.8Military installations;
171.6.9Electrical power plants operated by a government entity or public utility;
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility.
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than five (5) megawatts) and accessory structures and utility lines; and radio and television transmission antennas, equipment installations and exchanges, and substations.
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (From Section CZ#A313-6(K); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8 HEALTH CARE SERVICES
(From Section CZ#A313-6(G)(1-4); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions:
171.8.1.1Health and medical clinics;
171.8.1.2Hospitals;
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases;
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care.
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities in Section C, Index of Definitions of Language and Legal Terms.)
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (From Section CZ#A313-6(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (From Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11 SOLID WASTE DISPOSAL
(From Section CZ#A313-6(I); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1the disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and
171.11.1.2liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites.
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1sewage collected and treated in a sewerage system; or
171.11.2.2materials or substances having commercial value that have been salvaged for reuse, recycling or resale.
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (From Section CZ#A313-6(J); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2703, § 7, 11/29/2022)
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types:
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section INL#314-44(a)(4); Ord. 1800, 6/23/87)
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section INL#314-38(b)(5); Ord. 1801, 6/23/87)
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section INL#314-38(b)(5)(1); Ord. 1801, 6/23/87)
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section INL#314-38(b)(5) (2); Ord. 1801, 6/23/87)
171.2.3Public swimming pools. (Former Section INL#314-38(b)(5)(3); Ord. 1801, 6/23/87)
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include:
(From Section CZ#A313-6(B)(1-7); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5.1Fire and police stations;
171.5.2Ambulance services;
171.5.3Post offices, excluding major processing centers;
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards;
171.5.5Community wells, water storage tanks, and associated water treatment facilities.
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields.
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (From Section CZ#A313-6(H)(1-10); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.6.1Airports, heliports, and helistops;
171.6.2Railroad stations;
171.6.3Bus Depots;
171.6.4Publicly operated parking garages;
171.6.5Water and wastewater treatment plants;
171.6.6Cemeteries, mausoleums, crematoriums and columbariums
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities;
171.6.8Military installations;
171.6.9Electrical power plants operated by a government entity or public utility;
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility.
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than five (5) megawatts) and accessory structures and utility lines; and radio and television transmission antennas, equipment installations and exchanges, and substations.
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (From Section CZ#A313-6(K); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8 HEALTH CARE SERVICES
(From Section CZ#A313-6(G)(1-4); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions:
171.8.1.1Health and medical clinics;
171.8.1.2Hospitals;
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases;
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care.
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities in Section C, Index of Definitions of Language and Legal Terms.)
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (From Section CZ#A313-6(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (From Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11 SOLID WASTE DISPOSAL
(From Section CZ#A313-6(I); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1the disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and
171.11.1.2liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites.
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1sewage collected and treated in a sewerage system; or
171.11.2.2materials or substances having commercial value that have been salvaged for reuse, recycling or resale.
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (From Section CZ#A313-6(J); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2703, § 7, 11/29/2022)
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types:
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section INL#314-44(a)(4); Ord. 1800, 6/23/87)
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section INL#314-38(b)(5); Ord. 1801, 6/23/87)
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section INL#314-38(b)(5)(1); Ord. 1801, 6/23/87)
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section INL#314-38(b)(5) (2); Ord. 1801, 6/23/87)
171.2.3Public swimming pools. (Former Section INL#314-38(b)(5)(3); Ord. 1801, 6/23/87)
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include:
(From Section CZ#A313-6(B)(1-7); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5.1Fire and police stations;
171.5.2Ambulance services;
171.5.3Post offices, excluding major processing centers;
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards;
171.5.5Community wells, water storage tanks, and associated water treatment facilities.
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields.
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (From Section CZ#A313-6(H)(1-10); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.6.1Airports, heliports, and helistops;
171.6.2Railroad stations;
171.6.3Bus Depots;
171.6.4Publicly operated parking garages;
171.6.5Water and wastewater treatment plants;
171.6.6Cemeteries, mausoleums, crematoriums and columbariums
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities;
171.6.8Military installations;
171.6.9Electrical power plants operated by a government entity or public utility;
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility.
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than five (5) megawatts) and accessory structures and utility lines; and radio and television transmission antennas, equipment installations and exchanges, and substations.
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (From Section CZ#A313-6(K); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8 HEALTH CARE SERVICES
(From Section CZ#A313-6(G)(1-4); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions:
171.8.1.1Health and medical clinics;
171.8.1.2Hospitals;
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases;
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care.
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities in Section C, Index of Definitions of Language and Legal Terms.)
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (From Section CZ#A313-6(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (From Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11 SOLID WASTE DISPOSAL
(From Section CZ#A313-6(I); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1the disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and
171.11.1.2liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites.
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1sewage collected and treated in a sewerage system; or
171.11.2.2materials or substances having commercial value that have been salvaged for reuse, recycling or resale.
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (From Section CZ#A313-6(J); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2703, § 7, 11/29/2022)
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types:
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section INL#314-44(a)(4); Ord. 1800, 6/23/87)
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section INL#314-38(b)(5); Ord. 1801, 6/23/87)
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section INL#314-38(b)(5)(1); Ord. 1801, 6/23/87)
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section INL#314-38(b)(5) (2); Ord. 1801, 6/23/87)
171.2.3Public swimming pools. (Former Section INL#314-38(b)(5)(3); Ord. 1801, 6/23/87)
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include:
(From Section CZ#A313-6(B)(1-7); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5.1Fire and police stations;
171.5.2Ambulance services;
171.5.3Post offices, excluding major processing centers;
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards;
171.5.5Community wells, water storage tanks, and associated water treatment facilities.
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields.
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (From Section CZ#A313-6(H)(1-10); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.6.1Airports, heliports, and helistops;
171.6.2Railroad stations;
171.6.3Bus Depots;
171.6.4Publicly operated parking garages;
171.6.5Water and wastewater treatment plants;
171.6.6Cemeteries, mausoleums, crematoriums and columbariums
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities;
171.6.8Military installations;
171.6.9Electrical power plants operated by a government entity or public utility;
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility.
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than five (5) megawatts) and accessory structures and utility lines; and radio and television transmission antennas, equipment installations and exchanges, and substations.
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (From Section CZ#A313-6(K); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8 HEALTH CARE SERVICES
(From Section CZ#A313-6(G)(1-4); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions:
171.8.1.1Health and medical clinics;
171.8.1.2Hospitals;
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases;
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care.
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities in Section C, Index of Definitions of Language and Legal Terms.)
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (From Section CZ#A313-6(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (From Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11 SOLID WASTE DISPOSAL
(From Section CZ#A313-6(I); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1the disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and
171.11.1.2liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites.
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1sewage collected and treated in a sewerage system; or
171.11.2.2materials or substances having commercial value that have been salvaged for reuse, recycling or resale.
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (From Section CZ#A313-6(J); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2703, § 7, 11/29/2022)
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types:
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section INL#314-44(a)(4); Ord. 1800, 6/23/87)
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section INL#314-38(b)(5); Ord. 1801, 6/23/87)
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section INL#314-38(b)(5)(1); Ord. 1801, 6/23/87)
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section INL#314-38(b)(5) (2); Ord. 1801, 6/23/87)
171.2.3Public swimming pools. (Former Section INL#314-38(b)(5)(3); Ord. 1801, 6/23/87)
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include:
(From Section CZ#A313-6(B)(1-7); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5.1Fire and police stations;
171.5.2Ambulance services;
171.5.3Post offices, excluding major processing centers;
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards;
171.5.5Community wells, water storage tanks, and associated water treatment facilities.
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields.
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (From Section CZ#A313-6(H)(1-10); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.6.1Airports, heliports, and helistops;
171.6.2Railroad stations;
171.6.3Bus Depots;
171.6.4Publicly operated parking garages;
171.6.5Water and wastewater treatment plants;
171.6.6Cemeteries, mausoleums, crematoriums and columbariums
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities;
171.6.8Military installations;
171.6.9Electrical power plants operated by a government entity or public utility;
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility.
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than five (5) megawatts) and accessory structures and utility lines; and radio and television transmission antennas, equipment installations and exchanges, and substations.
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (From Section CZ#A313-6(K); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8 HEALTH CARE SERVICES
(From Section CZ#A313-6(G)(1-4); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions:
171.8.1.1Health and medical clinics;
171.8.1.2Hospitals;
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases;
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care.
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities in Section C, Index of Definitions of Language and Legal Terms.)
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (From Section CZ#A313-6(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (From Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11 SOLID WASTE DISPOSAL
(From Section CZ#A313-6(I); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1the disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and
171.11.1.2liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites.
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1sewage collected and treated in a sewerage system; or
171.11.2.2materials or substances having commercial value that have been salvaged for reuse, recycling or resale.
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (From Section CZ#A313-6(J); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2703, § 7, 11/29/2022)
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types:
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section INL#314-44(a)(4); Ord. 1800, 6/23/87)
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section INL#314-38(b)(5); Ord. 1801, 6/23/87)
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section INL#314-38(b)(5)(1); Ord. 1801, 6/23/87)
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section INL#314-38(b)(5) (2); Ord. 1801, 6/23/87)
171.2.3Public swimming pools. (Former Section INL#314-38(b)(5)(3); Ord. 1801, 6/23/87)
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include:
(From Section CZ#A313-6(B)(1-7); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5.1Fire and police stations;
171.5.2Ambulance services;
171.5.3Post offices, excluding major processing centers;
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards;
171.5.5Community wells, water storage tanks, and associated water treatment facilities.
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields.
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (From Section CZ#A313-6(H)(1-10); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.6.1Airports, heliports, and helistops;
171.6.2Railroad stations;
171.6.3Bus Depots;
171.6.4Publicly operated parking garages;
171.6.5Water and wastewater treatment plants;
171.6.6Cemeteries, mausoleums, crematoriums and columbariums
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities;
171.6.8Military installations;
171.6.9Electrical power plants operated by a government entity or public utility;
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility.
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than five (5) megawatts) and accessory structures and utility lines; and radio and television transmission antennas, equipment installations and exchanges, and substations.
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (From Section CZ#A313-6(K); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8 HEALTH CARE SERVICES
(From Section CZ#A313-6(G)(1-4); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions:
171.8.1.1Health and medical clinics;
171.8.1.2Hospitals;
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases;
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care.
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities in Section C, Index of Definitions of Language and Legal Terms.)
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (From Section CZ#A313-6(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (From Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11 SOLID WASTE DISPOSAL
(From Section CZ#A313-6(I); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1the disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and
171.11.1.2liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites.
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1sewage collected and treated in a sewerage system; or
171.11.2.2materials or substances having commercial value that have been salvaged for reuse, recycling or resale.
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (From Section CZ#A313-6(J); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2703, § 7, 11/29/2022)
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Civic Use Types include the performance of utility, educational, recreational, cultural, medical, Protective, governmental, and similar uses of importance to the public. The following are Civic Use Types:
171.1 ADMINISTRATIVE
The Administrative Use Type includes the uses performed by public, public non-profit, parochial, and public utility administrative offices. (Former Section INL#314-44(a)(4); Ord. 1800, 6/23/87)
171.2 COMMUNITY ASSEMBLY
The Community Assembly Use Type includes the activities typically performed by, or at, the following institutions or installations: (Former Section INL#314-38(b)(5); Ord. 1801, 6/23/87)
171.2.1Churches, temples, synagogues, and other places of worship; (Former Section INL#314-38(b)(5)(1); Ord. 1801, 6/23/87)
171.2.2Public parochial, and private non-profit clubs, lodges, meeting halls, and recreation centers; (Former Section INL#314-38(b)(5) (2); Ord. 1801, 6/23/87)
171.2.3Public swimming pools. (Former Section INL#314-38(b)(5)(3); Ord. 1801, 6/23/87)
171.4 ELECTRICAL DISTRIBUTION LINES, MAJOR
171.4.1This use type includes electrical utility wires, 60 kilovolt or larger, either above ground or underground, including supporting towers, poles and appurtenances, which are used for distributing, conveying or transmitting electrical energy. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.4.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(M); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5 ESSENTIAL SERVICES
The Essential Services Use Type includes uses which are necessary to support principal development. Typical Essential Services uses include:
(From Section CZ#A313-6(B)(1-7); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.5.1Fire and police stations;
171.5.2Ambulance services;
171.5.3Post offices, excluding major processing centers;
171.5.4Dumpster sites, solid waste transfer stations, and road maintenance yards;
171.5.5Community wells, water storage tanks, and associated water treatment facilities.
171.5.6Public, parochial and private day-care centers, family day care centers, nursery schools, elementary, junior high, and high schools. (Ord. 1842, § 18, 8/16/1988)
171.5.7Public and parochial parks, playgrounds and playing fields.
171.6 EXTENSIVE IMPACT CIVIC USE
The Extensive Impact Civic Use Type includes the uses typically performed by, or the maintenance and operation of, the following institutions and installations: (From Section CZ#A313-6(H)(1-10); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.6.1Airports, heliports, and helistops;
171.6.2Railroad stations;
171.6.3Bus Depots;
171.6.4Publicly operated parking garages;
171.6.5Water and wastewater treatment plants;
171.6.6Cemeteries, mausoleums, crematoriums and columbariums
171.6.7Sites for storage, repair and processing of materials and equipment and vehicles operated by governmental entities;
171.6.8Military installations;
171.6.9Electrical power plants operated by a government entity or public utility;
171.6.10Gas and oil storage facilities for power plants operated by a government entity or public utility.
171.7 GENERATION AND DISTRIBUTION FACILITIES, MINOR
171.7.1The Minor Generation and Distribution Facilities Use Type includes wind generators and accessory structures; small hydroelectric generators (less than five (5) megawatts) and accessory structures and utility lines; and radio and television transmission antennas, equipment installations and exchanges, and substations.
171.7.2The Minor Generation and Distribution Facilities Use Type does not include broadcasting and offices or sites for the storage or processing of materials or equipment. (From Section CZ#A313-6(K); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8 HEALTH CARE SERVICES
(From Section CZ#A313-6(G)(1-4); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.8.1The Health Care Services Use Type includes the uses typically performed by the following institutions:
171.8.1.1Health and medical clinics;
171.8.1.2Hospitals;
171.8.1.3Nursing homes, convalescent hospitals, rest homes, and homes for the aged with seven (7) or more patients, or with mental, drug addict, or alcohol addict cases;
171.8.1.4Medical centers for observation or rehabilitation, with full-time supervision or care.
171.8.2This use type does not include Community Care Facilities, which are a residential use (See, Community Care Facilities in Section C, Index of Definitions of Language and Legal Terms.)
171.9 OIL AND GAS PIPELINES
171.9.1The Oil and Gas Pipelines Use Type includes any gas pipeline, carrying 60 PSI pressure or above, distribution line, above or below ground, used to transport, convey, or distribute oil, petroleum, petroleum products, natural gas, or other flammable or hazardous substances. (From Section CZ#A313-6(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.9.2This use type does not include the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this ordinance. (From Section CZ#A3136(L); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.10 PUBLIC RECREATION AND OPEN SPACE
The Public Recreation and Open Space Use Type refers to a publicly-owned and maintained parkland and low intensity uses attendant thereto, such as tent camps and picnic areas and food service and other concessions. (From Section CZ#A313-6(F); Amended by Ord. 2167, Sec. 11, 4/7/98; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11 SOLID WASTE DISPOSAL
(From Section CZ#A313-6(I); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
171.11.1The Solid Waste Disposal Use Type includes:
171.11.1.1the disposal of all putrescible and non-putrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes; and
171.11.1.2liquid wastes disposed of in conjunction with solid wastes at solid waste transfer stations, processing facilities or disposal sites.
171.11.2The Solid Waste Disposal Use Type excludes:
171.11.2.1sewage collected and treated in a sewerage system; or
171.11.2.2materials or substances having commercial value that have been salvaged for reuse, recycling or resale.
171.12 UTILITIES, MINOR
The Minor Utilities Use Type includes the erection, construction, alteration or maintenance of private wells and on-site sewage disposal system, gas, electric and water. (From Section CZ#A313-6(J); Added to INL by Ord. 2205, Sec. 1, 4/11/00) (Ord. 2703, § 7, 11/29/2022)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types:
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section INL#314-38(a)(3); Ord. 1801, 6/23/87)
172.2 REPEALED BY ORD. 2732, § 5, 3/5/2024.
172.3 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section INL#314-38(b)(1); Ord. 1801, 6/23/87)
172.4 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section INL#314-38(b) (2); Ord. 1801, 6/23/87)
172.5 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section INL#314-38(a)(4); INL#314-44(a)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.6 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a non-profit organization and open only to members of such non-profit organizations and their guests. (From Section CZ#A313-7(O); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
172.7 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section INL#314-38(b)(3); INL#314-44(b)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.8 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section INL#314-38(b)(4); INL#31444(b)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.9 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section INL#314-44(b)(3); Ord. 1800, 6/23/87)
172.10 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section INL#314-38(a)(1); INL#314-44(a)(3); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87) (Ord. 2732, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types:
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section INL#314-38(a)(3); Ord. 1801, 6/23/87)
172.2 REPEALED BY ORD. 2732, § 5, 3/5/2024.
172.3 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section INL#314-38(b)(1); Ord. 1801, 6/23/87)
172.4 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section INL#314-38(b) (2); Ord. 1801, 6/23/87)
172.5 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section INL#314-38(a)(4); INL#314-44(a)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.6 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a non-profit organization and open only to members of such non-profit organizations and their guests. (From Section CZ#A313-7(O); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
172.7 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section INL#314-38(b)(3); INL#314-44(b)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.8 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section INL#314-38(b)(4); INL#31444(b)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.9 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section INL#314-44(b)(3); Ord. 1800, 6/23/87)
172.10 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section INL#314-38(a)(1); INL#314-44(a)(3); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87) (Ord. 2732, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types:
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section INL#314-38(a)(3); Ord. 1801, 6/23/87)
172.2 REPEALED BY ORD. 2732, § 5, 3/5/2024.
172.3 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section INL#314-38(b)(1); Ord. 1801, 6/23/87)
172.4 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section INL#314-38(b) (2); Ord. 1801, 6/23/87)
172.5 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section INL#314-38(a)(4); INL#314-44(a)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.6 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a non-profit organization and open only to members of such non-profit organizations and their guests. (From Section CZ#A313-7(O); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
172.7 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section INL#314-38(b)(3); INL#314-44(b)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.8 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section INL#314-38(b)(4); INL#31444(b)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.9 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section INL#314-44(b)(3); Ord. 1800, 6/23/87)
172.10 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section INL#314-38(a)(1); INL#314-44(a)(3); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87) (Ord. 2732, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types:
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section INL#314-38(a)(3); Ord. 1801, 6/23/87)
172.2 REPEALED BY ORD. 2732, § 5, 3/5/2024.
172.3 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section INL#314-38(b)(1); Ord. 1801, 6/23/87)
172.4 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section INL#314-38(b) (2); Ord. 1801, 6/23/87)
172.5 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section INL#314-38(a)(4); INL#314-44(a)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.6 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a non-profit organization and open only to members of such non-profit organizations and their guests. (From Section CZ#A313-7(O); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
172.7 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section INL#314-38(b)(3); INL#314-44(b)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.8 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section INL#314-38(b)(4); INL#31444(b)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.9 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section INL#314-44(b)(3); Ord. 1800, 6/23/87)
172.10 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section INL#314-38(a)(1); INL#314-44(a)(3); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87) (Ord. 2732, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types:
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section INL#314-38(a)(3); Ord. 1801, 6/23/87)
172.2 REPEALED BY ORD. 2732, § 5, 3/5/2024.
172.3 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section INL#314-38(b)(1); Ord. 1801, 6/23/87)
172.4 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section INL#314-38(b) (2); Ord. 1801, 6/23/87)
172.5 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section INL#314-38(a)(4); INL#314-44(a)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.6 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a non-profit organization and open only to members of such non-profit organizations and their guests. (From Section CZ#A313-7(O); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
172.7 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section INL#314-38(b)(3); INL#314-44(b)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.8 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section INL#314-38(b)(4); INL#31444(b)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.9 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section INL#314-44(b)(3); Ord. 1800, 6/23/87)
172.10 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section INL#314-38(a)(1); INL#314-44(a)(3); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87) (Ord. 2732, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types:
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section INL#314-38(a)(3); Ord. 1801, 6/23/87)
172.2 REPEALED BY ORD. 2732, § 5, 3/5/2024.
172.3 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section INL#314-38(b)(1); Ord. 1801, 6/23/87)
172.4 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section INL#314-38(b) (2); Ord. 1801, 6/23/87)
172.5 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section INL#314-38(a)(4); INL#314-44(a)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.6 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a non-profit organization and open only to members of such non-profit organizations and their guests. (From Section CZ#A313-7(O); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
172.7 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section INL#314-38(b)(3); INL#314-44(b)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.8 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section INL#314-38(b)(4); INL#31444(b)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.9 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section INL#314-44(b)(3); Ord. 1800, 6/23/87)
172.10 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section INL#314-38(a)(1); INL#314-44(a)(3); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87) (Ord. 2732, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types:
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section INL#314-38(a)(3); Ord. 1801, 6/23/87)
172.2 REPEALED BY ORD. 2732, § 5, 3/5/2024.
172.3 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section INL#314-38(b)(1); Ord. 1801, 6/23/87)
172.4 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section INL#314-38(b) (2); Ord. 1801, 6/23/87)
172.5 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section INL#314-38(a)(4); INL#314-44(a)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.6 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a non-profit organization and open only to members of such non-profit organizations and their guests. (From Section CZ#A313-7(O); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
172.7 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section INL#314-38(b)(3); INL#314-44(b)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.8 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section INL#314-38(b)(4); INL#31444(b)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.9 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section INL#314-44(b)(3); Ord. 1800, 6/23/87)
172.10 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section INL#314-38(a)(1); INL#314-44(a)(3); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87) (Ord. 2732, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types:
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section INL#314-38(a)(3); Ord. 1801, 6/23/87)
172.2 REPEALED BY ORD. 2732, § 5, 3/5/2024.
172.3 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section INL#314-38(b)(1); Ord. 1801, 6/23/87)
172.4 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section INL#314-38(b) (2); Ord. 1801, 6/23/87)
172.5 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section INL#314-38(a)(4); INL#314-44(a)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.6 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a non-profit organization and open only to members of such non-profit organizations and their guests. (From Section CZ#A313-7(O); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
172.7 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section INL#314-38(b)(3); INL#314-44(b)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.8 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section INL#314-38(b)(4); INL#31444(b)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.9 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section INL#314-44(b)(3); Ord. 1800, 6/23/87)
172.10 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section INL#314-38(a)(1); INL#314-44(a)(3); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87) (Ord. 2732, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types:
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section INL#314-38(a)(3); Ord. 1801, 6/23/87)
172.2 REPEALED BY ORD. 2732, § 5, 3/5/2024.
172.3 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section INL#314-38(b)(1); Ord. 1801, 6/23/87)
172.4 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section INL#314-38(b) (2); Ord. 1801, 6/23/87)
172.5 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section INL#314-38(a)(4); INL#314-44(a)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.6 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a non-profit organization and open only to members of such non-profit organizations and their guests. (From Section CZ#A313-7(O); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
172.7 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section INL#314-38(b)(3); INL#314-44(b)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.8 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section INL#314-38(b)(4); INL#31444(b)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.9 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section INL#314-44(b)(3); Ord. 1800, 6/23/87)
172.10 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section INL#314-38(a)(1); INL#314-44(a)(3); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87) (Ord. 2732, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types:
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section INL#314-38(a)(3); Ord. 1801, 6/23/87)
172.2 REPEALED BY ORD. 2732, § 5, 3/5/2024.
172.3 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section INL#314-38(b)(1); Ord. 1801, 6/23/87)
172.4 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section INL#314-38(b) (2); Ord. 1801, 6/23/87)
172.5 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section INL#314-38(a)(4); INL#314-44(a)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.6 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a non-profit organization and open only to members of such non-profit organizations and their guests. (From Section CZ#A313-7(O); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
172.7 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section INL#314-38(b)(3); INL#314-44(b)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.8 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section INL#314-38(b)(4); INL#31444(b)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.9 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section INL#314-44(b)(3); Ord. 1800, 6/23/87)
172.10 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section INL#314-38(a)(1); INL#314-44(a)(3); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87) (Ord. 2732, § 5, 3/5/2024)
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Commercial Uses include the distribution and sale or rental of goods; the provision of services other than those classified as Civic Uses; and the administrative and research operations of private, profit-oriented firms. The following are Commercial Use Types:
172.1 AUTOMOTIVE SALES, SERVICE AND REPAIR
The Automotive Sales, Service and Repair Use Type includes the sales from the premises of motor vehicles, accessory parts and supplies, and the provision of services generally required in the operation and maintenance of motor vehicles; the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. Auto sales from the premises are also included. (Former Section INL#314-38(a)(3); Ord. 1801, 6/23/87)
172.2 REPEALED BY ORD. 2732, § 5, 3/5/2024.
172.3 HEAVY COMMERCIAL
The Heavy Commercial Use Type includes activities such as transfer, storage or processing of used, scrap or waste materials, including automobile wrecking, the sales, storage of building materials, construction and agricultural equipment, kennels, and animal hospitals. (Former Section INL#314-38(b)(1); Ord. 1801, 6/23/87)
172.4 NEIGHBORHOOD COMMERCIAL
The Neighborhood Commercial Use Type includes retail sales and services which provide convenient facilities to residential areas, such as coin operated laundries, food markets, variety stores, and automobile gas or filling stations. (Former Section INL#314-38(b) (2); Ord. 1801, 6/23/87)
172.5 OFFICE AND PROFESSIONAL SERVICES
The Office and Professional Services Use Type includes administrative activities of private, profit-oriented administrative firms; radio and television broadcasting stations and offices; medical, dental and related services; professional, consultative, and financial services. (Former Section INL#314-38(a)(4); INL#314-44(a)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.6 PRIVATE RECREATION
The Private Recreation Use Type includes clubs or recreation facilities operated by a non-profit organization and open only to members of such non-profit organizations and their guests. (From Section CZ#A313-7(O); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
172.7 RETAIL SALES
The Retail Sales Use Type includes the rental or sale, from the premises, of various consumer goods including food, household goods, business supplies, small equipment, agricultural supplies, and parts and accessories, and incidental storage activities. (Former Section INL#314-38(b)(3); INL#314-44(b)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.8 RETAIL SERVICE
The Retail Service Use Type includes the provision of services other than those classified as Civic Uses, including personal service, business service, eating and drinking establishments, automobile gas or filling station, minor automotive repair, group assembly for entertainment or athletic events, animal care and treatment, and undertaking services. (Former Section INL#314-38(b)(4); INL#31444(b)(2); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
172.9 TRANSIENT HABITATION
The Transient Habitation Use Type includes motels, hotels, resorts and other facilities other than special occupancy parks providing lodging services to guests on a less-than-weekly basis. (Former Section INL#314-44(b)(3); Ord. 1800, 6/23/87)
172.10 WAREHOUSING, STORAGE AND DISTRIBUTION
The Warehousing, Storage and Distribution Use Type refers to establishments or places of business primarily engaged in enclosed or open-air wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. (Former Section INL#314-38(a)(1); INL#314-44(a)(3); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87) (Ord. 2732, § 5, 3/5/2024)
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The Commercial Timber Use Type includes the on-site production of commercial timber products. The following are Commercial Timber Use Types:
173.1 TIMBER PRODUCTION
The Timber Production Use Type refers to the growing, management, and harvesting of trees of any commercial species used to produce timber and other forest products including Christmas trees, and may include any use which is integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings, and log storage areas, portable chippers and portable sawmills. See also, definitions for “Timber Harvest” and “Timber Management”. (From Section CZ#A313-10(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
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The Commercial Timber Use Type includes the on-site production of commercial timber products. The following are Commercial Timber Use Types:
173.1 TIMBER PRODUCTION
The Timber Production Use Type refers to the growing, management, and harvesting of trees of any commercial species used to produce timber and other forest products including Christmas trees, and may include any use which is integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings, and log storage areas, portable chippers and portable sawmills. See also, definitions for “Timber Harvest” and “Timber Management”. (From Section CZ#A313-10(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
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Extractive Use Types include the on-site production of mineral products by extractive methods. The following are Extractive Use Types:
174.1 SURFACE MINING - 2
The Surface Mining - 2 Use Type refers to surface extraction of nonmetallic minerals such as sand and gravel, but not including stationary on-site processing facilities of any type, subject to the Surface Mining and Reclamation Regulations at Title III, Division 9 - (Section 391 4 and following). (From Section CZ#A313-11(C); Ord. 2117, Sec. 1, 5/28/96; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
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Extractive Use Types include the on-site production of mineral products by extractive methods. The following are Extractive Use Types:
174.1 SURFACE MINING - 2
The Surface Mining - 2 Use Type refers to surface extraction of nonmetallic minerals such as sand and gravel, but not including stationary on-site processing facilities of any type, subject to the Surface Mining and Reclamation Regulations at Title III, Division 9 - (Section 391 4 and following). (From Section CZ#A313-11(C); Ord. 2117, Sec. 1, 5/28/96; Added to INL by Ord. 2205, Sec. 1, 4/11/00)
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types:
175.1 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section INL#314-38(a)(5); INL#312-21.2; Added by Ord. 1737, Sec. 1, 5/20/86; Ord. 1801, 6/23/87; Amended by Ord. 1876, Sec. 1, 9/26/89)
175.2 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (From Section CZ#A313-8(D); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
175.3 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorator’s yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section INL#314-38(a)(2); INL#314-44(a)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types:
175.1 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section INL#314-38(a)(5); INL#312-21.2; Added by Ord. 1737, Sec. 1, 5/20/86; Ord. 1801, 6/23/87; Amended by Ord. 1876, Sec. 1, 9/26/89)
175.2 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (From Section CZ#A313-8(D); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
175.3 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorator’s yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section INL#314-38(a)(2); INL#314-44(a)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types:
175.1 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section INL#314-38(a)(5); INL#312-21.2; Added by Ord. 1737, Sec. 1, 5/20/86; Ord. 1801, 6/23/87; Amended by Ord. 1876, Sec. 1, 9/26/89)
175.2 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (From Section CZ#A313-8(D); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
175.3 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorator’s yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section INL#314-38(a)(2); INL#314-44(a)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
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Industrial and Manufacturing Uses include the on-site production of goods by methods not agricultural or extractive in nature. The following are Industrial Use Types:
175.1 COTTAGE INDUSTRY
The Cottage Industry Use Type refers to establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment or a single kiln, and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, custom jewelry or small furniture and cabinet manufacturers. (Former Section INL#314-38(a)(5); INL#312-21.2; Added by Ord. 1737, Sec. 1, 5/20/86; Ord. 1801, 6/23/87; Amended by Ord. 1876, Sec. 1, 9/26/89)
175.2 HAZARDOUS INDUSTRIAL
The Hazardous Industrial Use Type includes any industrial activity which involves the handling of toxic, highly flammable, explosive or radioactive materials in such quantities that would, if released or ignited, constitute a significant risk to adjacent human populations or development. (From Section CZ#A313-8(D); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
175.3 RESEARCH/LIGHT INDUSTRIAL
The Research/Light Industrial Use Type includes non-nuisance, industrial, low-impact manufacturing, and development activities which do not create objectionable levels of noise, vibration, air pollution, odor, humidity, heat, cold or glare on nearby residential or commercial uses, such as the manufacture of electrical and electronic equipment, industrial and scientific research, medical testing and analysis and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorator’s yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section INL#314-38(a)(2); INL#314-44(a)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
s and product testing, carpentry and cabinetmaking shops, clothing manufacture, contractor’s yards, dry cleaning and laundry plants, lumber yards, metalworking shops, wholesale outlet stores, painter’s and decorator’s yards, plumbing shops, printing and lithographing, and associated administrative offices. (Former Section INL#314-38(a)(2); INL#314-44(a)(1); Ord. 1800, 6/23/87; Ord. 1801, 6/23/87)
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Natural Resource Use Types include the on-site structures and activities which are compatible with the protection and enhancement of sensitive coastal resources. The following are Natural Resource Use Types:
176.1 FISH AND WILDLIFE HABITAT MANAGEMENT
The Fish and Wildlife Habitat Management Use Type refers to the manipulation or maintenance of vegetation or streams, or construction of minor structures to yield desired results in terms of habitat suitable for designated wildlife or fishery species or groups of species. (From Section CZ#A313-12(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
176.2 WATERSHED MANAGEMENT
The Watershed Management Use Type includes manipulation or maintenance of a total area or portion of an area draining into a given waterway or reservoir for purposes of wildlife or fishery enhancement, water quality or quantity enhancement, siltation and erosion control and for flood plain management. (From Section CZ#A313-12(C); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
176.3 WETLAND RESTORATION
The Wetland Restoration Use Type includes manipulation or management of an area to create or enhance wetland resource values such as fish and wildlife habitat, siltation and erosion control, and flood storage. (From Section CZ#A313-12(D); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
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Natural Resource Use Types include the on-site structures and activities which are compatible with the protection and enhancement of sensitive coastal resources. The following are Natural Resource Use Types:
176.1 FISH AND WILDLIFE HABITAT MANAGEMENT
The Fish and Wildlife Habitat Management Use Type refers to the manipulation or maintenance of vegetation or streams, or construction of minor structures to yield desired results in terms of habitat suitable for designated wildlife or fishery species or groups of species. (From Section CZ#A313-12(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
176.2 WATERSHED MANAGEMENT
The Watershed Management Use Type includes manipulation or maintenance of a total area or portion of an area draining into a given waterway or reservoir for purposes of wildlife or fishery enhancement, water quality or quantity enhancement, siltation and erosion control and for flood plain management. (From Section CZ#A313-12(C); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
176.3 WETLAND RESTORATION
The Wetland Restoration Use Type includes manipulation or management of an area to create or enhance wetland resource values such as fish and wildlife habitat, siltation and erosion control, and flood storage. (From Section CZ#A313-12(D); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
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Natural Resource Use Types include the on-site structures and activities which are compatible with the protection and enhancement of sensitive coastal resources. The following are Natural Resource Use Types:
176.1 FISH AND WILDLIFE HABITAT MANAGEMENT
The Fish and Wildlife Habitat Management Use Type refers to the manipulation or maintenance of vegetation or streams, or construction of minor structures to yield desired results in terms of habitat suitable for designated wildlife or fishery species or groups of species. (From Section CZ#A313-12(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
176.2 WATERSHED MANAGEMENT
The Watershed Management Use Type includes manipulation or maintenance of a total area or portion of an area draining into a given waterway or reservoir for purposes of wildlife or fishery enhancement, water quality or quantity enhancement, siltation and erosion control and for flood plain management. (From Section CZ#A313-12(C); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
176.3 WETLAND RESTORATION
The Wetland Restoration Use Type includes manipulation or management of an area to create or enhance wetland resource values such as fish and wildlife habitat, siltation and erosion control, and flood storage. (From Section CZ#A313-12(D); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
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Natural Resource Use Types include the on-site structures and activities which are compatible with the protection and enhancement of sensitive coastal resources. The following are Natural Resource Use Types:
176.1 FISH AND WILDLIFE HABITAT MANAGEMENT
The Fish and Wildlife Habitat Management Use Type refers to the manipulation or maintenance of vegetation or streams, or construction of minor structures to yield desired results in terms of habitat suitable for designated wildlife or fishery species or groups of species. (From Section CZ#A313-12(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
176.2 WATERSHED MANAGEMENT
The Watershed Management Use Type includes manipulation or maintenance of a total area or portion of an area draining into a given waterway or reservoir for purposes of wildlife or fishery enhancement, water quality or quantity enhancement, siltation and erosion control and for flood plain management. (From Section CZ#A313-12(C); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
176.3 WETLAND RESTORATION
The Wetland Restoration Use Type includes manipulation or management of an area to create or enhance wetland resource values such as fish and wildlife habitat, siltation and erosion control, and flood storage. (From Section CZ#A313-12(D); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities.
177.1 EMERGENCY SHELTER
The emergency shelter use type includes temporary housing with or without supportive services for persons experiencing homelessness which may be in the form of dormitory or congregate housing, or individual shelters. “Emergency shelter” may include day shelters, low barrier navigation centers, or safe parking or safe shelter sites consisting of tents or other structures as described in this Code. Emergency shelter is provided by a public agency, religious organization, or nonprofit organization at no cost to persons without permanent housing. Operations may be seasonal or year-round and client services may be offered, including, but not limited to, counseling, medical evaluation and job/life skills training in addition to food, showers and sleeping accommodations.
177.2 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (From Section CZ#A313-5(F); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.3 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two (2) or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Manufactured Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (From Section CZ#A313-5(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.4 RESIDENTIAL USES SUBORDINATE TO THE PERMITTED USE
The Residential Uses Subordinate to the Permitted Use Type includes caretaker residences, apartments in back or above a commercial use, and repair and replacement of existing residences. Alterations and minor expansions of existing residences are also permitted if they can be found compatible with adjacent uses. (Former Section INL#314-38(b)(6); Ord. 1801, Sec. 1, 6/30/87)
177.5 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is located on the same lot as a planned or existing principal dwelling unit for occupancy by individuals or a household. (See Section 314-69.05, Accessory Dwelling Units.) (Former Section CZ#A313-5(J); INL#312-61.1)
177.6 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, and accessory uses necessarily and customarily associated with residential use. Single-Family Residential also includes small-scale employee housing, as defined in subsection 314-47.3.7. (From Section CZ#A313-5(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.7 TRANSITIONAL HOUSING
The transitional housing use type includes rental housing that provides rental assistance for at least six (6) months, but where the space is reoccupied by another program recipient after a set period. Transitional housing is a residential use, subject only to those restrictions that apply to other residential units of the same type in the same zone.
177.8 SUPPORTIVE HOUSING
The supportive housing use type includes housing with no limit on length of stay that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Ord. 2335, 12/14/2004; Ord. 2650, § 7, 9/1/2020; Ord. 2693, § 4, 6/7/2022; Ord. 2719, § 6, 7/11/2023; Ord. 2721, § 4, 7/11/2023; Ord. 2732, § 6, 3/5/2024; Ord. 2781, § 4, 1/13/2026)
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities.
177.1 EMERGENCY SHELTER
The emergency shelter use type includes temporary housing with or without supportive services for persons experiencing homelessness which may be in the form of dormitory or congregate housing, or individual shelters. “Emergency shelter” may include day shelters, low barrier navigation centers, or safe parking or safe shelter sites consisting of tents or other structures as described in this Code. Emergency shelter is provided by a public agency, religious organization, or nonprofit organization at no cost to persons without permanent housing. Operations may be seasonal or year-round and client services may be offered, including, but not limited to, counseling, medical evaluation and job/life skills training in addition to food, showers and sleeping accommodations.
177.2 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (From Section CZ#A313-5(F); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.3 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two (2) or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Manufactured Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (From Section CZ#A313-5(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.4 RESIDENTIAL USES SUBORDINATE TO THE PERMITTED USE
The Residential Uses Subordinate to the Permitted Use Type includes caretaker residences, apartments in back or above a commercial use, and repair and replacement of existing residences. Alterations and minor expansions of existing residences are also permitted if they can be found compatible with adjacent uses. (Former Section INL#314-38(b)(6); Ord. 1801, Sec. 1, 6/30/87)
177.5 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is located on the same lot as a planned or existing principal dwelling unit for occupancy by individuals or a household. (See Section 314-69.05, Accessory Dwelling Units.) (Former Section CZ#A313-5(J); INL#312-61.1)
177.6 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, and accessory uses necessarily and customarily associated with residential use. Single-Family Residential also includes small-scale employee housing, as defined in subsection 314-47.3.7. (From Section CZ#A313-5(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.7 TRANSITIONAL HOUSING
The transitional housing use type includes rental housing that provides rental assistance for at least six (6) months, but where the space is reoccupied by another program recipient after a set period. Transitional housing is a residential use, subject only to those restrictions that apply to other residential units of the same type in the same zone.
177.8 SUPPORTIVE HOUSING
The supportive housing use type includes housing with no limit on length of stay that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Ord. 2335, 12/14/2004; Ord. 2650, § 7, 9/1/2020; Ord. 2693, § 4, 6/7/2022; Ord. 2719, § 6, 7/11/2023; Ord. 2721, § 4, 7/11/2023; Ord. 2732, § 6, 3/5/2024; Ord. 2781, § 4, 1/13/2026)
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities.
177.1 EMERGENCY SHELTER
The emergency shelter use type includes temporary housing with or without supportive services for persons experiencing homelessness which may be in the form of dormitory or congregate housing, or individual shelters. “Emergency shelter” may include day shelters, low barrier navigation centers, or safe parking or safe shelter sites consisting of tents or other structures as described in this Code. Emergency shelter is provided by a public agency, religious organization, or nonprofit organization at no cost to persons without permanent housing. Operations may be seasonal or year-round and client services may be offered, including, but not limited to, counseling, medical evaluation and job/life skills training in addition to food, showers and sleeping accommodations.
177.2 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (From Section CZ#A313-5(F); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.3 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two (2) or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Manufactured Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (From Section CZ#A313-5(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.4 RESIDENTIAL USES SUBORDINATE TO THE PERMITTED USE
The Residential Uses Subordinate to the Permitted Use Type includes caretaker residences, apartments in back or above a commercial use, and repair and replacement of existing residences. Alterations and minor expansions of existing residences are also permitted if they can be found compatible with adjacent uses. (Former Section INL#314-38(b)(6); Ord. 1801, Sec. 1, 6/30/87)
177.5 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is located on the same lot as a planned or existing principal dwelling unit for occupancy by individuals or a household. (See Section 314-69.05, Accessory Dwelling Units.) (Former Section CZ#A313-5(J); INL#312-61.1)
177.6 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, and accessory uses necessarily and customarily associated with residential use. Single-Family Residential also includes small-scale employee housing, as defined in subsection 314-47.3.7. (From Section CZ#A313-5(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.7 TRANSITIONAL HOUSING
The transitional housing use type includes rental housing that provides rental assistance for at least six (6) months, but where the space is reoccupied by another program recipient after a set period. Transitional housing is a residential use, subject only to those restrictions that apply to other residential units of the same type in the same zone.
177.8 SUPPORTIVE HOUSING
The supportive housing use type includes housing with no limit on length of stay that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Ord. 2335, 12/14/2004; Ord. 2650, § 7, 9/1/2020; Ord. 2693, § 4, 6/7/2022; Ord. 2719, § 6, 7/11/2023; Ord. 2721, § 4, 7/11/2023; Ord. 2732, § 6, 3/5/2024; Ord. 2781, § 4, 1/13/2026)
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities.
177.1 EMERGENCY SHELTER
The emergency shelter use type includes temporary housing with or without supportive services for persons experiencing homelessness which may be in the form of dormitory or congregate housing, or individual shelters. “Emergency shelter” may include day shelters, low barrier navigation centers, or safe parking or safe shelter sites consisting of tents or other structures as described in this Code. Emergency shelter is provided by a public agency, religious organization, or nonprofit organization at no cost to persons without permanent housing. Operations may be seasonal or year-round and client services may be offered, including, but not limited to, counseling, medical evaluation and job/life skills training in addition to food, showers and sleeping accommodations.
177.2 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (From Section CZ#A313-5(F); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.3 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two (2) or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Manufactured Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (From Section CZ#A313-5(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.4 RESIDENTIAL USES SUBORDINATE TO THE PERMITTED USE
The Residential Uses Subordinate to the Permitted Use Type includes caretaker residences, apartments in back or above a commercial use, and repair and replacement of existing residences. Alterations and minor expansions of existing residences are also permitted if they can be found compatible with adjacent uses. (Former Section INL#314-38(b)(6); Ord. 1801, Sec. 1, 6/30/87)
177.5 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is located on the same lot as a planned or existing principal dwelling unit for occupancy by individuals or a household. (See Section 314-69.05, Accessory Dwelling Units.) (Former Section CZ#A313-5(J); INL#312-61.1)
177.6 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, and accessory uses necessarily and customarily associated with residential use. Single-Family Residential also includes small-scale employee housing, as defined in subsection 314-47.3.7. (From Section CZ#A313-5(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.7 TRANSITIONAL HOUSING
The transitional housing use type includes rental housing that provides rental assistance for at least six (6) months, but where the space is reoccupied by another program recipient after a set period. Transitional housing is a residential use, subject only to those restrictions that apply to other residential units of the same type in the same zone.
177.8 SUPPORTIVE HOUSING
The supportive housing use type includes housing with no limit on length of stay that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Ord. 2335, 12/14/2004; Ord. 2650, § 7, 9/1/2020; Ord. 2693, § 4, 6/7/2022; Ord. 2719, § 6, 7/11/2023; Ord. 2721, § 4, 7/11/2023; Ord. 2732, § 6, 3/5/2024; Ord. 2781, § 4, 1/13/2026)
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities.
177.1 EMERGENCY SHELTER
The emergency shelter use type includes temporary housing with or without supportive services for persons experiencing homelessness which may be in the form of dormitory or congregate housing, or individual shelters. “Emergency shelter” may include day shelters, low barrier navigation centers, or safe parking or safe shelter sites consisting of tents or other structures as described in this Code. Emergency shelter is provided by a public agency, religious organization, or nonprofit organization at no cost to persons without permanent housing. Operations may be seasonal or year-round and client services may be offered, including, but not limited to, counseling, medical evaluation and job/life skills training in addition to food, showers and sleeping accommodations.
177.2 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (From Section CZ#A313-5(F); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.3 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two (2) or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Manufactured Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (From Section CZ#A313-5(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.4 RESIDENTIAL USES SUBORDINATE TO THE PERMITTED USE
The Residential Uses Subordinate to the Permitted Use Type includes caretaker residences, apartments in back or above a commercial use, and repair and replacement of existing residences. Alterations and minor expansions of existing residences are also permitted if they can be found compatible with adjacent uses. (Former Section INL#314-38(b)(6); Ord. 1801, Sec. 1, 6/30/87)
177.5 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is located on the same lot as a planned or existing principal dwelling unit for occupancy by individuals or a household. (See Section 314-69.05, Accessory Dwelling Units.) (Former Section CZ#A313-5(J); INL#312-61.1)
177.6 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, and accessory uses necessarily and customarily associated with residential use. Single-Family Residential also includes small-scale employee housing, as defined in subsection 314-47.3.7. (From Section CZ#A313-5(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.7 TRANSITIONAL HOUSING
The transitional housing use type includes rental housing that provides rental assistance for at least six (6) months, but where the space is reoccupied by another program recipient after a set period. Transitional housing is a residential use, subject only to those restrictions that apply to other residential units of the same type in the same zone.
177.8 SUPPORTIVE HOUSING
The supportive housing use type includes housing with no limit on length of stay that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Ord. 2335, 12/14/2004; Ord. 2650, § 7, 9/1/2020; Ord. 2693, § 4, 6/7/2022; Ord. 2719, § 6, 7/11/2023; Ord. 2721, § 4, 7/11/2023; Ord. 2732, § 6, 3/5/2024; Ord. 2781, § 4, 1/13/2026)
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities.
177.1 EMERGENCY SHELTER
The emergency shelter use type includes temporary housing with or without supportive services for persons experiencing homelessness which may be in the form of dormitory or congregate housing, or individual shelters. “Emergency shelter” may include day shelters, low barrier navigation centers, or safe parking or safe shelter sites consisting of tents or other structures as described in this Code. Emergency shelter is provided by a public agency, religious organization, or nonprofit organization at no cost to persons without permanent housing. Operations may be seasonal or year-round and client services may be offered, including, but not limited to, counseling, medical evaluation and job/life skills training in addition to food, showers and sleeping accommodations.
177.2 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (From Section CZ#A313-5(F); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.3 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two (2) or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Manufactured Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (From Section CZ#A313-5(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.4 RESIDENTIAL USES SUBORDINATE TO THE PERMITTED USE
The Residential Uses Subordinate to the Permitted Use Type includes caretaker residences, apartments in back or above a commercial use, and repair and replacement of existing residences. Alterations and minor expansions of existing residences are also permitted if they can be found compatible with adjacent uses. (Former Section INL#314-38(b)(6); Ord. 1801, Sec. 1, 6/30/87)
177.5 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is located on the same lot as a planned or existing principal dwelling unit for occupancy by individuals or a household. (See Section 314-69.05, Accessory Dwelling Units.) (Former Section CZ#A313-5(J); INL#312-61.1)
177.6 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, and accessory uses necessarily and customarily associated with residential use. Single-Family Residential also includes small-scale employee housing, as defined in subsection 314-47.3.7. (From Section CZ#A313-5(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.7 TRANSITIONAL HOUSING
The transitional housing use type includes rental housing that provides rental assistance for at least six (6) months, but where the space is reoccupied by another program recipient after a set period. Transitional housing is a residential use, subject only to those restrictions that apply to other residential units of the same type in the same zone.
177.8 SUPPORTIVE HOUSING
The supportive housing use type includes housing with no limit on length of stay that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Ord. 2335, 12/14/2004; Ord. 2650, § 7, 9/1/2020; Ord. 2693, § 4, 6/7/2022; Ord. 2719, § 6, 7/11/2023; Ord. 2721, § 4, 7/11/2023; Ord. 2732, § 6, 3/5/2024; Ord. 2781, § 4, 1/13/2026)
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities.
177.1 EMERGENCY SHELTER
The emergency shelter use type includes temporary housing with or without supportive services for persons experiencing homelessness which may be in the form of dormitory or congregate housing, or individual shelters. “Emergency shelter” may include day shelters, low barrier navigation centers, or safe parking or safe shelter sites consisting of tents or other structures as described in this Code. Emergency shelter is provided by a public agency, religious organization, or nonprofit organization at no cost to persons without permanent housing. Operations may be seasonal or year-round and client services may be offered, including, but not limited to, counseling, medical evaluation and job/life skills training in addition to food, showers and sleeping accommodations.
177.2 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (From Section CZ#A313-5(F); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.3 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two (2) or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Manufactured Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (From Section CZ#A313-5(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.4 RESIDENTIAL USES SUBORDINATE TO THE PERMITTED USE
The Residential Uses Subordinate to the Permitted Use Type includes caretaker residences, apartments in back or above a commercial use, and repair and replacement of existing residences. Alterations and minor expansions of existing residences are also permitted if they can be found compatible with adjacent uses. (Former Section INL#314-38(b)(6); Ord. 1801, Sec. 1, 6/30/87)
177.5 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is located on the same lot as a planned or existing principal dwelling unit for occupancy by individuals or a household. (See Section 314-69.05, Accessory Dwelling Units.) (Former Section CZ#A313-5(J); INL#312-61.1)
177.6 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, and accessory uses necessarily and customarily associated with residential use. Single-Family Residential also includes small-scale employee housing, as defined in subsection 314-47.3.7. (From Section CZ#A313-5(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.7 TRANSITIONAL HOUSING
The transitional housing use type includes rental housing that provides rental assistance for at least six (6) months, but where the space is reoccupied by another program recipient after a set period. Transitional housing is a residential use, subject only to those restrictions that apply to other residential units of the same type in the same zone.
177.8 SUPPORTIVE HOUSING
The supportive housing use type includes housing with no limit on length of stay that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Ord. 2335, 12/14/2004; Ord. 2650, § 7, 9/1/2020; Ord. 2693, § 4, 6/7/2022; Ord. 2719, § 6, 7/11/2023; Ord. 2721, § 4, 7/11/2023; Ord. 2732, § 6, 3/5/2024; Ord. 2781, § 4, 1/13/2026)
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities.
177.1 EMERGENCY SHELTER
The emergency shelter use type includes temporary housing with or without supportive services for persons experiencing homelessness which may be in the form of dormitory or congregate housing, or individual shelters. “Emergency shelter” may include day shelters, low barrier navigation centers, or safe parking or safe shelter sites consisting of tents or other structures as described in this Code. Emergency shelter is provided by a public agency, religious organization, or nonprofit organization at no cost to persons without permanent housing. Operations may be seasonal or year-round and client services may be offered, including, but not limited to, counseling, medical evaluation and job/life skills training in addition to food, showers and sleeping accommodations.
177.2 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (From Section CZ#A313-5(F); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.3 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two (2) or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Manufactured Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (From Section CZ#A313-5(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.4 RESIDENTIAL USES SUBORDINATE TO THE PERMITTED USE
The Residential Uses Subordinate to the Permitted Use Type includes caretaker residences, apartments in back or above a commercial use, and repair and replacement of existing residences. Alterations and minor expansions of existing residences are also permitted if they can be found compatible with adjacent uses. (Former Section INL#314-38(b)(6); Ord. 1801, Sec. 1, 6/30/87)
177.5 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is located on the same lot as a planned or existing principal dwelling unit for occupancy by individuals or a household. (See Section 314-69.05, Accessory Dwelling Units.) (Former Section CZ#A313-5(J); INL#312-61.1)
177.6 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, and accessory uses necessarily and customarily associated with residential use. Single-Family Residential also includes small-scale employee housing, as defined in subsection 314-47.3.7. (From Section CZ#A313-5(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.7 TRANSITIONAL HOUSING
The transitional housing use type includes rental housing that provides rental assistance for at least six (6) months, but where the space is reoccupied by another program recipient after a set period. Transitional housing is a residential use, subject only to those restrictions that apply to other residential units of the same type in the same zone.
177.8 SUPPORTIVE HOUSING
The supportive housing use type includes housing with no limit on length of stay that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Ord. 2335, 12/14/2004; Ord. 2650, § 7, 9/1/2020; Ord. 2693, § 4, 6/7/2022; Ord. 2719, § 6, 7/11/2023; Ord. 2721, § 4, 7/11/2023; Ord. 2732, § 6, 3/5/2024; Ord. 2781, § 4, 1/13/2026)
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Residential Use Types include the occupancy of dwelling units on a wholly or principally non-transient basis. Residential uses do not include institutional living arrangements involving the provision of a special kind of care or forced residence, such as in nursing homes, orphanages, asylum, and prisons, except as otherwise provided for various community care facilities.
177.1 EMERGENCY SHELTER
The emergency shelter use type includes temporary housing with or without supportive services for persons experiencing homelessness which may be in the form of dormitory or congregate housing, or individual shelters. “Emergency shelter” may include day shelters, low barrier navigation centers, or safe parking or safe shelter sites consisting of tents or other structures as described in this Code. Emergency shelter is provided by a public agency, religious organization, or nonprofit organization at no cost to persons without permanent housing. Operations may be seasonal or year-round and client services may be offered, including, but not limited to, counseling, medical evaluation and job/life skills training in addition to food, showers and sleeping accommodations.
177.2 GUEST HOUSE
The Guest House Use Type refers to living quarters within a detached accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. (From Section CZ#A313-5(F); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.3 MANUFACTURED HOME PARK DEVELOPMENT
The Manufactured Home Park Development Use Type refers to a tract of land where two (2) or more manufactured home lots are rented or leased or held out for rent or lease to accommodate manufactured homes or recreational vehicles used for human habitation. The Manufactured Home Park Development Use Type includes manufactured home development constructed according to the requirements of Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. (Reference: Section 65852.7, Government Code.) (From Section CZ#A313-5(E); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.4 RESIDENTIAL USES SUBORDINATE TO THE PERMITTED USE
The Residential Uses Subordinate to the Permitted Use Type includes caretaker residences, apartments in back or above a commercial use, and repair and replacement of existing residences. Alterations and minor expansions of existing residences are also permitted if they can be found compatible with adjacent uses. (Former Section INL#314-38(b)(6); Ord. 1801, Sec. 1, 6/30/87)
177.5 ACCESSORY DWELLING UNIT
The Accessory Dwelling Unit Use Type refers to a fully equipped dwelling unit which is located on the same lot as a planned or existing principal dwelling unit for occupancy by individuals or a household. (See Section 314-69.05, Accessory Dwelling Units.) (Former Section CZ#A313-5(J); INL#312-61.1)
177.6 SINGLE-FAMILY RESIDENTIAL
The Single-Family Residential Use Type includes the residential occupancy of a single detached main building by one (1) family on a nontransient basis, and accessory uses necessarily and customarily associated with residential use. Single-Family Residential also includes small-scale employee housing, as defined in subsection 314-47.3.7. (From Section CZ#A313-5(B); Added to INL by Ord. 2205, Sec. 1, 4/11/00)
177.7 TRANSITIONAL HOUSING
The transitional housing use type includes rental housing that provides rental assistance for at least six (6) months, but where the space is reoccupied by another program recipient after a set period. Transitional housing is a residential use, subject only to those restrictions that apply to other residential units of the same type in the same zone.
177.8 SUPPORTIVE HOUSING
The supportive housing use type includes housing with no limit on length of stay that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Ord. 2335, 12/14/2004; Ord. 2650, § 7, 9/1/2020; Ord. 2693, § 4, 6/7/2022; Ord. 2719, § 6, 7/11/2023; Ord. 2721, § 4, 7/11/2023; Ord. 2732, § 6, 3/5/2024; Ord. 2781, § 4, 1/13/2026)
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